[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[From the U.S. Government Printing Office, www.gpo.gov]



[[Page i]]


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


 
                                 HOUSE                                  
                                PRACTICE                                
                                                                        
                         A Guide to the Rules,                          
                             Precedents and                             
                        Procedures of the House                         
                                                                        
                                                                        
                            Wm. Holmes Brown                            
                      Parliamentarian of the House                      
                               1974-1994                                
                                                                        
                                                                        
                                                                        
                               
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
                     U.S. GOVERNMENT PRINTING OFFICE                    
                            WASHINGTON : 1996                           
------------------------------------------------------------------------
                                                                        
             For sale by the U.S. Government Printing Office            
        Superintendent of Documents, Congressional Sales Office,        
                          Washington, DC 20402                          
                           ISBN 0-16-053786-X                           




[[Page iii]]


             PERIODIC PREPARATION BY HOUSE PARLIAMENTARIAN              
                  OF CONDENSED AND SIMPLIFIED VERSIONS                  
                           OF HOUSE PRECEDENTS                          
                                                                        
                                                                        
Sec. 332. The Parliamentarian of the House of Representatives shall     
prepare, compile, and maintain on a current basis and in cumulative form,
for each Congress commencing with the Ninety-third Congress a condensed 
and, insofar as practicable, up-to-date version of all of the parliamentary
precedents of the House of Representatives which have current use and ap-
plication in the House, together with informative text prepared by the Par-
liamentarian and other useful related material in summary form. The Par-
liamentarian shall have such matter printed for each Congress on pages of
such size and in such type and format as he considers advisable to promote
the usefulness of such matter to the Members of the House and shall pro-
vide a printed copy thereof to each Member in each Congress, including the
Resident Commissioner from Puerto Rico and may make such other dis-     
tribution of such printed copies as he considers advisable. In carrying out
this section, the Parliamentarian may appoint and fix the pay of personnel
and utilize the services of personnel of the Library of Congress and the
Government Printing Office.                                             


                     Public Law 510--91st Congress                      




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                                 FOREWORD


      This new addition to the parliamentary library of the House was 
  initiated by William Holmes Brown during the last years of his 20-year 
  tenure as Parliamentarian. Its publication target was to coincide with 
  his retirement in 1994, but because of the many changes in the rules 
  adopted in the 104th Congress, the text was modified and enlarged to 
  accommodate these revisions. As a result of this decision, the 
  publication has been delayed but the volume is current.
      This work will require revision when rules are again amended and 
  as necessary to incorporate new interpretive rulings by the Chair. 
  However, most of the general principles explained in this text will 
  continue to apply, even as new rules are adopted and the procedures of 
  the House continue to evolve.
      With the publication of this summary work, and with the updating 
  in each Congress of the House Rules and Manual, current precedents are 
  now accessible to Members and staff of the Congress.
      The Office is also beginning to work on an electronic data base of 
  decisions of the Chair, to be updated periodically, which will be an 
  additional source for parliamentary research.

                                    Charles W. Johnson III
                                    Parliamentarian
                                    1994-

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                                  PREFACE

      The procedures used in the House of Representatives, while rooted 
  in the Constitution, Jefferson's Manual and in many time-honored House 
  rules, have been greatly modified in the last quarter century. Voting 
  practices have changed; debate has become more structured; reliance on 
  special orders of business has replaced the use of more traditional 
  methods of considering legislation on the floor.
      In this volume attempt has been made to integrate the long-
  established norms of House procedure with the innovations made 
  possible by technological advances and by reforms and disciplines 
  introduced by such laws as the Legislative Reorganization Act of 1970, 
  by the Congressional Budget Act of 1974, and by changes in the House 
  rules adopted at the beginning of recent Congresses. This volume 
  reflects the modern practice of the House as of the 104th Congress.
      The rules, procedures, and precedents of the House are sometimes 
  seen as arcane and unnecessarily technical. Yet they are a 
  distillation of the collective wisdom and experience of legislators--
  some traditionalists, some reformers--who have enacted the laws which 
  have sustained our Nation for over two centuries. In some mysterious 
  way the system works. The authority and privileges vested in the 
  majority have allowed the business of the House to proceed. Wisely, 
  the various changes in the rules have retained that fragile but 
  essential balance between the rights of the majority and the minority. 
  The legislative process is not always neat and tidy; it is often 
  inefficient and frequently frustrating. But in the mix of rules and 
  precedents, there are parliamentary tools which make legislative 
  victories possible. The importance of understanding these tools and 
  learning how to use them justifies the publication of this work.
      The scope of this work is limited: it is a summary review of 
  selected precedents and not an exhaustive survey of all applicable 
  rulings. The House Rules and Manual and the published volumes of House 
  precedents remain the primary sources for in-depth analysis and for 
  authoritative citations. This book has been conceived as a concordance 
  or quick reference guide to those works. Hopefully, the alphabetical 
  format and the synopses of precedents and citations on a given point 
  of procedure will lead the reader to the primary authority for a 
  definitive answer to a particular question.
      An earlier work on the precedents is Cannon's Procedure in the 
  House of Representatives, a summary by Clarence Cannon first published 
  in 1949. A later summary was prepared by Lewis Deschler, 
  Parliamentarian of the

[[Page viii]]

                                PREFACE                                 

  House from 1928 to 1974: Deschler's Procedure in the U.S. House of 
  Representatives (1974) which was revised and updated in 1977, 1979, 
  1982, 1985, and 1987 (Deschler-Brown). Comprehensive coverage and 
  analysis is found in Hinds' Precedents (1907), Cannon's Precedents 
  (1936), Deschler's Precedents (1977), and Deschler-Brown Precedents 
  (1988).

      The concept and format of this volume evolved after many 
  discussions with Roy Miller of the Precedents Editing Office within 
  the Office of the Parliamentarian. Roy also helped compile and edit 
  much of the material. Deborah Khalili must be commended for unlocking 
  the computer mysteries which permitted office keyboarding and a 
  successful interface with the Government Printing Office. The 
  Parliamentarian of the House, Charles W. Johnson III, and his Deputies 
  Thomas Duncan and John Sullivan, and Assistants Muftiah McCartin and 
  Thomas Wickham, committed a great deal of after-hours time to read and 
  comment on the text. All of us hope that these combined efforts will 
  provide Members a new perspective on and further understanding of the 
  rules which provide the framework for their legislative efforts.
      References to frequently cited works are to the House Rules and 
  Manual for the 104th Congress, by section (e.g., Manual Sec. 601); to 
  the volume and section of Hinds or Cannon (e.g., 6 Cannon's Precedents 
  Sec. 200); to the chapter and section of Deschler or Deschler-Brown 
  (e.g., Deschler Ch 12 Sec. 16); to the Congressional Record, by 
  Congress, session, date and page (e.g., 100-2, Sept. 30, 1988, p 
  27329), and to the United States Code, by title and section (e.g., 43 
  USC Sec. 1649).

                                    Wm. Holmes Brown
                                    Parliamentarian
                                    1974-1994

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                              CHAPTER OUTLINE

  Adjournment (p. 1)
  Amendments (p. 13)
  Appeals (p. 63)
  Appropriations (p. 67)
  Assembly of Congress (p. 153)
  Bills and Resolutions (p. 161)
  Budget Process (p. 173)
  Calendar Wednesday (p. 197)
  Calendars (p. 207)
  Chamber, Rooms, and Galleries (p. 211)
  Committees (p. 217)
  Committees of the Whole (p. 275)
  Conferences Between the Houses (p.307)
  Congressional Disapproval Actions (p. 343)
  Congressional Record (p. 345)
  Consideration and Debate (p. 353)
  Contempt Power (p. 425)
  Delegates and Resident Commissioners (p. 431)
  Discharging Measures From Committees (p. 433)
  District of Columbia Business (p. 443)
  Division of the Question for Voting (p. 449)
  Election Contests and Disputes (p. 459)
  Election of Members (p. 465)
  Electoral Counts--Selection of President and Vice President (p. 469)
  Germaneness of Amendments (p. 473)
  Impeachment (p. 531)
  Introduction and Reference of Bills (p. 547)
  Journal (p. 555)
  Lay on the Table (p. 563)
  Messages Between the Houses (p. 569)
  Misconduct; Sanctions (p. 573)
  Morning Hour (p. 601)
  Motions (p. 605)
  Oaths (p. 609)
  Officers (p. 615)
  Order of Business (p. 625)
  Points of Order; Parliamentary Inquiries (p. 633)

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  Chapter Outline--Continued
    
  Postponement (p. 647)
  Previous Question (p. 653)
  Private Calendar (p. 671)
  Question of Consideration (p. 677)
  Questions of Privilege (p. 683)
  Quorums (p. 707)
  Reading, Passage, and Enactment (p. 731)
  Recess (p. 745)
  Recognition (p. 749)
  Reconsideration (p. 769)
  Refer and Recommit (p. 783)
  Resolutions of Inquiry (p. 799)
  Rules and Precedents of the House (p. 807)
  Senate Bills; Amendments Between the Houses (p. 813)
  Special Rules (p. 841)
  Suspension of Rules (p. 851)
  Unanimous-consent Agreements (p. 861)
  Unfinished Business (p. 869)
  Veto of Bills (p. 873)
  Voting (p. 881)
  Index (p. 909)






[[Page 1]]

 
                                ADJOURNMENT

              A. Generally; Adjournments of Three Days or Less

  Sec.  1. In General
  Sec.  2. Adjournment Motions and Requests; Forms
  Sec.  3. When in Order; Precedence and Privilege of Motion
  Sec.  4. In Committee of the Whole
  Sec.  5. Who May Offer Motion; Recognition
  Sec.  6. Debate on Motion; Amendments
  Sec.  7. Voting
  Sec.  8. Quorum Requirements
  Sec.  9. Dilatory Motions; Repetition of Motion

              B. Adjournments for More Than Three Days

  Sec. 10. In General; Resolutions
  Sec. 11. Privilege of Resolution
  Sec. 12. August Recess

              C. Adjournment Sine Die

  Sec. 13. In General; Resolutions
  Sec. 14. Procedure at Adjournment; Motions
        Research References
          5 Hinds Secs. 5359-5388
          8 Cannon Secs. 2641-2648
          Manual Secs. 82-84, 782-784
          U.S. Const. art. I Sec. 5

             A. Generally; Adjournments of Three Days or Less


  Sec. 1 . In General

      Adjournment procedures in the House are governed by the House 
  rules and by the U.S. Constitution. There are: (1) adjournments of 
  three days or less, which are taken pursuant to motion; (2) 
  adjournments of more than

[[Page 2]]

  three days, which require the consent of the Senate (Sec. 10, infra); 
  and (3) adjournments sine die, which end each session of a Congress 
  and which require the consent of both Houses. Adjournments of more 
  than three days or sine die are taken pursuant to concurrent 
  resolutions. Secs. 10, 13, infra.
      Adjournment is to be distinguished from recess; a recess is taken 
  pursuant to authority granted by the House (Rule XVI clause 4) or, 
  when no other business is pending, at the discretion of the Speaker 
  (Rule I clause 12). During a period of recess, the House remains open 
  for certain business: the mace remains in place on its pedestal and 
  bills and reports may still be placed in the hopper. See Recess.


  Sec. 2 . Adjournment Motions and Requests; Forms

                                  Motions

      The motion to adjourn is authorized by Rule XVI clause 4 and is in 
  order in simple form only (5 Hinds Secs. 5371, 5372), as follows:

      Member: Mr. Speaker, I move that the House do now adjourn.

      Note: The motion must be in writing if demanded.

      Member: Mr. Speaker, I offer a privileged motion.
      The Speaker: The Clerk will report the motion.
      The Clerk: Mr. ____ moves that the House do now adjourn.

      The proponent of the motion may not include argument in favor of 
  the adjournment or impose conditions under which it is to be taken. 5 
  Hinds Sec. 5371; 8 Cannon Sec. 2647. And the motion may not be amended 
  to set forth the day on which the House is to reconvene. Sec. 6, 
  infra. However the simple motion to adjourn may be preceded at the 
  Speaker's discretion by a motion that when the House adjourns, it 
  stand adjourned to a day and time certain. Rule XVI clause 4. Manual 
  Sec. 782. This motion is used when the House wishes to make some 
  change in the day or hour of its next regularly scheduled meeting. 
  (The hour of daily meeting of the House is scheduled in each Congress 
  by standing order, e.g., that it meet at 12 noon on Mondays and 
  Tuesdays, 2 p.m. on Wednesdays, etc.) The House retains the right to 
  vary from this schedule by use of the motion to adjourn to a day or 
  time certain as provided in clause 4 of Rule XVI. See Manual Sec. 621.

      Member: Mr. Speaker, I move that when the House adjourns today it 
    stand adjourned to meet at __________(time) on __________(date).

      The motion cannot be used to circumvent the constitutional 
  restriction against adjournments for more than three days without the 
  consent of the Senate.

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                        Unanimous-Consent Requests

      Adjournments of three days or less may be sought pursuant to a 
  unanimous-consent request:

      Member: Mr. Speaker, I ask unanimous consent that when the House 
    adjourns today, it adjourn to meet at 10 a.m. on Friday, January 20, 
    19 ____ (or other day within three calendar days not including 
    Sundays). (Adjournments of more than three days, see Secs. 10-12, 
    infra.)

             Legislative Days and Calendar Days Distinguished

      The duration of a legislative day does not conform to the 24 hours 
  of a calendar day, nor does a legislative day automatically terminate 
  by reason of the arrival of the time for a regularly scheduled meeting 
  of the House. The legislative day continues until terminated by an 
  adjournment, irrespective of the passage of calendar days. 5 Hinds 
  Secs. 6738, 6739. The House has convened and adjourned twice on the 
  same calendar day pursuant to a motion to fix the day to which the 
  House shall adjourn, thereby meeting for two legislative days on the 
  same calendar day. 97-1, Nov. 17, 1981, p 27771; 100-1, Oct. 29, 1987, 
  p 29933. However, a legislative day cannot extend into a new Congress 
  or a new session. 96-1, Jan. 3, 1980, p 37774.


  Sec. 3 . When in Order; Precedence and Privilege of Motion

      The motion to adjourn is a motion of highest privilege (see 5 
  Hinds Sec. 5359; Manual Sec. 783) and is in order whenever the floor 
  can be secured. See 5 Hinds Sec. 5360. Other motions may not intervene 
  between the motion to adjourn and the vote thereon. 5 Hinds Sec. 5361. 
  The motion to adjourn is specifically given precedence over all other 
  secondary motions permitted by Rule XVI clause 4, including the 
  motions to lay on the table, for the previous question, to amend, to 
  refer or to postpone. Manual Sec. 782. The motion to adjourn takes 
  precedence over all other motions because, as Jefferson noted, the 
  House might otherwise be kept sitting against its will and 
  indefinitely. Manual Sec. 439.
      The motion to fix the day and time to which the House shall 
  adjourn is of equal privilege to the simple motion to adjourn but is 
  entertained only at the Speaker's discretion (Manual Sec. 782); the 
  motion to fix the day, if made first, need not give way to the simple 
  motion (5 Hinds Sec. 5381).
      The motion to adjourn may not interrupt a vote being taken in the 
  House. 5 Hinds Sec. 5360. But the motion to adjourn is in order:

     Between the putting of the question on a proposition and the 
         ensuing vote. Manual Sec. 439.
     Between the different methods of voting, as between a vote by 
         division and a vote by yeas and nays. Manual Sec. 439.

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     After a recorded vote is ordered and before the vote begins. 5 
         Hinds Sec. 5366.
     After a vote has been objected to for lack of a quorum. 97-1, 
         Nov. 17, 1981, p 27770.

      The motion to adjourn permitted by Rule XVI clause 4 applies when 
  a question is ``under debate'' (Manual Sec. 782), and is in order when 
  other business is before the House as well. The motion is in order and 
  takes precedence over the motions delineated in Rule XVI clause 4 and:

     The reading of the Journal. 4 Hinds Sec. 2757.
     The Speaker's approval of the Journal. 100-1, Nov. 2, 1987, p 
         30386.
     A motion for a call of the House. 8 Cannon Sec. 2642.
     Questions of privilege. 3 Hinds Sec. 2521.
     Resolutions offered as a question of the privileges of the 
         House. Manual Sec. 661a.
     The consideration of an impeachment proceeding. 91-2, Apr. 15, 
         1970, p 11940.
     A motion to suspend the rules. 8 Cannon Sec. 2823; 102-2, Aug. 
         11, 1992, p ____.
     A motion to reconsider. 5 Hinds Sec. 5605; 96-1, Sept. 20, 
         1979, p 25512.
     A motion to instruct conferees. 96-2, May 29, 1980, p 12717-
         19.
     The filing of a privileged report from a committee. 99-1, Apr. 
         29, 1985, p 9699.
     The consideration of conference reports. 5 Hinds Secs. 6451, 
         6453.
     A report from the Committee of the Whole. 8 Cannon Sec. 2645.
     The consideration of a veto message from the President. 4 
         Hinds Sec. 3523.

                             When Not in Order

      The motion to adjourn does not take precedence and may be ruled 
  out:

     When another Member holds the floor in debate. 5 Hinds 
         Sec. 5360; Manual Sec. 783.
     During time yielded for a parliamentary inquiry. 88-2, June 3, 
         1964, p 12522.
     When the House is voting (5 Hinds Sec. 5360), such as by the 
         yeas and nays or other recorded vote (5 Hinds Sec. 6053).
     Pending a vote pursuant to a special order providing for such 
         vote ``without intervening motion.'' 4 Hinds Secs. 3211, 3212.
     During the presentation of a conference report. 5 Hinds 
         Sec. 6452.
     Pending or during the administration of the oath to a Member. 
         1 Hinds Sec. 622.


[[Page 5]]



      In certain situations, the motion cannot be repeated after one 
  such motion has been negatived. See Sec. 9, infra. Repetition is not 
  permitted:

     Pending consideration of a report from the Committee on Rules, 
         after one motion to adjourn has been negatived. Rule XI clause 
         4(b). 8 Cannon Sec. 2260.
     Pending consideration of a motion to suspend the rules, after 
         one such motion has been acted on. Rule XVI clause 8.


  Sec. 4 . In Committee of the Whole

      The motion to adjourn is not in order after the House has voted to 
  go into the Committee of the Whole. 4 Hinds Sec. 4728; 5 Hinds 
  Sec. 5367. The motion is not in order in Committee of the Whole (4 
  Hinds Sec. 4716), and is not entertained when the Committee of the 
  Whole rises to report proceedings incident to securing a quorum (8 
  Cannon Sec. 2436) or when it rises ``informally'' to receive a 
  message. But the motion to adjourn is permitted when the House is 
  meeting as in the Committee of the Whole. 4 Hinds Sec. 4923.


  Sec. 5 . Who May Offer Motion; Recognition

      The motion to adjourn is generally offered by the Majority Leader 
  or his designee, but the motion can be made by any Member (91-1, Oct. 
  14, 1969, pp 30054-56) including a minority member. 98-1, Nov. 4, 
  1983, p 30946; 98-2, May 23, 1984, p 13960. A Member may move to 
  adjourn whenever he can secure the floor, but he may not move to 
  adjourn while another Member has been recognized for debate. 5 Hinds 
  Secs. 5369, 5370. The motion is not in order where the Member has been 
  yielded to or recognized for a parliamentary inquiry. 8 Cannon 
  Sec. 2646.


  Sec. 6 . Debate on Motion; Amendments

      Debate on the simple motion to adjourn is precluded by Rule XVI 
  clause 4 (Manual Sec. 782). 5 Hinds Sec. 5359. The same rule precludes 
  debate on the motion to fix the day to which the House shall adjourn. 
  Manual Sec. 782. 5 Hinds Secs. 5379, 5380. Debate on resolutions 
  providing for an adjournment, see Sec. 10, infra.
      The simple motion to adjourn is not subject to amendment. Manual 
  Sec. 585. Thus the motion may not be amended by language alluding to 
  the purpose of the adjournment. Manual Sec. 783. Nor may the motion be 
  amended by language specifying the day (5 Hinds Sec. 5360) or hour (5 
  Hinds Sec. 5364) to which adjournment is to be taken. Such amendments 
  are ruled out whenever the House is operating under its customary 
  standing order that fixes

[[Page 6]]

  the daily hour of meeting for each day of the week. Manual Sec. 783. 
  However, the rules permit a separate motion at the Speaker's 
  discretion that when the House adjourns it stand adjourned to a day 
  and time certain (Sec. 2, supra), and this motion is subject to 
  amendment. 5 Hinds Sec. 5754.


  Sec. 7 . Voting

      The vote on a motion to adjourn may be taken by any of the voting 
  methods authorized by the House rules, including a division vote (99-
  1, Dec. 20, 1985, p 38733) or a vote by the yeas and nays. 86-2, June 
  3, 1960, p 11828; 88-2, Feb. 8, 1964, pp 2616, 2639. The adoption of a 
  resolution providing for adjournment sine die on a day certain does 
  not preclude a demand for the yeas and nays on the motion to adjourn 
  on that day. 87-1, Sept. 27, 1961, p 21528. A negative vote on a 
  motion to adjourn is not subject to the motion to reconsider. 5 Hinds 
  Secs. 5620, 5622. See also Reconsideration.


  Sec. 8 . Quorum Requirements

      A quorum is required for a motion to fix the time of adjournment 
  to a day and time certain. 91-1, Oct. 14, 1969, pp 30054-56; 94-1, 
  June 19, 1975, pp 19789, 19790; 94-2, June 22, 1976, p 19755.
      The simple motion to adjourn may be agreed to notwithstanding the 
  absence of a quorum. See Manual Secs. 52, 773. Indeed, no motion is in 
  order in the absence of a quorum except to adjourn or for a call of 
  the House. 4 Hinds Secs. 2950, 2951, 2988; 6 Cannon Secs. 680, 682. 
  The motion to adjourn is in order on failure of a quorum even where 
  the House is operating under a special order requiring the 
  consideration of the pending business. 5 Hinds Sec. 5365.
      Since the motion to adjourn takes precedence of a motion for a 
  call of the House (Sec. 3, supra), where a point of order is made that 
  a quorum is not present and a call of the House is then moved, a 
  Member may immediately move to adjourn, and the Chair may recognize 
  for the higher privileged motion. 88-1, June 12, 1963, p 10739.
      It is not in order to demand an ``automatic'' roll call under Rule 
  XV clause 4 on an affirmative vote on a simple motion to adjourn, 
  since that motion may be agreed to by less than a quorum. 98-1, Nov. 
  4, 1983, p 30946. But a vote by the yeas and nays in such a case would 
  be in order, if demanded by one-fifth of those present, no quorum 
  being required. Manual Secs. 75, 76. Where the vote on an adjournment 
  is decided in the negative, and a point of order that a quorum is not 
  present is sustained, an ``auto-

[[Page 7]]

  matic'' roll call on the motion then occurs under Rule XV clause 4. 
  100-1, Nov. 2, 1987, pp 30386-90. See also Manual Sec. 773.

      Member: I move that the House do now adjourn.
      Speaker: On this vote (by division, or by voice) the noes have it.
      Member: I make a point of order that a quorum is not present and 
    (pursuant to clause 4 of Rule XV) I object to the vote on that 
    ground.
      Speaker: A quorum is not present, and the yeas and nays are 
    ordered. Members will record their votes by electronic device.

      While a motion to adjourn is in order pending a point of order 
  that a quorum is not present, it is not entertained after the Clerk 
  has commenced to call the roll. 86-2, June 3, 1960, p 11828. After the 
  call has been completed, the motion to adjourn is again in order, and 
  it is not necessary that the Chair announce that a quorum has failed 
  to respond before entertaining the motion. 91-1, Oct. 14, 1969, pp 
  30054-56.


  Sec. 9 . Dilatory Motions; Repetition of Motion

      The House rule that requires the Speaker to refuse to entertain 
  dilatory motions (Rule XVI clause 10) is applicable to motions to 
  adjourn. Manual Sec. 803. Although of the highest privilege, the 
  motion to adjourn is not in order when offered for purposes of delay 
  or obstruction. 5 Hinds Secs. 5721, 5731; 8 Cannon Secs. 2796, 2813. 
  On one occasion, a point of order was sustained against the motion 
  where a House rule gave the Speaker the discretion to recognize for a 
  motion to adjourn. 8 Cannon Sec. 2822.
      The motion to adjourn, once offered, may ordinarily be repeated, 
  but not until after intervening business (5 Hinds Sec. 5373; 8 Cannon 
  Sec. 2814), debate (5 Hinds Sec. 5374), a decision of the Chair on a 
  question of order (5 Hinds Sec. 5378), or the ordering of the yeas and 
  nays (5 Hinds Secs. 5376, 5377). Manual Sec. 783.
      In some cases the rules specifically provide that only one motion 
  to adjourn is to be permitted; this restriction applies during the 
  consideration of reports from the Rules Committee (Manual Sec. 729a) 
  and during the consideration of motions to suspend the rules (Manual 
  Sec. 801). In such cases the motion to adjourn--once having been 
  rejected--may not again be entertained until the pending matter has 
  been fully disposed of. 5 Hinds Secs. 5740, 5741. However, if a motion 
  to adjourn is made and rejected, and a quorum then fails, a second 
  motion to adjourn is admitted. 5 Hinds Secs. 5744-5746.

[[Page 8]]

                 B. Adjournments for More Than Three Days


  Sec. 10 . In General; Resolutions

                            House-Senate Action

      Under the Constitution, neither House can adjourn for more than 
  three days without the consent of the other. U.S. Const. art. I 
  Sec. 5. The consent of both Houses is required even though the 
  adjournment is sought by only one of them. See 91-1, Nov. 6, 1969, pp 
  33345 et seq.; 94-2, Sept. 1, 1976, p 28860. In calculating the three 
  days, either the day of adjourning or the day of meeting (excluding 
  Sundays) must be taken into the count. Manual Sec. 83; 5 Hinds 
  Sec. 6673. The House can adjourn by motion from Thursday to Monday 
  (since Sunday is a dies non); but it cannot adjourn from Monday to 
  Friday without the Senate's assent.
      Adjournments for more than three days are provided for by 
  concurrent resolution. 88-2, Aug. 21, 1964, p 20813; 90-2, Apr. 10, 
  1968, p 9621; 101-2, May 24, 1990, p ____. The resolution may provide 
  for the adjournment of one House (100-1, Aug. 7, 1987, p 23072) or for 
  the adjournment of both Houses (100-1, Apr. 9, 1987, p 8567). Senate 
  concurrent resolutions for adjournment are laid before the House by 
  the Speaker as privileged. 101-1, Mar. 16, 1989, p 4480. Such 
  resolutions, whether originating in the House or Senate, are not 
  debatable. Manual Sec. 84. They require a quorum for adoption.
      The concurrent resolution is generally offered by the Majority 
  Leader or his designee:

      Member: Mr. Speaker, I offer a privileged concurrent resolution 
    (H. Con. Res. ____) providing for an adjournment of the House from 
    __________ to __________ and a recess or adjournment of the Senate 
    from __________ to __________, and ask for its immediate 
    consideration.

      The resolution may set forth the times at which the adjournment is 
  to begin and end, but frequently the resolution will provide optional 
  dates so as to give each House some discretion in determining the 
  exact period of adjournment. 100-2, July 13, 1988, p 18069; 101-2, May 
  24, 1990, p ____. Sometimes the resolution has provided for a certain 
  period of adjournment of the House and a different period for the 
  Senate. Thus the resolution may provide for an adjournment of the 
  House for more than three days to a day certain, and a recess of the 
  Senate for more than three days to a day certain as subsequently 
  determined by the Senate before recessing. 95-2, Mar. 22, 1978, p 
  7942. As to the authority of the President to determine the period

[[Page 9]]

  of adjournment when the two Houses are unable to agree with respect 
  thereto, see U.S. Const. art. II Sec. 3. Convening, see Assembly of 
  Congress.

                 Conditional Adjournments; Recall Provisos

      An adjournment resolution may include various conditions or 
  provisos, such as that the Senate shall adjourn pursuant to the 
  resolution after it has disposed of a certain bill. 95-2, June 29, 
  1978, p 19466.
      A concurrent resolution adjourning both Houses for more than three 
  days may include a proviso that the House is subject to recall by the 
  Speaker if legislative expediency so warrants. 91-2, July 20, 1970, p 
  24978. More frequently, recall authority is given to the Speaker and 
  to the Majority Leader of the Senate, acting jointly, to reassemble 
  the Members whenever the public interest warrants. See 101-1, June 23, 
  1989, p 13271; 101-2, Apr. 4, 1990, p ____. The authority may be 
  vested in other members of the leadership in the two bodies.

                            Amendments; Voting

      Adjournment resolutions originating in one House are subject to 
  amendment by the other. 95-2, June 29, 1978, p 19466; 95-2, Aug. 17, 
  1978, p 26794. Such an amendment is not in order after the previous 
  question is ordered (except pursuant to a motion to commit with 
  instructions). 96-2, Oct. 1, 1980, p 28576. Voting on the motion may 
  be by voice, division, or any of the methods of voting established by 
  Rule I clause 5 or by the Constitution (art. I Sec. 5).


  Sec. 11 . Privilege of Resolution

      A concurrent resolution providing for an adjournment of the House 
  or of the Senate (or of both Houses) is called up as privileged. 5 
  Hinds Sec. 6701; 92-1, Oct. 18, 1971, p 36492; 93-1, Oct. 2, 1973, p 
  32371; 93-2, June 27, 1974, p 21632. The resolution is privileged even 
  though it provides for an adjournment of the two Houses to different 
  days certain. 93-1, Feb. 8, 1973, p 3908; 93-2, Apr. 11, 1974, p 
  10775. An adjournment resolution remains privileged despite its 
  inclusion of additional matter so long as such additional matter would 
  be privileged in its own right (e.g., a declaration asserted as a 
  question of the privileges of the House relating to the ability of the 
  House to receive veto messages during the adjournment). 101-1, Nov. 
  21, 1989, p ____. An adjournment resolution also establishing an order 
  of business for the following session of the Congress was not 
  considered privileged. 102-1, Nov. 26, 1991, p ____.
      Amendments to adjournment resolutions are called up as privileged. 
  97-2, Feb. 10, 1982, p 1471.

[[Page 10]]

      A House concurrent resolution providing for an adjournment may 
  lose its privileged status if the House is not in compliance with 
  those provisions of the Congressional Budget Act [Secs. 309, 310(f)] 
  precluding such resolutions until the House has approved its regular 
  appropriations bills and completed action on any required 
  reconciliation legislation. See 100-1, July 9, 1987, p 19131. However, 
  these provisions of the Act may be waived by unanimous consent. 99-2, 
  June 19, 1986, p 14644; 101-1, June 23, 1989, p 13271.


  Sec. 12 . August Recess

      The Legislative Reorganization Act of 1970 provides that unless 
  otherwise provided by Congress, the two Houses shall either (a) 
  adjourn sine die by July 31 of each year, or (b) in odd-numbered 
  years, adjourn in August (for a specified period) pursuant to a 
  concurrent resolution adopted by roll call vote in each House. 2 USC 
  Sec. 198. The House has not adjourned sine die by July 31 under this 
  Act for many years, and the provisions in the Act to that effect have 
  been routinely waived by concurrent resolution, thereby permitting the 
  two Houses to continue in session. 98-2, July 26, 1984, p 21339. See 
  also 97-2, July 29, 1982, p 18563. In the absence of such a 
  resolution, a simple motion to adjourn, made at the conclusion of 
  business on July 31, is in order and would permit the House to meet on 
  the following day. Manual Sec. 948.
      The House and Senate may adopt a concurrent resolution adjourning 
  in August in an odd-numbered year as specified by the Act. 92-1, July 
  30, 1971, p 28332. Such a resolution is called up as privileged, 
  requires a yea and nay vote for adoption, and is not debatable. 102-1, 
  July 31, 1991, p ____. Concurrent resolutions waiving the provisions 
  of the Act are not privileged and are called up by unanimous consent. 
  100-1, July 29, 1987, p 21459.


                          C. Adjournment Sine Die


  Sec. 13 . In General; Resolutions

      Adjournments sine die (literally, without day) are used to 
  terminate the sessions of a Congress, and are provided for by 
  concurrent resolution. A session terminates automatically at the end 
  of the constitutional term. See termination of 96-1, Jan. 3, 1980, p 
  37774. Such adjournments are generally taken in October in even-
  numbered years (election years) and usually somewhat later in odd-
  numbered years. Adjournment resolutions may be called

[[Page 11]]

  up from the floor as privileged. 5 Hinds Sec. 6698; 100-1, Dec. 21, 
  1987, p 37618; 100-2, Oct. 21, 1988, p 33319. A Member, usually the 
  Majority Leader, rises:

      Mr. Speaker, I offer a privileged concurrent resolution (H. Con. 
    Res. ____) and ask for its immediate consideration.
      Resolved by the House of Representatives (the Senate concurring), 
    That the two Houses of Congress shall adjourn on (the legislative 
    day of) Tuesday, Dec. ____, 19 ____, and that when they adjourn on 
    said day, they stand adjourned sine die.

      The resolution is not debatable (8 Cannon Secs. 3371-3374), though 
  a Member may be recognized during its consideration under a 
  reservation of objection to a unanimous-consent request. 101-2, Oct. 
  27, 1990, p ____. It requires a quorum for adoption. 92-2, Oct. 18, 
  1972, p 37061.
      A sine die resolution normally specifies the particular day of 
  adjournment, but may specify two or more optional dates (98-1, Nov. 
  16, 1983, p 33123), or a legislative day if the final day is expected 
  to last beyond midnight. Sine die resolutions may be amended to 
  provide for an adjournment on a date other than that specified. 98-2, 
  Oct. 11, 1984, p 32314. The resolution need not specify the date of 
  convening because, under section 2 of the 20th amendment to the U.S. 
  Constitution (Manual Sec. 242), a regular session of a Congress 
  automatically begins at noon on January 3 of every year unless 
  Congress sets a different date by law. 96-2, Jan. 3, 1980, p 3.
      The Committee on Rules has jurisdiction of matters relative to 
  final adjournment of Congress [clause 1(a)(3) of Rule X]. Manual 
  Sec. 948.
      The time of adjournment sine die having been fixed by concurrent 
  resolution, the House may not finally adjourn before that time. 5 
  Hinds Sec. 6714. But sine die resolutions may be recalled prior to 
  action thereon by the other House (5 Hinds Sec. 6699) and are subject 
  to rescission by a subsequent concurrent resolution (5 Hinds 
  Sec. 6700). A resolution rescinding an order for adjournment sine die 
  is open to amendment and an amendment assigning a new date is germane. 
  5 Hinds Sec. 5920. Waiver of statutory provision as to adjournment 
  sine die on July 31, see Sec. 12, supra.
      Under the current practice, sine die adjournment resolutions 
  usually contain House-Senate leadership recall authority. Recall 
  authority generally, see Sec. 10, supra.
      The House customarily authorizes the Speaker to appoint a 
  committee to notify the President of the completion of business and 
  the intention of the two Houses to adjourn sine die unless the 
  President has some further communication to make. 100-1, Dec. 21, 
  1987, p 37618; 92-2, Oct. 18, 1972, p 37051. This committee is usually 
  composed of the Majority and Mi-

[[Page 12]]

  nority Leaders of the House, and joins a similar committee appointed 
  by the Senate. 93-2, Dec. 20, 1974, p 41855.


  Sec. 14 . Procedure at Adjournment; Motions

      The House may adjourn at the time specified in the adjournment 
  resolution even though other business, such as a roll call, may be 
  pending. 5 Hinds Secs. 6325, 6719, 6720. Adjournment sine die is in 
  order notwithstanding the absence of a quorum if both Houses have 
  adopted a concurrent resolution providing for sine die adjournment on 
  that day. 5 Hinds Sec. 6721; Manual Sec. 55.
      The time for adjournment specified in the resolution having 
  arrived, the motion to adjourn is made by the Majority Leader or his 
  designee (101-1, Nov. 21, 1989, p ____):

      Mr. Speaker, in accordance with House Concurrent Resolution ____, 
    I move that the House do now adjourn.

      The yeas and nays may be ordered on this motion. The adoption of a 
  concurrent resolution providing for adjournment sine die on a day 
  certain does not preclude a demand for the yeas and nays on the motion 
  to adjourn on that day. 87-1, Sept. 27 [Legislative Day, Sept. 25], 
  1961, p 21528.



[[Page 13]]

 
                                AMENDMENTS

              A. Amendments Defined and Distinguished; Forms

  Sec.  1. In General; Formal Requisites
  Sec.  2. Perfecting Amendments
  Sec.  3. Motions to Insert
  Sec.  4. Motions to Strike and Insert
  Sec.  5. Motions to Strike
  Sec.  6. Substitute Amendments
  Sec.  7. Amendments in Nature of a Substitute
  Sec.  8. Pro Forma Amendments
  Sec.  9. Precedence of Motion Generally
  Sec. 10. Amending Other Motions
  Sec. 11. Effect of Special Rule
  Sec. 12. -- Amendments Printed in the Record

              B. Permissible Pending Amendments

  Sec. 13. Generally; The Stages of Amendment
  Sec. 14. Amendments in the Third Degree

              C. When to Offer Amendment; Reading for Amendment

  Sec. 15. In General; Reading by the Clerk
  Sec. 16. Amendments to Text Passed in the Reading
  Sec. 17. Amendments to Text Not Yet Read; Amendments En Bloc
  Sec. 18. Amendments to Bills Considered as Read and Open to Amendment
  Sec. 19. Amendments in the Nature of a Substitute
  Sec. 20. Recognition to Offer Amendments; Priority

              D. Offering Particular Kinds of Amendments; Precedence and 
                 Priorities

  Sec. 21. Introductory; Perfecting Amendments
  Sec. 22. Motions to Strike
  Sec. 23. Motions to Strike Out and Insert
  Sec. 24. Substitute Amendments
  Sec. 25. Offering Amendments During Yielded Time
  Sec. 26. Effect of Previous Question; Expiration of Time for Debate

[[Page 14]]

              E. Consideration and Voting

  Sec. 27. In General; Reading of Amendment
  Sec. 28. Order of Consideration Generally
  Sec. 29. Committee Amendments
  Sec. 30. Amendments En Bloc; Use of Special Rules
  Sec. 31. Perfecting Amendments; Motions to Strike
  Sec. 32. Substituting Amendments
  Sec. 33. Points of Order
  Sec. 34. -- Timeliness
  Sec. 35. Debate on Amendments
  Sec. 36. Withdrawal of Amendment
  Sec. 37. Modification of Amendment

              F. Effect of Adoption or Rejection; Changes After Adoption

  Sec. 38. In General; Effect of Adoption of Perfecting Amendment
  Sec. 39. Adoption of Amendment as Precluding Motions to Strike
  Sec. 40. Effect of Adoption of Motions to Strike
  Sec. 41. Adoption of Amendment in Nature of Substitute
  Sec. 42. Amendments Pertaining to Monetary Figures
  Sec. 43. Effecting Changes by Unanimous Consent
  Sec. 44. Amendments Previously Considered and Rejected

              G. House Consideration of Amendments Reported From 
                 Committee of the Whole

  Sec. 45. In General; Voting
  Sec. 46. Effect of Rejection of Amendment
  Sec. 47. Motions to Recommit With Instructions Pertaining to 
  Amendments

              H. Amendments to Titles and Preambles

  Sec. 48. In General

              I. Amendments Containing Unfunded Mandates

  Sec. 49. In General
        Research References
          5 Hinds Secs. 5753-5800

[[Page 15]]

          8 Cannon Secs. 2824-2907a
          9 Deschler Ch 27
          Manual Secs. 413, 456, 469, 775, 777, 782, 793, 822, 823, 825, 
            826, 854, 870, 872-875


              A. Amendments Defined and Distinguished; Forms


  Sec. 1 . In General; Formal Requisites

                                 Generally

      The four forms of amendment are specified by Rule XIX. They are:

     The amendment to the pending proposition
     Amendments to the amendment
     Substitute amendments
     Amendments to the substitute

      An amendment to a pending amendment is in order as an amendment in 
  the second degree, as is an amendment to a pending substitute. 
  Amendments in the third degree are not in order. Sec. 14, infra.
      The amendment to the original text must, of course, be offered 
  first, and generally only one amendment to the text may be pending at 
  any one time. 5 Hinds Sec. 5755; Deschler Ch 27 Sec. 1. Once that 
  amendment is offered, however, the other three forms of amendment may 
  be offered and all four amendments may be pending at one time. 5 Hinds 
  Secs. 5753, 5785; 8 Cannon Secs. 2883, 2887; Deschler Ch 27 Sec. 1. 
  See also Sec. 13, infra.
      Recognition for the purpose of offering amendments is within the 
  discretion of the Chair. See Sec. 20, infra. A Member may offer an 
  amendment in his own name at the request of another Member, but he may 
  not offer it in the other Member's name. Deschler Ch 27 Sec. 1.11. And 
  he may not offer an amendment to his own amendment; an amendment once 
  offered may not be modified by its proponent except by unanimous 
  consent. Sec. 37, infra.

               Formal Requirements; Written or Oral Motions

      Pursuant to the House rules (Rule XVI clause 1), the Chair or any 
  Member may require that an amendment be reduced to writing before 
  being offered. Deschler Ch 27 Sec. 1.1. In Committee of the Whole, the 
  Clerk transmits copies of offered amendments to the majority and the 
  minority tables in accordance with the House rules (Rule XXIII clause 
  5(a)), although the failure of the Clerk to promptly transmit such 
  copies is not the basis for a point of order against the amendment. 
  Deschler Ch 27 Sec. 22.11.

[[Page 16]]

      An amendment must contain instructions to the Clerk as to the 
  portion of the bill it seeks to amend. Deschler Ch 27 Sec. 1.28. 
  Similarly, an amendment to an amendment should specify and identify 
  the text to be amended. Amendments to a substitute should be drafted 
  to the proper page and line number of the substitute rather than to 
  comparable provisions of the original text. Deschler Ch 27 Secs. 1.9, 
  1.10. A Member who intends to propose such an amendment may ascertain 
  the appropriate page and line number by inspecting the pending 
  amendment at the Clerk's desk or obtaining a copy thereof at the 
  committee tables. Deschler Ch 27 Sec. 22.10.
      The Chair may examine the form of an offered amendment to 
  determine its propriety and may rule it out of order even where no 
  point of order is raised from the floor, and debate has begun. 
  Deschler Ch 27 Sec. 1.39. However, an ambiguity in the wording of an 
  amendment, or a question as to the propriety of draftsmanship of an 
  amendment to accomplish a particular legislative purpose, should not 
  be questioned on a point of order; that is an issue to be disposed of 
  on the merits. Deschler Ch 27 Sec. 1.31.

                             Order or Sequence

      A distinction should be made between the order or sequence of 
  voting on amendments and the sequence in which they may be offered. 
  Amendments must be voted on in a definite sequence. The amendment to 
  the text is voted on last, thereby giving the Members the fullest 
  opportunity to perfect it before addressing its adoption. (Order of 
  voting on amendments, see Sec. 28, infra.) But this sequence is 
  reversed with respect to the offering of amendments, since amendments 
  to the text are proposed before the offering of amendments to the 
  amendment, and substitute amendments must precede the offering of 
  amendments to the substitute. Secs. 21 et seq., infra. Nevertheless, 
  considerable latitude is permitted in the order of offering amending 
  propositions. Thus, in one instance in 1975, five amendments were 
  offered in the following order: (1) an amendment in the nature of a 
  substitute for the pending text, (2) a substitute therefor, (3) 
  perfecting amendments to the original text, (4) an amendment to the 
  substitute, and (5) an amendment to the amendment in the nature of a 
  substitute. Deschler Ch 27 Sec. 5.28.

                          Effect of Special Rule

      Bills are frequently considered pursuant to the terms of a special 
  rule or resolution reported from the Committee on Rules which 
  specifies whether amendments may be offered to the bill, the kind and 
  number of amendments that may be offered, whether they can be amended, 
  and the order of consideration and voting thereon. Sec. 11, infra. 
  Such special rules are themselves subject to germane amendment while 
  the rule is pending if the Member in

[[Page 17]]

  control yields for such amendment or if he offers the amendment 
  himself, or if the previous question is voted down. Deschler Ch 27 
  Sec. 3.1.


  Sec. 2 . Perfecting Amendments

                                 Generally

      Generally, the House follows the Jeffersonian principle that 
  language should be perfected before taking other action on it. Manual 
  Sec. 456. The term ``perfecting amendment'' includes amendments to 
  insert as well as amendments to strike out and insert. Deschler Ch 27 
  Sec. 15. And a perfecting amendment may take the form of a motion to 
  strike out a lesser portion of the words encompassed in a pending 
  motion to strike. Deschler Ch 27 Sec. 15.17. There are no degrees of 
  preference as between perfecting amendments. Deschler Ch 27 Sec. 5.9.
      A perfecting amendment may be offered to the text of a bill or to 
  an amendment to a bill. Once a perfecting amendment to an amendment is 
  disposed of, the original amendment, as amended or not, remains open 
  to further perfecting amendment, and all such amendments are disposed 
  of prior to voting on substitutes. Deschler Ch 27 Sec. 23.9.

              Perfecting Amendments and the Motion to Strike

      Perfecting amendments to a section or paragraph may be offered--
  one at a time--while a motion to strike out the section or paragraph 
  is pending, and are first disposed of. Deschler Ch 27 Sec. 15.15. 
  Indeed, all perfecting amendments to a section of a bill must be 
  disposed of prior to the vote recurring on a pending motion to strike 
  out the section. Deschler Ch 27 Sec. 24.2. And if the perfecting 
  amendment changes all the words proposed to be stricken out, the 
  motion to strike necessarily falls and is not voted on. Deschler Ch 27 
  Sec. 24.15.


  Sec. 3 . Motions to Insert

      A motion to insert may be pending at the same time as a motion to 
  strike, with the vote taken first on the motion to insert, then on the 
  motion to strike. They need not be offered in the order in which they 
  are voted on. Deschler Ch 27 Sec. 15.1.
      It is not in order to reinsert the precise language stricken by 
  amendment. Deschler Ch 27 Sec. 31.4. But an amendment similar to the 
  stricken language may be offered if germane to the pending portion of 
  the bill. Deschler Ch 27 Sec. 31.6.
      After an amendment to insert has been agreed to, the matter 
  inserted ordinarily may not then be amended (5 Hinds Sec. 5761; 8 
  Cannon Sec. 2852) in

[[Page 18]]

  any way that would solely change its text. However, an amendment may 
  be added at the end of the inserted material. 5 Hinds Sec. 5759; 
  Manual Sec. 469. See Sec. 38, infra.


  Sec. 4 . Motions to Strike and Insert

      A motion to strike out and insert is usually a perfecting 
  amendment (Deschler Ch 27 Sec. 16), and is not divisible. Rule XVI 
  clause 7. A motion to strike out and insert may be offered as a 
  perfecting amendment to a pending section of a bill, and is voted on 
  before a pending motion to strike that section. But, even if agreed 
  to, the perfected language is subject to being eliminated by 
  subsequent adoption of the motion to strike out in cases where the 
  perfecting amendment has not so changed the text as to render the 
  original motion to strike meaningless. Deschler Ch 27 Sec. 17.12 
  (note).


  Sec. 5 . Motions to Strike

      A motion proposing to strike out a section of a bill is in order 
  after perfecting amendments to the section are disposed of. If offered 
  first, the motion to strike is held in abeyance until perfecting 
  amendments have been disposed of. Sec. 21, infra. A motion proposing 
  to strike out a section which has been perfected, but not changed in 
  its entirety, is in order. Deschler Ch 27 Sec. 17.29. The motion to 
  strike, if adopted, strikes the entire section including provisions 
  added as perfecting amendments to that section. Deschler Ch 27 
  Sec. 31.1.
      A motion to strike out the enacting clause of a bill is a 
  parliamentary motion used for rejecting the bill. Deschler Ch 27 
  Sec. 15. It takes precedence over a motion to amend the bill. Rule 
  XXIII clause 7. Manual Sec. 875.


  Sec. 6 . Substitute Amendments

      A ``substitute'' is a substitute for an amendment and not a 
  substitute for the original text. Deschler Ch 27 Sec. 18.1. See also 8 
  Cannon Sec. 2883. If a substitute amendment is adopted, the question 
  recurs on the amendment as amended by the substitute; but if the 
  substitute is rejected, the amendment is open to further amendment. 
  Deschler Ch 27 Secs. 25.1, 32.18. Substitute amendments are under Rule 
  XIX first degree amendments and as such are themselves subject to 
  amendment. Deschler Ch 27 Sec. 15.29.
      A substitute for an amendment is in order so long as it is germane 
  thereto and proposes to make some change in the original language 
  being amended or in the amendment itself. 93-2, July 22, 1974, pp 
  24450, 24451, 24453. To qualify as a substitute, however, an amendment 
  must treat in the same manner the same subject carried by the 
  amendment for which it is of-

[[Page 19]]

  fered. 8 Cannon Sec. 2879. Thus, a proposition not only inserting 
  similar language but also striking out original text from the bill may 
  be ruled out of order as a substitute--if it has the effect of 
  broadening the scope of the pending amendment in violation of the 
  germaneness rule. Deschler Ch 27 Sec. 18.6.
      A substitute for a motion to strike out is not in order. Deschler 
  Ch 27 Sec. 18.8. Nor is a motion to strike out in order as a 
  substitute for a pending motion to strike out and insert (Deschler Ch 
  27 Sec. 17.18) or for a perfecting amendment to text generally 
  (Deschler Ch 27 Sec. 17.17).
      A proposition contained in a substitute may sometimes be reoffered 
  in a different form after it has failed of approval. 8 Cannon 
  Sec. 2843.
      A Member may not offer a substitute for his own amendment to a 
  bill. Deschler Ch 27 Sec. 18.22.


  Sec. 7 . Amendments in Nature of a Substitute

      An amendment in the nature of a substitute is an amendment which 
  is offered to the text of a bill; it generally replaces the entire 
  bill. It should be distinguished from a substitute amendment, which is 
  merely a substitute for another amendment that has been offered. 
  Deschler Ch 27 Sec. 12.
      An amendment in the nature of a substitute takes the form of a 
  motion to strike out and insert. But the term ``amendment in the 
  nature of a substitute'' properly applies only to those motions which 
  propose to strike out an entire pending bill, though it is sometimes 
  used, less precisely, to describe motions proposing to strike out an 
  entire pending section or title of text and to insert new matter. It 
  should not be used to describe those motions to strike out and insert 
  which are properly characterized as ``perfecting amendments'' and 
  which go only to a portion of the pending text. Deschler Ch 27 
  Sec. 25. An amendment in the nature of a substitute for a pending bill 
  may be offered after the first section is read and is then open to 
  amendment in its entirety. Deschler Ch 27 Sec. 12.
      An amendment in the nature of a substitute for a bill may be 
  proposed before perfecting amendments to the pending portion of the 
  original text have been offered, but may not be voted on until after 
  such perfecting amendments have been disposed of. 8 Cannon Sec. 2896; 
  Deschler Ch 27 Sec. 25.
      Where an amendment in the nature of a substitute for a bill has 
  been adopted in Committee of the Whole, the stage of amendment is 
  passed and further amendments, including pro forma amendments for 
  debate, are not in order except by unanimous consent. Deschler Ch 27 
  Sec. 32.6. See also Manual Sec. 823.

[[Page 20]]

  Sec. 8 . Pro Forma Amendments

      Pro forma amendments have been in use during debate under the 
  five-minute rule since as early as 1868. 5 Hinds Sec. 5778. A pro 
  forma amendment is a procedural formality--a parliamentary device used 
  to obtain recognition during consideration of a bill being read for 
  amendment. Such an amendment does not contemplate any actual change in 
  the bill. While pro forma amendments are phrased to make some 
  superficial change in the language under consideration, such as ``to 
  strike the last word,'' the underlying purpose is merely to obtain 
  time for debate which might otherwise be prohibited because of the 
  time limitations of the five-minute rule (Rule XXIII clause 5). 
  Deschler Ch 27 Sec. 2. Nevertheless, a pro forma amendment must be 
  voted on unless withdrawn. 8 Cannon Sec. 2874; Manual Sec. 873a.
      A Member who has occupied five minutes on a pro forma amendment:

     May not lengthen this time by making another pro forma 
         amendment. 5 Hinds Sec. 5222; 8 Cannon Sec. 2560.
     May not extend this time by offering a substantive amendment 
         while other Members are seeking recognition. Manual Sec. 873a.
     May rise in opposition to a pro forma amendment offered by 
         another Member when recognized for that purpose. Deschler Ch 27 
         Secs. 2, 2.21 (note).

      Debate on a pro forma amendment must be confined to the portion of 
  the bill to which the pro forma amendment has been offered. Deschler 
  Ch 27 Secs. 2.5, 28.38. If the point of order is raised, a Member may 
  not under a pro forma amendment discuss a section of the bill not 
  immediately pending. Deschler Ch 27 Sec. 2.4.
      A Member recognized to debate a pro forma amendment may not 
  allocate or reserve time. 103-2, July 13, 1994, p ____.


  Sec. 9 . Precedence of Motion Generally

                                In General

      A House rule specifies the motions that are in order when a 
  question is under debate in the House and assigns precedence to those 
  motions in the order named in the rule. The motion to amend is listed 
  in the fourth position, taking precedence over the motion to postpone 
  indefinitely. Under the rule, the motion to amend yields to the motion 
  to adjourn, to lay on the table, for the previous question, to 
  postpone to a day certain, and to refer. Rule XVI clause 4. Manual 
  Sec. 782. Since the motion to refer takes precedence over the motion 
  to amend (5 Hinds Sec. 5555), the motion to amend is not entertained 
  while the motion to refer is pending (6 Cannon Sec. 373).

[[Page 21]]

                    Explaining or Opposing an Amendment

      In Committee of the Whole, under the five-minute rule where an 
  amendment is offered, the initial 10 minutes of debate--five for the 
  proponent to explain the amendment, five for a speech in opposition--
  takes precedence over a motion to amend it. 4 Hinds Sec. 4751.

                           The Previous Question

      In the House, a motion for the previous question takes precedence 
  over a motion to amend. 8 Cannon Sec. 2660; 90-1, Mar. 1, 1967, p 
  5038; 92-1, Nov. 8, 1971, p 39944; 96-1, July 24, 1979, p 20385. See 
  also Manual Sec. 825. Thus, the previous question may be moved pending 
  the offering of an amendment by a Member to whom the floor was yielded 
  for that purpose, and the previous question must be voted down before 
  that Member is recognized to offer the amendment. 92-1, Nov. 8, 1971, 
  p 39944. The previous question having been voted down, an amendment 
  may be offered, but if the amendment is ruled out on a point of order, 
  the previous question may again be moved and takes precedence over the 
  offering of another amendment. 91-1, Jan. 3, 1969, pp 25-27.
      Once the proponent of an amendment has been recognized for debate, 
  he may not be taken from the floor by another Member seeking to move 
  the previous question. 90-2, May 8, 1968, p 12262. And a Member 
  recognized to debate a pro forma amendment may not be taken from the 
  floor by the motion for the previous question. 92-2, May 8, 1972, pp 
  16154, 16157.

                 The Motion to Strike the Enacting Clause

      The motion to strike out the enacting clause takes precedence over 
  a motion to amend (8 Cannon Secs. 2622, 2628) and may be offered while 
  an amendment is pending (5 Hinds Sec. 5328; 8 Cannon Sec. 2624). See 
  also 94-1, Apr. 23, 1975, p 11513. However, the rejection of a 
  preferential motion to strike the enacting clause permits the offering 
  of proper amendments and this is so notwithstanding expiration of all 
  debate time on the bill. 98-1, July 29, 1983, pp 21675, 21676. In the 
  House, the motion is in the following form:

      Mr.  __________ moves to strike out the enacting clause (or the 
    resolving clause) of the bill.

      In the Committee of the Whole, the motion must be phrased as a 
  recommendation, since only the House can directly reach the enacting 
  clause.

      Mr.  __________ moves that the Committee rise and report the bill 
    back to the House with the recommendation that the enacting clause 
    be stricken.


[[Page 22]]



      In the Committee of the Whole, the motion is subject to debate 
  under the five-minute rule. Only two five-minute speeches are in 
  order, one in favor of, one in opposition to, the motion. While the 
  motion to strike out the enacting clause is pending, not even the pro 
  forma amendment to strike out the last word is entertained. 8 Cannon 
  Sec. 2627.
      For general discussion of the motion to strike the enacting 
  clause, see Committee of the Whole.

                            The Motion to Rise

      With one exception, in Committee of the Whole a motion to amend a 
  bill has precedence over a motion to rise and report it to the House 
  (4 Hinds Secs. 4752-4758), but yields to the simple motion that the 
  Committee rise (4 Hinds Sec. 4770). Where a general appropriation bill 
  has been completely read for amendment, a motion to rise and report, 
  if offered by the Majority Leader (or designee), takes precedence over 
  an amendment proposing a limitation. See Rule XXI clause 2(d). Manual 
  Sec. 834d.
      Precedence as between particular forms of amendment, see Sec. 21, 
  infra.


  Sec. 10 . Amending Other Motions

                                 Generally

      The motion to amend may be applied, with certain exceptions, to 
  other motions that are in order in the House or the Committee of the 
  Whole. 5 Hinds Sec. 5754; Manual Sec. 826. Unless precluded by the 
  operation of the previous question, the motion to amend may be applied 
  to a motion:

     To postpone (5 Hinds Sec. 5754; 8 Cannon Sec. 2824).
     To amend (5 Hinds Sec. 5754).
     To refer (5 Hinds Sec. 5754).
     To recommit (5 Hinds Sec. 5521; 8 Cannon Secs. 2695, 2738, 
         2762). See also 91-1, Aug. 11, 1969, p 23143.
     To recommit with instructions (8 Cannon Secs. 2698, 2699, 
         2712, 2759).
     For a recess (5 Hinds Sec. 5754).
     To fix the day to which to adjourn (5 Hinds Sec. 5383).
     To instruct conferees (8 Cannon Secs. 3231, 3240; 90-2, May 
         29, 1968, p 15499).
     To change the reference of a public bill if the amendment is 
         authorized by the appropriate committee (7 Cannon Sec. 2127; 
         Manual Sec. 854. But see 4 Hinds Sec. 4378).

                            When Not Permitted

      A motion to amend may not be applied to a motion:

     For the previous question (Manual Sec. 452).
     To table (5 Hinds Sec. 5754).

[[Page 23]]

     To suspend the rules (5 Hinds Secs. 5405, 6858, 6859), 
         although a motion to suspend the rules and pass a measure may 
         include a proposed amendment to the measure (99-1, June 4, 
         1985, p 13986).
     To adjourn (5 Hinds Sec. 5754), as by specifying a particular 
         day (5 Hinds Sec. 5360).
     To go into the Committee of the Whole to consider a privileged 
         bill (6 Cannon Secs. 52, 724; Manual Sec. 826).
     To take up a designated bill in the Committee of the Whole (8 
         Cannon Sec. 2865).
     To strike out the enacting clause (8 Cannon Sec. 2626).

      An amendment may not be offered to a motion against which a point 
  of order is pending. See Points of Order. For discussion of the 
  general rule that the motion to amend is not in order on questions on 
  which the previous question is operating, see Previous Question. 
  Amendments to conference reports, see Conferences Between the Houses.


  Sec. 11 . Effect of Special Rule

      Bills are frequently considered pursuant to the terms of a special 
  rule or resolution reported from the Committee on Rules which 
  specifies whether amendments may be offered to the bill, the kind and 
  number of amendments that may be offered, and the order of 
  consideration and voting thereon. Deschler Ch 27 Sec. 3. The Committee 
  on Rules may report a resolution providing procedures to govern the 
  consideration of a measure even where the measure is already pending 
  in Committee of the Whole. Deschler Ch 27 Sec. 3.77. See also Special 
  Rules.

      Legislation may be considered:

     Under an ``open'' rule, which places no restrictions on 
         amendment.
     Under a ``closed'' rule, which limits amendments, e.g., to 
         those proposed by the reporting committee.
     Under a rule that is ``open in part'' or ``closed in part.''
     Under a ``modified open or closed'' rule combining features of 
         the foregoing.

      Where a bill is being considered in the Committee of the Whole 
  under an ``open'' rule, germane amendments to the bill are in order 
  under the standing rules of the House. Deschler Ch 27 Sec. 3.7. Where 
  a bill is being considered under a ``closed'' rule permitting only 
  committee amendments and no amendments thereto, even pro forma 
  amendments are not in order. Deschler Ch 27 Sec. 3.34.
      A ``modified closed rule'' sometimes permits only designated 
  amendments (93-1, Dec. 10, 1973, p 40489 [H. Res. 657]); or it may 
  prohibit the consideration of amendments relating to a particular 
  subject, such as amend-

[[Page 24]]

  ments restricting use of funds for abortions (95-2, June 7, 1978, p 
  16657 [H. Res. 1220]).
      The Committee of the Whole may not substantively restrict the 
  offering of amendments in contravention of a special rule adopted by 
  the House. 99-1, June 25, 1985, p 17201; Deschler Ch 27 Sec. 3; Manual 
  Sec. 887a. A unanimous-consent request may be entertained in Committee 
  of the Whole by the Chair if its effect is to allow procedures which 
  differ only in minor or incidental respects from the procedure 
  required by a special rule adopted by the House. Of course, the House 
  may, by unanimous consent, delegate to the Committee of the Whole 
  authority to entertain unanimous-consent requests to change procedures 
  contained in such a rule. Deschler Ch 27 Sec. 3.29 (note).
      A special rule may waive points of order against a bill or against 
  specified amendments thereto. Deschler Ch 27 Sec. 3. Such a waiver 
  will not be implied. A special rule merely ``making in order'' an 
  amendment offered by a designated Member but not specifically waiving 
  points of order does not permit consideration of the amendment unless 
  in conformity with the general rules of the House. Deschler Ch 27 
  Sec. 3.72 (note). A waiver of points of order against a bill does not 
  apply to amendments offered from the floor. Deschler Ch 27 Sec. 3.
      The so-called ``self-executing'' special order has been applied in 
  recent years to expedite the amendment process. A special rule has 
  been reported to the House which provided that an amendment striking 
  language in the bill ``shall be considered to have been adopted.'' 99-
  2, July 27, 1986, pp 17603, 17604. The Committee on Rules has also 
  reported rules which have ``self-executed'' the adoption of nongermane 
  amendments. 103-1, Feb. 24, 1993, p ____; 103-1, July 27, 1993, p 
  ____.


  Sec. 12 . -- Amendments Printed in the Record

      Where a Member seeks recognition to offer an amendment under a 
  special rule which permits only germane amendments which have been 
  printed in the Congressional Record, the amendment must qualify under 
  the rule. 95-1, Sept. 23, 1977, p 30530. An amendment similar but not 
  identical to the text of an amendment printed in the Record has been 
  held out of order under such a rule. 93-2, Feb. 6, 1974, p 2368. 
  Unanimous consent is required to offer an amendment which differs in 
  any way from an amendment permitted under the rule. Deschler Ch 27 
  Sec. 3.25; 94-2, Sept. 1, 1976, pp 28871, 28872, 28877; 95-1, Oct. 27, 
  1977, pp 35385, 35386.
      Where a special rule restricts the offering of amendments to those 
  printed in the Congressional Record but does not specify the Members 
  who must

[[Page 25]]

  offer them, the right to propose amendments properly inserted in the 
  Record inures to all Members. 93-2, Mar. 26, 1974, pp 8229, 8233, 
  8243.
      A special rule prohibiting amendments to a bill except those 
  printed in the Congressional Record does not apply to amendments to 
  amendments unless so specified. Deschler Ch 27 Sec. 3.13.


                     B. Permissible Pending Amendments


  Sec. 13 . Generally; The Stages of Amendment
  
  
      The checklist below and the appended chart show the four common 
  motions that may be pending simultaneously under Rule XIX (5 Hinds 
  Sec. 5753) and the order in which they are voted on (see also Sec. 28, 
  infra):

     To amend the text (4)
     To amend the proposed amendment (1)
     To amend by a substitute (3)
     To amend the substitute (2)

      Generally, only one amendment to the text may be pending at any 
  one time. 5 Hinds Sec. 5755; Deschler Ch 27 Sec. 1. Once that 
  amendment is offered, however, the other three forms of amendment 
  shown above may be offered and all four amendments may be pending at 
  one time. 5 Hinds Sec. 5753; 8 Cannon Sec. 2883; 27 Deschler Ch 27 
  Sec. 1.
      The amendments shown in the chart are amendments in the first or 
  second degree. Amendments beyond the second degree, such as an 
  amendment

[[Page 26]]

  to the amendment to the amendment to the pending text, are not in 
  order. See Sec. 14, infra. Frequently, however, as by special rule, an 
  amendment in the nature of a substitute may be considered as an 
  original text for purposes of amendment, thereby extending the 
  permissible degrees of amendment. Deschler Ch 27 Sec. 1. Indeed a 
  special rule reported from the Committee on Rules may specifically 
  permit the offering of amendments beyond the second degree. 94-1, Feb. 
  27, 1975, p 4593. In one instance in 1979, pursuant to special rule, 
  up to eight amendments were pending simultaneously to the pending 
  text. 96-1, May 15, 1979, pp 1050 et seq.
      There is no limit to the number of amendments that may be offered 
  either to an amendment or to a substitute; when one second degree 
  amendment has been disposed of, another can be offered. Deschler Ch 27 
  Sec. 5.16. And where both an amendment and a substitute have been 
  offered, each may have one amendment pending to it at one time. 
  Deschler Ch 26 Secs. 5.14, 5.15.

                       Perfecting the Original Text

      It is in order to offer a perfecting amendment to the pending 
  portion of original text, even though there is pending an amendment in 
  the nature of a substitute for the pending measure. Deschler Ch 27 
  Sec. 5.34. Likewise, where there is pending a motion to strike a title 
  of a bill, perfecting amendments to that title may nevertheless be 
  offered and voted on prior to voting on the motion to strike. Deschler 
  Ch 27 Sec. 5.11.

                        Amending Pending Amendments

      Only one amendment to a pending amendment may be pending at one 
  time. Deschler Ch 27 Secs. 5.7, 5.17, 5.24; 96-1, Apr. 9, 1979, p 
  7763. But as soon as an amendment to an amendment is adopted or 
  rejected another is in order seriatim until the amendment is 
  perfected; and only after disposition of the amendment will further 
  amendment of the bill be allowed. Deschler Ch 27 Sec. 5.5.

                      Amending Substitute Amendments

      A substitute for an amendment is subject to amendment. Deschler Ch 
  27 Secs. 5.3, 5.4. Thus, where an amendment, an amendment thereto, and 
  a substitute for the original amendment are pending, it is in order to 
  offer an amendment to the substitute. Deschler Ch 27 Sec. 5.13. Other 
  amendments to the substitute are in order following disposition of the 
  pending amendment to the substitute. Deschler Ch 27 Sec. 5.25.

[[Page 27]]

             Amending Amendments in the Nature of a Substitute

      When properly made in order, an amendment in the nature of a 
  substitute may be considered as original text for purposes of 
  amendment. Accordingly, 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 (1) an 
  amendment, (2) a substitute therefor, and (3) amendments to both the 
  amendment and the substitute. Deschler Ch 27 Sec. 5.32. See also 91-2, 
  Dec. 2, 1970, p 39500. And as often as amendments to the amendment are 
  disposed of, further amendments may be offered and voted upon prior to 
  voting on the amendment to the substitute. Deschler Ch 27 Sec. 5.21.


  Sec. 14 . Amendments in the Third Degree

      The following chart shows the four common forms of amendments in 
  the first or second degree and distinguishes them from amendments in 
  the third degree.
      Amendments in the third degree are not in order. 5 Hinds 
  Sec. 5754; 8 Cannon Sec. 2580; Deschler Ch 27 Sec. 6.1. ``The line 
  must be drawn somewhere,'' wrote Thomas Jefferson, ``and usage has 
  drawn it after the amendment to the amendment.'' Manual Sec. 454. This 
  principle is reflected in Rule XIX (Manual Sec. 822) and is considered 
  fundamental in the House of Representatives. Deschler Ch 27 Sec. 6. 
  Thus, as shown by the chart, an amendment to an amendment to an 
  amendment is in the third degree and not in order. Deschler Ch 27 
  Sec. 6.2; 89-1, Aug. 18, 1965, pp 20938, 20943; 95-1, July 27, 1977, p 
  25252. Until the amendment to the amendment is disposed of, no further 
  amendment to the amendment may be offered. Deschler Ch 27 Sec. 6.12; 
  88-1, Apr. 29, 1963, p 7242.
      The prohibition against amendments in the third degree also 
  applies to amendments between the House and Senate. If a bill 
  originating in one House is amended by the other, the originating 
  House may amend the amendment, and the second House may again amend. 
  Any further amendment between the Houses would be in the third degree 
  (Manual Sec. 529). 93-1, Oct. 18, 1973, p 34699.

             Substitutes for Pending Amendments Distinguished

      As shown by the following chart, a substitute for a pending first 
  degree amendment is subject to amendment (98-1, May 4, 1983, p 11074), 
  whereas a perfecting amendment to an amendment is not, as that would 
  be in the third degree (96-1, Mar. 8, 1979, pp 4507, 4508, 4510). The 
  substitute permitted by Rule XIX is an alternative to the original 
  first degree amendment 

[[Page 28]]

  
  


[[Page 29]]

  and not for the amendment to that amendment. Indeed, when an amendment 
  and a perfecting amendment thereto are pending, neither an amendment 
  to, or substitute for, the perfecting amendment is in order, being in 
  the third degree. Deschler Ch 27 Sec. 6.2; 96-1, Apr. 9, 1979, p 7763.

      While a perfecting amendment to a pending substitute should retain 
  some portion of the substitute so as not to be in effect a substitute 
  in the third degree, the Chair does not look behind the form of the 
  amendment in the absence of a timely point of order from the floor. 
  Deschler Ch 27 Sec. 6.21.

                 Amendments in the Nature of a Substitute

      Normally, an amendment to or a substitute for an amendment to an 
  amendment in the nature of a substitute would be in the third degree 
  and not in order. This principle, however, would not apply if the 
  amendment in the nature of a substitute were being considered as 
  original text for purposes of amendment. Deschler Ch 27 Sec. 6.15 
  (note). Where an amendment in the nature of a substitute is considered 
  as original text for the purpose of amendment, pursuant to a special 
  order, an amendment to an amendment thereto is not in the third degree 
  and is in order. Deschler Ch 27 Sec. 6.18.

                 Amendments While Motion to Strike Pending

      While a motion to strike out is pending, it is in order to offer 
  an amendment to perfect the language proposed to be stricken out; such 
  a perfecting amendment (which is in the first degree) may be amended 
  by a substitute (also in the first degree), and amendments to the 
  substitute are then in the second degree and in order. Deschler Ch 27 
  Sec. 6.20.

                           Pro Forma Amendments

      In the Committee of the Whole, pro forma amendments are 
  technically not in order where the four permitted amendments are 
  pending if the point of order is raised, as they would constitute 
  amendments in the third degree. But Chairmen have hesitated to rule 
  out of order pro forma amendments as being in the third degree since 
  the Committee has the power to close debate when it chooses, and has 
  permitted such amendments to be offered by unanimous consent. Deschler 
  Ch 27 Sec. 6.22. See also 79-2, Feb. 4, 1946, p 848.


             C. When to Offer Amendment; Reading for Amendment


  Sec. 15 . In General; Reading by the Clerk

      Amendments are not in order in Committee of the Whole until 
  general debate has been closed. 4 Hinds Sec. 4744. Amendments are then 
  taken up

[[Page 30]]

  under the five-minute rule. Rule XXIII clause 5(a). Manual Sec. 870. 
  The bill is read for amendment, and amendments are offered and debated 
  at the appropriate point in the reading. Thus, when a bill is being 
  read for amendment in the Committee of the Whole by sections, it is 
  not in order to offer amendments except to the one section under 
  consideration. Deschler Ch 27 Sec. 7. And after a section or paragraph 
  has been passed it is no longer subject to amendment. Manual 
  Secs. 413, 872.
      Bills are ordinarily read for amendment by sections or paragraphs 
  in sequence, but by unanimous consent the Committee of the Whole may 
  vary the order in which the portions of a bill are read for amendment 
  under the five-minute rule. 96-1, Sept. 12, 1979, p 24204. Indeed, the 
  reading of a bill may be entirely dispensed with by unanimous consent. 
  Deschler Ch 27 Secs. 7.1, 7.18.

                       House Practice Distinguished

      In the House, amendments to measures on the House Calendar are 
  made where the Member calling up the measure yields for an amendment, 
  or if the previous question is not moved or ordered, pending the 
  engrossment and third reading. 5 Hinds Sec. 5781; 7 Cannon Sec. 1051; 
  Deschler Ch 27 Sec. 13.3. Amendments may be offered to any part of the 
  bill without proceeding consecutively section by section or paragraph 
  by paragraph. 4 Hinds Sec. 3392.

              Practice in House as in Committee of the Whole

      Where a bill is by unanimous consent considered in the House as in 
  the Committee of the Whole, the bill is considered as read and open to 
  amendment at any point under the five-minute rule. Deschler Ch 27 
  Sec. 11.22; 91-2, Aug. 10, 1970, p 28050. And this is so despite the 
  fact that the House has previously adopted a special order providing 
  that the bill be read by title in the Committee of the Whole. Deschler 
  Ch 27 Sec. 7.2.


  Sec. 16 . Amendments to Text Passed in the Reading

      In the Committee of the Whole amendments to a section are in order 
  after the section has been read or the reading dispensed with (89-1, 
  June 29, 1965, p 15162) and remain in order until the reading of the 
  next portion to be considered (96-1, Sept. 13, 1979, p 24425). 
  Generally, an amendment comes too late when the Clerk has read beyond 
  the section to which the amendment applies. Deschler Ch 27 Sec. 8.1; 
  102-2, June 30, 1992, p ____. See also 8 Cannon Sec. 2930.
      An amendment offered as a new section is in order to a bill being 
  read by sections after the Clerk has read up to, but not beyond, the 
  point at which the amendment would be inserted. The amendment must be 
  offered

[[Page 31]]

  after the consideration of the section of the bill which it would 
  follow, and comes too late after the next section of the bill has been 
  read for amendment. 93-2, July 2, 1974, pp 22026, 22028; Deschler Ch 
  27 Sec. 8.17. A section is considered passed for the purpose of 
  amendment after an amendment inserting a new section has been adopted 
  following that section. Deschler Ch 27 Sec. 8.12. An amendment adding 
  a new section at the end of a bill is in order after the last section 
  of the bill has been read even though other amendments adding new 
  sections have been adopted. 95-2, Aug. 14, 1978, p 29563.
      A point of order as to the timeliness of an amendment may not be 
  raised in such a way as to deprive a Member of a timely opportunity to 
  present an amendment. A point of order that an amendment to a section 
  or a paragraph of a bill comes too late does not lie where the Member 
  offering the amendment was standing and seeking recognition before the 
  section or paragraph was passed in the reading. 95-2, June 8, 1978, p 
  16779. (For a similar ruling, see Deschler Ch 27 Sec. 8.22.) And the 
  Chair has on occasion directed the Clerk to reread a paragraph of a 
  bill where there was doubt as to how far the Clerk had read. Deschler 
  Ch 27 Sec. 8.4.


  Sec. 17 . Amendments to Text Not Yet Read; Amendments En Bloc

      It is not in order to strike out (93-1, July 25, 1973, p 25829) or 
  otherwise amend portions of a bill not yet read for amendment 
  (Deschler Ch 27 Sec. 9.1; 102-2, June 30, 1992, p ____). Even 
  committee amendments printed in a bill are not considered until the 
  section where they appear is read for amendment. Deschler Ch 27 
  Sec. 9.4. Amendments to a pending title of a bill and to a subsequent 
  title may be offered en bloc only by unanimous consent. Deschler Ch 27 
  Sec. 9.13. Similarly, to a bill being read for amendment by sections, 
  amendments to more than one section may be considered en bloc by 
  unanimous consent only. 95-1, Oct. 5, 1977, p 20523.
      In the 104th Congress, clause 2(f) of Rule XXI was added to permit 
  the offering of certain ``budget neutral'' amendments when an 
  appropriation bill is being read for amendment. Such amendments are 
  made in order en bloc even if they affect paragraphs in the 
  appropriation bill not yet read for amendment. Such amendments are not 
  subject to division. Manual Sec. 834f.


  Sec. 18 . Amendments to Bills Considered as Read and Open to Amendment

      Unless permitted by special order (95-1, Aug. 2, 1977, p 26124), a 
  bill may be considered as read and open to amendment at any point only 
  by unanimous consent; a motion to that effect is not in order. 
  Deschler Ch 27

[[Page 32]]

  Sec. 11.2. Similarly, during the reading of a section for amendment, 
  that section can be considered as read and open to amendment at any 
  point only by unanimous consent. Deschler Ch 27 Sec. 11.4. Where such 
  consent is granted, amendments may then be offered to any portion of 
  the bill not yet read for amendment at the time the permission is 
  granted. Deschler Ch 27 Sec. 11.9. Of course, amendments remain in 
  order to that portion of the bill pending when the request was 
  granted. 94-1, Apr. 23, 1975, p 11546; 94-1, June 4, 1975, p 16899. 
  But an agreement that the remainder of the bill be considered read and 
  open for amendment at any point does not admit an amendment to a 
  portion of the bill already passed in the reading. Deschler Ch 27 
  Sec. 11.8.


  Sec. 19 . Amendments in the Nature of a Substitute

      An amendment in the nature of a substitute for a bill is in order 
  after the first section (or paragraph) of the bill has been read for 
  amendment (Deschler Ch 27 Secs. 12.1, 12.2; 95-2, Mar. 20, 1978, p 
  7559) or following the reading of the final section (or paragraph) of 
  the bill (91-2, Apr. 14, 1970, p 11649; Deschler Ch 27 Sec. 12.4). To 
  a bill being read for amendment by titles, an amendment in the nature 
  of a substitute for the entire bill may be offered either after the 
  reading of the ``short title'' of the bill (which is normally a 
  separate section of the bill preceding title I) or at the conclusion 
  of the reading of the whole bill. Deschler Ch 27 Sec. 12.
      An amendment in the nature of a substitute for a bill is not in 
  order at an intermediate stage of the reading. Deschler Ch 27 
  Sec. 12.10 (note). See also 95-1, Sept. 29, 1977, p 31543. Of course, 
  if the bill is considered as having been read for amendment, then an 
  amendment in the nature of a substitute may be offered at any time 
  during consideration of the bill. 95-1, Mar. 29, 1977, p 9353.
      While an amendment in the nature of a substitute may ordinarily be 
  offered after the reading of the first section of a bill being read by 
  sections and prior to committee amendments adding new sections, where 
  a bill consists of one section and is therefore open to amendment at 
  any point when read, committee amendments adding new sections are 
  considered perfecting amendments and are disposed of prior to the 
  offering of amendments in the nature of a substitute. 94-1, Nov. 7, 
  1975, p 35525.
      An amendment in the nature of a substitute is in order after an 
  entire bill has been read and perfecting amendments have been adopted 
  thereto, as long as such perfecting amendments have not changed the 
  bill in its entirety. Deschler Ch 27 Sec. 12.16. Similarly, an 
  amendment in the nature of a substitute may be offered for a bill (or 
  for an amendment being considered

[[Page 33]]

  as original text) after the reading thereof has been completed, if 
  another amendment in the nature of a substitute has not been 
  previously adopted. 95-2, May 18, 1978, p 14391.


  Sec. 20 . Recognition to Offer Amendments; Priority

                         Necessity of Recognition

      It being fundamental that recognition rests with the Chair (2 
  Hinds Sec. 1422), a Member wishing to offer an amendment must first be 
  recognized by the Chair for that purpose. Deschler Ch 27 Sec. 4.1. It 
  is for this reason that a Member holding the floor under the five-
  minute rule may not yield to another Member to offer an amendment. 
  Deschler Ch 27 Sec. 4.6.

                            Discretion of Chair

      Except in cases where he is governed by a special order adopted by 
  the House (Deschler Ch 27 Sec. 4.35), recognition for the purpose of 
  offering amendments is within the discretion of the Chair (Deschler Ch 
  27 Sec. 4.2). No point of order lies against the Chair's recognition 
  of one Member over another (where the special order governing the 
  consideration of the bill is silent in this respect). 96-1, June 21, 
  1979, pp 15999, 16000; Deschler Ch 27 Sec. 4.19. Nevertheless, in the 
  absence of a controlling special order, the Chair ordinarily follows 
  the many precedents and practices that serve as guidelines to the 
  Chair in according recognition to Members to offer amendments. 
  Deschler Ch 27 Sec. 4.35. For example, the Chair may accord 
  recognition pursuant to the principle of alternation between majority 
  and minority parties or on the priority of perfecting amendments over 
  motions to strike. 96-1, June 21, 1979, pp 15999, 16000.

                     Priority of Committee Amendments

      Amendments recommended by a committee reporting a bill are 
  normally considered before amendments offered from the floor (97-2, 
  Dec. 1, 1982, pp 28206, 28207), even where the bill is considered read 
  and open to amendment (Deschler Ch 27 Sec. 4.34). Thus, perfecting 
  committee amendments to a paragraph under consideration are disposed 
  of before amendments from the floor are considered. Deschler Ch 27 
  Sec. 4.33.

               Committee Membership as Basis for Recognition

      In recognizing Members to offer amendments in the Committee of the 
  Whole, preference is ordinarily given to members of the committee 
  reporting the bill, if on their feet seeking recognition. Deschler Ch 
  27 Sec. 4.8. Members of the committee reporting a pending bill are 
  entitled to prior recogni-

[[Page 34]]

  tion over noncommittee members despite their party affiliation. 
  Deschler Ch 27 Sec. 4.10.
      Members of the reporting committee or committees are normally 
  accorded prior recognition in order of full committee seniority 
  (Deschler Ch 27 Secs. 4.11, 4.13) and not by the sequence of lines in 
  the pending paragraph to which those amendments may relate. Deschler 
  Ch 27 Sec. 4.30. It is within the discretion of the Chair as to 
  whether he will first recognize a majority or minority member of the 
  committee. Deschler Ch 27 Sec. 4.18.

                     Effect of Parliamentary Inquiries

      The fact that the Chair has recognized a Member to raise a 
  parliamentary inquiry does not prohibit the Chair from then 
  recognizing the same Member to offer an amendment, and the principle 
  of alternation of recognition does not require the Chair to recognize 
  a Member from the minority to offer an amendment after recognizing a 
  Member from the majority to raise a parliamentary inquiry. Deschler Ch 
  27 Sec. 4.13 (note).


   D. Offering Particular Kinds of Amendments; Precedence and Priorities


  Sec. 21 . Introductory; Perfecting Amendments

      Generally, the House follows the Jeffersonian principle that 
  language should be perfected before taking other action on it. 
  Deschler Ch 27 Sec. 15. ``[T]he friends of the paragraph'' Jefferson 
  wrote, ``may make it as perfect as they can by amendments before the 
  question is put for inserting it. . . . 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.'' Manual Sec. 469. An 
  important exception to this rule is that a motion to strike out the 
  enacting words of a bill, being a device used for purposes of 
  rejecting the bill, has precedence over a motion to amend the bill. 
  Rule XXIII clause 7. Manual Sec. 875.
      A motion to strike and a perfecting amendment may be pending 
  simultaneously. They must be voted on separately in a specified order 
  (Sec. 28, infra), and they may not be offered as amendments to or 
  substitutes for one another. But they need not be offered in the order 
  in which they are voted on. Deschler Ch 27 Sec. 15.1. When a motion to 
  strike out a pending portion of a bill is pending, perfecting 
  amendments are in order to the text proposed to be stricken--not to 
  the motion to strike. Deschler Ch 27 Sec. 15.13.

[[Page 35]]

                   Precedence Over the Motion to Strike

      A perfecting amendment to the text of a bill is in order and takes 
  precedence over a pending motion to strike out the text, and is first 
  acted upon. Deschler Ch 27 Secs. 15.3, 15.4; 91-2, Mar. 19, 1970, p 
  8188; 95-1, Oct. 3, 1977, p 32017. Thus, an amendment inserting new 
  words is in order and takes precedence over a pending motion to strike 
  out that portion of the text. Deschler Ch 27 Sec. 15.7; 95-1, Feb. 24, 
  1977, p 5370.
      Perfecting amendments to a paragraph may be offered (one at a 
  time) while a motion to strike out the paragraph is pending, and such 
  perfecting amendments are first disposed of. Deschler Ch 27 
  Secs. 15.5, 15.15; 89-2, Mar. 29, 1966, pp 7104-06, 7118. Under this 
  rule, where a perfecting amendment is offered and rejected, a second 
  perfecting amendment may be offered prior to the vote on a motion to 
  strike out. 87-2, Apr. 10, 1962, pp 6167-69. And if the motion to 
  strike out is ultimately defeated, further perfecting amendments to 
  the pending text are yet in order. Deschler Ch 27 Sec. 15.8; 89-2, 
  Aug. 3, 1966, p 18136.
      While a motion to strike a pending portion of a bill will be held 
  in abeyance until perfecting amendments to that portion are disposed 
  of (102-2, May 5, 1992, p ____), a Member who has been recognized to 
  debate his motion to strike may not be deprived of the floor by 
  another Member who seeks to offer a perfecting amendment; after the 
  Member so recognized has completed his five minutes in support of his 
  motion to strike, but before the question is put on the motion to 
  strike, the perfecting amendment may be offered and voted upon. 
  Deschler Ch 27 Sec. 15.11.
      Whether or not preferential perfecting amendments to the pending 
  text, offered pending a motion to strike that text, are adopted or 
  rejected, a vote still must be taken on the motion to strike (assuming 
  that the perfecting amendments do not change the entire text pending). 
  Deschler Ch 27 Sec. 15.24. But if perfecting amendments are agreed to, 
  and are coextensive with the material proposed to be stricken, the 
  motion to strike out the amended text falls and is not acted on. 
  Deschler Ch 27 Sec. 15.25.

          Precedence Over Amendment in the Nature of a Substitute

      Where a bill consists of several sections, an amendment in the 
  nature of a substitute should be offered after the reading of the 
  first section and following disposition of perfecting amendments to 
  the first section. Deschler Ch 27 Sec. 15.40 (note). Indeed, a 
  perfecting amendment to the first section of a bill may be offered 
  while an amendment in the nature of a substitute for the entire bill 
  is pending. Deschler Ch 27 Sec. 15.32. And a perfecting amendment to a 
  pending paragraph of a bill is in order and is not precluded

[[Page 36]]

  by the intervention of an amendment in the nature of a substitute for 
  the paragraph and several of those following. Deschler Ch 27 
  Sec. 15.33.


  Sec. 22 . Motions to Strike

      Amendments proposing to strike out a section of a bill are in 
  order after perfecting amendments to the section are disposed of. 
  Deschler Ch 23 Sec. 17.3; 93-2, Dec. 10, 1974, pp 38749 et seq. A 
  motion to strike out a section or paragraph is not in order while a 
  perfecting amendment is pending. Deschler Ch 27 Secs. 16.6, 17.1; 88-
  1, Dec. 16, 1963, pp 24753, 24755; 93-2, June 5, 1974, pp 17868, 
  17869. The motion to strike out, if already pending, must remain in 
  abeyance until the amendment to perfect has been moved and voted on. 5 
  Hinds Sec. 5758; 8 Cannon Sec. 2860; Manual Sec. 469. Since a 
  provision must be perfected before the question is put on striking it 
  out, a motion to strike out a paragraph or section may not be offered 
  as a substitute for a pending motion to perfect the paragraph or 
  section. 88-1, Dec. 16, 1963, pp 24753, 24755; 93-2, June 5, 1974, pp 
  17868, 17869. And this is true even where the pending perfecting 
  amendment is a motion to strike out and insert new text. 89-2, Oct. 
  14, 1966, p 26966; 90-2, June 4, 1968, p 15889. However, while the 
  motion to strike out is not in order in this situation as a 
  substitute, it may be offered after disposition of the perfecting 
  amendment to strike out and insert if more comprehensive in scope. 96-
  1, July 25, 1979, pp 20623, 20624.
      While an amendment which has been agreed to may not be modified, a 
  proposition to strike it from the bill with other language of the 
  original text is in order. 8 Cannon Sec. 2855. Thus, if the pending 
  title of a bill is perfected by an amendment adding a new section 
  thereto, and the Committee of the Whole thereafter agrees to a motion 
  to strike out the entire title, the words added by the perfecting 
  amendment are eliminated along with the rest of the title. 91-1, Oct. 
  3, 1969, p 28454.
      To a motion to strike out certain text and insert new language, a 
  simple motion to strike out all that text may not be offered as an 
  amendment, as it would have the effect of dividing the motion to 
  strike out and insert which is prohibited by Rule XVI clause 7. 93-2, 
  July 25, 1974, pp 25240, 25241. See also 96-1, June 19, 1979, pp 
  15566-68.
      Motion to strike unfunded federal mandate, see Rule XXIII clause 
  5(c). See also Sec. 49, infra.


  Sec. 23 . Motions to Strike Out and Insert

      As a perfecting amendment, a motion to strike out and insert takes 
  precedence over a pending motion to strike out. 8 Cannon Sec. 2849. It 
  may be

[[Page 37]]

  offered while the motion to strike out is pending and is first acted 
  upon. Deschler Ch 27 Sec. 16.3. If the perfecting amendment is agreed 
  to, and is coextensive with the motion to strike, the motion to strike 
  out the amended text falls and is not acted on. Deschler Ch 27 
  Sec. 16.4.
      By House rule, a motion to strike out and insert is indivisible. 
  Rule XVI clause 7. Manual Sec. 793. For this and other reasons, a 
  motion to strike out is not in order as a substitute for a pending 
  motion to strike out and insert. Deschler Ch 27 Sec. 17.18. 
  Conversely, a motion to strike out and insert a portion of a pending 
  section is not in order as a substitute for a motion to strike out the 
  section, but may be offered as a perfecting amendment to the section 
  and is first voted upon, subject to being eliminated by subsequent 
  adoption of the motion to strike out. 97-1, July 16, 1981, p 10658.


  Sec. 24 . Substitute Amendments

                                 Generally

      A ``substitute'' is a substitute for an amendment, and not a 
  substitute for the original text. Sec. 6, supra. A substitute can be 
  entertained only after an amendment is pending. 8 Cannon Sec. 2883. In 
  the Committee of the Whole, the proper time to offer a substitute for 
  an amendment is after the amendment has been read and the Member 
  offering it has been permitted to debate it under the five-minute 
  rule. Deschler Ch 27 Sec. 18.2. The substitute is then in order until 
  the Chair puts the question on the amendment. Deschler Ch 27 
  Sec. 18.3.

         Substitutes for Amendments in the Nature of a Substitute

      An amendment in the nature of a substitute is subject to amendment 
  by a substitute therefor (Deschler Ch 27 Sec. 18.18), and the 
  substitute is in order even after perfecting amendments have been 
  adopted to the amendment in the nature of a substitute. See Deschler 
  Ch 27 Sec. 18.19.

                    Reoffering Substitute Propositions

      Whether a proposition contained in a substitute may be reoffered 
  in a different form after it has failed of approval depends on the 
  circumstances. If the language of the substitute is reoffered in such 
  a way as to present precisely the same question that has already been 
  voted on, it would not be in order. Where an amendment is altered by 
  adoption of a substitute, and then is rejected as so amended, the 
  language of the substitute cannot be reoffered at that point as a 
  first degree amendment. See Deschler Ch 27 Sec. 18.25 and note. 
  Clearly, however, where the actual proposition was never voted on 
  because of changes made through the amendment process, the proposition 
  may be offered again as, for example, an amendment to text.

[[Page 38]]

  Where an amendment is offered, and then a substitute for that 
  amendment, the consideration of that substitute necessarily proceeds 
  with reference only to the particular amendment to which offered. This 
  may present a different question from that which would arise if the 
  language of the substitute were considered with reference to the text 
  of the bill. Compare 5 Hinds Sec. 5797, 8 Cannon Sec. 2843, and 
  Deschler Ch 27 Sec. 18.25 (note). See also Manual Sec. 823.


  Sec. 25 . Offering Amendments During Yielded Time

                               In the House

      A measure being considered in the House is not subject to 
  amendment unless the Member in control yields for that purpose (89-1, 
  Jan. 4, 1965, p 20) or the previous question is either not moved or is 
  rejected (see Sec. 26, infra). Ordinarily, an amendment to the measure 
  may be offered only by the Member having the floor unless he yields 
  for that purpose; and it is within the discretion of the Member in 
  charge whether, and to whom, he will yield. Deschler Ch 27 Sec. 13.3. 
  An amendment may not be offered in time yielded for debate only. 8 
  Cannon Sec. 2474; Deschler Ch 27 Sec. 13.1.
      A Member controlling debate in the House on a measure may yield to 
  another to offer an amendment (8 Cannon Sec. 2470; 89-1, Sept. 17, 
  1965, p 24290), despite his prior announced intention not to yield for 
  such purpose (92-1, Apr. 29, 1971, pp 12489, 12504). The Member so 
  yielded to may then offer an amendment, be recognized for an hour, and 
  may himself yield time. 89-1, Sept. 17, 1965, p 24290.
      A Member who has the floor in debate in the House may not yield to 
  another Member to offer an amendment without losing control of his 
  time. 5 Hinds Sec. 5021. By yielding to another to offer an amendment 
  he loses his right to resume. 5 Hinds Sec. 5031. However, a Member may 
  yield to permit an amendment to be read for information without losing 
  control of his time. 8 Cannon Sec. 2477.

                         In Committee of the Whole

      A Member recognized under the five-minute rule may not yield to 
  another Member to offer an amendment. 93-1, Apr. 19, 1973, p 13240; 
  95-2, May 18, 1978, p 14410; 95-2, July 13, 1978, p 20653. A Member 
  wishing to offer an amendment under the five-minute rule must seek 
  recognition from the Chair and may not be yielded the floor for that 
  purpose by another Member. Deschler Ch 27 Sec. 13.7.

[[Page 39]]

  Sec. 26 . Effect of Previous Question; Expiration of Time for Debate

                         Generally; House Practice

      After the previous question has been moved or ordered on a bill 
  and pending amendments, further amendments may not be offered. 5 Hinds 
  Secs. 5486, 5487. The demand for the previous question cuts off 
  further amendments unless the previous question is rejected. Deschler 
  Ch 27 Sec. 14.1; 89-1, Jan. 4, 1965, p 19. And the adoption of the 
  previous question on a proposition precludes further debate or 
  amendment and brings the House to an immediate vote thereon. 86-2, 
  Aug. 26, 1960, p 17869; 96-1, July 24, 1979, pp 20385, 20412, 20413.
      The previous question may be moved (1) on a pending amendment, or 
  (2) on the measure to which offered, or (3) on both propositions. See 
  Previous Question. Thus, where the previous question is ordered in the 
  House on a pending resolution and the amendment thereto, the vote 
  immediately recurs on the adoption of the resolution after the 
  disposition of the amendment, and no intervening amendment is in 
  order. Deschler Ch 27 Sec. 14.3. However, a motion to commit may be in 
  order under Rule XVII. Manual Secs. 804, 808. See Refer and Recommit.
      The previous question is sometimes ordered on undebatable motions 
  for the specific purpose of preventing amendments thereto. 5 Hinds 
  Sec. 5490. An amendable motion offered in the House is not subject to 
  amendment after the previous question has been ordered thereon. 95-2, 
  Feb. 22, 1978, p 4074.

            Expiration of Debate Time in Committee of the Whole

      An amendment to a pending section of a bill being considered in 
  the Committee of the Whole may be offered notwithstanding the 
  expiration of all time for debate on the section and any amendments 
  thereto. Deschler Ch 27 Sec. 14.9. By House rule (Rule XXIII clause 6, 
  Manual Sec. 874) the expiration of a limitation on debate under the 
  five-minute rule does not prohibit the offering of further amendments, 
  but such amendments are not subject to debate (if not printed in the 
  Congressional Record). Deschler Ch 27 Sec. 14.10. See also 
  Consideration and Debate.

[[Page 40]]

                        E. Consideration and Voting


  Sec. 27 . In General; Reading of Amendment

                                 Generally

      Amendments to a bill must be read in full (8 Cannon Sec. 2339) or 
  their reading dispensed with in accordance with the rules, and this is 
  so even where the bill itself is considered as having been read for 
  amendment pursuant to a special rule (Deschler Ch 27 Sec. 22). The 
  reading of an amendment must be completed before an amendment thereto 
  is in order. 87-2, Jan. 23, 1962, p 759; 88-2, Feb. 20, 1964, p 3217.
      Amendments at the Clerk's desk must be offered by a Member before 
  they will be read by the Clerk. 93-1, Dec. 14, 1973, p 41731. They 
  need not be reoffered after they have been reported by the Clerk 
  notwithstanding suspension of consideration of the bill. Where the 
  Committee of the Whole resumes its consideration of a bill after an 
  interval of time, the Chair sometimes (without objection) directs the 
  Clerk to rereport the amendments which were pending at the time the 
  Committee rose. 91-2, May 6, 1970, p 14418.

                           Numbering Amendments

      Beginnning in the 104th Congress, amendments printed in the Record 
  are numbered in the order submitted for printing (Rule XXIII clause 
  6).

                          Dispensing With Reading

      The reading of an amendment may be dispensed with by unanimous 
  consent (94-2, Feb. 9, 1976, p 2872) or waived pursuant to the 
  provisions of a special rule (95-2, Oct. 6, 1978, p 34087). The 
  reading of an amendment in the Committee of the Whole may also be 
  dispensed with by motion, if the amendment has been printed in the 
  bill as reported, or if printed in the Record and submitted one day 
  prior to floor consideration to the committee or committees reporting 
  the bill. Rule XXIII clause 5. Manual Sec. 873b.

                           Rereading Amendments

      An amendment which has been once read may not be read again except 
  by unanimous consent. Deschler Ch 27 Sec. 22.2; 90-1, Mar. 1, 1967, pp 
  5036-38. It is not within the province of the Chair to analyze the 
  effect of amendments, and the Chair has declined to ask unanimous 
  consent that the Clerk read the ``differences'' between two pending 
  amendments. 95-1, Apr. 6, 1977, p 10773.

[[Page 41]]

                     Amendment in Nature of Substitute

      The reading of an amendment in the nature of a substitute must be 
  completed before an amendment thereto is in order. Deschler Ch 27 
  Sec. 22.5. An amendment in the nature of a substitute is not read by 
  sections in the absence of a special rule which specifies to the 
  contrary, and is open to amendment at any point when read in its 
  entirety. Deschler Ch 27 Sec. 22.6; 96-1, Dec. 18, 1979, pp 36791, 
  36793, 36794. Where, pursuant to a special rule, an amendment in the 
  nature of a substitute is being read as an original bill for the 
  purpose of amendment, the amendment is read section by section, and 
  substantive as well as pro forma amendments are in order following the 
  reading of each section. 88-2, Feb. 26, 1964, p 3641.


  Sec. 28 . Order of Consideration Generally

                              Voting Sequence

      The four forms of amendment permitted by Rule XIX may be pending 
  simultaneously. Sec. 13, supra. However, as shown by the appended 
  chart, they must be voted on in the sequence shown, as follows: (1) 
  amendments to the amendment, if any, are disposed of first, seriatim, 
  until the amendment is perfected; (2) amendments to the substitute are 
  next voted on, seriatim, until the substitute is perfected; (3) the 
  substitute is next voted on; (4) the amendment is voted on last, so 
  that if the substitute has been agreed to, the vote is on the 
  amendment as amended by the substitute. Rule XIX. Manual Sec. 822. See 
  also Deschler Ch 27 Sec. 23, and 95-2, May 18, 1978, p 14393.
      A perfecting amendment to an amendment must be offered before the 
  vote on the amendment. 98-1, May 4, 1983, p 11074. Once a perfecting 
  amendment to an amendment is disposed of, the original amendment, as 
  amended or not, remains open to further perfecting amendment, and all 
  such amendments are disposed of prior to voting on substitutes for the 
  original amendment and amendments thereto. Deschler Ch 27 Sec. 23.9; 
  102-1, June 19, 1991, p ____.
      Disposition of the perfecting amendment to the substitute does not 
  preclude the offering of further amendments to the amendment. 96-1, 
  May 15, 1979, p 11180. But when the substitute is adopted, the vote 
  recurs immediately upon the original amendment as amended by the 
  substitute, and further perfecting amendments (including pro forma 
  amendments) are not in order. 96-1, May 1, 1979, pp 9299-301, 9311.

[[Page 42]]

  
  


                          Effect of Special Rule

      A special order reported from the Committee on Rules may reverse 
  or alter the normal order of consideration of amendments in the 
  Committee of the Whole. 99-1, May 22, 1985, p 13001. Where the House 
  has adopted a special rule permitting the consideration of amendments 
  in Committee of the Whole only in a prescribed order, the Committee of 
  the Whole must rise to permit the House, by unanimous consent, to 
  change that order of consideration. Deschler Ch 27 Sec. 23.

[[Page 43]]

  Sec. 29 . Committee Amendments

      Pending amendments, whether favorably or adversely recommended by 
  the committee reporting the bill, must be voted on. 8 Cannon 
  Sec. 2865. The Committee of the Whole must vote on a pending amendment 
  even though it has been ``accepted'' by members of the committee 
  reporting the bill. Deschler Ch 27 Sec. 26.10.
      Committee amendments to a bill are ordinarily taken up before 
  amendments from the floor, although they are not voted on until after 
  they have been perfected. 5 Hinds Sec. 5773. Floor amendments to the 
  bill are normally in order following the disposition of pending 
  committee amendments perfecting that bill, even though the bill is 
  open to amendment at any point. Deschler Ch 27 Sec. 26.3. Where a bill 
  is considered as having been read for amendment, it is open to 
  amendment at any point and all committee perfecting amendments must be 
  disposed of, regardless of their place in the bill, prior to offering 
  of amendments to the bill from the floor. Deschler Ch 27 Sec. 26.5.
      Where a committee amendment proposes to strike a portion of the 
  text, a perfecting amendment from the floor may intervene before the 
  vote is taken on the committee amendment. See Sec. 21, supra.
      A committee amendment to the first paragraph or section of a bill 
  is voted on before a vote is taken on an amendment in the nature of a 
  substitute to strike out all after the enacting clause and insert new 
  matter. Deschler Ch 27 Sec. 26.1.


  Sec. 30 . Amendments En Bloc; Use of Special Rules

                                 Generally

      Amendments may be considered en bloc only by unanimous consent 
  (Deschler Ch 27 Secs. 27.2, 27.3) or pursuant to a special rule 
  (Deschler Ch 27 Secs. 27.14-27.16). Amendments considered en bloc by 
  unanimous consent are subject to germane amendment after they have 
  been read. 95-2, Mar. 9, 1978, p 6286. Once pending they are open to 
  perfecting amendment at any point. 102-1, June 12, 1991, p ____.
      En bloc amendments may be offered to a pending amendment, but it 
  is not in order to consider en bloc amendments to amendments which 
  have not been reported. Deschler Ch 27 Sec. 27.10. En bloc amendments 
  to appropriation bills, see Appropriations.

                              Points of Order

      Where unanimous consent is requested that two or more amendments 
  be considered en bloc, points of order against any or all of them may 
  be

[[Page 44]]

  made or reserved pending agreement to the request. Deschler Ch 27 
  Sec. 27.5. Amendments offered en bloc by unanimous consent are 
  considered as one amendment, and a single point of order against any 
  portion thereof renders the entire amendment subject to a point of 
  order. Deschler Ch 27 Sec. 27.5; 98-2, June 21, 1984, pp 17685-87. 
  Since an amendment against which a point of order will be sustained 
  should not be considered en bloc with other amendments, the Chair may 
  request a Member seeking unanimous consent to consider amendments en 
  bloc to withdraw his request when the manager of the bill indicates 
  his intention to raise a point of order against one of those 
  amendments. 96-1, June 27, 1979, pp 17029, 17030, 17069, 17070.

                  Consideration Pursuant to Special Rule

      To expedite consideration of perfecting amendments to a bill, the 
  House may adopt a special rule permitting their consideration en bloc 
  in lieu of separate consideration in the order printed in the bill. 
  94-2, June 9, 1976, p 17064. Under such a special rule, the manager of 
  the bill may request en bloc consideration after the pending text is 
  read and unanimous consent is not required. 94-1, June 11, 1975, pp 
  18434, 18435. See also 95-1, Aug. 2, 1977, p 26172.

                                  Voting

      The en bloc consideration of amendments in Committee of the Whole 
  pursuant to a unanimous-consent request therein does not necessarily 
  result in an en bloc vote in the House, since that is merely an order 
  of the Committee and not binding on the House. Moreover, even 
  amendments considered en bloc pursuant to a special rule are subject 
  to a demand for a division of the question in the House if divisible, 
  unless prohibited by the rule. Deschler Ch 27 Sec. 27.15. See also 96-
  1, Dec. 14, 1979, pp 36193, 36194.

                           ``King of the Hill''

      Special rules from the Committee on Rules may provide for the 
  consideration of two or more amendments under what is sometimes termed 
  a ``King of the Hill'' procedure. The special rule may provide that 
  such amendments be considered in a specified order and that if more 
  than one such amendment is adopted, only the last amendment so adopted 
  shall be considered as finally adopted and reported to the House. 102-
  2, Feb. 27, 1992, p ____; 102-2, June 3, 1992, p ____.

                         ``Top Vote Getter'' Rule

      In the 104th Congress, several special rules were reported from 
  the Committee on Rules which permitted several alternative amendments 
  to be

[[Page 45]]

  considered in a specified order with the one receiving the largest 
  majority being reported back to the House. See 104-1, Jan. 25, 1995, p 
  ____.


  Sec. 31 . Perfecting Amendments; Motions to Strike

                Preference as Between Perfecting Amendments

      There are no degrees of preference as between perfecting 
  amendments. Deschler Ch 27 Sec. 24.1. However, perfecting amendments 
  to a section are considered before amendments proposing to insert new 
  sections. 8 Cannon Sec. 2356; Deschler Ch 27 Sec. 24.2.

      Preference as Between Perfecting Amendment and Motion to Strike

      All perfecting amendments to a section of a bill must be disposed 
  of prior to the vote recurring on a pending motion to strike out the 
  section. Deschler Ch 27 Sec. 24.3; 90-1, Oct. 20, 1967, pp 29569-71; 
  93-1, July 26, 1973, pp 26120, 26122. After the first perfecting 
  amendment has been disposed of, another may be offered and the vote on 
  the motion to strike out is again deferred until the amendment is 
  disposed of. 91-1, Oct. 3, 1969, pp 28454, 28459, 28463. If the 
  perfecting amendment as adopted changes all the text proposed to be 
  stricken, the motion to strike necessarily falls and is not voted on. 
  Deschler Ch 27 Sec. 24.15; 95-2, June 21, 1978, p 18286. The principle 
  of perfecting text before considering an amendment striking it from 
  the bill is followed even where the motion to strike out is improperly 
  drafted as an amendment to an amendment. Deschler Ch 27 Sec. 24.12.


  Sec. 32 . Substituting Amendments

                           Substitute Amendments

      A substitute for an amendment is not voted on until after 
  amendments to the amendment have been disposed of. 8 Cannon Sec. 2895. 
  If the substitute is rejected, the amendment is open to further 
  amendment; if the substitute is adopted, the question recurs on the 
  amendment as amended by the substitute. Deschler Ch 27 Sec. 25.1. 
  Thus, where an amendment in the nature of a substitute to a bill is 
  amended by the adoption of a substitute therefor, the question recurs 
  on the amendment in the nature of a substitute, as amended. Deschler 
  Ch 27 Sec. 25.2. The defeat of the amendment as amended by the 
  substitute results in the rejection of the language included in the 
  substitute as amended. 93-1, June 26, 1973, p 21320.

                 Amendments in the Nature of a Substitute

      An amendment in the nature of a substitute for a bill may be 
  proposed before perfecting amendments to the pending portion of the 
  original text

[[Page 46]]

  have been offered or acted on, but may not be voted on until after 
  such perfecting amendments have been disposed of. 5 Hinds Sec. 5787; 8 
  Cannon Sec. 2896; Deschler Ch 27 Sec. 25. Thus, an amendment in the 
  nature of a substitute having been proposed, amendments to the portion 
  of the original text which has been read are in order and are voted on 
  before the question is taken on the substitute. 8 Cannon Sec. 2861.
      Where a substitute--striking out all of the text and inserting new 
  matter--for an amendment in the nature of a substitute is adopted, the 
  vote recurs immediately on the amendment, as amended (91-2, Dec. 16, 
  1970, p 42032), and no further amendments to either proposition are in 
  order, since the original amendment has been changed in its entirety 
  by the substitute. Deschler Ch 27 Sec. 25.


  Sec. 33 . Points of Order

                                 Generally

      Points of order may lie against amendments that do not conform to 
  established rules and practices. For example, an amendment may be 
  barred because it violates the rule against amendments in the third 
  degree (Sec. 14, supra), or because it violates the ``germaneness'' 
  rule (see Germaneness of Amendments) or if it violates the prohibition 
  against inclusion of legislative provisions in appropriation bills 
  (see Appropriations). Points of order against amendments en bloc, see 
  Sec. 30, supra.

                         Reserving Points of Order

      It is within the discretion of the Chair whether to permit a 
  reservation of a point of order against an amendment, how long such a 
  reservation can be maintained, or to dispose of the point of order 
  prior to debate on the amendment. 97-1, Oct. 14, 1981, pp 23882, 
  23884. If a point of order is reserved, the Chair, with the sufferance 
  of the Committee of the Whole, may permit debate by the proponent on 
  the merits of his amendment before hearing arguments on the point of 
  order. 97-1, May 12, 1981, pp 9320, 9323. The Chair then has the 
  discretion to insist that the point of order be made following debate 
  by the proponent of the amendment and prior to recognition of other 
  Members. 98-2, May 16, 1984, pp 12504-06, 12509-11. Of course, if the 
  point of order is made rather than reserved, the Member making the 
  point of order is immediately recognized for argument thereon, prior 
  to debate on the merits of the amendment.

                  Reservation as Inuring to Other Members

      One Member's reservation of a point of order against an amendment 
  protects the rights of all Members to insist on points of order. 98-2, 
  June

[[Page 47]]

  6, 1984, pp 15120-22. The reserving Member need not specify the basis 
  of his reservation. 93-1, July 19, 1973, pp 24950, 24951. The 
  reservation of the point of order inures to all Members, who may raise 
  other points of order before the intervention of further debate if the 
  original point of order is overruled or withdrawn. 92-2, June 22, 
  1972, p 22098.


  Sec. 34 . -- Timeliness

                                 Generally

      A point of order against an amendment is properly made (or 
  reserved) immediately after the reading thereof (89-2, Mar. 29, 1966, 
  pp 7115, 7118; 92-1, Mar. 10, 1971, pp 5856-58; 94-1, July 8, 1975, p 
  21628), or following agreement to a unanimous-consent request that the 
  amendment be considered as read (92-2, Mar. 29, 1972, pp 10749-51). 
  And it should be disposed of before amendments to that amendment are 
  offered. 96-1, Mar. 21, 1979, pp 5779-82. Similarly, a point of order 
  against certain language should be decided prior to recognition of 
  another Member to offer an amendment to the challenged language. 89-2, 
  May 18, 1966, pp 10894-96.

                      Effect of Intervening Business

      A Member must exercise due diligence in raising a point of order. 
  A point of order against an amendment is not entertained where 
  business, even the granting of a unanimous-consent request, has 
  intervened between the reading of the amendment and the making of the 
  point of order unless the intervening business is vacated. 91-1, June 
  24, 1969, p 17080. A point of order against an amendment has been held 
  to come too late after the reading thereof and after the Chair has 
  responded to a parliamentary inquiry from another Member. 91-1, Nov. 
  5, 1969, p 33133.

                       Effect of Debate on Amendment

      A point of order against an amendment should be made or reserved 
  before the proponent of the amendment has been recognized to debate 
  the amendment. 95-2, Mar. 9, 1978, p 6286; 95-2, June 14, 1978, p 
  17626. It cannot be raised after the proponent of the amendment has 
  been recognized and has begun his explanation of the amendment. 91-1, 
  May 27, 1969, p 14074; 95-2, May 24, 1978, p 15332. The rereading of 
  the amendment by unanimous consent after there has been debate does 
  not permit the intervention of a point of order against the amendment. 
  92-1, Nov. 4, 1971, p 39302.
      Although a point of order against an amendment ordinarily comes 
  too late if debate has begun thereon, the Chair has recognized a 
  Member to make or reserve a point of order against an amendment where 
  the Member

[[Page 48]]

  raising the point was on his feet, seeking recognition, at the time 
  the amendment was read. 90-1, Sept. 26, 1967, p 26878; 91-1, July 30, 
  1969, p 21458; 98-2, May 24, 1984, p 14271. See also Deschler Ch 27 
  Sec. 1.

             Points of Order Which May Be Made ``At Any Time''

      Rule XXI clause 5(a) and clause 5(b) refer to points of order 
  which may be ``raised at any time.'' Clause 5(a) deals with 
  appropriations in bills reported by committees not having jurisdiction 
  to report appropriations and prohibits amendments carrying 
  appropriations during consideration of a bill reported from a 
  committee not having that jurisdiction. Clause 5(b) is aimed at tax or 
  tariff measures contained in a bill reported from a committee not 
  having that jurisdiction, or amendments of the Senate or amendments in 
  the House which are offered to a bill not reported therefrom. Points 
  of order under these rules must still be raised when the offending 
  bill or amendment is before the House for consideration. But 
  intervening debate or amendments will not preclude a proper point of 
  order from being cognizable by the Chair when raised during the 
  pendency of the amendment under the five-minute rule. 79-2, Mar. 18, 
  1946, p 2365; 94-1, Apr. 28, 1975, pp 12043, 12044. See also Points of 
  Order; Parliamentary Inquiries.


  Sec. 35 . Debate on Amendments

      When general debate is closed in the Committee of the Whole, any 
  Member is allowed five minutes' debate on an amendment he offers, 
  after which the Member who first obtains the floor has five minutes in 
  opposition. Rule XXIII clause 5. Manual Sec. 870. These time 
  limitations do not apply, of course, where the measure is called up 
  pursuant to a special rule which requires that a different period of 
  time be devoted to debate. See Consideration and Debate.
      Where all time for debate on a section of a bill and amendments 
  thereto has expired, amendments may still be offered to the section, 
  but are voted on without debate, except in certain cases where a 
  Member has caused an amendment to be printed in the Record pursuant to 
  the House rules. Deschler Ch 27 Sec. 14.9. Limiting debate, see 
  Consideration and Debate.


  Sec. 36 . Withdrawal of Amendment

                       In the Committee of the Whole

      In the Committee of the Whole an amendment may not be withdrawn 
  except by unanimous consent. 5 Hinds Secs. 5221, 5753; 8 Cannon 
  Secs. 2465, 2859; Deschler Ch 27 Secs. 20.1 et seq. The House rules so 
  require. Rule XXIII clause 5(a). Manual Sec. 870. Thus, where a Member 
  has been recog-

[[Page 49]]

  nized by the Chairman to offer an amendment and the amendment has been 
  reported by the Clerk, unanimous consent is required to withdraw the 
  amendment. Deschler Ch 27 Sec. 20.4; 102-1, June 19, 1991, p ____. 
  However, unanimous consent is not required to withdraw an amendment 
  which is at the Clerk's desk but which has not been offered by the 
  Member. Deschler Ch 27 Sec. 20.5.
      Where a point of order is made or reserved against an amendment 
  and a unanimous-consent request is then made for the withdrawal of the 
  amendment, the Chair will first dispose of the unanimous-consent 
  request. 98-1, June 7, 1983, pp 14656, 14657.
      The withdrawal of an amendment by unanimous consent does not 
  preclude its being subsequently reoffered, and unanimous consent is 
  not required to reoffer the amendment if otherwise in order. Deschler 
  Ch 27 Sec. 20.10.

                               In the House

      Although unanimous consent to withdraw an amendment is required in 
  Committee of the Whole, in the House an amendment, whether simple or 
  in the nature of a substitute, may be withdrawn by the proponent at 
  any time before a decision is rendered thereon. 5 Hinds Sec. 5753; 
  Deschler Ch 27 Sec. 20; 93-1, June 26, 1973, pp 21305 et seq. The same 
  right to withdraw an amendment exists in the House as in Committee of 
  the Whole. Manual Sec. 777.


  Sec. 37 . Modification of Amendment

      The proponent of an amendment may modify or amend his own pending 
  amendment only by unanimous consent. Deschler Ch 27 Secs. 21.1-21.3; 
  92-2, Feb. 2, 1972, pp 2180-82; 99-1, Oct. 1, 1985, p 25453. However, 
  where there is pending an amendment and a substitute therefor, the 
  Member who offered the original amendment may also offer an amendment 
  to the substitute, as he is not thereby attempting to amend his own 
  amendment. Deschler Ch 27 Sec. 21.4.
      The modification of a pending amendment by its proponent should be 
  offered before the amendment is voted on. 95-2, July 12, 1978, p 
  20480. However, in one instance, pending a request for a recorded vote 
  following a voice vote on an amendment, the Committee of the Whole, by 
  unanimous consent, vacated the Chair's putting of the question on the 
  amendment so as to permit its modification. Deschler Ch 27 Sec. 21.7.
      The fact that a decision of the Chair is pending on a point of 
  order against an amendment does not necessarily preclude a request by 
  its proponent that it be modified. Deschler Ch 27 Sec. 21.6. However, 
  the Chair or

[[Page 50]]

  any Member may insist that a proposed modification be submitted in 
  writing (Deschler Ch 27 Sec. 21.8; 95-2, Apr. 26, 1978, p 11637) and 
  read by the Clerk (96-1, Oct. 18, 1979, p 28808).
      In the event of objection to a unanimous-consent request to modify 
  a pending amendment, any Member--other than the proponent of the 
  amendment--may offer a proper amendment in writing thereto. Deschler 
  Ch 27 Sec. 21.10. Indeed, a request to modify an amendment, when made 
  by a Member who is not the proponent thereof, is sometimes treated as 
  a motion to amend rather than as a unanimous-consent request. 99-1, 
  Dec. 5, 1985, pp 34730, 34731.


        F. Effect of Adoption or Rejection; Changes After Adoption


  Sec. 38 . In General; Effect of Adoption of Perfecting Amendment

                                 Generally

      It is fundamental that it is not in order to amend an amendment 
  previously agreed to. 8 Cannon Sec. 2856; Deschler Ch 27 Sec. 29.2; 
  89-2, Aug. 5, 1966, p 18411; 95-1, Sept. 23, 1977, p 30545. Once the 
  text of a bill has been perfected by amendment, the perfected text 
  cannot thereafter be amended. Deschler Ch 27 Sec. 29.8; 94-1, Oct. 9, 
  1975, p 32589. Likewise, when a perfecting amendment is agreed to, 
  further amendment of that amendment is not in order. 87-2, Apr. 18, 
  1962, p 6913. Similarly, the adoption of an amendment to a substitute 
  precludes further amendment to those portions of the substitute so 
  amended. 94-2, June 10, 1976, pp 17351, 17352.
      However, in order for an amendment to be ruled out of order on the 
  ground that its substance has already been passed on by the House, the 
  language thereof must be practically identical to that of the 
  proposition already acted on. 5 Hinds Sec. 5760; 8 Cannon Sec. 2839; 
  Deschler Ch 27 Sec. 29.1. The precedents do not preclude the offering 
  of an amendment merely because it is similar to, or achieves the same 
  effect as, an amendment previously agreed to. 98-1, May 4, 1983, pp 
  11046, 11052, 11056, 11059. While it is not in order to reinsert 
  precise language stricken by amendment, an amendment similar but not 
  identical to the stricken language may be offered if germane to the 
  pending portion of the bill. A simple change in substance in the words 
  sought to be inserted, such as changing the word ``shall'' to ``may,'' 
  allows the amendment to be offered. 96-1, Apr. 9, 1979, pp 7764, 7765.

[[Page 51]]

                          Effect of Inconsistency

      The Chair will not rule out an amendment as being inconsistent 
  with an amendment previously adopted, as the consistency of amendments 
  is a question for the House to determine by its vote on the amendment. 
  Deschler Ch 27 Sec. 29.23. It follows that an amendment is not subject 
  to a point of order that its provisions are inconsistent with a 
  section of the bill already considered under the five-minute rule. 
  Deschler Ch 27 Sec. 29.25. And an amendment in the form of a new 
  section to the bill may be offered notwithstanding its possible 
  inconsistency with an amendment previously adopted. Deschler Ch 27 
  Sec. 29.26.

            Amendments Negating Proposition Previously Adopted

      While the Committee of the Whole may not amend a section of a bill 
  already passed during the reading, it may adopt an amendment to a 
  later section which has the effect of negating the provisions of the 
  earlier section. 90-1, Nov. 9, 1967, p 31893; 90-1, Nov. 13, 1967, p 
  32253. And while the Committee may not strike out or change an 
  amendment previously agreed to, it may consider a subsequent amendment 
  which contradicts a proposition previously agreed to. Deschler Ch 27 
  Sec. 29.20.

                      Changes Following Amended Text

      The adoption of a perfecting amendment only precludes further 
  amendments changing the perfected text; amendments are in order which 
  add language to an unamended portion at the end of the amended text. 
  96-1, May 16, 1979, pp 11369, 11420. Likewise, the adoption of an 
  amendment inserting a new subsection in a bill does not preclude 
  consideration of another amendment inserting another new subsection 
  immediately thereafter which does not textually change the amendment 
  already agreed to. 94-2, Aug. 5, 1976, p 25776.

      Amendments Changing More Comprehensive Portion of Pending Text

      Although an amendment may not be offered to change only that 
  portion of the pending text which has been altered by amendment, a 
  further amendment changing a more comprehensive portion of the pending 
  text is in order. 95-2, May 1, 1978, p 11984. Thus, while it is not in 
  order to further amend an amendment previously agreed to, an amendment 
  encompassing a more comprehensive portion of the bill, including 
  original text not yet amended, is in order. 94-1, Apr. 23, 1975, p 
  11543; 96-1, May 2, 1979, p 9530. See also Deschler Ch 27 Sec. 29.9. 
  Similarly, it is in order to offer an amendment which strikes out 
  language changed by amendment as well as other matter and inserts 
  language which proposes substantive changes going beyond the

[[Page 52]]

  original amendment (96-1, July 31, 1979, p 21615), or strikes out 
  matter not only in the amendment previously agreed to but also in 
  additional portions of the pending bill. 94-1, Aug. 1, 1975, p 26947; 
  94-2, Apr. 28, 1976, p 11599.

                          Effect of Special Rule

      The general principle that an amendment may not be offered which 
  directly changes an amendment already agreed to does not apply where 
  the House has adopted a special rule permitting amendments to be 
  offered even if changing portions of amendments already agreed to. 
  Deschler Ch 27 Sec. 29.48.


  Sec. 39 . Adoption of Amendment as Precluding Motions to Strike

      It is not in order to offer an amendment merely striking out an 
  amendment previously agreed to. 94-1, Aug. 1, 1975, pp 26946, 26947. 
  For example, where by amendment a new paragraph or section has been 
  added to the text, it is not in order to offer an amendment that 
  merely strikes out that new paragraph or section. Deschler Ch 27 
  Sec. 30.10; 94-1, Apr. 23, 1975, p 11550.
      On the other hand, the adoption of a perfecting amendment to a 
  portion of the text of a bill does not preclude a vote on a pending 
  motion to strike out the entire text as amended. Deschler Ch 27 
  Sec. 30.4. Similarly, although a provision inserted by amendment may 
  not thereafter be stricken, a motion to strike more than the provision 
  previously inserted is in order. 86-2, June 22, 1960, pp 13874-80; 94-
  1, Apr. 23, 1975, p 11536; 94-1, Oct. 30, 1975, p 34415; see also 
  Deschler Ch 27 Sec. 30.7.
      While the adoption of an amendment changing all the text of a 
  section precludes a vote on a pending motion to strike out that 
  section, the motion to strike will still be voted on where the 
  perfecting amendment to the section changes some but not all of that 
  text. Deschler Ch 27 Sec. 30.3. However, in this situation another 
  perfecting amendment to strike out the remainder of the section not 
  yet perfected may be offered and voted on prior to the motion to 
  strike the entire section and, if adopted, the motion to strike the 
  section would then fall, the whole text having been changed. 94-1, 
  Sept. 29, 1975, pp 30772, 30773.
      The adoption of a perfecting amendment to part of a section does 
  not preclude a motion to strike out the section and insert new text. 
  Deschler Ch 27 Sec. 30.12. Similarly, the adoption of a perfecting 
  amendment inserting language at the end of a paragraph does not 
  preclude an amendment striking the entire perfected paragraph and 
  inserting new language. Deschler Ch 27 Sec. 30.15. But where a bill is 
  being read by sections, and committee amend-

[[Page 53]]

  ments adding new sections at the end of a bill have been adopted, an 
  amendment proposing to strike out a section of the original bill and 
  the new sections is not in order. 92-1, Mar. 10, 1971, pp 5856-58.


  Sec. 40 . Effect of Adoption of Motions to Strike

                     Adoption of Motion to Strike Out

      A motion to strike a section of a bill, if adopted by the 
  Committee of the Whole, strikes the entire section including a 
  provision that was added as a perfecting amendment to that section. 
  Adoption by the Committee of the amendment striking out the section 
  vitiates the Committee's prior adoption of perfecting amendments to 
  that section, and only the motion to strike out is reported to the 
  House. Deschler Ch 27 Secs. 31.1, 31.2. The bill returns to the form 
  as originally introduced upon rejection by the House of the amendment 
  reported from Committee. Deschler Ch 27 Sec. 31.3. Where an amendment 
  has been adopted striking out language in a bill, a perfecting 
  amendment to the stricken language comes too late and is not in order. 
  Deschler Ch 27 Sec. 31.9. Thus, where the Committee of the Whole has 
  adopted an amendment striking out several consecutive paragraphs in a 
  bill, an amendment proposing to insert language in a paragraph which 
  had been stricken comes too late. 93-1, July 16, 1973, pp 23970, 
  23983, 23984.
      While it is not in order to reinsert precise language stricken by 
  amendment, an amendment similar but not identical to the stricken 
  language may be offered if germane to the pending portion of the bill. 
  Deschler Ch 27 Sec. 31.6.

                Adoption of Motion to Strike Out and Insert

      If an amendment to strike out a portion of a bill and insert new 
  language is agreed to, a pending amendment proposing to strike out the 
  same portion falls and is not voted on. Deschler Ch 27 Secs. 31.11, 
  31.12; 96-1, Oct. 23, 1979, pp 29185, 29187. And when an amendment 
  striking out certain language and inserting other provisions has been 
  adopted, it is not in order to further amend the provisions so 
  inserted. Deschler Ch 27 Sec. 31.14; 87-1, May 16, 1961, pp 8117, 
  8120; 87-1, June 22, 1961, pp 11093-98, 11100-03.
      The adoption of a perfecting amendment to strike out and insert 
  does not preclude the offering of another amendment to strike out and 
  insert which goes beyond the changes made by the first amendment. 
  Deschler Ch 27 Sec. 31.18. Similarly, while it is not in order to 
  perfect or reinsert language which has been stricken, an amendment may 
  be offered to insert new language if it is germane to the bill and not 
  identical to the language stricken.

[[Page 54]]

  94-2, Sept. 2, 1976, p 28958. However, if a motion to strike out all 
  after the first word of text and insert a new provision is agreed to, 
  the language thus inserted cannot thereafter be amended. 88-2, Feb. 7, 
  1964, p 2489.


  Sec. 41 . Adoption of Amendment in Nature of Substitute

      Where an amendment in the nature of a substitute is agreed to, 
  further amendment is not in order. 88-2, Aug. 7, 1964, p 18608; see 
  also Deschler Ch 27 Secs. 32.1, 32.2. Since the stage of amendment is 
  passed, further amendments, including pro forma amendments for debate, 
  are not in order. 95-1, May 13, 1977, p 14622. Thus, absent a special 
  rule to the contrary, the adoption of an amendment in the nature of a 
  substitute precludes the offering of another. Deschler Ch 27 
  Sec. 32.4. Debate having been closed, adoption of the amendment causes 
  the stage of amendment to be passed and amendments--though printed in 
  the Congressional Record--cannot thereafter be offered to the bill. 
  Deschler Ch 27 Sec. 32.3.
      The adoption of an amendment in the nature of a substitute, as 
  amended by a substitute, precludes further amendment to the amendment 
  and to the bill. Deschler Ch 27 Sec. 32.8. When the substitute is 
  agreed to, the question recurs immediately on the amendment as amended 
  by the substitute, and further perfecting amendments to the amendment 
  (including ``pro forma'' amendments) are not then in order. 94-2, Feb. 
  5, 1976, p 2649; 96-2, Feb. 25, 1980, p 3628.


  Sec. 42 . Amendments Pertaining to Monetary Figures

      When a specific amendment to a monetary figure in a bill has been 
  agreed to, further amendment of that specific sum is not in order. 
  Deschler Ch 27 Secs. 33.1-33.3. The adoption of an amendment changing 
  a figure in a bill precludes the offering of a subsequent amendment 
  further changing that figure. 99-1, July 17, 1985, p 19444; 99-1, July 
  18, 1985, pp 19648, 19649, 19652; 104-1, Mar. 15, 16, 1995, p ____. 
  However, an amendment inserted following the figure agreed upon and 
  providing funds ``in addition thereto'' is in order. Deschler Ch 27 
  Sec. 33.13. An amendment adding a new section having the indirect 
  affect of changing amended amounts in the bill may also be in order. 
  99-1, July 31, 1985, p 21911.
      Where the Committee of the Whole has adopted an amendment changing 
  the total figure in a paragraph of an appropriation bill, it is not in 
  order to further amend such figure. Deschler Ch 27 Sec. 33.9.
      Although it is not in order to offer an amendment merely changing 
  an amendment already adopted, it is in order to offer a subsequent 
  amendment more comprehensive than the amendment adopted, changing 
  unamended

[[Page 55]]

  portions of the bill as well. Deschler Ch 27 Sec. 33.7 (note). Thus, 
  after adoption of amendments changing monetary figures in a bill, an 
  amendment making a general percentage reduction in all figures 
  contained in the bill and indirectly affecting those figures, is still 
  in order. Deschler Ch 27 Sec. 33.10. Likewise, the adoption of a 
  perfecting amendment to a concurrent resolution on the budget changing 
  several figures would preclude further amendment merely changing those 
  amended figures but would not preclude more comprehensive amendments 
  changing other portions of the resolution which had not been amended. 
  95-1, Apr. 27, 1977, p 12485.
      Although it may be in order to offer an amendment to the pending 
  portion of the bill that changes not only a provision already amended 
  but also an unamended pending portion of the bill, it is not in order 
  merely to amend a figure already amended. Manual Sec. 469. Even if the 
  amendment also changes other matter not already amended, where it is 
  drafted as though the earlier amendment had not been adopted, it is 
  still out of order. 104-1, Mar. 15, 1995, p ____.


  Sec. 43 . Effecting Changes by Unanimous Consent

      By unanimous consent, it is in order to amend an amendment which 
  has already been agreed to. Deschler Ch 27 Sec. 34.1. For example, the 
  Committee of the Whole may by unanimous consent:

     Permit consideration of amendments to change amendments 
         already adopted. 98-2, June 28, 1984, p 19948.
     Permit Members to offer amendments to change an amended figure 
         in an appropriation bill. Deschler Ch 27 Sec. 34.7.
     Permit an amendment which has been adopted to an amendment to 
         be considered as adopted, in identical form, to a pending 
         substitute for the amendment. 99-2, Aug. 5, 1986, pp 19107, 
         19108.
     Permit a modification of an amendment by its proponent. 96-2, 
         Jan. 29, 1980, pp 958-60.

      In one instance, the Committee of the Whole by unanimous consent 
  vacated the proceedings whereby it had agreed to an amendment, agreed 
  to an amendment to that amendment, and then adopted the original 
  amendment as amended. Deschler Ch 27 Sec. 34.2.


  Sec. 44 . Amendments Previously Considered and Rejected

                                 Generally

      It is not in order to offer an amendment identical to one 
  previously rejected. Deschler Ch 27 Secs. 35.1, 35.2. However, an 
  amendment that raises the same question by the use of different 
  language may be admissible.

[[Page 56]]

  Deschler Ch 27 Sec. 35. An amendment similar but not identical thereto 
  may be considered (Deschler Ch 27 Sec. 35.4) if a substantive change 
  has been made (Deschler Ch 27 Sec. 35.3). Rejection of an amendment 
  changing a figure in a bill does not preclude the offering of a 
  different amendment to that provision. 97-1, Nov. 18, 1981, p 28048.
      An amendment in different form may be entertained even though its 
  effect may be similar to that of the rejected amendment. Deschler Ch 
  27 Secs. 35.11, 35.13. See also 86-2, Mar. 21, 1960, p 6159; 90-1, 
  July 19, 1967, pp 19418, 19423; 94-1, Sept. 23, 1975, p 29841. Thus, 
  in one instance, after an amendment containing a limitation on the use 
  of funds in an appropriation bill had been rejected, the Chair held 
  that another amendment--containing a similar limitation and also 
  stating an exception from that limitation--was not an identical 
  amendment and could be offered. Deschler Ch 27 Sec. 35.18. Presiding 
  officers have been reluctant to rule out an amendment as dilatory 
  merely because of a similarity to one previously rejected. Deschler Ch 
  27 Sec. 35.7.
      A motion offered as a substitute for an amendment and rejected may 
  be offered again as a separate amendment. Deschler Ch 27 Sec. 35.8. 
  And a proposition offered as an amendment to an amendment and rejected 
  may be offered again, in identical form, as an amendment to the bill. 
  Deschler Ch 27 Sec. 35.9.
      A portion of a rejected amendment may be subsequently offered as a 
  separate amendment if presenting a different proposition. Thus, 
  rejection of an amendment consisting of two sections does not preclude 
  one of those sections being subsequently offered as a separate 
  amendment. 97-1, July 15, 1981, p 15899.

                       Rejection of Motion to Strike

      A motion to strike out certain language having been previously 
  rejected, it may not be offered a second time. Deschler Ch 27 
  Sec. 35.22. But a motion to strike out that language and insert a new 
  provision is in order. Deschler Ch 27 Sec. 35.23. Conversely, if the 
  motion to strike out and insert is rejected, the simple motion to 
  strike out is in order. Deschler Ch 27 Sec. 35.11.

                      Rejection of En Bloc Amendments

      Rejection of several amendments considered en bloc by unanimous 
  consent does not preclude their being offered separately at a 
  subsequent time. Deschler Ch 27 Sec. 35.15. It follows that where an 
  amendment to a figure in a bill considered en bloc with other 
  amendments has been rejected, no point of order lies against a 
  subsequent amendment to that figure which specifies

[[Page 57]]

  a different amount and which is offered as a separate amendment. 95-2, 
  Aug. 7, 1978, p 24702.


   G. House Consideration of Amendments Reported From Committee of the 
                                   Whole


  Sec. 45 . In General; Voting

                                 Generally

      Only amendments adopted in the Committee of the Whole are reported 
  to the House; and all amendments so reported stand on an equal footing 
  and must be voted on by the House (4 Hinds Sec. 4871), notwithstanding 
  inconsistencies among them (4 Hinds Sec. 4881), and are subject to 
  amendment in the House unless the previous question is ordered (8 
  Cannon Sec. 2419). Where it is in order to submit additional 
  amendments to the pending bill, the first question is on the 
  amendments reported from the Committee of the Whole. 4 Hinds 
  Sec. 4872.

                 Kinds of Amendments Reported to the House

      Some amendments adopted in the Committee are not reported to the 
  House. Pursuant to a practice originating in the Nineteenth Congress, 
  the Committee reports amendments only in their perfected form. 4 Hinds 
  Sec. 4904; Deschler Ch 27 Secs. 36.1 et seq. Thus, if the Committee of 
  the Whole perfects a bill by adopting certain amendments and then 
  adopts an amendment striking out those provisions and inserting a new 
  text, only the bill, as amended by the motion to strike out and 
  insert, is reported to the House. Deschler Ch 27 Secs. 36.5, 36.13. 
  Similarly, the adoption by the Committee of an amendment striking out 
  a section of a bill vitiates the Committee's prior adoption of 
  perfecting amendments to that section, so that only the motion to 
  strike out is reported to the House. 93-2, Feb. 5, 1974, pp 2078, 
  2079. But when the bill is being considered under a special rule 
  permitting separate consideration in the House of any amendments 
  adopted in the Committee, all amendments adopted in the Committee are 
  reported to the House, regardless of their inconsistency. Deschler Ch 
  27 Sec. 36.13.

                         Demanding a Separate Vote

      While it is a frequent practice for the House by unanimous 
  consent, to act at once--en grosse--on all the amendments to a bill 
  reported from the Committee of the Whole, it is the right of any 
  Member to demand a separate vote on any reported first degree 
  amendment. 4 Hinds Secs. 4893, 4894; 8 Cannon Sec. 2419. However, in 
  the absence of a special rule providing there-

[[Page 58]]

  for, a separate vote may not be had in the House on an amendment to an 
  amendment which has been adopted by the Committee of the Whole. 
  Deschler Ch 27 Sec. 36.6; 90-1, Sept. 12, 1967, p 25228; 90-2, July 
  16, 1968, p 21545. This principle precludes a separate vote in the 
  House on an amendment to an amendment in the nature of a substitute 
  adopted in the Committee. Deschler Ch 27 Sec. 36.8; 90-1, Oct. 18, 
  1967, p 29317. Since the Committee in reporting a bill with an 
  amendment to the House reports such amendment in its perfected form, 
  it is not in order in the House to have a separate vote upon each 
  perfecting amendment to the amendment that has been agreed to in the 
  Committee absent a special rule providing to the contrary. Deschler Ch 
  27 Sec. 36.
      A special rule may, of course, provide for separate votes on 
  second-degree amendments. Deschler Ch 27 Sec. 36. But where separate 
  votes are permitted, only those amendments reported to the House from 
  the Committee of the Whole are voted on; it is not in order to demand 
  a separate vote in the House on amendments rejected in the Committee. 
  Deschler Ch 27 Sec. 36.12. The House theoretically has no information 
  as to actions of the Committee of the Whole on amendments not reported 
  therefrom. Deschler Ch 27 Sec. 36.
      Where a special rule permits a demand in the House for a separate 
  vote on an amendment adopted to an amendment in the nature of a 
  substitute for a bill reported from the Committee of the Whole, the 
  Speaker inquires whether a separate vote is demanded before putting 
  the question on the amendment in the nature of a substitute. Deschler 
  Ch 27 Sec. 36.14. A Member must demand the separate vote before the 
  question is taken on the substitute. Deschler Ch 27 Sec. 36.18. A 
  demand in the House for a separate vote on an amendment to the 
  amendment comes too late after the amendment, as amended, has been 
  agreed to. Deschler Ch 27 Sec. 36.19.

                            En Bloc Amendments

      Where the Committee of the Whole reports a bill back to the House 
  with amendments, some of which were considered en bloc pursuant to a 
  special rule, the en bloc amendments may be voted on again en bloc on 
  a demand for a separate vote. Deschler Ch 27 Sec. 36.27. A separate 
  vote being demanded, the Chair puts the question separately on the 
  amendments en bloc in the House, where no Member demands a division of 
  the question. 96-1, Mar. 29, 1979, pp 6810, 6819. But another 
  amendment separately considered in Committee may not be voted on with 
  the en bloc amendments in the House (absent unanimous consent). 
  Deschler Ch 27 Sec. 36.27.
      Division of an amendment for voting, see Voting.

[[Page 59]]

                          Order of Consideration

      When demand is made for separate votes in the House on several 
  amendments adopted in the Committee of the Whole, such amendments are 
  read and voted on in the House in the order in which they appear in 
  the bill as reported from the Committee of the Whole--not in the order 
  in which agreed to in Committee or in which demanded in the House. 
  Deschler Ch 27 Secs. 36.16, 37.1. See also 93-1, July 19, 1973, pp 
  24959, 24965, 24966; 94-2, June 24, 1976, p 20424.
      When a special rule provides for a separate vote on an amendment 
  to an amendment in the nature of a substitute reported from the 
  Committee of the Whole, the vote first recurs on the amendment on 
  which the separate vote is demanded. Deschler Ch 27 Sec. 37.6. The 
  Speaker puts the question first on those amendments on which a 
  separate vote is demanded, then on the amendment, as amended. See 89-
  2, Oct. 6, 1966, pp 25585-87. But where a special rule prescribes the 
  order for consideration of amendments (with the bill being considered 
  as read) in the Committee of the Whole, then separate votes demanded 
  in the House on adopted amendments are taken in that same order, 
  regardless of the order in which the amendments may appear in the 
  bill. 103-1, Mar. 11, 1993, p ____; 103-1, Mar. 25, 1993, p ____.


  Sec. 46 . Effect of Rejection of Amendment

                                 Generally

      When the House rejects an amendment adopted in the Committee of 
  the Whole, the original text of the bill is before the House. Deschler 
  Ch 27 Sec. 38.1. Thus, if an amendment in the nature of a substitute 
  is reported from the Committee of the Whole and rejected by the House, 
  the original bill is before the House. Deschler Ch 27 Sec. 38.5. 
  Similarly, if an amendment striking out and inserting is reported from 
  the Committee of the Whole and rejected by the House, the language of 
  the original bill is before the House. Deschler Ch 27 Sec. 38.12; 95-
  2, Aug. 2, 1978, p 23955.

                     Rejection of Motion to Strike Out

      Where the Committee of the Whole adopts perfecting amendments to 
  language of a bill and then agrees to an amendment striking out that 
  language, only the latter amendment is reported to the House, and in 
  the event of its rejection in the House the original language, and not 
  the perfected text, is before the House. Deschler Ch 37 Secs. 38.3, 
  38.8. However, the practice may be otherwise where the House is 
  operating under a special rule allowing separate votes in the House on 
  any amendment adopted in the

[[Page 60]]

  Committee of the Whole. As indicated elsewhere (Sec. 45, supra), under 
  such a rule all amendments adopted in Committee to the amendment are 
  reported to the House regardless of their inconsistency; and the House 
  may retain a section as perfected in Committee of the Whole by first 
  adopting on separate votes the perfecting amendments to the section 
  and then rejecting on a separate vote the motion to strike that 
  section. Deschler Ch 27 Sec. 38.11 (note).


  Sec. 47 . Motions to Recommit With Instructions Pertaining to 
            Amendments

      The House may recommit a bill to committee with instructions to 
  report it back ``forthwith'' with an amendment. 5 Hinds Sec. 5545; 88-
  1, Dec. 16, 1963, pp 24757-59; 89-2, June 1, 1966, p 11905. In such 
  cases the chairman of the committee reports the amendment at once 
  without awaiting committee action. 5 Hinds Secs. 5545-5547. 
  Instructions to report ``forthwith'' accompanying a motion to recommit 
  must be complied with immediately. 87-1, Sept. 13, 1961, p 19208. 
  However, it is not in order to propose as instructions anything that 
  might not be proposed directly as an amendment (5 Hinds Secs. 5529-
  5541; 8 Cannon Sec. 2705), such as to eliminate an amendment already 
  adopted by the House (8 Cannon Sec. 2712), to propose an amendment 
  that is not germane to the bill (102-2, Sept. 23, 1992, p ____), or to 
  propose an amendment containing legislation or a limitation on a 
  general appropriation bill (94-2, Sept. 1, 1976, pp 28883-84; 101-1, 
  Aug. 1, 3, 1989, pp ____).
      A motion to recommit may not include instructions to modify any 
  part of an amendment previously agreed to by the House. 8 Cannon 
  Secs. 2720, 2721, 2740; Deschler Ch 27 Sec. 32.5. However, where a 
  bill is being considered under a special rule permitting a motion to 
  recommit ``with or without instructions,'' a motion to recommit may 
  include an amendment which changes an amendment already adopted by the 
  House (94-2, May 12, 1976, p 13537), even where the House has adopted 
  an amendment in the nature of a substitute (89-1, Sept. 29, 1965, p 
  25438). Generally, see Refer and Recommit.
      The rejection of an amendment in the Committee of the Whole does 
  not preclude the offering of the same amendment in the House in a 
  motion to recommit with instructions. Deschler Ch 27 Sec. 35.27.

[[Page 61]]

                   H. Amendments to Titles and Preambles


  Sec. 48 . In General

                              Amending Titles

      Amendments to the title of a bill are not in order until after 
  passage of the bill, and are then voted upon without debate. Deschler 
  Ch 24 Sec. 9.4; Deschler Ch 27 Sec. 19.1. Under Rule XIX (Manual 
  Sec. 822), the title of a bill can only be amended after the bill has 
  been passed, and an amendment in Committee of the Whole proposing an 
  amendment to the title is not in order. Deschler Ch 27 Sec. 19.4. 
  Committee amendments to the title of a bill are automatically reported 
  by the Clerk after passage of the bill, although an amendment to a 
  committee amendment to the title may be offered from the floor. 
  Deschler Ch 27 Sec. 19.6. See also 88-2, Jan. 21, 1964, p 759.

                  Amending Preambles of Joint Resolutions

      In the Committee of the Whole, amendments to the preamble of a 
  joint resolution are considered following disposition of any 
  amendments to the text. Deschler Ch 27 Sec. 19.7. That is, the body of 
  the resolution is first considered and then the preamble is considered 
  and perfected. 87-2, Oct. 5, 1962, p 22637. See also Deschler Ch 27 
  Sec. 19.8. In the House, an amendment to the preamble of a joint 
  resolution reported from Committee of the Whole is considered 
  following engrossment and prior to the third reading of the 
  resolution. 4 Hinds Sec. 3414; Deschler Ch 27 Sec. 19.9. See also 89-
  2, Oct. 7, 1966, p 25684.
      An amendment to the preamble of a Senate joint resolution is 
  considered after disposition of amendments to the text of the joint 
  resolution and pending the third reading. 97-1, Nov. 19, 1981, pp 
  28208, 28209.

          Amending Preambles of Simple or Concurrent Resolutions

      Amendments to the preamble of a simple or concurrent resolution 
  are considered and voted on in the Committee of the Whole after 
  amendments to the body of the resolution. Amendments to the preamble 
  of such a resolution are voted on in the House after the resolution 
  has been adopted. Deschler Ch 27 Secs. 19.11-19.13. See also 7 Cannon 
  Sec. 1064. In the House, the previous question is ordered separately 
  on the preamble after adoption of the resolution if amendments to the 
  preamble are offered. Deschler Ch 24 Sec. 9.9.

[[Page 62]]

                I. Amendments Containing Unfunded Mandates


  Sec. 49 . In General

      In the 104th Congress, Public Law No. 104-4 added new sections 425 
  and 426 of the Congressional Budget Act to permit points of order 
  against amendments increasing the direct costs of federal 
  intergovernmental mandates by an amount exceeding certain thresholds. 
  Those points of order against amendments are debatable for 20 minutes 
  and are thereafter disposed of, not by a ruling of the Chair, but by a 
  vote of the House or Committee of the Whole when the Chair states the 
  question of consideration on the amendment. Notwithstanding this 
  provision, it is always in order, unless specifically waived by terms 
  of a special rule, to move to strike any such federal mandate from the 
  portion of the bill then open to amendment. Rule XXIII clause 5(c).



[[Page 63]]

 
                                  APPEALS

  Sec. 1. In General; Forms
  Sec. 2. When in Order
  Sec. 3. When Not in Order
  Sec. 4. Debate on Appeal
  Sec. 5. Motions
  Sec. 6. Withdrawal
  Sec. 7. Effect of Adjournment
        Research References
          5 Hinds Secs. 6877, 6938-6952
          8 Cannon Secs. 3435, 3452-3458
          Manual Secs. 379, 624, 628, 637, 753, 803, 900

  Sec. 1 . In General; Forms

      The right to appeal from a decision of the Chair on a question of 
  order is derived from the English Parliament (Manual Sec. 379) and is 
  recognized under a rule (Rule I clause 4) of the House dating from 
  1789. Manual Sec. 624. This right of appeal, which may be invoked by 
  any Member, protects the House against arbitrary control by the 
  Speaker. 5 Hinds Sec. 6002.

      Member: I respectfully appeal from the decision of the Chair.
      Chair: The question is, shall the decision of the Chair stand as 
    the judgment of the House [or the Committee]?

      An appeal is debatable but is subject to the motions for the 
  previous question or to table in the House. Secs. 4, 5, infra. The 
  vote on the appeal may be taken by roll call. 98-2, June 26, 1984, p 
  18861. A majority vote sustains the ruling appealed from (101-1, Aug. 
  1, 1989, p ____), and the weight of precedent indicates that a tie 
  vote (especially where the Chair has not voted to make the tie) does 
  as well. (4 Hinds Sec. 4569; see also 5 Hinds Sec. 6957). The Chair 
  may vote to make or break a tie (4 Hinds Sec. 4569; 5 Hinds Sec. 5686) 
  and may cast a vote in favor of his own decision (5 Hinds Sec. 6956).
      An appeal from a ruling of the Chair goes only to the propriety of 
  the ruling; the vote thereon should not be interpreted as a vote on 
  the merits of the issue at hand. 102-1, June 26, 1991, p ____.

[[Page 64]]

  Sec. 2 . When in Order

      The right of appeal from decisions of the Speaker on questions of 
  order is specifically provided for by the House rules (Rule I clause 
  4). An appeal may also be taken from the ruling of the Chairman of the 
  Committee of the Whole on a question of order. 8 Cannon Secs. 3454, 
  3455; 95-1, June 7, 1977, p 17714; 96-1, May 16, 1979, p 1172. For 
  example, an appeal may be taken from a ruling of the Chair on the 
  germaneness of an amendment (98-2, June 26, 1984, p 18861) and has 
  been entertained on the question of whether a certain motion or 
  resolution gives rise to a question of privilege (99-1, Apr. 25, 1985, 
  p 9419; 104-1, Feb. 7, 1995, p ____). Decisions relating to the 
  priority of business are also subject to appeal. 5 Hinds Sec. 6952. It 
  has been held that an appeal is in order during a call of the House. 6 
  Cannon Sec. 681.


  Sec. 3 . When Not in Order

      The Speaker's decision on a question of order is not subject to an 
  appeal if the decision is one which falls within the discretionary 
  authority of the Chair. Rulings on questions involving vote counts, 
  for example, traditionally fall within this category. Thus, the 
  Chair's count of Members standing to support a demand for a recorded 
  vote under Rule I clause 5 is not subject to challenge by appeal (94-
  2, June 24, 1976, p 20391). No appeal lies from the Speaker's count of 
  the House to determine whether one-fifth of those Members present have 
  risen to order the yeas and nays (95-2, Sept. 12, 1978, p 28949), from 
  the Chair's call of a voice vote, or from the Chair's count of a 
  quorum (93-2, July 24, 1974, p 25012).
      Similarly, because the Chair is exercising discretionary 
  authority, no appeal lies from:

     Responses to parliamentary inquiries. 5 Hinds Sec. 6955; 8 
         Cannon Sec. 3457.
     Decisions on recognition. 2 Hinds Secs. 1425-1428; 8 Cannon 
         Secs. 2429, 2646, 2762; 102-2, Feb. 27, 1992, p ____.
     Decisions on dilatoriness of motions. 5 Hinds Sec. 5731; 
         Manual Sec. 803.
     Decisions refusing a recapitulation of a vote. 8 Cannon 
         Sec. 3128.

      An appeal from a ruling of the Chair declining to consider the 
  question of the constitutionality of a provision is not in order. The 
  question of the constitutionality of a provision in a pending measure 
  is a matter for the House to determine by its vote on the merits, 
  rather than by voting on a possible appeal from the Chair's decision 
  declining to rule on that constitutional issue. 93-1, May 10, 1973, pp 
  15290, 15291.

[[Page 65]]

                       Appeals Changing a House Rule

      An appeal from a ruling of the Chair is not in order if the effect 
  of the appeal, if sustained, would be to change a rule of the House, 
  the operative rule allowing the Chair no discretionary or interpretive 
  authority. Thus, the Speaker's refusal under Rule XV clause 6(e) to 
  entertain a point of order of no quorum when a pending question has 
  not been put to a vote is not subject to an appeal, since that rule 
  contains an absolute and unambiguous prohibition against such a point 
  of order; to allow an appeal in such a case would permit a direct 
  change in the rule itself. 95-1, Sept. 16, 1977, p 29594.

                             Untimely Appeals

      An appeal is not in order if it is dilatory (8 Cannon Sec. 2822) 
  or if it is untimely. An appeal is not in order:

     While another appeal is pending. 5 Hinds Secs. 6939-6941.
     On a question on which an appeal has just been decided. 4 
         Hinds Sec. 3036; 5 Hinds Sec. 6877.
     During a call of the yeas and nays. 5 Hinds Sec. 6051.
     Between the motion to adjourn and vote thereon. 5 Hinds 
         Sec. 5361.


  Sec. 4 . Debate on Appeal

      Appeals are customarily subject to debate, both in the House and 
  the Committee of the Whole (8 Cannon Secs. 3453-3455), with 
  recognition being at the discretion of the Chair (8 Cannon Sec. 2347). 
  However, debate is not in order on an appeal from a ruling of the 
  Chair on the priority of business (5 Hinds Sec. 6952) or on a ruling 
  as to the relevancy of discussion on the floor (5 Hinds Secs. 5056-
  5063).
      Debate in the House on an appeal is under the hour rule, but may 
  be closed at any time by the adoption of a motion for the previous 
  question or to lay on the table. Manual Sec. 628. Debate on an appeal 
  in the Committee of the Whole is under the five-minute rule (8 Cannon 
  Secs. 2347, 3454, 3455), and may be closed by motion to close debate 
  or to rise and report. 5 Hinds Secs. 6947, 6950; 8 Cannon Sec. 3453.
      Members may speak but once on appeal, unless by permission of the 
  House (Manual Sec. 624), the Chair alternating between those favoring 
  and those opposing. 8 Cannon Sec. 3455.
      It is not in order in debating an appeal to discuss the merits of 
  the proposition under consideration at the time the decision was made. 
  5 Hinds Sec. 5055.

[[Page 66]]

  Sec. 5 . Motions

      After argument is heard on an appeal, a motion to lay the appeal 
  on the table is in order. If the motion is adopted, the appeal is 
  disposed of adversely (92-1, July 7, 1971, p 23810) and the ruling of 
  the Speaker is sustained. 102-2, June 16, 1992, p ____. Thus, an 
  appeal from the Speaker's decision--that a resolution did not present 
  a question of the privileges of the House--has been laid on the table. 
  93-2, June 27, 1974, pp 21596-98. And the House has tabled a motion to 
  reconsider the vote whereby an appeal from a decision of the Chair was 
  laid on the table. 90-2, Oct. 8, 1968, pp 30214-16. An appeal in 
  Committee of the Whole may not be laid on the table, since that motion 
  does not lie in the Committee. 4 Hinds Sec. 4719.
      Other motions that may be offered pending an appeal include:

     A motion to postpone the appeal to a day certain (in the 
         House). 8 Cannon Sec. 2613.
     A motion for the previous question (in the House). 5 Hinds 
         Sec. 6947.
     A motion to close or limit debate (in the Committee of the 
         Whole). 5 Hinds Secs. 6947, 6950.
     A motion that the Committee rise and report to the House. 8 
         Cannon Sec. 3453.


  Sec. 6 . Withdrawal

      An appeal may be withdrawn at any time before action thereon by 
  the House. 5 Hinds Sec. 5354. An appeal can be withdrawn before the 
  question is put on a motion to lay the appeal on the table. See 90-1, 
  Nov. 28, 1967, p 34032. Ordering the yeas and nays on a motion to lay 
  an appeal on the table has been held sufficient House action as to 
  preclude withdrawal. 5 Hinds Sec. 5354.


  Sec. 7 . Effect of Adjournment

      An appeal pending at adjournment at the end of the day ordinarily 
  comes up for consideration on the next legislative day. 5 Hinds 
  Sec. 6945. However, an appeal pending at adjournment on a day set 
  apart for Private Calendar business and related to private business 
  goes over to the next day provided for consideration of business on 
  the Private Calendar. Where the House has adjourned and reconvened to 
  meet again on the same calendar day and the call of the Private 
  Calendar is still in order, the appeal comes up as unfinished 
  business. See 97-1, Nov. 17, 1981, pp 27772, 27773.



[[Page 67]]

 
                              APPROPRIATIONS

                              I. Introductory

  Sec.  1. In General; Constitutional Background
  Sec.  2. Power to Originate Appropriation Bills; House and Senate 
  Roles
  Sec.  3. Definitions; Kinds of Appropriation Measures
  Sec.  4. Committee and Administrative Expenses
  Sec.  5. Authorization, Appropriation, and Budget Processes 
  Distinguished

                      II. General Appropriation Bills

              A. Introductory

  Sec.  6. Background; What Constitutes a General Appropriation Bill
  Sec.  7. The Restrictions of Rule XXI Clause 2
  Sec.  8. Committee Jurisdiction and Functions
  Sec.  9. Duration of Appropriation

              B. Authorization of Appropriation

  Sec. 10. In General; Necessity of Authorization
  Sec. 11. Duration of Authorization
  Sec. 12. Sufficiency of Authorization
  Sec. 13. Proof of Authorization; Burden of Proof
  Sec. 14. Increasing Budget Authority

              C. Authorization for Particular Purposes or Programs

  Sec. 15. In General
  Sec. 16. Agricultural Programs
  Sec. 17. Programs Relating to Business or Commerce
  Sec. 18. Defense Programs
  Sec. 19. Funding for the District of Columbia
  Sec. 20. Interior or Environmental Programs
  Sec. 21. Programs Relating to Foreign Affairs
  Sec. 22. Legislative Branch Funding
  Sec. 23. Salaries and Related Benefits

              D. Authorization for Public Works

  Sec. 24. In General

[[Page 68]]

  Sec. 25. Works in Progress
  Sec. 26. -- What Constitutes a Work in Progress

   III. Legislation in General Appropriation Bills; Provisions Changing 
                               Existing Law

              A. Generally

  Sec. 27. The Restrictions of Rule XXI Clause 2
  Sec. 28. Changing Existing Law by Amendment, Enactment, or Repeal; 
  Waivers
  Sec. 29. Imposing Contingencies and Conditions
  Sec. 30. -- Conditions Requiring Reports to, or Action by, Congress
  Sec. 31. -- Conditions Imposing Additional Duties
  Sec. 32. Language Describing, Construing, or Referring to Existing Law
  Sec. 33. Particular Propositions as Legislation

              B. Changing Prescribed Funding

  Sec. 34. In General
  Sec. 35. Affecting Funds in Other Acts
  Sec. 36. Transfer of Funds-- Within Same Bill
  Sec. 37. -- Transfer of Previously Appropriated Funds
  Sec. 38. Making Funds Available Prior to, or Beyond, Authorized Period
  Sec. 39. Funds ``To Remain Available Until Expended''
  Sec. 40. Reimbursements of Appropriated Funds

              C. Changing Executive Duties or Authority

  Sec. 41. In General; Requiring Duties or Determinations
  Sec. 42. Burden of Proof
  Sec. 43. Altering Executive Authority or Discretion
  Sec. 44. Mandating Studies or Investigations
  Sec. 45. Granting or Changing Contract Authority

              D. The Holman Rule; Retrenchments

  Sec. 46. In General; Retrenchment of Expenditures
  Sec. 47. Germaneness Requirements; Application to Funds in Other Bills
  Sec. 48. Reporting Retrenchment Provisions
  Sec. 49. Floor Consideration; Who May Offer

[[Page 69]]

              IV. Limitations on General Appropriation Bills

  Sec. 50. In General; When in Order
  Sec. 51. Limitations on Amount Appropriated
  Sec. 52. Limitations on Particular Uses
  Sec. 53. Interference With Executive Discretion
  Sec. 54. Imposing Duties or Requiring Determinations
  Sec. 55. -- Duties Relating to Construction or Implementation of Law
  Sec. 56. Conditional Limitations
  Sec. 57. Exceptions to Limitations
  Sec. 58. Limitations as to Recipients of Funds
  Sec. 59. Limitations on Funds in Other Acts

                            V. Reappropriations

  Sec. 60. In General

                  VI. Reporting; Consideration and Debate

              A. Generally

  Sec. 61. Privileged Status; Voting
  Sec. 62. When Bills May Be Considered
  Sec. 63. Debate; Consideration of Amendments
  Sec. 64. -- Limitation Amendments; Retrenchments
  Sec. 65. Points of Order-- Reserving Points of Order
  Sec. 66. -- Timeliness
  Sec. 67. -- Points of Order Against Particular Provisions
  Sec. 68. -- Waiving Points of Order
  Sec. 69. Amending Language Permitted to Remain

              B. Senate Amendments

  Sec. 70. In General
  Sec. 71. Authority of Conference Managers

                 VII. Nonprivileged Appropriation Measures

  Sec. 72. In General; Continuing Appropriations
  Sec. 73. Supplemental Appropriations
  Sec. 74. Appropriations for a Single Agency
  Sec. 75. Consideration

[[Page 70]]

                 VIII. Appropriations in Legislative Bills

  Sec. 76. In General
  Sec. 77. What Constitutes an Appropriation in a Legislative Bill
  Sec. 78. Points of Order; Timeliness
  Sec. 79. -- Directing Points of Order Against Objectionable Language
        Research References
          U.S. Const. art. I Sec. 7
          U.S. Const. art. I Sec. 9
          4 Hinds Secs. 3553-4018
          7 Cannon Secs. 1116-1720
          7 Deschler Chs 25, 26
          Manual Secs. 143, 671a, 671b, 694c, 726, 834-848, 1007-1012

                              I. Introductory


  Sec. 1 . In General; Constitutional Background

      The source of the congressional power to appropriate is found in 
  the Constitution. Article I (Sec. 7 clause 1) provides that no money 
  ``shall be drawn from the Treasury'' but in consequence of 
  appropriations made by law. U.S. Const. art. I Sec. 9 clause 7. 
  Appropriation bills are the device through which money is permitted to 
  be ``drawn from the Treasury'' for expenditure. Deschler Ch 25 Sec. 2.
      This constitutional provision is construed as giving Congress 
  broad powers to appropriate money in the Treasury and as a strict 
  limitation on the authority of the executive branch to exercise this 
  function. The Supreme Court has recognized that Congress has a wide 
  discretion with regard to the details of expenditures for which it 
  appropriates funds and has approved the frequent practice of making 
  general appropriations of large amounts to be allotted and expended as 
  directed by designated government agencies. Cincinnati Soap Co. v 
  United States, 301 US 308, 322 (1937).


  Sec. 2 . Power to Originate Appropriation Bills; House and Senate 
            Roles

      Under the Constitution, it is exclusively the prerogative of the 
  House to originate ``revenue'' bills. Article I Sec. 7 clause 1 
  provides:
      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.

      The House has traditionally taken the view that this prerogative 
  encompasses the sole power to originate all general appropriation 
  bills. Deschler

[[Page 71]]

  Ch 25 Sec. 13. (And on more than one occasion the House has returned 
  to the Senate a Senate bill or joint resolution appropriating money on 
  the ground that it invaded the prerogatives of the House. Deschler Ch 
  13 Secs. 20.2, 20.3.) In 1962, when the Senate passed a joint 
  resolution continuing funds for the Department of Agriculture, the 
  House passed a resolution declaring that the Senate's action violated 
  Article I Sec. 7 of the Constitution and was an infringement of the 
  privileges of the House. Deschler Ch 13 Sec. 20.2. In support of the 
  view that the House has the sole power to originate appropriation 
  bills, it has been noted that at the time of the adoption of the 
  Constitution the phrase ``raising revenue'' was equivalent to 
  ``raising money and appropriating the same.'' The Supply Bills. S. 
  Doc. No. 872, 62d Cong. 1st Sess.


  Sec. 3 . Definitions; Kinds of Appropriation Measures

                                 Generally

      An appropriation is a provision of law that provides budget 
  authority for federal agencies to incur obligations. ``Budget 
  authority'' means the authority provided by law to incur financial 
  obligations as defined by the Congressional Budget Act of 1974, 
  Sec. 3(2)(A).
      An appropriation act is the most common means of providing budget 
  authority. Deschler Ch 25 Sec. 2. It has been held that language which 
  authorizes the Secretary of the Treasury to use the proceeds of 
  public-debt issues for the purposes of making loans is not an 
  appropriation. Deschler Ch 25 Sec. 4.43.

                        Types of Appropriation Acts

      The principal types of appropriation acts are general, 
  supplemental, special, and continuing.

     General appropriation bills provide budget authority to 
         agencies, usually for a specified fiscal year. Today, there are 
         13 regular appropriation acts for each fiscal year. See Sec. 6, 
         infra.
     A supplemental appropriation is an act appropriating funds in 
         addition to those in the 13 regular annual appropriation acts. 
         Supplemental appropriations provide additional budget authority 
         beyond the original estimates for an agency or program. Such a 
         bill may be used after the fiscal year has begun to provide 
         additional funding. Supplemental bills may also be ``general'' 
         bills within the meaning of Rules XI and XXI if covering more 
         than one agency. See Sec. 73, infra.

[[Page 72]]

     A special appropriation provides funds for one government 
         agency, program or project. See Sec. 74, infra.
     Continuing appropriations--also known as continuing 
         resolutions--provide temporary funding for agencies or programs 
         that have not received a regular appropriation by the start of 
         the fiscal year. They are used to permit agencies to continue 
         to function and to operate their programs until their regular 
         appropriations become law. Continuing resolutions are usually 
         of short duration, but they have been used to fund agencies or 
         departments for an entire fiscal year. See Sec. 72, infra.

         Privileged and Nonprivileged Appropriations Distinguished

      The term ``general appropriation bill'' is used to refer to those 
  bills which may be reported at any time and are privileged for 
  consideration. See Sec. 6, infra. A joint resolution continuing 
  appropriations may also be reported and called up as privileged if 
  reported after September 15 preceding the beginning of the fiscal year 
  for which it is applicable. Sec. 72, infra. Other continuing 
  appropriation measures, and special appropriation bills, are not 
  privileged and are therefor considered under other procedures which 
  give them privilege--such as a unanimous-consent agreement, a special 
  order reported from the Committee on Rules, or under suspension. 
  Deschler Ch 25 Secs. 6, 7.
      To file a report on a general appropriation bill, a member of the 
  Committee on Appropriations seeks recognition and presents the report 
  as folows:

      The Member: Mr. Speaker, by direction of the Committee on 
    Appropriations, I submit the report on the bill making 
    appropriations for the Departments of  __________ for printing under 
    the rule.
      The Speaker: The report is referred to the Union Calendar and 
    ordered printed.


  Sec. 4 . Committee and Administrative Expenses

                                 Generally

      Funding for House committees is provided by resolutions, which 
  allocate resources made available to the House in certain accounts in 
  annual Legislative Branch Appropriation Acts. Authorization for 
  payment may be obtained pursuant to House Rule XI clause 5, which 
  provides detailed provisions for the consideration of a primary 
  expense resolution and for subsequent supplemental expense 
  resolutions. With the exception of the Appropriations Committee, the 
  rule applies to ``any committee, commission or other entity.'' Manual 
  Sec. 732a. Generally, see Committees.
      The authority of all committees to incur expenses, including 
  travel expenses, is made contingent upon adoption by the House of 
  resolutions re-

[[Page 73]]

  ported pursuant to this rule. See clause 1(b), Rule XI. The rule was 
  amended in 1977 to extend its applicability to committees and entities 
  other than standing committees. H. Res. 988, 93d Cong.
      Appropriations from accounts for salaries and other administrative 
  expenses of the House are under the jurisdiction of the Committee on 
  House Oversight. Rule X clause 1(h). Manual Sec. 677a. A resolution 
  reported by that committee providing for such an expenditure is called 
  up as privileged. Rule XI clause 4(a). Such a resolution, if not 
  formally reported by the committee, may be called up and agreed to by 
  unanimous consent. 94-1, Jan. 23, 1975, pp 1160, 1161.


  Sec. 5 . Authorization, Appropriation, and Budget Processes 
            Distinguished

      There are three phases in the complex process by which Congress 
  allocates the fiscal resources of the federal government. There is an 
  authorization process under which federal programs are created, 
  amended and extended in response to national needs. There is an 
  appropriations process which provides funding for these programs. The 
  congressional budget process, which may place spending ceilings on 
  budget authority and outlays for a fiscal year and otherwise provides 
  a mechanism for allocating federal resources among competing 
  government programs, interacts with and shapes both of the other 
  phases. The budget process is treated separately in this work.
      In the authorization phase, the legislative committees establish 
  program objectives and may set dollar ceilings on the amounts that may 
  be appropriated. Once this authorization stage is complete for a 
  particular program or department, the Appropriations Committee 
  recommends the actual level of ``budget authority,'' which allows 
  federal agencies to enter into obligations. Occasionally, with the 
  consent of the House, the appropriation process precedes the 
  authorization phase. Special orders reported from the Committee on 
  Rules are often utilized to expedite floor consideration of 
  appropriation bills. The House may decline to appropriate funds for 
  particular purposes, even though authorization has been enacted. 
  Deschler Ch 25 Sec. 2.1.
      As a general rule, these two stages should be kept separate. With 
  certain exceptions, authorization bills should not contain 
  appropriations (Sec. 76, infra), and, again with certain exceptions, 
  appropriation bills should not contain authorizations (Secs. 27 et 
  seq., infra). This general rule is complicated by the fact that some 
  budget authority becomes available as the result of previously enacted 
  legislation and does not require current action by Congress. Examples 
  include the various trust funds for which the obligational authority

[[Page 74]]

  is already provided in basic law. Sec. 9, infra. In addition some 
  spending, sometimes referred to as direct spending, is controlled 
  outside of the annual appropriations process. It is composed of 
  entitlement and other mandatory spending programs. Such programs are 
  generally funded by provisions of the permanent laws that created 
  them. See Budget Process. Moreover, the authorization for a program 
  may be derived not from a specific law providing authority for that 
  particular program but from more general existing law--``organic'' 
  law--mandating or permitting such programs. Thus, a paragraph in a 
  general appropriation bill purportedly containing funds not yet 
  specifically authorized by separate legislation was upheld where it 
  was shown that all of the funds in the paragraph were authorized by 
  more general provisions of law currently applicable to the programs in 
  question. 95-2, June 8, 1978, p 16778.

                      II. General Appropriation Bills


                              A. Introductory


  Sec. 6 . Background; What Constitutes a General Appropriation Bill

      Today, much of the federal government is funded through the annual 
  enactment of 13 regular appropriations bills. The subjects of these 
  bills are determined by and coincide with the subcommittee 
  jurisdictional structure of the Committee on Appropriations. Typically 
  the 13 regular appropriations bills are identified as:

     Agriculture, Rural Development and related agencies
     Commerce, Justice, State, and Judiciary and related agencies
     Defense Department
     District of Columbia
     Energy and Water Development
     Foreign Operations, Export Financing, and related programs
     Interior Department and related agencies
     Labor-HHS-Education Departments and related agencies
     Legislative Branch
     Military Construction
     Transportation Department and related agencies
     Treasury, Postal Service, and general government
     Veterans' Affairs, Housing and Urban Development, Independent 
         Agencies

      The question as to just what constitutes a general appropriations 
  bill is important because the rule against inclusion of substantive 
  legislation in appropriation measures (see Sec. 27, infra) applies 
  only to ``general'' appropria-

[[Page 75]]

  tion bills. Deschler Ch 26 Sec. 1.1; Manual Sec. 835. And the 
  requirement that unauthorized appropriations or ``legislative'' 
  provisions not be in order in an appropriation bill applies only to 
  ``general'' appropriation bills. Deschler Ch 25 Sec. 2. In the House, 
  the 13 regular appropriation bills and measures providing supplemental 
  appropriations to two or more agencies are general appropriations 
  bills. Deschler Ch 25 Sec. 6; Deschler Ch 26 Sec. 1.3.
      Measures which have been held not to constitute a general 
  appropriation bill include:

     A joint resolution continuing appropriations for government 
         agencies pending enactment of the regular appropriation bills. 
         Deschler Ch 26 Sec. 1.2.
     A joint resolution making supplemental appropriations for one 
         agency. Deschler Ch 25 Sec. 7.4.
     A joint resolution making an appropriation to a department for 
         a specific purpose. 92-1, Aug. 4, 1971, p 29384.
     Bills providing special appropriations for specific purposes. 
         8 Cannon Sec. 2285.
     A joint resolution providing an appropriation for a single 
         government agency and permitting transfer of a portion of those 
         funds to another agency. 96-1, Oct. 25, 1979, pp 29627, 29628.
     A joint resolution reported from the Committee on 
         Appropriations transferring appropriated funds from one agency 
         to another. 96-2, Mar. 26, 1980, pp 6716, 6717.
     A joint resolution transferring unobligated balances to the 
         President to be available for specified purposes but containing 
         no new budget authority. 100-2, Mar. 3, 1988, pp 3235-39.
     A bill making supplemental appropriation for emergency 
         construction of public works. 7 Cannon Sec. 1122.


  Sec. 7 . The Restrictions of Rule XXI Clause 2

                                 Generally

      Rule XXI clause 2 contains two restrictions relative to 
  appropriations bills: it (1) prohibits the inclusion in general 
  appropriation bills of ``unauthorized'' appropriations, except for 
  works-in-progress, and (2) prohibits provisions ``changing existing 
  law''--usually referred to as ``legislation on an appropriation 
  bill''--except for provisions that retrench expenditures under certain 
  conditions, and except for rescissions of amounts provided in 
  appropriation acts reported by the Appropriations Committee. Manual 
  Sec. 834. The ``retrenchment'' provision is known as the Holman rule, 
  and is discussed in Sec. 46, infra.
      In practice, the concepts ``unauthorized appropriations'' and 
  ``legislation on general appropriation bills'' sometimes have been 
  applied almost interchangeably as grounds for making points of order 
  pursuant to Rule XXI

[[Page 76]]

  clause 2. This occurs because an appropriation made without prior 
  authorization has, in a sense, the effect of legislation, particularly 
  in view of rulings of long standing (Sec. 28, infra) that a 
  ``proposition changing existing law'' may be construed to include the 
  enactment of a law where none exists. Deschler Ch 26 Sec. 1. The two 
  concepts are treated separately in this article, however, because they 
  derive from different paragraphs of clause 2, Rule XXI and constitute 
  distinct restrictions on the authority of the Committee on 
  Appropriations.

                            Enforcement of Rule

      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, on the raising of a point of 
  order, may rule out any portion of the bill in conflict with the rule. 
  4 Hinds Sec. 3811; Manual Sec. 835. Because portions of the bill thus 
  stricken are not reported back to the House, clause 8, Rule XXI was 
  added in the 104th Congress to empower the Committee of the Whole to 
  strike offending provisions without Members needing to reserve points 
  of order in the House. The enforcement of the rule also occurs in the 
  House, since a motion to recommit a general appropriation bill may not 
  propose an amendment in violation of the rule. Deschler Ch 26 
  Sec. 1.4; 101-1, Aug. 1, 1989, p 17159; 101-1, Aug. 3, 1989, p 18546. 
  It should be stressed, however, that the House may, through various 
  procedural devices, waive one or both requirements of the rule, and 
  thereby preclude the raising of such points of order against 
  provisions in the bill. Sec. 68, infra.


  Sec. 8 . Committee Jurisdiction and Functions

                                 Generally

      Today, under Rule X clause 1 the House Committee on Appropriations 
  has jurisdiction over all appropriations, including general 
  appropriation bills. Manual Sec. 671b. And special Presidential 
  messages on rescissions and deferrals of budget authority submitted 
  pursuant to Sec. 1012 and Sec. 1013 of the Impoundment Control Act of 
  1974, as well as rescission bills as defined in Sec. 1011, are 
  referred to the Committee on Appropriations if the proposed 
  rescissions or deferrals involve funds already appropriated or 
  obligated. Manual Sec. 671b. Impoundments generally, see Budget 
  Process.
      Under the Congressional Budget Act of 1974, the committee was 
  given jurisdiction over rescissions of appropriations, transfers of 
  unexpended balances, and the amount of new spending authority to be 
  effective for a fiscal year. See Rule X clause 1(b). Manual Sec. 671b.

[[Page 77]]

                             Committee Reports

      A report from the Appropriations Committee accompanying any 
  general appropriation bill must contain a concise statement describing 
  fully the effect of any provision of the accompanying bill which 
  directly or indirectly changes the application of existing law. Rule 
  XXI clause 3. Manual Sec. 844b. Provisions in the bill which are 
  described in the report as changing existing law are presumed to be 
  legislation in violation of clause 2(c) of Rule XXI, absent rebuttal 
  by the committee. 98-2, May 31, 1984, p 14591. The rules further 
  require that such reports contain a list of appropriations in the bill 
  for expenditures not previously authorized by law. Rule XXI clause 3, 
  as amended in 1995.


  Sec. 9 . Duration of Appropriation

                           Annual Appropriations

      The most common form of appropriation provides budget authority 
  for a single fiscal year. All of the 13 regular appropriations bills, 
  for example, are annual, although certain accounts may ``remain 
  available until expended.'' Where a bill provides budget authority for 
  a single fiscal year, the funds have to be obligated during the fiscal 
  year for which they are provided; they lapse if not obligated by the 
  end of that year. Indeed, unless an act provides that a particular 
  fund shall be available beyond the fiscal year, appropriations are 
  made for one year only and any unused funds automatically go back into 
  the Treasury at the end of the current fiscal year. Norcross v U.S., 
  1958, 142 Ct.Cl. 763.
      An appropriation in a regular appropriation law may be construed 
  to be permanent or available continuously only if the appropriation 
  expressly provides that it is available after the fiscal year covered 
  by the law in which it appears, or unless the appropriation is for 
  certain purposes such as public buildings. 31 USC Sec. 1301.
      The fiscal year for the federal government begins on October 1 and 
  ends on September 30. The fiscal year is designated by the calendar 
  year in which it ends.

                         Multi-year Appropriations

      A multi-year appropriation is made when budget authority is 
  provided in an appropriations act that is available for a specified 
  period of time in excess of one fiscal year.

[[Page 78]]

                         Permanent Appropriations

      A permanent appropriation is budget authority that becomes 
  available as the result of previously-enacted legislation and which 
  does not require current action by Congress. Examples include the 
  appropriations for compensation of Members of Congress (Pub. L. No. 
  97-51, Sec. 130(c)), and the various trust funds for which the 
  obligational authority is already provided in basic law. 
  Appropriations, Budget Estimates, Etc., S. Doc. No. 100-23, pp 2329, 
  2366.


                     B. Authorization of Appropriation


  Sec. 10 . In General; Necessity of Authorization

                                 Generally

      The current House rule prohibits the inclusion in general 
  appropriation bills of ``unauthorized'' appropriations, except for 
  ``public works and objects'' already under way. Rule XXI clause 2(a). 
  Manual Sec. 834. Thus, any Member may make a point of order on the 
  House floor to prevent consideration of an unauthorized appropriation 
  (Sec. 67, infra), although the House frequently waives the enforcement 
  of the rule (Sec. 68, infra).

                  Authorization to Precede Appropriation

      The enactment of authorizing legislation must occur prior to, and 
  not following, the consideration of an appropriation for the proposed 
  purpose. Thus, delaying the availability of an appropriation pending 
  enactment of an authorization will not protect that appropriation 
  against a point of order. Deschler Ch 26 Sec. 7.3. A bill may not 
  permit a portion of a lump sum--unauthorized at the time the bill is 
  being considered--to subsequently become available; a further 
  appropriation upon the enactment of authorizing legislation would be 
  needed. Deschler Ch 25 Sec. 2. Likewise an appropriation will not be 
  permitted which is conditioned on a future authorization. Deschler Ch 
  26 Secs. 7.2, 47.4. But where lump sums are involved, language which 
  limits use of an appropriation to programs ``authorized by law'' or 
  which permits expenditures ``within the limits of the amount now or 
  hereafter authorized to be appropriated,'' has been held to insulate 
  the bill against the point of order. Deschler Ch 26 Sec. 7.10 (note).
      The requirement that the authorization precede the appropriation 
  is satisfied if the authorizing legislation has been enacted into law 
  between the time the appropriation bill is reported and the time it is 
  considered in the Committee of the Whole. Deschler Ch 25 Sec. 2.21.

[[Page 79]]

      It should be emphasized that the rule applies to ``general'' 
  appropriation bills. A joint resolution containing continuing 
  appropriations is not considered a general appropriation bill within 
  the purview of the rule, despite inclusion of diverse appropriations 
  which are not ``continuing'' in nature. Deschler Ch 25 Sec. 2.


  Sec. 11 . Duration of Authorization

                            Generally; Renewals

      Until recent years, many authorizations were permanent, being 
  provided for by the organic statute that created the agency or 
  program. Such statutes often include provisions to the effect that 
  there are hereby authorized to be appropriated ``hereafter'' such sums 
  ``as may be necessary'' or ``as approved by Congress,'' to implement 
  the law, thereby requiring the appropriate budget authority to be 
  enacted each year in accordance with this permanent authorization. 
  See, for example, Deschler Ch 26 Sec. 11.1.
      Today, the House more commonly authorizes appropriations for only 
  a certain number of years at a time. Authorizations may extend for 
  two, five, or 10 years, and they may be renewed periodically. The 
  trend toward periodic authorizations is reflected in the House rule 
  adopted in 1970 which requires that each standing committee insure 
  that appropriations for continuing programs and activities will be 
  made annually ``to the maximum extent feasible,'' consistently with 
  the nature of the programs involved. And programs for which 
  appropriations are not made annually may have ``sunset'' provisions 
  which require that they be reviewed periodically to determine whether 
  they can be modified to permit annual appropriations. Rule X clause 
  4(f). Manual Sec. 699a.


  Sec. 12 . Sufficiency of Authorization

                                 Generally

      The term ``authorized by law'' in Rule XXI clause 2 (Manual 
  Sec. 834) is ordinarily construed to mean a ``law enacted by the 
  Congress;'' statutory authority for the appropriation must exist. 
  Deschler Ch 25 Sec. 2.3. It has been held, for example, that a bill 
  passed by both Houses but not signed by the President nor returned to 
  the originating House is insufficient authorization to support an 
  appropriation. 92-1, May 11, 1971, p 14471. Similarly, an executive 
  order does not constitute sufficient authorization in the absence of 
  proof of its derivation from a statute enacted by Congress. Deschler 
  Ch 26 Sec. 7.7. On the other hand, sufficient ``authorization'' for an 
  appropriation may be found to exist in a treaty (Deschler Ch 26 
  Sec. 17.9) that has been rati-

[[Page 80]]

  fied by both parties (4 Hinds Sec. 3587), or in legislation contained 
  in a previous appropriation act which has become permanent law 
  (Deschler Ch 25 Sec. 2.5).

       Authorization From Specific Statutes or General Existing Law

      Authorization for a program may be derived from a specific law 
  providing authority for that particular program or from a more general 
  existing law--``organic law''--authorizing appropriations for such 
  programs. Thus, a paragraph in a general appropriation bill 
  purportedly containing funds not yet specifically authorized by 
  separate legislation was held not to violate Rule XXI clause 2, where 
  it was shown that all of the funds in the paragraph were authorized by 
  more general provisions of law currently applicable to the programs in 
  question. 95-2, June 8, 1978, p 16778.
      Similarly, a permanent law authorizing the President to appoint 
  certain staff, together with legislative provisions authorizing 
  additional employment contained in an appropriation bill enacted for 
  that fiscal year, constituted sufficient authorization for a lump-sum 
  supplemental appropriation for the White House for the same fiscal 
  year. Deschler Ch 25 Sec. 2.6. The legislative history of the law in 
  question may be considered to determine whether sufficient 
  authorization for the project exists. Deschler Ch 25 Sec. 2.7. The 
  omission to appropriate during a series of years for a program 
  previously authorized by law does not repeal the law, and it may be 
  cited as providing authorization for a subsequent appropriation. 4 
  Hinds Sec. 3595.
      Some statutes expressly provide, however, that there may be 
  appropriated to carry out the functions of certain agencies only such 
  sums as Congress may thereafter authorize by law, thus requiring 
  specific subsequently enacted authorizations for the operations of 
  such agencies and not permitting appropriations to be authorized by 
  the ``organic statute'' creating the agency. (See, for example, 15 USC 
  Sec. 1024(e), establishing the Joint Economic Committee and 
  authorizing the appropriation of ``such sums as may be necessary 
  during each fiscal year.'' See Deschler Ch 26 Sec. 49.2 (note)).

                Effect of Prior Unauthorized Appropriations

      An appropriation for an object unauthorized by law, however 
  frequently made in former years, does not warrant similar 
  appropriations in succeeding years (7 Cannon Sec. 1150), unless the 
  program in question is such as to fall into the category of a 
  continuation of work-in-progress (Sec. 25, infra), or unless 
  authorizing legislation in a previous appropriation act has become 
  permanent law. Manual Sec. 836.

[[Page 81]]

                Incidental Expenses; Implied Authorizations

      A general grant of authority to an agency or program may be found 
  sufficiently broad to authorize items or projects that are incidental 
  to carrying out the purposes of the basic law. Deschler Ch 25 
  Sec. 2.10. An amendment proposing appropriations for incidental 
  expenses which contribute to the main purpose of carrying out the 
  functions of the department for which funds are being provided in the 
  bill is generally held to be authorized by law. Deschler Ch 26 
  Sec. 7.15. For example, appropriations for certain travel expenses for 
  the Secretary of the Department of Agriculture were held authorized by 
  law as necessary to carry out the basic law setting up that 
  Department. Deschler Ch 25 Sec.  2.10.
      On the other hand, where the authorizing law authorizes a lump-sum 
  appropriation and confers broad discretion on an executive in 
  allotting funds, an appropriation for a specific purpose may be ruled 
  out as inconsistent therewith. Deschler Ch 26 Sec. 15.5 (note). The 
  appropriation of a lump sum for a general purpose having been 
  authorized, a specific appropriation for a particular item included in 
  such general purpose may be a limitation on the discretion of the 
  executive charged with allotment of the lump sum and not in order on 
  the appropriation bill. 7 Cannon Sec. 1452. Such a limitation may also 
  be ruled out on the ground that it is ``legislation'' on an 
  appropriation bill. Sec. 43, infra. An appropriation to pay a judgment 
  awarded by a court is in order if such judgment has been properly 
  certified to Congress. Deschler Ch 25 Sec. 2.2.


  Sec. 13 . Proof of Authorization; Burden of Proof

                         Burden of Proof Generally

      Under House practice, those upholding an item of appropriation 
  have the burden of showing the law authorizing it. 4 Hinds Sec. 3597; 
  7 Cannon Secs. 1179, 1276. Thus, a point of order having been raised, 
  the burden of proving the authorization for language carried in an 
  appropriation bill falls on the proponents and managers of the bill 
  (Deschler Ch 26 Sec. 9.4), who must shoulder this burden of proof by 
  citing statutory authority for the appropriation. Deschler Ch 25 
  Sec. 9.5. The Chair may overrule a point of order upon citation to an 
  organic statute creating an agency, absent any showing that such law 
  has been amended or repealed to require specific annual 
  authorizations. Deschler Ch 26 Sec. 9.6.

                      Burden of Proof as to Amendment

      The burden of proof to show that an appropriation contained in an 
  amendment is authorized by law is on the proponent of the amendment, a

[[Page 82]]

  point of order having been raised against the appropriation. Deschler 
  Ch 26 Secs. 9.1, 9.2; 102-1, Oct. 29, 1991, p ____. If the amendment 
  is susceptible to more than one interpretation, it is incumbent upon 
  the proponent to show that it is not in violation of the rule. Manual 
  Sec. 835.

                   Evidence of Compliance With Condition

      An authorizing statute may provide that the authorization for a 
  program is to be effective only upon compliance by executive officials 
  with certain conditions or requirements. In such a case, a letter 
  written by an executive officer charged with the duty of furthering a 
  certain program may be sufficient documentary evidence of 
  authorization in the manner prescribed. Deschler Ch 26 Secs. 10.2, 
  10.3.


  Sec. 14 . Increasing Budget Authority

                    Increases Within Authorized Limits

      Authorizing legislation may place a ceiling on the amount of 
  budget authority which can be appropriated for a program or may 
  authorize the appropriation of ``such sums as are necessary.'' Absent 
  restrictions imposed by the budget process, it is in order to increase 
  the appropriation in an appropriation bill for a purpose authorized by 
  law if such increase does not exceed the amount authorized for that 
  purpose. Deschler Ch 25 Secs. 2.13, 2.15. An amendment proposing 
  simply to increase an appropriation for a specific purpose over the 
  amount carried in the appropriation bill does not constitute a change 
  in law unless such increase is in excess of that authorized. Deschler 
  Ch 25 Sec. 2.14. An amendment changing the figure in the bill to the 
  full amount authorized is in order. Deschler Ch 25 Sec. 2.16. Of 
  course, if the authorization does not place a cap on the amount to be 
  appropriated, an amendment increasing the amount of the appropriation 
  for items included in the bill is in order. Deschler Ch 25 Sec. 11.16.

                 Increases in Excess of Amount Authorized

      An appropriation in excess of the specific amount authorized by 
  law may be in violation of the rule prohibiting unauthorized 
  appropriations (Rule XXI clause 2). Deschler Ch 26 Sec. 21. Thus, 
  where existing law limited annual authorizations of appropriations for 
  incidental expenses of a program to $7,500, an appropriation for 
  $10,000 was held to be unauthorized and was ruled out on a point of 
  order. 94-1, Sept. 30, 1974, p 30981.

[[Page 83]]

      The rule that an appropriation bill may not provide budget 
  authority in excess of the amount specified in the authorizing 
  legislation has also been applied to:

     An amendment proposing an increase in the amount of an 
         appropriation authorized by law for compensation of Members of 
         the House. Deschler Ch 26 Sec. 21.2.
     A provision in an appropriation bill increasing the loan 
         authorization for the rural telephone program above the amount 
         authorized for that purpose. Deschler Ch 26 Sec. 33.3.
     Language in an appropriation bill providing funds for the 
         Joint Committee on Defense Production in excess of the amount 
         authorized by law. 88-2, Apr. 10, 1964, p 7640.
     A paragraph in a general appropriation bill containing funds 
         in excess of amounts permitted to be committed by a federal 
         agency for mortgage purchases. 97-2, July 29, 1982, p 18636.

                             Waiver of Ceiling

      Where a limitation on the amount of an appropriation to be 
  annually available for expenditure by an agency has become law, 
  language in an appropriation bill seeking to waive or change this 
  limitation gives rise to a point of order that the language is 
  legislation on an appropriation bill. Deschler Ch 26 Sec. 33.2.

           C. Authorization for Particular Purposes or Programs


  Sec. 15 . In General

      Absent an appropriate waiver, language in a general appropriation 
  bill providing funding for a program that is not authorized by law is 
  in violation of Rule XXI clause 2(a) and may also ``change existing 
  law'' in violation of clauses 2(b) or 2(c). See 98-2, May 31, 1984, p 
  14590. Provisions that have been ruled out as unauthorized under Rule 
  XXI clause 2 have included:

     Appropriations for fiscal 1979 for the Department of Justice 
         and its related agencies. Deschler Ch 26 Sec. 18.3.
     An appropriation for expenses incident to the special 
         instruction and training of United States attorneys and United 
         States marshals, their assistants and deputies, and United 
         States commissioners. Deschler Ch 26 Sec. 18.1.
     Paragraphs containing funds for a fiscal year for Coast Guard 
         acquisitions, construction, research, development, and 
         evaluation. 95-1, June 8, 1977, pp 17945, 17946.
     An appropriation for the U.S. Customs Service air interdiction 
         program. 98-2, June 21, 1984, pp 17693, 17694.

[[Page 84]]

     An appropriation for liquidation of contract authority to pay 
         costs of certain subsidies granted by the Maritime 
         Administration. 92-1, June 24, 1971, p 21901.
     Language permitting the Secretary of Labor and the Secretary 
         of Health, Education, and Welfare to use funds for official 
         reception and representation expenses. Deschler Ch 26 
         Sec. 20.19.
     Language making funds available for distribution of 
         radiological instruments and detection devices to states by 
         loan or grant for civil defense purposes. Deschler Ch 26 
         Sec. 20.1.
     Language making funds available for reimbursements of 
         Government employees for use by them of their privately owned 
         automobiles on official business. Deschler Ch 26 Sec. 20.6.
     An appropriation for the American Revolution Bicentennial 
         Commission. 91-2, May 19, 1970, p 16165.

      The rulings cited in this division are intended to illustrate the 
  application of the rule requiring appropriations to be based on prior 
  authorization. No attempt has been made to indicate whether measures 
  similar to those ruled upon, if offered today, would in fact be 
  authorized under present laws.


  Sec. 16 . Agricultural Programs

                      Held Authorized by Existing Law

     An appropriation to be used to increase domestic consumption 
         of farm commodities. Deschler Ch 26 Sec. 11.1.
     Appropriations for cooperative range improvements (including 
         construction, maintenance, control of rodents, and eradication 
         of noxious plants in national forests). Deschler Ch 26 
         Sec. 11.3.
     An appropriation to enable the Secretary of Agriculture to 
         carry out the provisions of the National School Lunch Act of 
         1946. Deschler Ch 26 Sec. 11.5.
     Appropriations for the acquisition and diffusion of 
         information by the Agriculture Department. 4 Hinds Sec. 3649; 
         Deschler Ch 26 Sec. 11.10.
     Appropriations for agricultural engineering research and for 
         programs relating to the prevention and control of dust 
         explosions and fires during the harvesting and storing of 
         agricultural products. Deschler Ch 26 Sec. 11.11.
     An appropriation for the purchase and installation of weather 
         instruments and the construction or repair of buildings of the 
         Weather Bureau. Deschler Ch 26 Sec. 11.16.

                         Ruled Out as Unauthorized

     Language providing funds for a celebration of the centennial 
         of the establishment of the Department of Agriculture. Deschler 
         Ch 26 Sec. 11.2.
     The organization of a new bureau to conduct investigations 
         relating to agriculture. 4 Hinds Sec. 3651.
     Language providing for cooperation by and with state 
         agriculture investigators. 4 Hinds Sec. 3650; 7 Cannon 
         Secs. 1301, 1302.

[[Page 85]]

     A section providing funds to collect, compile, and analyze 
         data relating to consumer expenditures and savings. Deschler Ch 
         26 Sec. 11.7.
     An appropriation to permit the Department of Agriculture to 
         investigate and develop methods for the manufacture and 
         utilization of starches from cull potatoes and surplus crops. 
         Deschler Ch 26 Sec. 11.9.
     A provision for the refund of certain penalties to wheat 
         producers. Deschler Ch 26 Sec. 11.6.
     An amendment appropriating funds for the immediate acquisition 
         of domestic meat and poultry to be distributed consistently 
         with provisions of law relating to distribution of other foods. 
         93-2, June 21, 1974, p 20620.
     An appropriation for the control of certain crop diseases or 
         infestations. Deschler Ch 26 Secs. 11.12, 11.13.


  Sec. 17 . Programs Relating to Business or Commerce

                      Held Authorized by Existing Law

     An appropriation for the Director of the Bureau of the Census 
         to publish monthly reports on coffee stocks on hand in the 
         United States. Deschler Ch 26 Sec. 12.1.
     An appropriation for the office of the Secretary of Commerce 
         for expenses of attendance at meetings of organizations 
         concerned with the work of his office. Deschler Ch 26 
         Sec. 12.6.

                         Ruled Out as Unauthorized

     An appropriation for sample surveys by the Census Bureau to 
         estimate the size and characteristics of the nation's labor 
         force and population. Deschler Ch 26 Sec. 12.2.
     Language providing appropriations for necessary expenses in 
         the performance of activities and services relating to 
         technological development as an aid to business in the 
         development of foreign and domestic commerce. Deschler Ch 26 
         Sec. 12.4.
     Language appropriating funds for travel in privately owned 
         automobiles by employees engaged in the maintenance and 
         operation of remotely controlled air-navigation facilities. 
         Deschler Ch 26 Sec. 12.5.
     Funds for necessary expenses of the National Bureau of 
         Standards (including amounts for the standard reference data 
         program) for fiscal 1979. Deschler Ch 26 Sec. 12.9.

[[Page 86]]

  Sec. 18 . Defense Programs

                      Held Authorized by Existing Law

     Funds for paving of streets and erection of warehouses 
         incident to the establishment of a naval station. 7 Cannon 
         Sec. 1232.
     Appropriations to enable the President, through such 
         departments or agencies of the government as he might 
         designate, to carry out the provisions of the Act of Mar. 11, 
         1941, to promote the defense of the United States. Deschler Ch 
         26 Sec. 13.3.

                         Ruled Out as Unauthorized

     Funds for transportation of successful candidates to the Naval 
         Academy. 7 Cannon Sec. 1234.
     Funds for establishment of shooting ranges and purchase of 
         prizes and trophies. 7 Cannon Sec. 1242.
     An appropriation for the construction and improvement of 
         barracks for enlisted men and quarters for noncommissioned 
         officers of the Army. Deschler Ch 26 Sec. 13.5.
     An amendment striking out funds for a nuclear aircraft carrier 
         program and inserting funds for a conventional-powered aircraft 
         carrier program. Deschler Ch 26 Sec. 13.6.
     A provision increasing the funds appropriated for a fiscal 
         year for military assistance to South Vietnam and Laos. 93-2, 
         Apr. 10, 1974, p 10594.
     Language including funds for Veterans' Administration expenses 
         for the issuance of memorial certificates to families of 
         deceased veterans. Deschler Ch 26 Sec. 13.1.


  Sec. 19 . Funding for the District of Columbia

                    Held Authorized Under Existing Law

     An appropriation for opening, widening, or extending streets 
         and highways in the District of Columbia. 7 Cannon Sec. 1189.
     An appropriation for street lights or for improving streets 
         out of a special fund created by the District of Columbia 
         Gasoline Tax Act. Deschler Ch 26 Secs. 11.15, 14.7.
     An appropriation for expenses of keeping school playgrounds 
         open during the summer months. Deschler Ch 26 Sec. 14.5.
     An appropriation for the preparation of plans and 
         specifications for a branch library building in the District of 
         Columbia. Deschler Ch 26 Sec. 14.13.

[[Page 87]]

                         Ruled Out as Unauthorized

     Appropriations for certain federal office buildings in the 
         District of Columbia that were not approved by the Public Works 
         Committees of the House and Senate as required by the Public 
         Buildings Act of 1959. 86-2, Apr. 19, 1960, p 8230.
     A paragraph permitting the use of funds by the Office of the 
         Corporation Counsel to retain professional experts at rates 
         fixed by the commissioner. Deschler Ch 26 Sec. 14.1.
     An appropriation for the preparation of plans and 
         specifications for a new main library building in the District 
         of Columbia. Deschler Ch 26 Sec. 14.12.
     An appropriation for the salary and expenses of the office of 
         Director of Vehicles and Traffic out of the District Gasoline 
         Tax Fund. Deschler Ch 26 Sec. 14.14.
     Language permitting the Commissioners of the District of 
         Columbia to purchase a municipal asphalt plant. Deschler Ch 26 
         Sec. 14.19.
     An amendment making funds available for expenditure by the 
         American Legion in connection with its national convention. 
         Deschler Ch 26 Sec. 14.3.
     An appropriation to reimburse certain District of Columbia 
         officials for services and expenses. 7 Cannon Sec. 1184.


  Sec. 20 . Interior or Environmental Programs

                    Held Authorized Under Existing Law

     An appropriation for suppression of liquor or peyote traffic 
         among Indians. 7 Cannon Secs. 1210, 1212.
     An appropriation for the examination of mineral resources of 
         the national domain. 7 Cannon Sec. 1222.
     An appropriation for the development of an educational program 
         of the National Park Service. Deschler Ch 26 Sec. 15.17.
     Language providing an appropriation for the purpose of 
         encouraging industry and self-support among Indians and 
         outlining areas of discretionary authority to be exercised by 
         the Secretary of the Interior. Deschler Ch 26 Sec. 15.26.
     Appropriations for irrigation projects which had been 
         recommended by the Secretary of the Interior and approved by 
         the President. Deschler Ch 26 Sec. 15.30.

                         Ruled Out as Unauthorized

     A paragraph containing funds to enable the EPA to obtain 
         reports as to the probable adverse effect on the economy of 
         certain federal environmental actions. Deschler Ch 26 
         Sec. 15.1.
     A paragraph making funds available to the EPA to establish an 
         independent review board to review the priorities of the 
         agency. Deschler Ch 26 Sec. 15.2.

[[Page 88]]

     Language authorizing the Secretary of the Interior, in 
         administering the Bureau of Reclamation, to contract for 
         medical services for employees and to make certain payroll 
         deductions. Deschler Ch 26 Sec. 15.9.
     An appropriation for the Division of Investigations in the 
         Department of the Interior, to be expended under the direction 
         of the Secretary, to meet unforeseen emergencies of a 
         confidential character. Deschler Ch 26 Sec. 15.12.
     Language appropriating funds ``out of the general funds of the 
         Treasury'' (and not the reclamation fund) for investigations of 
         proposed federal reclamation projects. Deschler Ch 26 
         Sec. 15.28.
     Language requiring that part of an appropriation for general 
         wildlife conservation be earmarked expressly for the leasing 
         and management of land for the protection of the Florida Key 
         deer. Deschler Ch 26 Sec. 15.5.
     Appropriations for the National Power Policy Committee to be 
         used by the committee in the performance of functions 
         prescribed by the President. Deschler Ch 26 Sec. 15.7.


  Sec. 21 . Programs Relating to Foreign Affairs

                      Held Authorized by Existing Law

     An appropriation for transportation and subsistence of 
         diplomatic and consular officers en route to and from their 
         posts. 7 Cannon Sec. 1251.
     A provision earmarking an amount for a contribution to the 
         International Secretariat on Middle Level Manpower. Deschler Ch 
         26 Sec. 17.2.
     An appropriation for the obligation assumed by the United 
         States in accepting membership in the International Labor 
         Organization. Deschler Ch 26 Sec. 17.3.
     An amendment providing funds for a health exhibit at the 
         Universal and International Exhibition of Brussels. Deschler Ch 
         26 Sec. 17.6.
     An appropriation for commercial attaches to be appointed by 
         the Secretary of Commerce. 7 Cannon Sec. 1257.
     An appropriation to compensate the owners of certain vessels 
         seized by Ecuador. Deschler Ch 26 Sec. 17.1.

                         Ruled Out as Unauthorized

     An amendment to earmark part of the appropriation for the USIA 
         to provide facilities for the translation and publication of 
         books and other printed matter in various foreign languages. 
         Deschler Ch 26 Sec. 17.7.
     Appropriations for incidental and contingent expenses in the 
         consular and diplomatic service. 4 Hinds Sec. 3609.
     An appropriation for the Foreign Service Auxiliary. Deschler 
         Ch 26 Sec. 17.14.

[[Page 89]]

     An appropriation for the salary of a particular U.S. minister 
         to a foreign country where the Senate had not confirmed the 
         appointee. Deschler Ch 26 Sec. 17.17.
     An amendment providing funds for acquisition of sites and 
         buildings for embassies in foreign countries. 4 Hinds 
         Sec. 3606.


  Sec. 22 . Legislative Branch Funding

      It is not in order to provide in an appropriation bill for 
  payments to employees of the House unless the House by prior action 
  has authorized such payments. 4 Hinds Sec. 3654. Such authorization is 
  generally provided for by resolution from the Committee on House 
  Oversight (formerly House Administration). The House in appropriating 
  for an employee may not go beyond the terms of the resolution creating 
  the office. 4 Hinds Sec. 3659.
      A resolution of the House has been held sufficient authorization 
  for an appropriation for the salary of an employee of the House (4 
  Hinds Secs. 3656-3658) even though on one occasion the resolution may 
  have been agreed to only by a preceding House (4 Hinds Sec. 3660). A 
  resolution intended to justify appropriations beyond the term of a 
  Congress is ``made permanent law'' by a legislative provision in a 
  Legislative Branch Appropriation Act.

                              Held Authorized

     Funds for employment of counsel to represent Members and to 
         appear in court officially. 7 Cannon Sec. 1311.
     Funds for expenses incurred in contested election cases when 
         properly certified. 7 Cannon Sec. 1231.
     Salaries for certain House employees. 91-1, Aug. 5, 1969, p 
         22197.
     An increase in the salary of an officer of the House. 89-2, 
         Sept. 8, 1966, p 22020.
     The salary of the Chief of Staff of the Joint Committee on 
         Internal Revenue Taxation. 92-2, Oct. 4, 1972, p 33744.
     Salary adjustments for certain House employees. 92-2, Jan. 27, 
         1972, p 1531.
     Overtime compensation for employees of the Publications 
         Distribution Service (Folding Room). 92-2, Mar. 2, 1972, p 
         6627.
     Costs of stenographic services and transcripts in connection 
         with a meeting or hearing of a committee. Manual Sec. 703c. H. 
         Res. 988, 93d Cong.
     Certain costs associated with the organizational meeting of 
         the Democratic Caucus or Republican Conference. Manual 
         Sec. 997. 2 USC Sec. 29a.
     The transfer of surplus prior-year funds to liquidate certain 
         current obligations of the House. Deschler Ch 25 Sec. 5.3.

[[Page 90]]

                         Ruled Out as Unauthorized

     An amendment proposing to increase the total amount for 
         salaries of Members beyond that authorized. Deschler Ch 26 
         Sec. 21.2.
     Language providing an allowance payable to the attending 
         physician of the Capitol. 86-2, May 17, 1960, p 10447.
     An amendment providing funds for a parking lot for the use of 
         Members and employees of Congress. Deschler Ch 26 Sec. 20.3.
     An appropriation for employment by the Committee on 
         Appropriations of 50 qualified persons to investigate and 
         report on the progress of certain contracts let by the United 
         States. Deschler Ch 26 Sec. 20.2.


  Sec. 23 . Salaries and Related Benefits

      Language in a general appropriation bill providing funding for 
  salaries that are not authorized by law is in violation of Rule XXI 
  clause 2(a). 98-2, May 31, 1984, p 14589. Such propositions, whether 
  to appropriate for salaries not established by law or to increase 
  salaries fixed by law, are out of order. 4 Hinds Secs. 3664-3667, 
  3676-3679. The mere appropriation for a salary for one year does not 
  create an office so as to justify appropriations in succeeding years. 
  4 Hinds Secs. 3590, 3697. However, it has been held that a point of 
  order does not lie against a lump-sum appropriation for increased pay 
  costs as being unauthorized where language in the bill limits use of 
  the appropriation to pay costs ``authorized by or pursuant to law.'' 
  Deschler Ch 25 Sec. 2.20.

                         Ruled Out as Unauthorized

     Language providing for positions of employment in certain 
         grades, in addition to the number authorized in existing law. 
         86-1, May 11, 1959, p 7904.
     Language providing funds for the hire of one other person in 
         excess of the number authorized by law. 87-2, Apr. 2, 1962, p 
         5932.
     A paragraph containing funds for personal services for the 
         President ``without regard to provisions of law'' regulating 
         government employment and for entertainment expenses to be 
         accounted for solely on the certificate of the President. 93-1, 
         Aug. 1, 1973, pp 27286, 27287.
     A paragraph permitting the use of funds by the D.C. Office of 
         the Corporation Counsel to retain professional experts at rates 
         fixed by the commissioner. 93-1, June 18, 1973, p 20068.
     A paragraph authorizing an executive official to establish 
         salary levels of certain other officials. 97-2, Sept. 30, 1982, 
         pp 26290, 26291.
     A provision appropriating necessary expenses for a designated 
         number of officers on the active list of an agency. 98-2, May 
         31, 1984, p 14590.
     An appropriation for salaries and expenses of the Commission 
         on Civil Rights above the amount authorized by existing law for 
         that purpose. 92-1, June 24, 1971, p 21902.

[[Page 91]]

     An amendment appropriating funds for salaries and expenses of 
         additional inspectors in the U.S. Customs Service. 98-2, Aug. 
         1, 1984, pp 21904, 21905.
     An amendment providing for a salary of $10,000 per year for 
         the wife of the President for maintaining the White House. 
         Deschler Ch 26 Sec. 20.13.


                     D. Authorization for Public Works


  Sec. 24 . In General

      Language in a general appropriation bill providing funding for a 
  public work that is not authorized by law is in violation of Rule XXI 
  clause 2(a) (Deschler Ch 26 Sec. 19.13), unless the project can be 
  deemed ``work in progress'' within the meaning of that rule (Sec. 25, 
  infra). An appropriation for a public work in excess of the amount 
  fixed by law (4 Hinds Secs. 3583, 3584; 7 Cannon Sec. 1133), or for 
  extending a public service beyond the limits assigned by an executive 
  officer exercising a lawful discretion (4 Hinds Sec. 3598), is out of 
  order.

                      Held Authorized by Existing Law

     An appropriation for necessary advisory services to public and 
         private agencies with regard to construction and operation of 
         airports and landing areas. Deschler Ch 26 Sec. 19.4.
     An amendment proposing to increase a lump-sum appropriation 
         for river and harbor projects. Deschler Ch 26 Sec. 19.6.
     An appropriation for the Tennessee-Tombigbee inland waterway. 
         Deschler Ch 26 Sec. 19.9.
     An appropriation for construction of transmission lines from 
         Grand Coulee Dam to Spokane. Deschler Ch 25 Sec. 19.11.

                         Ruled Out as Unauthorized

     Language providing an additional amount for construction of 
         certain public buildings. Deschler Ch 26 Sec. 19.1.
     Appropriations for certain federal office buildings in the 
         District of Columbia where not approved by the Public Works 
         Committees of the House and Senate as required by the Public 
         Buildings Act of 1959. Deschler Ch 26 Sec. 19.2.
     An appropriation for construction of a connecting highway 
         between the United States and Alaska. Deschler Ch 26 Sec. 19.5.
     An amendment making part of an appropriation to the Army Corps 
         of Engineers for flood control available for studying specified 
         work of the Bureau of Reclamation. Deschler Ch 26 Sec. 19.8.
     Language appropriating certain trust funds for expenses 
         relating to forest roads and trails. Deschler Ch 26 Sec. 28.2.

[[Page 92]]

  Sec. 25 . Works in Progress

      The House rule which bars appropriations not previously authorized 
  by law provides for an exception for appropriations for ``public works 
  and objects'' which are already in progress. Rule XXI clause 2(a). 
  Manual Sec. 834. Thus, when the construction of a public building has 
  commenced and there is no limit of cost, further appropriations may be 
  made under the exception for works in progress. Deschler Ch 26 
  Sec. 8.1. The exception for works in progress under Rule XXI may apply 
  even though the original appropriation for the project was 
  unauthorized. 7 Cannon Sec. 1340; Deschler Ch 26 Sec. 8.2.
      Historically, the ``works in progress'' exception has been applied 
  only to projects funded from the general fund of the Treasury for 
  which no authorization has been enacted; it does not apply to language 
  changing existing law by extending the authorized availability of 
  funds or in contravention of law restricting use of a special fund. 
  103-1, Sept. 22, 1993, p ____. An appropriation for construction which 
  is in violation of existing law or which exceeds the limit fixed by 
  law is not permitted under the work-in-progress exception of Rule XXI. 
  4 Hinds Secs. 3587, 3702; 7 Cannon Sec. 1332; Manual Sec. 839.
      The tendency of later decisions is to narrow the application of 
  the exception under Rule XXI clause 2(a) making in order 
  appropriations for ``works in progress.'' 7 Cannon Sec. 1333. The work 
  in question, to qualify under the rule, must have moved beyond the 
  planning stage. 7 Cannon Sec. 1336. To come within the terms of the 
  rule, it must be actually ``in progress,'' according to the usual 
  significance of those words (4 Hinds Sec. 3706), with actual work 
  having been initiated (Deschler Ch 26 Sec. 8.5); merely selecting or 
  purchasing a site for the construction of a building is not sufficient 
  (4 Hinds Secs. 3762, 3785). But the fact that the work has been 
  interrupted--even for several years--does not prevent it from 
  qualifying under the work-in-progress exception of clause 2(a). 4 
  Hinds Secs. 3707, 3708.
      To establish that actual work has begun on the project, the Chair 
  may require some documentary evidence that work has been initiated. 
  Deschler Ch 26 Sec. 8.5. To this end, the Chair may consider a letter 
  from an executive officer charged with the duty of constructing the 
  project. Deschler Ch 26 Sec. 8.2. News articles merely suggesting that 
  work may have begun have been regarded as insufficient evidence that 
  work is in progress within the meaning of the rule. Deschler Ch 26 
  Sec. 8.7.


  Sec. 26 . -- What Constitutes a Work in Progress

      The ``works and objects'' referred to in the exception to the rule 
  prohibiting unauthorized appropriations is construed to mean something 
  tan-

[[Page 93]]

  gible, such as a building or road; the term does not contemplate work 
  that is indefinite or intangible, such as an investigation. 4 Hinds 
  Secs. 3714, 3715, 3719. See also Deschler Ch 26 Sec. 8. The term does 
  not extend to projects that are indefinite as to completion and 
  intangible in nature, such as the gauging of streams. 4 Hinds 
  Secs. 3714, 3715. Nor does the term extend to the ordinary duties of 
  an executive or administrative office. 4 Hinds Secs. 3709, 3713.
      Appropriations for extension or repair of an existing road (4 
  Hinds Secs. 3793, 3798), bridge (4 Hinds Sec. 3803), or public 
  building have been admitted as in continuation of a work (4 Hinds 
  Secs. 3777, 3778), although it is not in order as such to provide for 
  a new building in place of one destroyed (4 Hinds Sec. 3606). The 
  purchase of adjoining land for a work already established has been 
  admitted under this principle (4 Hinds Secs. 3766-3773), as well as 
  additions to or extensions of existing public buildings (4 Hinds 
  Secs. 3774, 3775). But the purchase of a separate and detached lot of 
  land is not admitted (4 Hinds Sec. 3776).
      Appropriations for new buildings as additional structures at 
  Government institutions have sometimes been admitted (4 Hinds 
  Secs. 3741-3750), but propositions to appropriate for new buildings 
  that were not necessary adjuncts to the institution have been ruled 
  out (4 Hinds Secs. 3755-3759).
      Projects that have qualified as a ``work or object . . . in 
  progress'' under Rule XXI clause 2(a) have included:

     A topographical survey. 7 Cannon Sec. 1382.
     The continuation of construction at the Kennedy Library, a 
         project owned by the United States and funded by a prior year's 
         appropriation. 100-2, June 14, 1988, p 14335.
     A continuation of aircraft experimentation and development. 
         Jan. 22, 1926, p 2623.

      Projects that have been ruled out as a ``work or object . . . in 
  progress'' under Rule XXI clause 2(a) have included:

     New Army hospitals. 4 Hinds Sec. 3740.
     A new lighthouse. 4 Hinds Sec. 3728.
     An extension of an existing road. 103-1, Sept. 22, 1993, p 
         ____.

[[Page 94]]

   III. Legislation in General Appropriation Bills; Provisions Changing 
                               Existing Law


                               A. Generally


  Sec. 27 . The Restrictions of Rule XXI Clause 2

                     In General; Historical Background

      The House rules have contained language forbidding the inclusion 
  in general appropriation bills of language ``changing existing law'' 
  almost continuously since the 44th Congress. In 1835, when it became 
  apparent that appropriation bills were being delayed because of the 
  intrusion of legislative matters, John Quincy Adams suggested the 
  desirability of a plan that such bills ``be stripped of everything but 
  the appropriations.'' 4 Hinds Sec. 3578.
      Today, House Rule XXI provides that, with two exceptions, ``[n]o 
  provision changing existing law shall be reported in any general 
  appropriation bill . . .'' (clause 2(b)), and that ``[n]o amendment to 
  a general appropriation bill shall be in order if changing existing 
  law.'' Clause 2(c). The exceptions set forth in clause 2(b) are for 
  germane provisions which change existing law in a way that would 
  ``retrench'' expenditures (see Sec. 46, infra), and for rescissions of 
  previously enacted appropriations. Manual Sec. 834.
      Language changing existing law in violation of Rule XXI is often 
  referred to as ``legislation on an appropriation bill.'' Deschler Ch 
  26 Sec. 1. What ``legislation'' means in this context is a change in 
  an existing law that governs how appropriations may be used.
      Like the rule generally prohibiting unauthorized appropriations, 
  the restriction against legislating on general appropriations bills is 
  only enforced if a Member takes the initiative to enforce it by 
  raising a point of order. Sec. 67, infra. And such a point of order 
  may be waived pursuant to various procedural devices. See Sec. 68, 
  infra.
      The rule against legislation in appropriation bills is limited to 
  general appropriation bills; thus, a joint resolution merely 
  continuing appropriations for government agencies pending enactment of 
  the regular appropriation bills is not subject to the clause 2 Rule 
  XXI prohibitions against legislative language. 90-1, Sept. 21, 1967, p 
  26370.

                           Construction of Rule

      The rule that forbids language in a general appropriation bill 
  which changes existing law is strictly construed. Deschler Ch 26 
  Sec. 64.23. The restriction is construed to apply not only to changes 
  in an existing statute, but also to the enactment of law where none 
  exists, to language repealing exist-

[[Page 95]]

  ing law (Sec. 28, infra), to a provision making changes in court 
  interpretations of statutory law (96-2, Aug. 19, 1980, p 21978) and to 
  a proposition to change a rule of the House (4 Hinds Sec. 3819). The 
  fact that legislative language may have been included in appropriation 
  acts in prior years and made applicable to funds in those laws does 
  not permit the inclusion in a general appropriation bill of similar 
  language. 98-1, Sept. 22, 1983, pp 25403, 25406, 25407.
      The Rule XXI restrictions as to changing existing law apply 
  specifically to amendments to general appropriation bills. See clause 
  2(a). Manual Sec. 834. It follows that if a motion to recommit with 
  instructions constitutes legislation on an appropriation bill, the 
  motion is subject to a point of order. Deschler Ch 26 Sec. 1.4.

                              Burden of Proof

      Where a point of order is raised against a provision in a general 
  appropriation bill as constituting legislation in violation of Rule 
  XXI clause 2, the burden of proof is on the Committee on 
  Appropriations to show that the language is valid under the precedents 
  and does not change existing law. Deschler Ch 26 Sec. 22.30. 
  Provisions in the bill, described in the accompanying report as 
  directly or indirectly changing the application of existing law, are 
  presumably legislation in violation of Rule XXI clause 2, in the 
  absence of rebuttal by the committee. Deschler Ch 26 Sec. 22.27. 
  Similarly, the proponent of an amendment against which a point of 
  order has been raised and documented as constituting legislation on an 
  appropriation bill has the burden of proving that the amendment does 
  not change existing law. Deschler Ch 26 Sec. 22.29.


  Sec. 28 . Changing Existing Law by Amendment, Enactment, or Repeal; 
            Waivers

      The provision of the rule (Rule XXI clause 2) forbidding in any 
  general appropriation bill a ``provision changing existing law'' is 
  construed to mean:

     A change in the text of existing law. Deschler Ch 26 
         Secs. 23.11, 24.6.

      Note: Existing law may be repeated verbatim in an appropriation 
  bill (4 Hinds Sec. 3414) but the slightest change of the text causes 
  it to be ruled out (4 Hinds Sec. 3817; 7 Cannon Secs. 1391, 1394).

     The enactment of law where none exists.

      Note: The provision of the rule forbidding legislation in any 
  general appropriation bill is construed to mean the enactment of law 
  where none exists (4 Hinds Secs. 3812, 3813), such as permitting funds 
  to remain available until expended or beyond the fiscal year covered 
  by the bill

[[Page 96]]

  (93-1, Aug. 1, 1973, pp 27288, 27289), or immediately upon enactment 
  (100-2, June 28, 1988, p 16254), where existing law permits no such 
  availability.

     The repeal of existing law. 7 Cannon Sec. 1403; Deschler Ch 26 
         Secs. 24.1, 24.7.
     A waiver of a provision of existing law. Deschler Ch 26 
         Secs. 24.5, 34.14, 34.15.

      Note: A waiver may be regarded as legislation on an appropriation 
  bill where it uses such language as ``notwithstanding the provisions 
  of any other law'' (Deschler Ch 26 Sec. 26.6) or ``without regard to 
  [sections of] the Revised Statutes'' (Deschler Ch 26 Sec. 24.8).


  Sec. 29 . Imposing Contingencies and Conditions

                      Generally; Conditions Precedent

      Provisions making an appropriation contingent on a future event 
  are often presented in appropriation bills. Such contingencies may be 
  phrased as conditions to be complied with, as in ``funds shall be 
  available when the Secretary has reported,'' or as restrictions on 
  funding, as in ``No funds until the Secretary has reported.'' Similar 
  tests are applied in both formulations in determining whether the 
  language constitutes legislation on an appropriation bill: Is the 
  contingency germane or does it change existing law? Deschler Ch 26 
  Sec. 49.2. Does it impose new duties (e.g. to report) where none exist 
  under law? See Sec. 31, infra.
      Precedents in this discussion (Secs. 29-31, infra) could in many 
  instances be cited under the discussion on ``Limitations'' (Secs. 50-
  59, infra). Language imposing a ``negative restriction'' is not a 
  proper limitation and is indeed ``legislation,'' if it creates new law 
  and requires positive determinations and actions where none exist in 
  law. Sec. 56, infra.
      The proscription against changing existing law is applicable to 
  those instances in which the whole appropriation is made contingent 
  upon an event or circumstance as well as those in which the 
  disbursement to a particular participant is conditioned on the 
  occurrence of an event. Deschler Ch 26 Secs. 47, 48. The terms 
  ``unless,'' ``until,'' or ``provided,'' in an amendment or proviso are 
  clues that the language may contain a condition that is subject

[[Page 97]]

  under Rule XXI clause 2(b) or (c) to a point of order. Language that 
  has been ruled out pursuant to this rule has included:

     An amendment providing that funds shall not be available for 
         any broadcast of information about the U.S. until the radio 
         script for such broadcast has been approved by the Daughters of 
         the American Revolution. Deschler Ch 26 Sec. 47.1.
     An amendment to require, as a condition to the availability of 
         funds, the imposition of standards of quality or performance. 
         Deschler Ch 26 Sec. 59.1.
     Language providing that none of the funds should be used 
         unless certain procurement contracts were awarded on a formally 
         advertised basis to the lowest responsible bidder. Deschler Ch 
         26 Sec. 23.14.
     An amendment making the money available on certain 
         contingencies which would change the lawful mode of payment. 
         Deschler Ch 26 Sec. 48.1.
     An amendment denying the obligation or expenditure of certain 
         funds unless such funds were subject to audit by the 
         Comptroller General. Deschler Ch 26 Sec. 47.8. (A subsequent 
         amendment which denied the use of funds not subject to audit 
         ``as provided by law'' was offered and adopted.)
     Language making certain funds for an airport available for an 
         access road (a federal project) provided Virginia makes 
         available the balance of funds necessary for the construction 
         of the road. Deschler Ch 26 Sec. 48.7.
     Language providing that no part of the appropriation for 
         certain range improvements shall be expended in any national 
         forest until contributions at least equal to such expenditures 
         are made available by local public or private sources. Deschler 
         Ch 26 Sec. 48.6.
     Language stating that no part of the funds shall be used 
         ``unless and until'' approved by the Director of the Bureau of 
         the Budget. Deschler Ch 26 Sec. 48.3.
     A proviso that no funds shall be available for certain 
         expenditures unless made in accordance with a budget approved 
         by the Public Housing Commissioner. Deschler Ch 26 Sec. 48.4.
     An amendment specifying that no funds made available may be 
         expended until total governmental tax receipts exceed total 
         expenditures. Deschler Ch 26 Sec. 48.11.
     An amendment containing certification requirements and 
         mandating certain contractual provisions as a condition to the 
         receipt of funds. 100-2, May 18, 1988, p 11388.


  Sec. 30 . -- Conditions Requiring Reports to, or Action by, Congress

                   Reporting to Congress as a Condition

      It is legislation on a general appropriation bill in violation of 
  clause 2, Rule XXI to require the submission of reports to a committee 
  of Congress where existing law does not require that submission. 99-2, 
  Aug. 1, 1986, p 18647. Thus, an amendment to a general appropriation 
  bill precluding the

[[Page 98]]

  availability of funds therein unless agencies submit reports to the 
  Committee on Appropriations--reports not required to be made by 
  existing law--constitutes legislation in violation of that rule. 98-1, 
  Nov. 2, 1983, p 30496; 99-1, July 25, 1985, pp 20806, 20807.

                     Congressional Action as Condition

      Under the more recent precedents, it is not in order by way of 
  amendment to make the availability of funds in a general appropriation 
  bill contingent upon subsequent congressional action. Manual 
  Sec. 842b. Compare 90-2, June 11, 1968, p 16692; 96-1, Sept. 6, 1979, 
  pp 23360, 23361. Such a condition changes existing law if its effect 
  is to require a subsequent authorization which, when enacted, will 
  automatically make funds available for expenditure without further 
  appropriations. Such a result is contrary to the process contemplated 
  in Rule XXI whereby appropriations are dependent on prior 
  authorization. Deschler Ch 26 Sec. 49.2 (note). Language making the 
  availability of funds contingent upon the enactment of authorizing 
  legislation raises a presumption that the appropriation is then 
  unauthorized. 98-1, Sept. 19, 1983, pp 24640, 24641. Indeed, a 
  conditional appropriation based on enactment of authorization is a 
  concession on the face of the language that no prior authorization 
  exists. Deschler Ch 26 Sec. 47.3 (note).
      It is not in order on a general appropriation bill to direct the 
  activities of a committee (102-2, June 24, 1992, p ____), such as to 
  require it to promulgate regulations to limit the use of an 
  appropriation (96-1, June 13, 1979, pp 14670, 14671). And an amendment 
  to a general appropriation bill including language to direct the 
  budget scorekeeping for amounts appropriated was held to constitute 
  legislation and was ruled out of order under clause 2 of Rule XXI. 
  103-1, May 26, 1993, p ____.
      Other conditions relative to congressional action that have been 
  ruled out as legislation include:

     An amendment providing that no part of the funds in the bill 
         shall be used for the enforcement of any order restricting sale 
         of any article or commodity unless such order shall have been 
         approved by a concurrent resolution of the Congress. Deschler 
         Ch 26 Sec. 49.2.
     Language requiring that certain contracts be authorized by the 
         appropriate legislative committees and in amounts specified by 
         the Committees on Appropriations of the Senate and House. 
         Deschler Ch 26 Sec. 49.5.
     An amendment making the availability of funds in the bill 
         contingent upon subsequent enactment of legislation containing 
         specified findings. 98-1, Nov. 2, 1983, p 30503.
     An amendment changing a permanent appropriation in existing 
         law to restrict its availability until all general 
         appropriation bills are presented to the President. 100-1, June 
         29, 1987, p 18082.

[[Page 99]]

  Sec. 31 . -- Conditions Imposing Additional Duties

      Where a condition in an appropriation bill or amendment thereto 
  seeks to impose on a federal official substantial duties that are 
  different from or in addition to those already contemplated in law, 
  the provision may be ruled out as legislative in nature. Thus, while 
  it is in order on a general appropriation bill to prohibit the 
  availability of funds therein for a certain activity, that prohibition 
  may not be made contingent upon the performance of a new affirmative 
  duty on the part of a federal official. Deschler Ch 26 Sec. 50. Other 
  provisions that have been ruled out under this rule have included:

     An amendment providing that no part of the money appropriated 
         shall be paid to any state unless and until the Secretary of 
         Agriculture is satisfied that such state has complied with 
         certain conditions. Deschler Ch 26 Sec. 50.2.
     Language providing that no part of a certain appropriation 
         shall be available until it is determined by the Secretary of 
         the Interior that authorization therefor has been approved by 
         the Congress. Deschler Ch 26 Sec. 50.3.
     An amendment providing that none of the money appropriated 
         shall be paid to persons in a certain category unless hereafter 
         appointed or reappointed by the President and confirmed by the 
         Senate. Deschler Ch 26 Sec. 50.4.
     A paragraph prohibiting the use of funds to pay for services 
         performed abroad under contract ``unless the President shall 
         have promulgated'' certain security regulations. Deschler Ch 26 
         Sec. 50.5.
     An amendment providing that no part of the appropriation shall 
         be used for land acquisition for airport access roads until the 
         FAA shall have held public hearings. Deschler Ch 26 Sec. 50.6.
     An amendment rendering an appropriation for energy 
         conservation services contingent upon recommendations by 
         federal officials. Deschler Ch 26 Sec. 50.7.
     Language making the availability of certain funds contingent 
         on legal determinations to be made by a federal court and an 
         executive department. 100-2, June 28, 1988, p 16261.


  Sec. 32 . Language Describing, Construing, or Referring to Existing 
            Law

                                 Generally

      It is in order in a general appropriation bill to include language 
  descriptive of authority provided in law so long as the description is 
  precise and does not change that authority in any respect. Deschler Ch 
  26 Sec. 23.1. But language in an appropriation bill construing or 
  interpreting existing law, although cast in the form of a limitation, 
  is legislation and not in order. Deschler Ch 26 Sec. 24. Likewise, an 
  amendment which does not limit or restrict the use or expenditure of 
  funds in the bill, but which directs the way

[[Page 100]]

  in which provisions in the bill must be interpreted or construed, is 
  legislation. Deschler Ch 26 Sec. 25.15; 100-2, May 17, 1988, p 11305. 
  The rationale underlying this rule is that a provision proposing to 
  construe existing law is in itself a proposition of legislation and 
  therefore not in order. 4 Hinds Secs. 3936-3938; Manual Sec. 842c. 
  Language in a general appropriation bill which has been ruled out 
  pursuant to this rule has included:

     Language broadening beyond existing law the definition of 
         services to be funded by an appropriation. Deschler Ch 26 
         Sec. 25.8.
     A provision defining certain expenses as 
         ``nonadministrative,'' for purposes of making a computation. 
         Deschler Ch 26 Secs. 22.13, 25.4.
     A provision making appropriations available for purchase of 
         station wagons ``without such vehicles being considered as 
         passenger motor vehicles.'' Deschler Ch 26 Sec. 22.12.
     An amendment construing certain language so as to permit the 
         withholding of funds for specific military construction 
         projects upon a determination that elimination of such projects 
         would not adversely affect national defense. Deschler Ch 26 
         Sec. 25.9.
     An amendment providing that nothing in the Act shall restrict 
         the authority of the Secretary of Education to carry out the 
         provisions of title VI of the Civil Rights Act of 1964. 96-2, 
         Aug. 27, 1980, p 23535.
     A statement in the bill that a limitation on funds therein is 
         to be considered a prohibition against payments to certain 
         parties in administrative proceedings. 100-2, May 17, 1988, p 
         11305.
     A provision directing the Selective Service Administration to 
         issue regulations to bring its classifications into conformance 
         with a Supreme Court decision. 101-1, July 20, 1989, p 15405.
     An amendment which expresses the sense of Congress that 
         reductions in appropriations in other bills should reflect the 
         proportionate reductions made in the pending bill. 101-2, Oct. 
         21, 1990, p ____.

                Incorporation by Reference to Existing Law

      An amendment to a general appropriation bill which incorporates by 
  reference the provisions of an existing law may be subject to a point 
  of order. 88-1, Oct. 10, 1963, pp 19258-60. Thus, in 1976, a paragraph 
  in a bill containing funds for the Corporation for Public Broadcasting 
  to be available ``in accordance with the provisions of titles VI and 
  VII of the Civil Rights Act of 1964'' was ruled out as legislation in 
  violation of Rule XXI clause 2, where it could not be shown that the 
  corporation was already sub-

[[Page 101]]

  ject to the provisions of that law. 94-2, June 24, 1976, pp 20414, 
  20415. Other provisions ruled out for the same reason have included:

     Language referring to conditions imposed on certain programs 
         in other appropriation acts and making those conditions 
         applicable to the funds being appropriated in the bill under 
         consideration. Deschler Ch 26 Sec. 22.6.
     Language in a general appropriation bill prescribing that the 
         provisions of a House-passed resolution ``shall be the 
         permanent law with respect thereto.'' Deschler Ch 26 Sec. 22.7.


  Sec. 33 . Particular Propositions as Legislation

      The rule (Rule XXI clause 2) that a proposition in a general 
  appropriation bill may not change existing law has been applied to a 
  wide variety of proposals. A sampling of these provisions, classified 
  by subject matter, are set out below.

                    Provisions Relating to Agriculture

     An amendment curtailing the use of funds for price support 
         payments to certain persons and defining the term ``person'' to 
         mean an individual, partnership, firm, joint stock company, or 
         the like. Deschler Ch 26 Sec. 39.10.
     An amendment providing that certain loans be exclusively for 
         the construction and operation of generating facilities for 
         furnishing electric energy to persons in certain rural areas. 
         Deschler Ch 26 Sec. 39.5.
     A proviso that certain land banks shall be examined once a 
         year instead of at least twice as provided by law, and changing 
         the law with reference to salaries of employees engaged in such 
         examinations. Deschler Ch 26 Sec. 39.9.

                      Provisions Relating to Commerce

     A paragraph carrying an appropriation for all expenses of the 
         Bureau of the Census necessary to collect, compile, analyze, 
         and publish a sample census of business. Deschler Ch 26 
         Sec. 40.5.
     Language providing that functions necessary to the compilation 
         of foreign trade statistics be performed in New York instead of 
         Washington, D.C. Deschler Ch 26 Sec. 40.4.

[[Page 102]]

                  Provisions Relating to Foreign Affairs

     A paragraph expressing the sense of the Congress concerning 
         the representation of the Chinese government in the United 
         Nations. Deschler Ch 26 Sec. 41.4.
     An amendment providing that ``a reasonable amount'' of the 
         funds provided to the Organization of American States may be 
         available for distribution in certain underdeveloped areas in 
         the United States. Deschler Ch 26 Sec. 41.9.
     An amendment stating the sense of Congress that any new Panama 
         Canal treaty must not abrogate or vitiate the ``traditional 
         interpretation'' of past Panama Canal treaties, with special 
         reference to territorial sovereignty. Deschler Ch 26 
         Sec. 41.10.

                 Provisions Relating to Federal Employment

     A provision changing the compensation received by government 
         employees under the law. 4 Hinds Secs. 3871, 3881.
     A proposition to increase the number of employees fixed by 
         law. 7 Cannon Sec. 1456; Deschler Ch 26 Sec. 43.13.
     Language authorizing a change in the manner of appointment of 
         clerks. 4 Hinds Sec. 3880.
     A provision permitting an executive official to delegate to an 
         administratie officer the authority to make appointments of 
         certain personnel. Deschler Ch 26 Sec. 45.5.
     Language authorizing the Secretary of Defense to adjust the 
         wages of certain civilian employees. 100-2, June 21, 1988, p 
         15450.
     A provision making it a felony for a member of an organization 
         of government employees that asserts the right to strike 
         against the government to accept salary or wages paid from 
         funds contained in the pending bill. Deschler Ch 26 Sec. 43.2.
     Language providing that the Secretary of State may, in his 
         discretion, terminate the employment of an employee whenever he 
         shall deem such termination necessary or advisable in the 
         interests of the United States. Deschler Ch 26 Sec. 43.4.
     Language exempting persons appointed to part-time employment 
         as members of a civil service loyalty board from application of 
         certain statutes. Deschler Ch 26 Sec. 43.15.

     Provisions Relating to Congressional Employment and Compensation

     Provisions increasing or providing additional salary to 
         Members of Congress. Deschler Ch 26 Sec. 44.1, 44.2.
     Language increasing the Members' telegraph, stationery, and 
         telephone allowances. Deschler Ch 26 Sec. 44.7.
     An amendment requiring a committee to promulgate rules to 
         limit the amount of official mail sent by Members. Deschler Ch 
         26 Sec. 44.10.
     An amendment providing that the clerk-hire roll of each Member 
         be increased by one employee. Deschler Ch 26 Sec. 44.3.

[[Page 103]]

     An amendment proposing that each Member may pay to a clerk-
         hire employee $8,000 in lieu of $6,000 as basic compensation. 
         Deschler Ch 26 Sec. 44.5.
     An amendment changing the procedure for the employment of 
         committee staff personnel. Deschler Ch 26 Sec. 44.9.

         Provisions Relating to Housing and Public Works Programs

     A provision restricting the contract authority of the Housing 
         and Home Finance Administrator to an amount ``within the limits 
         of appropriations made available therefor.'' Deschler Ch 26 
         Sec. 45.3.
     Language prohibiting occupancy of certain housing by persons 
         belonging to organizations designated as subversive and 
         requiring such prohibition to be enforced by local housing 
         authorities. Deschler Ch 26 Sec. 45.1.
     An appropriation for the construction of buildings for storage 
         of certain equipment and including a stated limit of cost for 
         construction of any such building. Deschler Ch 26 Sec. 45.7.
     A proposition to create ``necessary and special facilities'' 
         for transporting the mails on railroads. 4 Hinds Sec. 3804.


                      B. Changing Prescribed Funding


  Sec. 34 . In General

                     Generally; Mandating Expenditures

      Language in a general appropriation bill is permitted where it is 
  drafted simply as a negative restriction or limitation on the use of 
  funds. Sec. 50, infra. Such limitations may negatively affect the 
  allocation of funds as contemplated in existing law, but may not 
  explicitly change statutory directions for distribution. Deschler Ch 
  26 Sec. 77.2. It is in violation of clause 2 of Rule XXI to include 
  language in a general appropriation bill directing that funds therein 
  be obligated or distributed in a manner that is contrary to existing 
  law. 97-2, July 29, 1982, p 18637; 98-1, Oct. 5, 1983, p 27335. 
  Language directing that funds in the bill shall be distributed 
  ``without regard to the provisions'' of the authorizing legislation is 
  subject to a point of order. Deschler Ch 26 Sec. 36.1.
      While the Appropriations Committee may report a limitation on the 
  availability of funds within the reported bill, a limitation on the 
  obligation of funds, or a removal of an existing statutory limitation 
  on the obligation of funds contained in existing law, is legislation 
  and in violation of clause 2 of Rule XXI. 103-1, Sept. 23, 1993, p 
  ____.
      If existing law places a limit or cap on the total amount that may 
  be spent on a program, language in a general appropriation bill may 
  not direct an increase in that amount. 4 Hinds Secs. 3865-3867. 
  Similarly, a provision

[[Page 104]]

  making available indefinite sums for a particular program may be ruled 
  out as legislation in violation of Rule XXI clause 2 where existing 
  law provides that a definite amount must be specified for that purpose 
  in annual appropriation bills. Deschler Ch 26 Sec. 33.1. Where 
  mandatory funding levels have been earmarked for certain programs by 
  existing law, a provision in a general appropriation bill rendering 
  them ineffective may be ruled out as in violation of clause 2 of Rule 
  XXI. Deschler Ch 26 Sec. 36.5. In 1982, a paragraph in a general 
  appropriation bill directing that ``not less'' than a specified sum be 
  available for a certain purpose was ruled out as legislation 
  constituting a direction to spend a minimum amount and not a negative 
  limitation. 97-2, July 29, 1982, p 18623. An amendment to a general 
  appropriation bill denying funds therein for a program at less than a 
  certain amount constitutes legislation where existing law confers upon 
  a federal official discretionary authority to determine minimum levels 
  of expenditures. 95-2, July 20, 1978, p 21856. Language mandating a 
  certain allotment of funds at ``the maximum amounts authorized'' has 
  also been ruled out as legislation on an appropriation bill. Deschler 
  Ch 26 Sec. 36.2.
      Language in a general appropriation bill may not authorize the 
  adjustment of wages of government employees (101-1, Apr. 26, 1989, p 
  7525) or permit an increase in Members' office allowances only ``if 
  requested in writing'' (101-2, Oct. 21, 1990, p ____). Nor may it 
  mandate reductions in various appropriations by a variable percentage 
  calculated in relation to ``overhead.'' 102-2, June 24, 1992, p ____.

                   Change in Source or Method of Funding

      Where existing law authorizes appropriations out of a special fund 
  for a particular purpose, it is not in order in an appropriation bill 
  to direct that the money be taken from the general funds of the 
  Treasury for that purpose. Deschler Ch 26 Secs. 35.1, 35.2. Thus, 
  language in a bill providing funds for an agricultural project, for 
  which funding had been authorized from the receipts of timber sales 
  and not from appropriated funds, was ruled out as legislation in 
  violation of Rule XXI clause 2. Deschler Ch 26 Sec. 35.3. The language 
  in an appropriation bill appropriating funds in the Federal Aid 
  Highway Trust Fund for expenses of forest roads and trails was held to 
  be legislation and not in order where no authorization existed for the 
  expenditure from the Highway Trust Fund for those proposed purposes. 
  86-2, Feb. 9, 1960, p 2348.
      Language in a general appropriation bill that substitutes 
  borrowing authority in lieu of a direct appropriation is subject to a 
  point of order if contrary to existing law. Deschler Ch 26 Sec. 35.4.

[[Page 105]]

              Changing Allotment Formulas; Setting Priorities

      A provision in a general appropriation bill which changes the 
  legislative formula governing the allotment of funds to recipients is 
  legislation on an appropriation bill in violation of Rule XXI clause 
  2. Deschler Ch 26 Sec. 36.10; 101-1, Aug. 2, 1989, p 18123; Manual 
  Sec. 842e. It is not in order in a general appropriation bill to 
  establish priorities to be followed in the obligation or expenditure 
  of the funds where such priorities are not found in existing law. 
  Thus, a proviso specifying that an appropriation for veterans' job 
  training be obligated on the basis of those veterans unemployed the 
  longest time was conceded to be legislation where existing law did not 
  require that allocation of funds, and was ruled out as in violation of 
  Rule XXI clause 2. Deschler Ch 26 Sec. 36.17.
      Where existing law establishes priorities to be followed by an 
  executive official in the distribution of funds, an amendment to an 
  appropriation bill requiring that those funds be distributed in 
  accordance with such priorities may under some circumstances be 
  regarded as constituting a stronger mandate as to the use of those 
  funds and ruled out as a modification of the authorizing law, and 
  therefore out of order. Deschler Ch 26 Sec. 23.8.


  Sec. 35 . Affecting Funds in Other Acts

                                 Generally

      Language in a general appropriation bill which is applicable to 
  funds appropriated in another act may constitute legislation under 
  Rule XXI clause 2. 86-1, June 29, 1959, p 12132. Thus, an amendment to 
  an appropriation bill seeking to change a limitation on a previous 
  appropriation bill may be held to be legislation and not in order. 
  Deschler Ch 26 Sec. 27.26.

                                Rescissions

      Although under clause 2(b) of Rule XXI the Committee on 
  Appropriations may report in a general appropriation bill 
  ``rescissions of appropriations contained in appropriation Acts,'' 
  under clause 2(c) of Rule XXI an amendment to a general appropriation 
  bill may not change existing law, as by rescinding an appropriation 
  contained in another Act.


  Sec. 36 . Transfer of Funds-- Within Same Bill

      Transfers of appropriations within the confines of the same bill 
  are normally considered in order on a general appropriation bill if 
  not containing legislative language. Deschler Ch 26 Sec. 29; 86-1, 
  Mar. 24, 1959, p 5102. Thus, a general provision in an appropriation 
  bill permitting transfers of sums appropriated therein from one 
  subhead to another in that enactment

[[Page 106]]

  was held not to constitute legislation. Deschler Ch 26 Sec. 29.5. 
  Likewise, a provision in an appropriation bill may permit certain 
  funds to be available ``interchangeably'' for expenditure for various 
  authorized purposes. Deschler Ch 26 Sec. 29.8. And an amendment 
  providing that a particular authorized project should be financed out 
  of ``any available unallocated funds contained in this act'' was held 
  to be in order. Deschler Ch 26 Sec. 29.10. Such a provision may not 
  include legislative language, however; in one instance, for example, 
  language in a general appropriation bill authorizing the Secretary of 
  Labor to allot or transfer, with the approval of the Director of the 
  Budget, funds in the bill to an office within the Labor Department, 
  was held to be legislation because it imposed additional duties on the 
  Director of the Budget. Deschler Ch 26 Sec. 29.1.
      Language in a bill containing funds for an agency for certain 
  activities and permitting transfers of those funds to other 
  departments to carry out those activities (where existing law 
  authorized appropriations only to the agency) has been ruled out in 
  violation of Rule XXI clause 2. Deschler Ch 26 Sec. 30.22. And a 
  paragraph in a bill providing for transfers from the appropriation 
  therein to ``any department or agency'' was ruled out in violation of 
  Rule XXI clause 2 as constituting legislation on an appropriation 
  bill. Deschler Ch 26 Sec. 30.23.


  Sec. 37 . -- Transfer of Previously Appropriated Funds

      Language in an appropriation bill which is applicable to funds 
  appropriated in another act constitutes legislation in violation of 
  Rule XXI clause 2(b) (Deschler Ch 26 Sec. 30.10), and may also 
  constitute a reappropriation of unexpended balances in violation of 
  clause 6 (Deschler Ch 26 Sec. 30.20). Reappropriations generally, see 
  Sec. 60, infra. Thus, an amendment to an appropriation bill proposing 
  the transfer of funds previously appropriated in another appropriation 
  bill is legislation. Deschler Ch 26 Sec. 30.1. A point of order will 
  lie against language that attempts to transfer such funds from one 
  department to another. Deschler Ch 26 Secs. 30.16, 30.25.


  Sec. 38 . Making Funds Available Prior to, or Beyond, Authorized 
            Period

                    Generally; Availability of Balances

      It is provided by statute that the balance of an appropriation 
  limited for obligation to a definite period is available only for 
  payment of expenses properly incurred during the period of 
  availability or to complete contracts properly made within that period 
  of availability. 31 USC Sec. 1502. And it is not in order in a general 
  appropriation bill to provide that funds therein are

[[Page 107]]

  to be available beyond the fiscal year covered by the bill unless the 
  authorizing law permits that availability. Deschler Ch 26 Secs. 32.1, 
  32.10. Such language is held to ``change existing law'' in violation 
  of Rule XXI clause 2 because it extends the use of the funds beyond 
  the period permitted by law. Deschler Ch 26 Sec. 32.11.
      By statute, an appropriation in a regular, annual appropriation 
  law may be construed to be permanent or available continuously only if 
  the appropriation expressly provides that it is available after the 
  fiscal year covered by the law, or unless the appropriation is for 
  certain purposes, such as public buildings. 31 USC Sec. 1301. Amounts 
  appropriated to construct public buildings remain available until 
  completion of the work. When a building is completed and outstanding 
  liabilities for the construction are paid, balances remaining revert 
  immediately to the Treasury. 31 USC Sec. 1307.
      Provisions in appropriation bills that have been ruled out under 
  Rule XXI clause 2 on a point of order have included:

     Language providing funds to collect and publish certain 
         statistics on voting, to be available until the end of the next 
         fiscal year. Deschler Ch 26 Sec. 32.6.
     Language making fees and royalties collected pursuant to law 
         available beyond the current fiscal year. Deschler Ch 26 
         Sec. 32.9.
     Language making an appropriation for a census available beyond 
         the time for which it was originally authorized. Deschler Ch 26 
         Sec. 22.2.
     Language making appropriations for the Migratory Bird 
         Conservation Fund for the current year ``and each fiscal year 
         thereafter'' from the sale of stamps. Deschler Ch 26 Sec. 32.8.
     Language providing for funds for the Tennessee Valley 
         Authority to be available for the payment of obligations 
         chargeable against prior appropriations. Deschler Ch 26 
         Sec. 32.16.

                   Funds ``To Be Immediately Available''

      Language in an appropriation bill that the funds shall be 
  immediately available--that is, prior to the start of the fiscal year 
  covered by the bill--is subject to a point of order. A prior ruling 
  permitting immediate availability, that is, prior to the start of the 
  fiscal year covered by the bill (7 Cannon Secs. 1119, 1120) has been 
  superseded by more recent rulings proscribing such immediate 
  availability. 99-2, July 29, 1986, p ____; 100-2, June 28, 1988, p 
  ____. Making funds available in an earlier fiscal period may also have 
  Budget Act implications. Under the Budget Act, a measure containing a 
  new entitlement is subject to a point of order (see Sec. 401(b)(1)) 
  unless the entitlement (as defined by the Act) is to take effect after 
  the start of the appropriate fiscal year. See, for example, 99-2, June 
  26, 1986, p 15729. See Budget Process.

[[Page 108]]

  Sec. 39 . Funds ``To Remain Available Until Expended''

                                 Generally

      Authorization bills sometimes provide that appropriated funds are 
  ``to remain available until expended.'' Such language is permitted 
  where existing law authorizes the inclusion of language extending the 
  availability of funds for the purpose stated in that law. 99-1, June 
  11, 1985, p 15174. Conversely, where the authorizing statute does not 
  permit funds to remain available until expended or without regard to 
  fiscal year limitation, the inclusion of such availability in a 
  general appropriation bill has been held to constitute legislation in 
  violation of clause 2 Rule XXI. Deschler Ch 26 Secs. 32.1, 32.2, 
  32.10. 99-1, June 6, 1985, p 14610. However, language that certain 
  funds be ``available until expended'' may be included where other 
  existing law can be interpreted to permit that availability. Thus, a 
  provision in a general appropriation bill that funds therein for the 
  construction of the west front of the U.S. Capitol shall ``remain 
  available until expended'' was held not to constitute legislation in 
  violation of Rule XXI clause 2 where an existing law (31 USC 
  Sec. 1307) provided that funds for public building construction shall 
  remain available until the completion of the work. Deschler Ch 26 
  Sec. 32.1.

     Authority of Appropriations Committee to Confine Expenditure to 
                            Current Fiscal Year

      While authorizing legislation sometimes provides that funds 
  authorized therein shall ``remain available until expended,'' the 
  Committee on Appropriations has never been required, when 
  appropriating for those purposes, to specify that such funds must 
  remain available until expended. Indeed, the Appropriations Committee 
  often confines the availability of funds to the current fiscal year, 
  regardless of the limit of availability contained in the 
  authorization, and it may do so absent a clear showing that the 
  language in question was intended to require appropriations to be made 
  available until expended. Deschler Ch 26 Sec. 32.21.


  Sec. 40 . Reimbursements of Appropriated Funds

      If not authorized by existing law, language in a general 
  appropriation bill providing for the use of funds generated from 
  reimbursement, repayment, or refund, rather than from a direct 
  appropriation, may be ruled out as legislation under Rule XXI clause 
  2. Deschler Ch 26 Secs. 38.1 et seq. Pro-

[[Page 109]]

  visions in appropriation bills ruled out under this rule have included 
  requirements:

     That ``all refunds, repayments, or other credits on account of 
         funds disbursed under this head shall be credited to the 
         appropriation.'' Deschler Ch 26 Sec. 38.1.
     That appropriations contained in the Act may be reimbursed 
         from the proceeds of sales of certain material and supplies. 
         Deschler Ch 26 Sec. 38.2.
     That any part of the appropriation for salaries and expenses 
         be reimbursed from commissary earnings. Deschler Ch 26 
         Sec. 38.4.
     That repayment of federal appropriations for a certain airport 
         be made from income derived from operations. Deschler Ch 26 
         Sec. 38.10.
     That money received by the United States in connection with 
         any irrigation project constructed by the federal government 
         shall be covered into the general fund until such fund has been 
         reimbursed. Deschler Ch 26 Sec. 38.11.
     That receipts from nonfederal agencies representing 
         reimbursement for travel expenses of certain employees 
         performing advisory functions to such agencies be deposited in 
         the Treasury to the credit of the appropriation. Deschler Ch 26 
         Sec. 38.13.
     That certain advances be reimbursable during a fixed period 
         under rules and regulations prescribed by an executive officer. 
         Deschler Ch 26 Sec. 38.14.


                 C. Changing Executive Duties or Authority


  Sec. 41 . In General; Requiring Duties or Determinations

                                 Generally

      Where an amendment to or language in a general appropriation bill 
  explicitly places new duties on officers of the government or 
  implicitly requires them to make investigations, compile evidence, or 
  make judgments and determinations not otherwise required of them by 
  law, then it assumes the character of legislation under Rule XXI 
  clause 2 and is subject to a point of order. 4 Hinds Secs. 3854-3859; 
  Deschler Ch 26 Sec. 52; 91-1, July 31, 1969, pp 21653, 21675; Manual 
  Sec. 842d. The extra duties which may invalidate an amendment as being 
  ``legislation'' are duties not now required by law. The fact that they 
  may be presently in effect on a voluntary basis does not protect an 
  amendment from a point of order under clause 2 Rule XXI. Deschler Ch 
  26 Sec. 63.7 (note). The point of order will lie against language 
  requiring new determinations by federal officials whether or not state 
  officials administering the federal funds in question routinely make 
  such determinations. Deschler Ch 26 Sec. 52.33. Thus, in a general 
  appropriation bill, if

[[Page 110]]

  not already mandated by existing law, an executive official may not be 
  required:

     To make substantial findings in determining the extent of 
         availability of funds. 97-2, Dec. 9, 1982, pp 29690, 29691.
     To make evaluations of propriety and effectiveness. 97-1, Oct. 
         6, 1981, p 23361; 100-2, May 25, 1988, pp 12270-72.
     To include information in the annual budget on transfers of 
         appropriations. Deschler Ch 26 Sec. 52.10.
     To make determinations, in implementing a personnel reduction 
         program, as to which individual employees shall be retained. 
         Deschler Ch 26 Sec. 22.17.
     To implement certain conditions and formulas in determining 
         amounts to be charged as rent for public housing units. 
         Deschler Ch 26 Sec. 52.20.

                     Approval or Certification Duties

      Where existing law authorizes the availability of funds for 
  certain expenses when certified by an executive official, language in 
  a general appropriation bill containing funds for that purpose to be 
  accounted for solely upon his certificate may be held in order as not 
  constituting a change in existing law. 93-2, June 18, 1974, pp 19715, 
  19716. And appropriations for traveling expenses at meetings 
  ``considered necessary'' in the exercise of the agency's discretion 
  for the efficient discharge of its responsibilities were held 
  authorized by a law permitting inclusion of such language in the bill. 
  Deschler Ch 26 Sec. 52.28. But language in a general appropriation 
  bill authorizing the expenditure of funds on the approval of an 
  executive official and on his ``certificate of necessity for 
  confidential military purposes'' was held to change existing law and 
  was ruled out in violation of Rule XXI clause 2 when the Committee on 
  Appropriations failed to cite statutory authority for that method of 
  payment. Deschler Ch 26 Sec. 22.19. Even a proviso that certain 
  vouchers ``shall be sufficient'' for expenditure from the 
  appropriation has been ruled out as legislation in violation of Rule 
  XXI clause 2. Deschler Ch 26 Sec. 22.20.

                          Duty to Submit Reports

      It is not in order on a general appropriation bill to require an 
  executive official to submit reports not required by existing law. 7 
  Cannon Sec. 1442; 93-2, Apr. 30, 1974, p 12419. In 1986, a provision 
  requiring the Customs Service to submit a monthly report to a House 
  committee detailing the number of district positions authorized and 
  the number of positions vacant was conceded to require new 
  determinations not required by law and ruled out as legislation. 99-2, 
  Aug. 1, 1986, p 18647. And in one instance, where existing law 
  required submission of certain agency reports on a quarterly basis,

[[Page 111]]

  language making the availability of funds therein contingent upon the 
  prior submission of that report was held to change the reporting 
  requirement established pursuant to law and to constitute legislation 
  in violation of clause 2 of Rule XXI. 96-2, July 23, 1980, pp 19303, 
  19304.


  Sec. 42 . Burden of Proof

                                 Generally

      The burden of proof is on the proponent of an amendment to a 
  general appropriation bill to show that a proposed executive duty or 
  determination is required by existing law, and the mere recitation 
  that it is imposed pursuant to existing law and regulations, absent a 
  citation to the law imposing that responsibility, is not sufficient to 
  overcome a point of order that the amendment constitutes legislation. 
  Deschler Ch 26 Sec. 22.25.

            Determinations Incidental to Other Executive Duties

      If a proposed executive determination is not specifically required 
  by existing law, but is related to other executive duties, then the 
  proponent has the burden of proving that it is merely incidental 
  thereto. Thus, language in a general appropriation bill in the form of 
  a conditional limitation requiring determinations by federal officials 
  may be held to change existing law in violation of clause 2 Rule XXI, 
  unless the Committee on Appropriations can show that the new duties 
  are merely incidental to functions already required by law and do not 
  involve substantive new determinations. 99-1, July 26, 1985, p 20808.


  Sec. 43 . Altering Executive Authority or Discretion

                                 Generally

      A proposition in a general appropriation bill that interferes with 
  authority that has been conferred by law on an executive official 
  ``changes existing law'' under Rule XXI clause 2. 4 Hinds Sec. 3846; 
  Deschler Ch 26 Sec. 51.3. A proposition that significantly alters the 
  discretion conferred on the official also ``changes existing law'' 
  within the meaning of that rule. 4 Hinds Secs. 3848-3852; 7 Cannon 
  Sec. 1437; Manual Sec. 842d. Thus, where existing law authorized the 
  expenditure of funds for a program under broad supervisory powers 
  given to an executive official, provisions in an appropriation bill 
  which impose conditions affecting both the exercise of those powers 
  and the use of funds may be ruled out as legislation. Deschler Ch 26 
  Sec. 51.4.
      A provision in a general appropriation bill requiring the 
  performance of a duty by a federal official which, under existing law 
  he may at his discretion perform, constitutes legislation in violation 
  of Rule XXI clause 2. 95-

[[Page 112]]

  2, Aug. 8, 1978, p 24960. And while it is in order on a general 
  appropriation bill to limit the availability of funds therein for part 
  of an authorized purpose (Sec. 52, infra), language which restricts 
  not the funds but the discretionary authority of a federal official 
  administering those funds may be ruled out as legislation. 93-2, June 
  21, 1974, p 20600.
      Language in a general appropriation bill conferring discretionary 
  authority on an executive official where none exists under existing 
  law is subject to a point of order under Rule XXI clause 2. Deschler 
  Ch 26 Sec. 55.1. A proposition having the purpose of enlarging, rather 
  than restricting, an official's discretion, may also be viewed as 
  changing existing law. Deschler Ch 26 Sec. 51. In 1951, language 
  granting discretionary authority to the Secretary of the Army to use 
  funds for purposes ``desirable'' in expediting military production was 
  held to be legislation and not in order. Deschler Ch 26 Sec. 59.7.

            Earmarking Funds as Affecting Executive Discretion

      The earmarking of funds for a particular item from a lump-sum 
  appropriation may constitute a limitation on the discretion of the 
  executive charged with allotment of the lump sum and thus be subject 
  to a point of order under Rule XXI clause 2. 7 Cannon Sec. 1452. 
  Deschler Ch 26 Sec. 51.5. See also 101-1, July 12, 1989, p 14432. In 
  1955, language earmarking some of the appropriations for the Veterans' 
  Administration for a special study of its compensation and pension 
  programs was conceded to be legislation and held not in order. 
  Deschler Ch 26 Sec. 55.12.


  Sec. 44 . Mandating Studies or Investigations

      Language in a general appropriation bill describing an 
  investigation which may be undertaken with funds in the bill at the 
  discretion of an official upon whom existing law imposes a general 
  investigative responsibility does not constitute legislation and is 
  not in violation of Rule XXI clause 2. 93-2, Apr. 9, 1974, pp 10208, 
  10209. But where existing law gives an agency discretion to undertake 
  an investigation, language in a general appropriation bill that 
  requires the agency to make the investigation is legislation and 
  subject to a point of order. Deschler Ch 26 Sec. 51.7. And although an 
  executive official may have broad investigative responsibilities under 
  existing law, it may not be in order in a general appropriation bill 
  to impose a duty on him to undertake a specific additional study. 93-
  2, Apr. 9, 1974, pp 10205, 10206.
      The mere requirement in a general appropriation bill that an 
  executive officer be the recipient of information is not considered as 
  imposing upon him any additional burdens and is in order. 90-2, June 
  11, 1968, p 16712. Language has been upheld where it conditioned the 
  availability of funds on

[[Page 113]]

  certain information being ``made known'' to an executive official. 7 
  Cannon Sec. 1695. But language imposing new responsibilities on 
  federal officials beyond merely being the recipients of information 
  may constitute legislation in violation of Rule XXI clause 2. 95-1, 
  June 17, 1977, pp 19699, 19700. Thus, in 1974, language in a general 
  appropriation bill was ruled out as legislation when the Committee on 
  Appropriations conceded that agencies funded by the bill would be 
  required to examine extraneous documentary evidence--including hearing 
  transcripts--in addition to the language of the law itself, to 
  determine the purposes for which the funds had been appropriated. 93-
  2, June 21, 1974, pp 20612, 20613.


  Sec. 45 . Granting or Changing Contract Authority

                            Granting Authority

      Language in a general appropriation bill authorizing a 
  governmental agency to enter into contracts is legislation in 
  violation of Rule XXI clause 2 if such authority is not provided for 
  in existing law. 4 Hinds Secs. 3868-3870; Deschler Ch 26 Sec. 37.4. 
  Although under existing law it may be in order to appropriate money 
  for a certain purpose, it may not be in order in a general 
  appropriation bill to grant authority to incur obligations and enter 
  into contracts in furtherance of that purpose. Deschler Ch 26 
  Secs. 37.3, 37.4. Thus, language authorizing the Secretary of the 
  Interior to enter into contracts for the acquisition of land and 
  making future appropriations available to liquidate those obligations 
  was held legislation on an appropriation bill and not in order. 
  Deschler Ch 26 Sec. 37.8.

                           Waiving Contract Law

      Language in a general appropriation bill which waives the 
  requirements of existing law as to when certain contracts may be 
  entered into may be ruled out as legislation in violation of Rule XXI 
  clause 2. Deschler Ch 26 Sec. 37.14. Thus, language providing that 
  contracts for supplies or services may be made by an agency without 
  regard to laws relating to advertising or competitive bidding was 
  conceded to be legislation on an appropriation bill and held not in 
  order. Deschler Ch 26 Sec. 34.1.

                      Restricting Contract Authority

      A provision in a general appropriation bill changing existing law 
  by restricting the contract authority of an executive official may be 
  ruled out on a point of order as legislation under Rule XXI clause 2. 
  Deschler Ch 26 Sec. 45.3. In one instance, an amendment requiring the 
  Civil Aeronautics Authority to award contracts to the highest bidder 
  only after previously adver-

[[Page 114]]

  tising for sealed bids was ruled out as legislation. Deschler Ch 26 
  Sec. 46.3. In 1950, language authorizing an agency to enter into 
  contracts for certain purposes in an amount not to exceed $7 million 
  was conceded to be legislation on an appropriation bill and was ruled 
  out absent citation to an existing law authorizing inclusion of such 
  limitation. Deschler Ch 26 Sec. 37.12. Language in an appropriation 
  bill seeking to reduce or rescind contract authority contained in a 
  previous appropriation bill has also been ruled out as legislation 
  changing existing law. Deschler Ch 26 Secs. 22.14, 24.4. This is so 
  notwithstanding the adoption in 1974 of a rules change which gave the 
  Appropriations Committee jurisdiction over rescissions of 
  appropriations (as distinguished from rescission of contract 
  authority). Deschler Ch 26 Sec. 24.4 (note).
      The rulings in this section should be considered in the light of 
  Sec. 401(a) of the Congressional Budget Act of 1974, which precludes 
  consideration of measures reported by legislative committees providing 
  new spending authority unless the measure also provides that such 
  authority is to be effective ``only to such extent and in such amounts 
  as are provided in appropriation Acts.'' Since the adoption of this 
  law, language properly limiting the contractual authority of an 
  agency, if specifically permitted by law, would not render that 
  language subject to a point of order under Rule XXI clause 2. Deschler 
  Ch 26 Sec. 37.


                     D. The Holman Rule; Retrenchments


  Sec. 46 . In General; Retrenchment of Expenditures

                                 Generally

      The House rule that precludes the use of language changing 
  existing law in a general appropriation bill makes an exception for 
  ``germane provisions which retrench expenditures by the reduction of 
  amounts of money covered by the bill'' as reported. Rule XXI clause 
  2(b). This exception is referred to as the Holman rule, having been 
  named for the Member who first suggested it in 1876, William Holman of 
  Indiana. Manual Sec. 834.
      Decisions under the Holman rule have been rare in the modern 
  practice of the House. Manual Sec. 844a. The rule applies to general 
  appropriation bills only (7 Cannon Sec. 1482), and is not applicable 
  to funds other than those appropriated in the pending bill (7 Cannon 
  Sec. 1525). And in 1983, the House narrowed the Holman rule exception 
  to apply only to retrenchments reducing the dollar amounts of money 
  covered by the bill. Manual Sec. 844a.

[[Page 115]]

                Retrenchments and Limitations Distinguished

      A distinction should be noted between retrenchments offered under 
  the criteria of the Holman rule and ``limitations'' on appropriation 
  bills, discussed elsewhere in this article (Secs. 50-59, infra). Under 
  the Holman rule, a provision that is admittedly ``legislative'' in 
  nature is nevertheless held to fall outside the general prohibition 
  against such provisions, because it reduces the funds in the bill. The 
  limitations discussed in later sections are not ``legislation'' and 
  are permitted on the theory that Congress is not bound to appropriate 
  funds for every authorized purpose. Deschler Ch 26 Sec. 4.
      Under the modern practice, the ``Holman Rule'' does not apply to 
  limiting language that does not involve a reduction of dollar amounts 
  in the bill. See Manual Sec. 844a. An amendment which does not show a 
  reduction on its face and which is merely speculative is not in order 
  under the rule. 102-2, June 24, 1992, p ____.
      The words ``amounts of money covered by the bill'' in the rule 
  refer to the amounts specifically appropriated by the bill, but as 
  long as a provision calls for an obvious reduction at some point in 
  time during the fiscal year, it 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). 
  Manual Sec. 844a. Language held in order as effectuating a 
  retrenchment has included a proposition--legislative in form--
  providing that total appropriations in the bill be reduced by a 
  specified amount. Deschler Ch 26 Sec. 4.5.
      It has been said that the Holman rule should be strictly construed 
  in order to avoid the admission of ineligible legislative riders under 
  guise of a retrenchment. 7 Cannon Sec. 1510.


  Sec. 47 . Germaneness Requirements; Application to Funds in Other 
            Bills

      The Holman rule (Rule XXI clause 2), while permitting certain 
  retrenchment provisions as an exception to the prohibition against 
  legislation in appropriation bills, requires that such provisions be 
  germane. Manual Sec. 834. An amendment providing that appropriations 
  ``herein and heretofore made'' be reduced by a reduction of certain 
  employees was held to be legislative and not germane to the bill, 
  since it went to funds other than those carried therein, and was 
  therefore not within the Holman rule exception. 89-2, Oct. 18, 1966, p 
  27425. An amendment proposing to change existing law by repealing part 
  of a retirement act was held not germane and not in order under the 
  Holman rule. Deschler Ch 26 Sec. 5.15.

[[Page 116]]

  Sec. 48 . Reporting Retrenchment Provisions

      At one time, retrenching provisions in general appropriation bills 
  were reported by the legislative committees of the House. 7 Cannon 
  Sec. 1561. In 1983, the Holman rule was amended to eliminate the 
  separate authority of legislative committees to report amendments 
  retrenching expenditures; the new rule permits legislative committees 
  to merely recommend such retrenchments to the Appropriations Committee 
  for discretionary inclusion in the reported bill. Manual Secs. 834, 
  844a.


  Sec. 49 . Floor Consideration; Who May Offer

      A Member may offer in his individual capacity any germane 
  amendment providing legislation on an appropriation bill if it 
  retrenches expenditures under the conditions specified by Rule XXI 
  clause 2(b). 7 Cannon Sec. 1566. If an objection is made in the 
  Committee of the Whole that the particular provision constitutes 
  legislation, the proponent may cite the Holman rule in response to the 
  point of order:

      Member: Mr. Chairman, I make the point of order that the provision 
    constitutes a legislative proposition in an appropriation bill in 
    violation of Rule XXI clause 2(b).
      Proponent: Mr. Chairman, it is true that this is new legislation, 
    but it retrenches expenditure, and is therefore in order under the 
    Holman rule.

      Under the earlier practice, retrenching amendments to general 
  appropriation bills could be offered during the reading of the bill 
  for amendment in the Committee of the Whole. In 1983, Rule XXI was 
  narrowed to permit the consideration of 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. Manual Sec. 834. Generally, see Sec. 64, infra.


              IV. Limitations on General Appropriation Bills


  Sec. 50 . In General; When in Order

                                 Generally

      While general appropriation bills may not contain legislation, 
  limitations may validly be imposed under certain circumstances, where 
  the effect is not to directly change existing law. Deschler Ch 26 
  Sec. 1. The doctrine of limitations on a general appropriation bill 
  has emerged over the years primarily from rulings of Chairmen of the 
  Committee of the Whole. Deschler Ch 26 Sec. 22.26. The basic theory of 
  limitations is that, just as the House may de-

[[Page 117]]

  cline to appropriate for a purpose authorized by law, it may by 
  limitation prohibit the use of the money for part of the purpose while 
  appropriating for the remainder of it. The limitation cannot change 
  existing law, but may negatively restrict the use of funds for an 
  authorized purpose or project. Deschler Ch 26 Sec. 64.
      Set out below are the tests to be applied in determining whether 
  language in an appropriation bill or amendment thereto constitutes a 
  permissible limitation (from 7 Cannon Sec. 1706 and Deschler Ch 26 
  Sec. 64).

     Does the limitation apply solely to the appropriation under 
         consideration?

      Note: A limitation may be attached only to the appropriation under 
  consideration and may not be made applicable to moneys appropriated in 
  other acts. Sec. 59, infra.

     Does it operate beyond the fiscal year for which the 
         appropriation is made?

      Note: A limitation must apply solely to the fiscal year(s) covered 
  by the bill and may not be made a permanent provision of law. 4 Hinds 
  Sec. 3929.

     Is the limitation coupled with a phrase applying to official 
         functions, and if so, does the phrase give affirmative 
         directions in fact or in effect, although not in form?

      Note: A proposition to establish affirmative directions for an 
  executive officer constitutes legislation and is not in order on a 
  general appropriation bill. 4 Hinds Sec. 3854.

     Is it accompanied by a phrase which might be construed to 
         impose additional duties? Does it curtail or extend, modify, or 
         alter existing powers or duties, or terminate old or confer new 
         ones?

      Note: Limitations which change the duties imposed by law on an 
  executive officer in the expenditure of appropriated funds is not in 
  order. Sec. 54, infra.

     Is the limitation authorized in existing law for the period of 
         the limitation?

      Note: An amendment proposing a limitation not authorized in 
  existing law for the period of the limitation is not in order during 
  the reading of the bill by paragraph. Rule XXI clause 2(c); Manual 
  Sec. 834.

      A restriction on authority to incur obligations contained in a 
  general appropriation bill is legislative in nature and is not a 
  limitation on use of funds in the bill. 100-1, July 13, 1987, pp 
  19505, 19506.
      Certain amendments proposing limitations are in order only after 
  the reading of the bill for amendment has been completed and, if a 
  privileged motion to rise and report is offered (by the Majority 
  Leader or his designee), is rejected. The House rules permit 
  consideration at this time of amendments proposing limitations not 
  contained or authorized in existing law or proposing germane 
  amendments which retrench expenditures. Rule XXI clause 2(d). 
  Retrenchment of expenditures, see Sec. 46, supra.

[[Page 118]]

                   Construction of Rule; Burden of Proof

      The doctrine permitting limitations on a general appropriation 
  bill is strictly construed. Deschler Ch 26 Sec. 80.5. The language of 
  the limitation must not be such as, when fairly construed, would 
  change existing law (4 Hinds Secs. 3976-3983) or justify an executive 
  officer in assuming an intent to change existing law (4 Hinds 
  Sec. 3984; 7 Cannon Sec. 1707). The language of Rule XXI clause 2(c), 
  which permits limitation amendments during the reading of a bill by 
  paragraphs only if authorized by existing law, is likewise strictly 
  construed; it applies 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.'' 100-2, June 28, 1988, p 16267.
      To be in order the limitation must apply to a specific purpose, or 
  object, or amount of appropriation. If a proposed limitation goes 
  beyond the traditionally permissible objectives of a limitation, as 
  for example by restricting discretion in the timing of the expenditure 
  of funds rather than restricting their use for a specific object or 
  purpose, the Chair may rule that the amendment constitutes legislation 
  in the absence of a convincing argument by the proponent that the 
  amendment does not change existing law. Deschler Ch 26 Sec. 80.5.
      As a general proposition, whenever a limitation is accompanied by 
  the words ``unless,'' ``except,'' ``until,'' ``if,'' or the like, 
  there is ground to view the provision with the suspicion that it may 
  be legislation; and in case of doubt as to its ultimate effect the 
  doubt should be resolved on the conservative side. Deschler Ch 26 
  Sec. 52.2. The limitation may not be accompanied by language stating a 
  motive or purpose in carrying it out. Deschler Ch 26 Sec. 66.4. Where 
  terms used in a purported limitation are challenged because of their 
  ambiguity or indefiniteness, the burden is on its proponent to show 
  that no new duties would arise in the course of applying its terms. 
  Deschler Ch 26 Sec. 57.17 (note).

                         Effecting Policy Changes

      While a limitation on a general appropriation bill may not involve 
  changes of existing law or affirmatively restrict executive 
  discretion, it may, by a simple denial of the use of funds, change 
  administrative policy and be in order. Deschler Ch 26 Sec. 51.15. For 
  example, in one instance during consideration of an army appropriation 
  bill in 1931, an amendment was allowed which provided that the funds 
  appropriated could not be used for compulsory military training in 
  certain schools. The Chair noted that the amendment ``simply refuses 
  to appropriate for purposes which are authorized by law and for which 
  Congress may or may not appropriate as it sees

[[Page 119]]

  fit,'' and that while the amendment did in fact change a policy of the 
  War Department, ``a change of policy can be made by the failure of 
  Congress to appropriate for an authorized object.'' 7 Cannon 
  Sec. 1694.

              Limitations Relating to Tax and Tariff Measures

      Revenue measures fall within the jurisdiction of the Committee on 
  Ways and Means. Rule X clause 1(s). Manual Sec. 688. Tax measures may 
  not be reported by any committee not having jurisdiction thereof. Rule 
  XXI clause 5(b). Manual Sec. 846b. In determining whether a limitation 
  in a general appropriation bill constitutes a tax measure proscribed 
  by this clause, the Chair will consider argument as to the certainty 
  of impact on revenue collections and tax status or liability. 99-2, 
  Aug. 1, 1986, p 18649. A limitation on the use of funds contained in 
  such a bill may be held to violate this clause where the limitation 
  has the effect of requiring the collection of revenues not otherwise 
  provided for by law (98-1, Oct. 27, 1983, pp 29611, 29612), or where 
  it is shown that the imposition of the restriction on IRS funding for 
  the fiscal year would preclude the IRS from collecting revenues 
  otherwise due and owing by law (99-1, July 26, 1985, p 20806; 99-2, 
  Aug. 1, 1986, p 18649). See also 101-2, July 13, 1990, p ____.


  Sec. 51 . Limitations on Amount Appropriated

                                 Generally

      A negative restriction on the use of funds above a certain amount 
  in an appropriation bill is in order as a limitation. 91-1, July 30, 
  1969, p 21471. As long as a limitation on the use of funds 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 which would have to be 
  accounted for separately in carrying out the limitation. 96-2, Aug. 
  20, 1980, pp 22171, 22172.

                       ``Not To Exceed'' Limitations

      Language that an expenditure ``is not to exceed'' a certain amount 
  is permissible. Deschler Ch 26 Sec. 67.36. But the fact that funds in 
  a general appropriation bill are included in the form of a ``not to 
  exceed'' limitation does not preclude a point of order under clause 
  2(a), Rule XXI that the funds are not authorized by law. 100-2, June 
  21, 1988, pp 15438-40.

                      Ceilings on Total Expenditures

      Many limitations on funding that are offered to general 
  appropriation bills apply to only one of the agencies covered by the 
  bill. But a limitation may be drafted in such a way as to place a 
  ceiling on the total amount to

[[Page 120]]

  be expended by all agencies covered by the bill. Deschler Ch 26 
  Secs. 80.1, 80.2.

                            Spending ``Floors''

      Precedents holding in order negative restrictions on the use of 
  funds must be distinguished from cases where an amendment, though cast 
  in the form of a limitation, can be interpreted to require the 
  spending of more money--for example, an amendment prohibiting the use 
  of funds to keep less than a certain number of people employed. A 
  ``floor'' on employment levels is tantamount to an affirmative 
  direction to hire no fewer than a specified number of employees, and 
  would be subject to a point of order as legislation. Deschler Ch 26 
  Sec. 51.15 (note). That point of order will also lie against an 
  amendment requiring not less than a certain sum to be used for a 
  particular purpose where existing law does not mandate such 
  expenditure. 97-2, July 29, 1982, p 18623.


  Sec. 52 . Limitations on Particular Uses

                                 Generally

      An amendment prohibiting the use of funds in a general 
  appropriation bill for a certain purpose is in order, although the 
  availability of funds for that purpose is authorized by law. Deschler 
  Ch 26 Sec. 64.1. Such limitations are in order even though contracts 
  may be left unsatisfied thereby. Deschler Ch 26 Sec. 64.25. An 
  amendment to a general appropriation bill which is strictly limited to 
  funds appropriated in the bill, and which is negative and restrictive 
  in character and prohibits certain uses of the funds, is in order as a 
  limitation even though its imposition will change the present 
  distribution of funds and require incidental duties on the part of 
  those administering the funds. Deschler Ch 26 Sec. 67.19. Thus, it has 
  been held in order in a general appropriation bill to deny the use of 
  funds:

     For federal officials to formulate or carry out tobacco 
         programs. 95-1, June 20, 1977, p 19882.
     To pay certain rewards. 96-1, July 13, 1979, p 18451.
     For implementation of any plan to invade North Vietnam. 
         Deschler Ch 26 Sec. 70.1.
     For the operation and maintenance of facilities where 
         intoxicating beverages are sold or dispensed. Deschler Ch 26 
         Sec. 70.4.
     To pay government employees a larger wage than that paid for 
         the same work in private industry. 7 Cannon Sec. 1591.
     For work on which naval prisoners were employed in preference 
         to registered laborers and mechanics. 7 Cannon Sec. 1646.
     For salaries or compensation for legal services in connection 
         with any suit to enjoin labor unions from striking. 7 Cannon 
         Sec. 1638.

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     For agriculture commodity programs under which payments to any 
         single farmer would exceed a certain dollar amount. Deschler Ch 
         26 Sec. 67.33.
     For expansion of court facilities at Flint, Mich. Deschler Ch 
         26 Sec. 69.6.
     For dissemination of market information over government-owned 
         or leased wires serving privately owned newspapers, radio, or 
         television. Deschler Ch 26 Sec. 67.9.

                           Partial Restrictions

      An amendment to a general appropriation bill which restricts the 
  use of money in the bill to a part of an authorized project is in 
  order though the bill would otherwise permit full funding of the 
  authorization. 91-1, July 22, 1969, p 20329. While it is not in order 
  as an amendment to a general appropriation bill to directly restrict 
  the discretionary authority of a federal agency (Sec. 53, infra), it 
  is permissible to limit the availability of funds in the bill for part 
  of an authorized purpose while appropriating for the remainder. 93-2, 
  June 21, 1974, pp 20601, 20602. In the 95th Congress, the Chair 
  indicated that an amendment to a general appropriation bill negatively 
  restricting funding therein for part of a discretionary activity 
  authorized by law would be in order if no new affirmative duties or 
  determinations were thereby required. 95-2, June 9, 1978, p 16996.

                Restrictions Relating to Agency Regulations

      It is in order on a general appropriation bill to deny the use of 
  funds to carry out an existing agency regulation. Deschler Ch 26 
  Sec. 64.28. Thus, an amendment providing that no part of a lump sum 
  shall be used to promulgate or enforce certain rules or regulations 
  precisely described in the amendment was held to be a proper 
  limitation restricting the availability of funds and in order. 
  Deschler Ch 26 Sec. 79.7. The fact that the regulation for which funds 
  are denied may have been promulgated pursuant to court order and 
  pursuant to constitutional provisions is an argument on the merits of 
  the amendment and does not render it legislative in nature. Deschler 
  Ch 26 Sec. 64.28.


  Sec. 53 . Interference With Executive Discretion

      Assuming that it does not change existing law, a negative 
  restriction on the availability of funds for a specified purpose in a 
  general appropriation bill may be a proper limitation even though it 
  indirectly interferes with an executive official's discretionary 
  authority by denying the use of funds. Deschler Ch 26 Sec. 64.26. The 
  limitation may in fact amount to a change in policy, but if the 
  limitation is merely a negative restriction on use of funds, it will 
  normally be allowed. 7 Cannon Sec. 1694; Deschler Ch 26 Sec. 51. Thus,

[[Page 122]]

  it is in order on a general appropriation bill to provide that no 
  part, or not more than a specified amount, of an appropriation shall 
  be used in a certain way, even though executive discretion be thereby 
  negatively restricted. 4 Hinds Sec. 3968; Deschler Ch 26 Sec. 51.9.
      On the other hand, it is not in order, under the guise of a 
  limitation, to affirmatively interfere with executive discretion by 
  coupling a restriction on the payment of funds with a positive 
  direction to perform certain duties contrary to existing law. Deschler 
  Ch 26 Sec. 51.12. For example, an amendment prohibiting funds from 
  being used to handle parcel post at less than attributable cost was 
  ruled out on the point of order that its effect would directly 
  interfere with the Postal Rate Commission's quasi-discretionary 
  authority to establish postal rates under guidelines in law. Deschler 
  Ch 26 Sec. 51.22.
      The point of order lies against language enlarging or granting new 
  discretionary authority as well as to language curtailing executive 
  discretion. An amendment in the form of a limitation providing that no 
  part of the appropriated funds shall be paid to any state unless the 
  Secretary of Agriculture is satisfied that the state has complied with 
  certain conditions was held to be legislation imposing new 
  discretionary authority on a federal official. Deschler Ch 26 
  Sec. 52.25.


  Sec. 54 . Imposing Duties or Requiring Determinations

                   Generally; Imposing Executive Duties

      While it is in order in a general appropriation bill to limit the 
  use of funds for an activity authorized by law, the House may not, 
  under the guise of a limitation in the bill, impose additional new 
  burdens and duties on an executive officer. 91-1, July 31, 1969, pp 
  21631-33. Such a provision may be ruled out as legislation on a 
  general appropriation bill in violation of clause 2 Rule XXI. 89-2, 
  Oct. 4, 1966, p 24975. Of course, the application of any limitation on 
  an appropriation bill places some minimal extra duties on federal 
  officials, who, if nothing else, must determine whether a particular 
  use of funds is prohibited by the limitation; but when an amendment, 
  while curtailing certain uses of funds carried in the bill, explicitly 
  places new duties on officers of the government or inevitably requires 
  them to make investigations, compile evidence, discern the motives or 
  intent of individuals, or make judgments not otherwise required of 
  them by law, then it assumes the character of legislation and is 
  subject to a point of order. Deschler Ch 26 Sec. 52.4.

[[Page 123]]

                    Requiring Executive Determinations

      A restriction on the use of funds in a general appropriation bill 
  which requires a federal official to make a substantive determination 
  not required by any law applicable to his authority, thereby requiring 
  new investigations not required by law, is legislation in violation of 
  Rule XXI clause 2. Deschler Ch 26 Sec. 52.38. Thus, it is not in order 
  to require federal officials, in determining the extent of 
  availability of funds, to make substantial findings not required by 
  existing law (97-2, Dec. 9, 1982, pp 29690, 29691), or to make 
  evaluations of propriety and effectiveness not required to be made by 
  existing law (97-1, Oct. 6, 1981, p 23361). Language requiring new 
  determinations by federal officials is subject to a point of order 
  regardless of whether or not state officials administering the federal 
  funds in question routinely make such determinations. Deschler Ch 26 
  Sec. 61.12.
      On the other hand, if the determinations required by the language 
  are already required by law, no point of order lies. For example, an 
  amendment denying funds to rehire certain federal employees engaged in 
  a strike in violation of federal law was held in order as a limitation 
  not requiring new determinations on the part of federal officials 
  administering those funds, since existing law and a court order 
  enjoining the strike already imposed an obligation on the 
  administering officials to enforce the law. Deschler Ch 26 Sec. 74.6.

                  Impermissible Duties or Determinations

      Set out below are provisions offered to general appropriation 
  bills that have been ruled out under Rule XXI clause 2 as imposing new 
  duties or requiring new determinations not found in existing law:

     An amendment proposing a reduction of expenditures through an 
         apportionment procedure authorized by law, but requiring such 
         reduction to be made ``without impairing national defense.'' 
         Deschler Ch 26 Sec. 52.6.
     Language prohibiting use of funds for the furnishing of 
         sophisticated weapons systems to certain countries ``unless the 
         President determines'' it to be important to the national 
         security, such determination to be reported within 30 days to 
         the Congress. 91-2, June 4, 1970, p 18400.
     An amendment providing that no part of the appropriation could 
         be used to make grants or loans to any country which the 
         Secretary of State believed to be dominated by the foreign 
         government controlling the world Communist movement. Deschler 
         Ch 26 Sec. 59.17.
     An amendment prohibiting payment of funds in the bill for the 
         support of any action resulting in the destruction of a 
         structure of historic or cultural significance. Deschler Ch 26 
         Sec. 52.17.
     Language providing funds for grants to states for unemployment 
         compensation ``only to the extent that the Secretary finds 
         necessary.'' Deschler Ch 26 Sec. 52.14.

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     A paragraph requiring that appropriations in the bill be 
         available for expenses of attendance of officers and employees 
         at meetings or conventions ``under regulations prescribed by 
         the Secretary.'' Deschler Ch 26 Sec. 52.13.
     An amendment restricting the availability of funds for certain 
         countries until the President reports to Congress his 
         determination that such country does not deny or impose more 
         than nominal restrictions on the right of its citizens to 
         emigrate. Deschler Ch 26 Sec. 55.5.
     An amendment denying the use of funds for foreign firms which 
         receive certain government subsidies but permitting the 
         President to waive such restriction in the national interest 
         with prior notice to Congress. Deschler Ch 26 Sec. 56.7.
     An amendment denying the use of funds for a certain 
         publication until there had been a review of all conclusions 
         reached therein and a determination that they were factual. 96-
         2, July 30, 1980, pp 20504-506.
     A provision limiting the availability of funds for grants-in-
         aid to any airport that failed to provide designated and 
         enforced smoking and nonsmoking areas for passengers in airport 
         terminal areas. 99-2, July 30, 1986, p 18188.
     A section restricting funds for special pay of physicians or 
         dentists whose ``primary'' duties were administrative. 98-1, 
         Nov. 2, 1983, p 30494.
     A provision restricting funds to carry out any requirement 
         that small business meet certain prequalifications of 
         ``acceptable'' product marketability to be eligible to bid on 
         certain defense contracts. 98-1, Nov. 2, 1983, p 30495.

                   Determinations as to Intent or Motive

      An amendment curtailing the use of the funds for certain purposes 
  if the use is with a certain intent or motive requires new 
  determinations by the officials administering the funds and is subject 
  to a point of order as legislation. 91-1, July 31, 1969, pp 21653, 
  21675. Thus an amendment prohibiting the use of funds in the bill to 
  pay rewards for information leading to the detection of any person 
  violating certain laws, or ``conniving'' to do so, was ruled out as 
  legislation since requiring the executive branch to determine what 
  constitutes ``conniving'' at violating the law. 96-1, July 13, 1979, p 
  18451. Similarly, an amendment denying use of funds in the bill to 
  grant business licenses to persons selling drug paraphernalia 
  ``intended for use'' in drug preparation or use was ruled out as 
  legislation requiring new duties and judgments of government 
  officials. Deschler Ch 26 Sec. 23.18. In the 93d Congress, an 
  amendment prohibiting the use of funds in the bill for abortions or 
  abortion-related services, and defining abortion as the 
  ``intentional'' destruction of unborn human life, was conceded to 
  impose new affirmative duties on officials administering the funds and 
  was ruled out as legislation. Deschler Ch 26 Sec. 25.14. And in 1984, 
  a paragraph denying use

[[Page 125]]

  of funds in the bill to sell certain loans except with the consent of 
  the borrower was conceded to be legislation requiring new 
  determinations of ``consent'' and was ruled out in violation of clause 
  2(c) of Rule XXI. 98-2, May 31, 1984, p 14590.

       Negative Prohibition and Affirmative Direction Distinguished

      To be permitted in a general appropriation bill, a limitation must 
  be in effect a negative prohibition on the use of the money, not an 
  affirmative direction to an executive officer. 4 Hinds Sec. 3975. When 
  it assumes affirmative form by direction to an executive in the 
  discharge of his duties under existing law, it ceases to be a 
  limitation and becomes legislation. 7 Cannon Sec. 1606. The limitation 
  must be in effect a negative prohibition which proposes an easily 
  discernible standard for determining the application of the use of 
  funds. Deschler Ch 26 Sec. 52.23.

                      Imposing ``Incidental'' Duties

      The fact that a limitation on the use of funds may impose certain 
  incidental burdens on executive officials does not destroy the 
  character of the limitation as long as it does not directly amend 
  existing law and is descriptive of functions and findings already 
  required to be undertaken by existing law. Deschler Ch 26 Sec. 71.2; 
  Manual Sec. 843c. Thus, an amendment reducing the availability of 
  funds for trade adjustment assistance by amounts of unemployment 
  insurance entitlements was held in order where the law establishing 
  trade adjustment assistance already required the disbursing agency to 
  take into consideration levels of unemployment insurance in 
  determining payment levels. 96-2, June 18, 1980, p 15355.
      The proponent should show that the new duties are merely 
  incidental to functions already required by law and do not involve 
  substantive new determinations. 99-1, July 26, 1985, p 20808.

                   Effect of Information ``Made Known''

      As noted above (Sec. 44, supra), the mere requirement that the 
  executive officer be the recipient of information is not considered as 
  imposing upon him any additional burdens and is in order. Deschler Ch 
  26 Sec. 52.5. Where the language on its face merely recites a passive 
  situation as a condition precedent for receipt of funds, as opposed to 
  imposing an ongoing responsibility on a federal official to ascertain 
  information, the language may be a proper limitation. Deschler Ch 26 
  Sec. 59.19 (note). Thus, a provision denying funds to an executive 
  when certain information ``shall be made known'' to the executive has 
  been upheld as a limitation. 7 Cannon Sec. 1695. For a similar ``made 
  known'' provision, see 103-1, June 30, 1993, p ____. See

[[Page 126]]

  also 101-1, Aug. 1, 1981, pp 17156-60, and 104-1, June 22, 1995, p 
  ____, where motions to recommit general appropriation bills with 
  ``made known'' limitations were ruled out as limitations which had not 
  been considered in the Committee of the Whole and were thus not in 
  order on the motion to recommit. See Rule XXI clause 2(d). (They were 
  not challenged as ``legislation'' in violation of Rule XXI clause 
  2(c).)

                  Imposing Duties on Nonfederal Official

      Under the modern practice, it is not in order to make the 
  availability of funds in a general appropriation bill contingent upon 
  a substantive determination by a state or local government official or 
  agency which is not otherwise required by existing law. 81-1, Mar. 30, 
  1949, p 3531; 99-1, July 25, 1985, p 20569. See Deschler Ch 26 Sec. 53 
  (note).


  Sec. 55 . -- Duties Relating to Construction or Implementation of Law

                      Duty of Statutory Construction

      While all limitations on funds on appropriation acts require 
  federal officials to construe the language of that law in 
  administering those funds, that duty of statutory construction, absent 
  a further imposition of an affirmative direction not required by law, 
  does not destroy the validity of the limitation. Deschler Ch 26 
  Sec. 64.30. Thus, an amendment restricting the use of funds for 
  abortion or abortion-related services and activities was upheld as a 
  negative limitation imposing no new duties on federal officials other 
  than to construe the language of the limitation in administering the 
  funds. Deschler Ch 26 Sec. 73.8. And it is in order on a general 
  appropriation bill to deny funds for the payment of salary to a 
  federal employee who is not in compliance with a federal law, if the 
  limitation places no new duties on the federal official who is already 
  charged with enforcing that law. Deschler Ch 26 Sec. 52.34.
      On the other hand, it is not in order in a general appropriation 
  bill to limit the use of an appropriation and to provide how existing 
  laws, rules, and regulations should be construed in carrying out the 
  limitation. 96-1, July 16, 1979, p 18806. Nor is it in order to 
  condition the availability of funds or contract authority upon an 
  interpretation of local law where that determination is not required 
  by existing law. 97-1, July 17, 1981, pp 16326, 16327.

               Implementation of Existing Rules or Policies

      It is in order on a general appropriation bill to make the 
  availability of funds therein contingent upon the implementation of a 
  policy already enacted into law, providing the description of that 
  policy is precise and does not impose additional duties on the 
  officials responsible for its implementa-

[[Page 127]]

  tion. 92-1, Nov. 17, 1971, p 41838. And an amendment prohibiting the 
  use of funds in the bill to an agency to implement a ruling of the 
  agency may be held in order as a limitation, where the amendment is 
  merely descriptive of an existing ruling already promulgated by that 
  agency and does not require new executive determinations. Deschler Ch 
  26 Sec. 64.27.


  Sec. 56 . Conditional Limitations

                                 Generally

      The House may by limitation on a general appropriation bill 
  provide that an appropriation shall be available contingent on a 
  future event. 7 Cannon Sec. 1579. However, it is not in order:

     To make the availability of funds in the bill contingent upon 
         a substantive determination by an executive official which he 
         is not otherwise required by law to make. 92-1, June 23, 1971, 
         p 21647.
     To impose additional duties on an executive officer and to 
         make the appropriation contingent upon the performance of such 
         duties. 95-2, June 7, 1978, p 16677.
     To condition the use of such funds on the performance of a new 
         duty not expressly required by law. 95-1, June 23, 1977, p 
         20597. 93-1, Apr. 17, 1973, p 12781.

      To a bill making appropriations for the U.S. contribution to 
  various international organizations, an amendment providing that none 
  of the funds might be expended until all other members had met their 
  financial obligations was ruled out as legislation which imposed a 
  duty on a federal official to determine the extent of such 
  obligations. Deschler Ch 26 Sec. 59.16.
      In one recent instance, an amendment limiting funds for foreign 
  aid until the President submitted a report analyzing the effectiveness 
  of U.S. economic assistance for each recipient country was held to 
  change existing law and was ruled out of order as a violation of 
  clause 2 of Rule XXI. 100-2, May 25, 1988, p 12270. But the imposition 
  of certain incidental burdens on executive officials will not destroy 
  the character of the limitation so long as those duties--such as 
  statistical comparisons and findings of residence and employment 
  status--are already mandated by law. 94-2, Aug. 25, 1976, p 27739.
      Language in a general appropriation bill in the form of a 
  conditional limitation requiring determinations by federal officials 
  will be held to change existing law in violation of clause 2, Rule XXI 
  unless the Committee on Appropriations can show that the new duties 
  are merely incidental to functions already required by law and do not 
  involve substantive new determinations. 99-1, July 26, 1985, p 20808.

[[Page 128]]

      A conditional limitation in a general appropriation bill is also 
  subject to a point of order where the condition is not related to the 
  expenditures specified in the bill. Where a bill contained funds not 
  only for certain allowances for former President Nixon, and also for 
  other departments and agencies, an amendment delaying the availability 
  of all funds in the bill until Nixon had made restitution of a 
  designated amount to the U.S. government was ruled out as not germane 
  and as legislation, where that contingency was not related to the 
  availability of other funds in the bill. 93-2, Oct. 2, 1974, pp 33620, 
  33621. Conditions as legislation on appropriation bills generally, see 
  Sec. 29, supra.

                           Condition Subsequent

      Where the expenditure of funds made available in an appropriation 
  bill is subject to a condition subsequent--so that spending is to 
  cease upon the occurrence of a specified condition--the language may 
  be upheld as a proper limitation on an appropriation bill, provided 
  that it does not change existing law. This is so even though the 
  contingency specified may never occur. Deschler Ch 26 Sec. 67.2. Thus, 
  a provision that an appropriation for the pay of volunteer soldiers 
  should not be available longer than a certain period after the 
  ratification of a treaty of peace was upheld as a limitation. 4 Hinds 
  Sec. 4004. Other conditions subsequent that have been upheld as 
  limitations have included:

     An amendment stating that if the appropriations act were to be 
         declared unconstitutional by the Supreme Court, none of the 
         money provided could thereafter be spent. Deschler Ch 26 
         Sec. 76.6.
     An amendment terminating the use of the appropriated funds 
         after the passage of certain legislation pending before the 
         Congress. Deschler Ch 26 Sec. 64.10.

      On the other hand, it is not in order in a general appropriation 
  bill to restrict the discretionary authority of an executive official 
  by a condition subsequent which changes existing law. 99-1, July 31, 
  1985, p 21909. For example, where existing law confers discretionary 
  authority on an executive agency as to the submission of health and 
  safety information by applicants for licenses, an amendment to a 
  general appropriation bill restricting that discretion by requiring 
  the submission of such information as a condition of receiving funds 
  constitutes legislation. 96-1, June 18, 1979, pp 15286, 15287.

   Conditions Relating to the Application or Interpretation of State Law

      A limitation in a general appropriation bill may be upheld where 
  it denies funds for a certain activity where that activity would be in 
  violation of state law. But such a limitation may be subject to a 
  point of order if

[[Page 129]]

  it imposes on federal officials a duty to become conversant with a 
  variety of state laws and regulations. Whether such duty would 
  constitute a new or additional duty not contemplated in existing law 
  would then be at issue. Deschler Ch 26 Sec. 67.8. 97-1, July 17, 1981, 
  pp 16326, 16327.
      Language in an appropriation bill which specifies that funds 
  therein shall not be used for any project which ``does not have local 
  official approval'' has been upheld as not imposing additional duties, 
  and in order. 89-1, Oct. 14, 1965, p 26994.


  Sec. 57 . Exceptions to Limitations

      An exception to a valid limitation in a general appropriation bill 
  is in order, providing the exception does not add legislative language 
  in violation of Rule XXI clause 2. Deschler Ch 26 Secs. 64.14, 64.15, 
  66.7. An exception from a limitation on the use of funds stating that 
  the limitation does not prohibit their use for certain designated 
  federal activities may be held in order as not containing new 
  legislation if those activities are already mandated by law. Deschler 
  Ch 26 Sec. 66.6. Set out below are other exceptions to limitations in 
  general appropriation bills that have been held in order:

     An amendment inserting ``Except as required by the 
         Constitution'' in provisions prohibiting the use of funds to 
         force a school district to take action involving the busing of 
         students. Deschler Ch 26 Sec. 64.14.
     A paragraph denying use of funds for antitrust actions against 
         units of local government, but providing that the limitation 
         did not apply to private antitrust actions. Deschler Ch 26 
         Sec. 66.10.
     In an amendment prohibiting the use of funds for food stamp 
         assistance for certain households, language stating that such 
         limitation did not apply to a household eligible for general 
         assistance from a local government. Deschler Ch 26 Sec. 64.15.

      Exceptions to limitation amendments which fail to comply with the 
  principle that limiting language must not contain legislation are 
  subject to a point of order under Rule XXI clause 2. Deschler Ch 26 
  Sec. 63.7. That point of order will lie, for example, against an 
  exception from a limitation if it contains legislation requiring new 
  executive determinations. 94-2, June 16, 1976, pp 18681, 18682. 
  However, an exception from a limitation may include language precisely 
  descriptive of authority provided in law so long as the exception only 
  requires determinations already required by law and does not impose 
  new duties on federal officials. Deschler Ch 26 Sec. 66.3.


  Sec. 58 . Limitations as to Recipients of Funds

      While it is not in order in a general appropriation bill to 
  legislate as to qualifications of the recipients of an appropriation, 
  the House may specify

[[Page 130]]

  that no part of the appropriation shall go to recipients lacking 
  certain qualifications. 7 Cannon Sec. 1655; Manual Sec. 843a. See also 
  Deschler Ch 26 Sec. 53. It is in order to describe the qualifications 
  of the recipients of the funds and to deny the availability of those 
  funds to recipients not meeting those criteria, the restriction being 
  confined to the fiscal year covered by the bill. 92-2, June 29, 1972, 
  p 23364. It is likewise in order to deny the availability of funds in 
  the bill to an office that fails to satisfy certain factual criteria, 
  so long as no new substantive determinations are required. 95-2, June 
  14, 1978, p 17668.
      Amendments requiring the recipients of funds carried in the bill 
  to be in compliance with an existing law have been permitted where the 
  concerned federal officials are already under an obligation to oversee 
  the enforcement of existing law and are thus burdened by no additional 
  duties by the amendment. 91-1, July 31, 1969, p 21633.
      Set out below are limitations relating to the qualifications of 
  recipients which have been held in order in a general appropriation 
  bill:

     A limitation on payments from appropriated funds to persons 
         receiving pay from another source in excess of a certain 
         amount. 7 Cannon Sec. 1669.
     An amendment providing that none of the funds for a program 
         shall be paid to any person having a certain net income in the 
         previous calendar year. Deschler Ch 26 Sec. 67.3.
     An amendment proposing that no part of an appropriation for an 
         agency shall be used for salaries of persons in certain 
         positions who are not qualified engineers with at least 10 
         years' experience. Deschler Ch 26 Sec. 76.2.
     An amendment denying funds to pay the compensation of persons 
         who allocate positions in the classified civil service subject 
         to a maximum age requirement. Deschler Ch 26 Sec. 74.1.

      An amendment to a general appropriation bill which denies the 
  availability of funds in the bill for the benefit of a certain 
  category of recipients but which requires federal officials to make 
  additional determinations not required by law as to the qualifications 
  of those recipients is legislation. 95-1, June 16, 1977, pp 19362-64. 
  Such an amendment is legislation if it requires a federal official to 
  subjectively evaluate the propriety or nature of

[[Page 131]]

  individual conduct. 96-2, Sept. 16, 1980, p 25604. Provisions ruled 
  out of order as requiring additional determinations have included:

     An amendment denying funds for financial assistance to college 
         students who had engaged in certain types of disruptive 
         conduct, and requiring that the college initiate certain 
         hearing procedures. Deschler Ch 26 Sec. 61.4.
     An amendment prohibiting the use of ``impacted school 
         assistance'' funds for children whose parents were employed on 
         Federal property outside the school district. Deschler Ch 26 
         Sec. 52.18.
     An amendment prohibiting the expenditure of funds in any 
         workplace that was not free of illegal substances by requiring 
         contract recipients to so certify and requiring contracts to 
         contain provisions withholding payment upon violation. 100-2, 
         May 18, 1988, p 11388.


  Sec. 59 . Limitations on Funds in Other Acts

      A limitation must apply solely to the money of the appropriation 
  under consideration and may not be applied to money appropriated in 
  other acts. A limitation that is not confined to funds in the pending 
  bill is legislation on an appropriation bill under Rule XXI clause 2 
  and not in order. 4 Hinds Sec. 3927; 7 Cannon Sec. 1495; Deschler Ch 
  26 Secs. 27.2, 27.7, 27.8, 27.12, 27.16. And an amendment to an 
  appropriation bill seeking to change a limitation on expenditures 
  carried in a previous appropriation bill has been held to be 
  legislation and not in order. Deschler Ch 26 Secs. 22.9, 22.10. 
  Language requiring future fiscal year funding to be subject to 
  limitations to be subsequently specified is legislation and not in 
  order. 99-2, May 8, 1986, p 10156.
      Set out below are provisions in general appropriation bills that 
  have been held out of order because they imposed a limitation that was 
  not confined to the funds in the bill:

     An amendment providing that funds appropriated ``or otherwise 
         made available'' for a public works project be limited to a 
         certain use. 95-2, June 15, 1978, p 12831.
     Language in the form of a limitation providing no part of the 
         appropriation contained ``in this or any other act'' be used 
         for a certain purpose. Deschler Ch 26 Sec. 27.20.
     Language in an appropriation bill providing that no part of 
         ``any appropriation'' shall be used for a specified purpose. 
         Deschler Ch 26 Sec. 27.18.
     An amendment in the guise of a limitation providing that ``no 
         appropriation heretofore made'' be used for a certain purpose. 
         Deschler Ch 26 Sec. 27.21.
     An amendment in the form of a limitation declaring that 
         ``hereafter no part of any appropriation'' shall be available 
         for certain purposes. Deschler Ch 26 Secs. 27.16, 27.25.

[[Page 132]]

     An amendment providing that none of the funds in the bill ``or 
         elsewhere made available'' be used for a certain purpose. 
         Deschler Ch 26 Sec. 27.12.
     An amendment providing that ``total payments to any person'' 
         under a soil conservation program shall not exceed a certain 
         amount. Deschler Ch 26 Sec. 27.5.


                            V. Reappropriations


  Sec. 60 . In General

                    Generally; Transfers Distinguished

      A restriction against the inclusion of reappropriations in general 
  appropriation bills is set forth in House Rule XXI clause 6. Manual 
  Sec. 847. Reappropriations are to be distinguished from transfers of 
  funds, which are permitted under some circumstances. See Secs. 36, 37, 
  supra.
      Prior to enactment of the Legislative Reorganization Act of 1946, 
  provisions which reappropriated in a direct manner unexpended balances 
  and continued their availability for the same purpose for an extended 
  period of time were not prohibited by Rule XXI because they were not 
  deemed to change existing law by conferring new authority. 4 Hinds 
  Sec. 3592; 7 Cannon Sec. 1152; Deschler Ch 26 Sec. 30. Today however, 
  with two exceptions, a provision reappropriating unexpended balances 
  may not be considered in a general appropriation bill or amendment 
  thereto. Rule XXI clause 6. Manual Sec. 847. Specifically excluded 
  from the operation of this rule are (1) appropriations in continuation 
  of appropriations for public works on which work has commenced, and 
  (2) transfers of unexpended balances within the department or agency 
  for which they were originally appropriated. Manual Sec. 847. As to 
  what constitutes a public work-in-progress under Rule XXI clause 1, 
  see Sec. 26, supra.
      Rule XXI clause 6 is limited by its terms to general appropriation 
  bills and amendments thereto, and the exceptions specified by it apply 
  only to propositions reported by the Committee on Appropriations. 
  Manual Sec. 847. An unreported joint resolution carrying a transfer of 
  unobligated balances of previously appropriated funds--and not 
  containing an appropriation of any new budget authority--is not a 
  ``general appropriation bill'' within the meaning of that rule. 100-2, 
  Mar. 3, 1988, p 32335.

                  Provisions Subject to a Point of Order

      Language in a general appropriation bill making available 
  unobligated balances of funds appropriated in prior appropriation acts 
  may constitute a reappropriation in violation of Rule XXI clause 6. 
  Deschler Ch 25 Sec. 3.2; 97-

[[Page 133]]

  2, July 29, 1982, p 18625; 100-2, June 28, 1988, p 16254. A provision 
  transferring previously appropriated funds to extend their 
  availability and to merge them with current-year funds is likewise in 
  violation of clause 6. 98-1, Oct. 26, 1983, pp 29416, 29417. Unless 
  permitted under one of the exceptions specified in the rule, the 
  reappropriation is subject to a point of order even though the funds 
  are sought for the same purpose as the original appropriation 
  (Deschler Ch 25 Sec. 3.3), and even though the original appropriation 
  was authorized in law (102-2, July 28, 1992, p ____).

                 Authorization Bills and Reappropriations

      Language in an appropriation bill continuing the availability of 
  unobligated balances of prior appropriations is in order where 
  provisions of the original authorizing legislation permit such a 
  reappropriation and are still in effect. Deschler Ch 25 Sec. 3.8. Rule 
  XXI clause 6 is not applicable to appropriation bills when the 
  reappropriation language is identical to legislative authorization 
  language enacted subsequent to the adoption of the rule, since the 
  authorizing law is a more recent expression of the will of the House. 
  Deschler Ch 25 Sec. 3.7.


                  VI. Reporting; Consideration and Debate

                               A. Generally


  Sec. 61 . Privileged Status; Voting

                                 Generally

      General appropriation bills have long enjoyed a privileged status 
  under the rules of the House. Subject to a three-day layover 
  requirement (Sec. 62, infra) such bills may be reported ``at any 
  time'' under Rule XI clause 4(a). Manual Sec. 726. Generally, see 
  Committees. In 1981, this privilege was extended to joint resolutions 
  continuing appropriations for a fiscal year if reported after 
  September 15 preceding the beginning of such fiscal year. Manual 
  Sec. 726. The privilege does not extend to special appropriations to 
  address a specific purpose. 8 Cannon Sec. 2285. Similarly, a joint 
  resolution providing an appropriation for a single government agency 
  is not a general appropriation bill and is not reported as privileged. 
  Deschler Ch 25 Sec. 7.4.
      Nonprivileged appropriation bills may be made in order by 
  unanimous consent or pursuant to a special rule reported by the 
  Committee on Rules. Deschler Ch 25 Sec. 6. Generally, see Sec. 75, 
  infra.
      The yeas and nays are automatically ordered when the Speaker puts 
  the question on final passage or adoption of any bill, joint 
  resolution, or con-

[[Page 134]]

  ference report making general appropriations. Rule XV clause 7; Manual 
  Sec. 774e.

             Prior Consideration in the Committee of the Whole

      All bills that make appropriations--indeed all proceedings 
  ``touching appropriations''--require consideration first in Committee 
  of the Whole, and a point of order made pursuant to this rule is good 
  at any time before the consideration of a bill has commenced. Rule 
  XXIII clause 3. Manual Sec. 865. Filing an appropriation bill ``as 
  privileged'' permits a later privileged motion that the House resolve 
  itself into the Committee of the Whole for the purpose of considering 
  the bill. Rule XVI clause 9. Manual Sec. 802.
      To require consideration in Committee of the Whole under Rule 
  XXIII clause 3, a bill must show on its face that it falls within the 
  requirements of the rule. 4 Hinds Secs. 4811-4817; 8 Cannon Sec. 2391. 
  Where the expenditure is a mere matter of speculation (4 Hinds 
  Secs. 4818-4821), or where the bill might involve a charge on the 
  Treasury but does not necessarily do so (4 Hinds Secs. 4809, 4810), 
  the rule does not apply. In passing on the question as to whether a 
  proposition involves a charge upon the Treasury, the Speaker is 
  confined to the provisions of the text and may not take into 
  consideration personal knowledge not directly deducible therefrom. 8 
  Cannon Secs. 2386, 2391. But where a bill sets in motion a train of 
  circumstances destined ultimately to involve Treasury expenditures, it 
  must be considered in Committee of the Whole. 4 Hinds Sec. 4827; 8 
  Cannon Sec. 2399. The requirements of the rule apply to amendments as 
  well as to bills. 4 Hinds Secs. 4793, 4794. Indeed, the rule applies 
  to any portion of a bill requiring an appropriation, even though it be 
  merely incidental to the bill's main purpose. 4 Hinds Sec. 4825. 
  Senate amendments, see Sec. 70, infra.

        Consideration in the House as in the Committee of the Whole

      Pursuant to a special order previously agreed to, an appropriation 
  bill may be called up as if privileged and considered in the House as 
  in the Committee of the Whole (meaning that the bill is considered as 
  read and open to amendment at any point under the five-minute rule, 
  without general debate). 89-1, Oct. 13, 1965, p 26881; 89-1, Sept. 28, 
  1965, p 25342; 91-1, June 24, 1969, pp 17015-17; 91-2, June 24, 1970, 
  p 21239. And on numerous occasions the House has by unanimous consent 
  provided for the consideration of an appropriation bill in the House 
  as in the Committee of the Whole. 87-2, June 14, 1962, p 10481; 89-1, 
  July 28, 1965, pp 18578, 18580; 89-1, Oct. 13, 1965, p 26881.

[[Page 135]]

  Sec. 62 . When Bills May Be Considered

      The privilege given to general appropriation bills under the House 
  rules is subject to the requirement that such bills may not be 
  considered in the House until printed committee hearings and a 
  committee report thereon have been available to the Members for at 
  least three calendar days (excluding Saturdays, Sundays, and legal 
  holidays if not in session). Rule XXI clause 7. Manual Sec. 848. Other 
  reports of the committee are governed by a similar three-day layover 
  requirement under Rule XI. Manual Sec. 715. In counting the ``three 
  calendar days,'' the date the bill is filed or the date on which it is 
  to be called up for consideration are counted, but not both. Manual 
  Sec. 848.
      The three-day layover requirement may be waived by unanimous 
  consent (87-2, Sept. 12, 1962, p 19237) or pursuant to the adoption of 
  a special rule from the Committee on Rules (95-1, Mar. 15, 1977, p 
  7613).


  Sec. 63 . Debate; Consideration of Amendments

                     Generally; Perfecting Amendments

      Amendments perfecting a general appropriation bill are considered 
  in the Committee of the Whole during the reading of the bill for 
  amendment under the five-minute rule. See Rule XXIII clause 5(a). 
  Manual Secs. 870, 872. General appropriation bills are read for 
  amendment by paragraph--unless a special rule provides otherwise--
  whereas bills appropriating for a specific purpose are read by 
  sections. 4 Hinds Secs. 4739, 4740; Deschler Ch 25 Sec. 11.8.
      An amendment to a paragraph in a general appropriation bill must 
  be offered immediately after that paragraph is read by the Clerk. 91-
  2, Apr. 14, 1970, p 11648. Amendments are in order only to the 
  paragraph just read, not to the entire subject matter under a heading 
  in the bill. Deschler Ch 25 Sec. 11.9. An amendment to a paragraph 
  which has been passed during the reading of the bill may be offered 
  only by unanimous consent. 92-2, June 15, 1972, pp 21118-22; Deschler 
  Ch 25 Sec. 11.13. And where the Clerk has read a paragraph in title 
  II, an amendment to insert a new section at the end of title I may be 
  offered only by unanimous consent. 93-2, June 18, 1974, pp 19709, 
  19710.
      Where an initial (sub)paragraph in a general appropriation bill 
  appropriates an aggregate amount from a special fund for specific 
  projects which are delineated and separately funded in subsequent 
  (sub)paragraphs, each project will be treated as part of the entire 
  paragraph so as to permit the offering as one amendment of proposals 
  to change a particular project and to adjust the aggregate amount 
  accordingly. 102-2, July 1, 1992, p ____, (reversing a ruling at 98-2, 
  Nov. 30, 1982, p 28066).

[[Page 136]]

                            En Bloc Amendments

      En bloc amendments proposing only to transfer appropriations among 
  objects in the bill and without increasing the levels of budget 
  authority or outlays in the bill, are in order during the reading of 
  the bill for amendment in the Committee of the Whole. Such amendments 
  may amend portions of the bill not yet read for amendment and are not 
  subject to a demand for division of the question. Rule XXI clause 2(f) 
  (adopted in 1995).

                        Consideration in the House

      Amendments adopted in the Committee of the Whole are reported to 
  the House for action. During consideration of the bill in the House, 
  it is in order to demand that those amendments be voted on separately. 
  Deschler Ch 25 Sec. 11.21.


  Sec. 64 . -- Limitation Amendments; Retrenchments

                   Amendments Authorized in Existing Law

      Limitation amendments ``specifically contained or authorized in 
  existing law for the period of the limitation'' may, pursuant to 
  clause 2(c), Rule XXI, be offered in the Committee of the Whole during 
  the reading of a general appropriation bill for amendment. See Manual 
  Sec. 834 (note). However, that rule is strictly construed to apply 
  only where existing law requires or permits the inclusion of limiting 
  language in an appropriation act, and not merely where the limitation 
  is alleged to be ``consistent with existing law.'' 100-2, June 28, 
  1988, p 16267.

    Limitation Amendments Not Authorized in Existing Law; Retrenchment 
                                Amendments

      In 1983 and in 1995, the House adopted and then modified 
  procedures for the consideration of retrenchment and limitation 
  amendments: such amendments are in order (1) only when reading of the 
  bill has been completed and (2) only if the Committee of the Whole 
  does not adopt a motion, if offered by the Majority Leader or his 
  designee, to rise and report the bill back to the House. Manual 
  Sec. 834f (note). Pursuant to Rule XXI clause 2(d), a general 
  appropriation bill must be read for amendment in its entirety 
  (including the short title of the bill if part of the text) before 
  retrenchments or amendments proposing limitations are in order; and 
  the motion that the Committee of the Whole rise and report the bill to 
  the House with any other amendments already adopted then takes 
  precedence over an amendment proposing the limitation or retrenchment. 
  98-1, June 2, 1983, pp 14317, 14318. Deschler Ch 26 Sec. 1.6. Under 
  that rule, an amendment proposing a limitation

[[Page 137]]

  not specifically contained or authorized in existing law for the 
  period of the limitation is not in order during the reading of the 
  bill (99-2, July 30, 1986, p 18214), and if offered at the completion 
  of the reading, can be entertained only if a preferential motion to 
  rise and report, if offered, is rejected (99-2, July 23, 1986, p 
  17431). See also 100-2, June 15, 1988, p 16267. However, the amendment 
  with the limitation if offered first may be considered as pending upon 
  rejection by the Committee of the preferential motion to rise and 
  report. 99-1, July 30, 1985, pp 21534-36.
      Unlike an amendment proposing a limitation or a retrenchment, an 
  amendment simply reducing an amount provided in a general 
  appropriation bill is not subject to the requirements of clause 2(d) 
  of Rule XXI and need not await the completion of the reading and the 
  disposition of other amendments or to yield to a preferential motion 
  to rise and report. 102-2, June 30, 1992, p ____.


  Sec. 65 . Points of Order--Reserving Points of Order

                                 Generally

      Points of order may be raised in the Committee of the Whole to 
  enforce the requirements imposed on general appropriation bills by the 
  House rules, such as the prohibition against unauthorized 
  appropriations (Secs. 10-14, supra), the restriction against 
  legislation in general appropriation bills (Sec. 27, supra) and the 
  proscription against the inclusion of reappropriations of unexpended 
  balances (Sec. 60, supra).
      Under the former practice, points of order ordinarily had to be 
  reserved against a general appropriation bill at the time the bill was 
  reported to the House and referred to the Union Calendar, and could be 
  reserved after the bill had been referred to the Committee of the 
  Whole only by unanimous consent. Deschler Ch 25 Sec. 12.1. Under new 
  Rule XXI clause 8, adopted in 1995, it is no longer necessary to 
  reserve points of order at the time the bill is referred to the Union 
  Calendar; Members' rights to later raise them are automatically 
  protected. 104-1, Jan. 4, 1995, p ____.

                            Against Amendments

      In the Committee of the Whole, the reservation of a point of order 
  against an amendment to an appropriation bill is within the discretion 
  of the Chair, but if permitted must be reserved before debate begins 
  on the amendment. Deschler Ch 26 Sec. 2.2. See also Points of Order.

[[Page 138]]

  Sec. 66 . -- Timeliness

               Generally; Points of Order Against Paragraphs

      A point of order against a provision in a general appropriation 
  bill may not be entertained during general debate but must await the 
  reading of that portion of the bill for amendment. 103-1, June 18, 
  1993, p ____. The time for making points of order against items in an 
  appropriation bill is after the House has resolved itself into the 
  Committee of the Whole and after the paragraph containing such items 
  has been read for amendment. Deschler Ch 25 Sec. 12.8. A point of 
  order against the paragraph on the ground that it is legislation will 
  not lie before the paragraph is read. Deschler Ch 26 Sec. 2.10; 99-1, 
  June 6, 1985, pp 14605, 14609. A point of order against two 
  consecutive paragraphs comprising a section in the bill can be made 
  only by unanimous consent. Deschler Ch 25 Sec. 12.5. The proper time 
  to raise a point of order against language in the paragraph is after 
  the paragraph has been read but before debate starts thereon. 86-2, 
  May 24, 1960, p 10979; 95-2, June 14, 1978, pp 17624, 17626.
      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; Manual Sec. 835. 
  A point of order against a paragraph which has been passed in the 
  reading for amendment may be made only by unanimous consent. 97-2, 
  Nov. 30, 1982, p 28066.
      A point of order must be made against a paragraph after it is read 
  and before an amendment is offered thereto even if the amendment is 
  ruled out of order. Deschler Ch 26 Sec. 2.21. However, the point of 
  order is not precluded by the fact that, by unanimous consent, an 
  amendment had been offered to the paragraph before it was read. 91-1, 
  July 31, 1969, p 21677.

          Timeliness Where Bill is Considered as Having Been Read

      Where a general appropriation bill or a portion thereof (a title, 
  e.g.) is considered as having been read and open to amendment by 
  unanimous consent, points of order against provisions therein must be 
  made before amendments are offered, and cannot be reserved pending 
  subsequent action on amendments. Deschler Ch 26 Sec. 2; Manual 
  Sec. 835. 97-1, July 13, 1981, p 15548; 98-1, Oct. 26, 1983, pp 29409, 
  29410. In this situation, the Chair first inquires whether any Member 
  desires to raise a point of order against any portion of the pending 
  text, and then recognizes Members to offer amendments to that text. 
  Deschler Ch 26 Sec. 2.15. A point of order comes too late if it is 
  made after the Chairman has asked for amendments after having asked 
  for points of order. Deschler Ch 26 Sec. 2.16.

[[Page 139]]

      Where an appropriation bill partially read for amendment is then 
  opened for amendment ``at any point'' (rather than for ``the remainder 
  of the bill''), points of order to paragraphs already read may yet be 
  entertained. Deschler Ch 26 Sec. 2.14.

                    Points of Order Against Amendments

      Points of order against proposed amendments to a general 
  appropriation bill must be made or reserved immediately after the 
  amendment is read. After a Member has been granted time to address the 
  Committee of the Whole on his amendment, it is too late to make a 
  point of order against it. Deschler Ch 26 Sec. 12.13.


  Sec. 67 . -- Points of Order Against Particular Provisions

                   Generally; Against Paragraphs of Bill

      Points of order against unauthorized appropriations or legislation 
  on general appropriation bills may be raised against an entire 
  paragraph or a portion only of a paragraph (4 Hinds Sec. 3652; 5 
  Cannon Sec. 6881); and the fact that a point is made against a portion 
  of a paragraph does not prevent another point against the whole 
  paragraph (5 Cannon Sec. 6882; 99-1, July 31, 1985, p 21895).
      Where a point of order is made against an entire paragraph in an 
  appropriation bill on the ground that a portion thereof is in conflict 
  with the rules of the House and the point of order is sustained, the 
  entire paragraph is eliminated. 95-1, June 29, 1977, p 21402; Deschler 
  Ch 26 Sec. 2.4. Similarly, where a point of order is made against an 
  entire proviso on the ground that a portion of it is subject to the 
  point of order, and the point of order is sustained, the entire 
  proviso is eliminated. Deschler Ch 26 Sec. 2.6. A point of order, if 
  made and sustained against a portion of a paragraph containing 
  legislation, is sufficient to cause the entire paragraph to be 
  stricken even if the remainder of the paragraph is authorized. 95-1, 
  June 8, 1977, pp 17922, 17923. 99-1, July 31, 1985, p 21895.

                            Against Amendments

      If any portion of an amendment to an appropriation bill 
  constitutes legislation, the entire amendment is subject to a point of 
  order. 95-2, Aug. 7, 1978, p 24708.
      A point of order against an amendment as legislation on a general 
  appropriation bill must be determined in relation to the bill in its 
  modified form (as affected by disposition of prior points of order). 
  Deschler Ch 26 Sec. 2.24.

[[Page 140]]

  Sec. 68 . -- Waiving Points of Order

                     Generally; Alternative Procedures

      Points of order against a general appropriation bill may be waived 
  in various ways:

     By unanimous consent. Deschler Ch 26 Sec. 31.
     By special rule (a resolution) from the Rules Committee. 4 
         Hinds Secs. 3260-3263; Deschler Ch 26 Sec. 3; Manual Sec. 842f.
     By motion to suspend the rules. 4 Hinds Sec. 3845.
     By failure to make a timely point of order. Deschler Ch 26 
         Sec. 3.17.

      Note: Although legislation in an appropriation bill may be subject 
  to a point of order under Rule XXI clause 2, if not challenged it 
  becomes permanent law where it is permanent in its language and 
  nature. Deschler Ch 26 Sec. 3.17.

                 Waiver of Points of Order By Special Rule

      A waiver of points of order pursuant to a special rule from the 
  Rules Committee may be couched in broad terms, as where it seeks to 
  protect the entire bill against points of order. Deschler Ch 26 
  Sec. 3.14. Or the waiver may be confined to points of order directed 
  at a particular title (Deschler Ch 26 Sec. 3.7) or a specified chapter 
  (Deschler Ch 26 Sec. 3.8) of the bill. A waiver may be very limited in 
  scope, as where it permits points of order against portions of certain 
  paragraphs but not against entire paragraphs. 97-1, July 10, 1981, p 
  15331; 97-1, July 30, 1981, p 18803.

                   Waiver of Particular Points of Order

      The House, by adoption of a special rule from the Committee on 
  Rules, may waive points of order:

     Against certain paragraphs in an appropriation bill not 
         authorized by law or containing legislative language. Deschler 
         Ch 26 Secs. 3.2, 3.6; 98-2, June 27, 1984, p 19129; 98-2, July 
         25, 1984, pp 20979, 20981, 20989.
     Against reappropriations in violation of clause 6 Rule XXI. 
         97-1, July 10, 1981, p 15331; 97-1, July 30, 1981, p 18803.
     Against consideration of a bill containing new budget 
         authority in excess of allocations to subcommittees and for 
         failure of the committee report to contain a comparison of 
         spending in the bill with subcommittee allocations. 99-2, Apr. 
         22, 1986, pp 8343, 8344, 8348.
     Against consideration of the bill until printed committee 
         hearings and the committee report have been available for three 
         days (Deschler Ch 25 Sec. 10.3) as is required by the two 
         layover rules of the House. 99-2, July 17, 1986, p 16680; 99-2, 
         Aug. 1, 1986, p 18625.

      Note: Both of the three-day rules apply and may need to be waived, 
  as the specific rule, clause 7, Rule XXI, does

[[Page 141]]

  not supersede the more general rule in clause 2(l)(6), Rule XI, which 
  covers all reports.

        Application of Waiver to Points of Order Against Amendments

      Although points of order against the particular provisions of a 
  bill may be waived by unanimous consent or special rule, such waiver 
  will not preclude points of order against amendments offered from the 
  floor unless the waiver is made specifically applicable to such 
  amendments. Deschler Ch 26 Sec. 3. Thus, where a general appropriation 
  bill is considered under terms of a special rule waiving points of 
  order ``against said bill,'' the waiver applies only to the provisions 
  of the bill and not to amendments thereto. Deschler Ch 26 Sec. 3.14. 
  But a special rule waiving points of order may be drafted in such a 
  way as to protect a specific amendment (Deschler Ch 26 Sec. 3.10) or 
  to protect ``any amendment offered by direction of the Committee on 
  Appropriations.'' Deschler Ch 26 Sec. 3.11.


  Sec. 69 . Amending Language Permitted to Remain

                               When In Order

       Language that has been permitted to remain in a general 
  appropriation bill or amendment by virtue of a waiver may be modified 
  by a further amendment if it is germane and does not contain 
  additional legislation or additional unauthorized items. 4 Hinds 
  Sec. 3862; 7 Cannon Sec. 1420; Deschler Ch 26 Sec. 3. 90-1, Nov. 16, 
  1967, p 32886; 91-1, May 21, 1969, p 13271. And where an unauthorized 
  appropriation is permitted to remain in the bill by failure to raise, 
  or by waiver of, a point of order, an amendment merely changing the 
  amount and not adding legislative language or earmarking separate 
  funds for another unauthorized purpose is in order. Deschler Ch 26 
  Sec. 3.38; 99-1, July 17, 1985, p 19435. However, an increase in the 
  amount may be vulnerable as a Budget Act violation under Secs. 302 or 
  311 of the Budget Act.

                             When Not In Order

      Although legislative language in a general appropriation bill 
  which is permitted to remain therein because of a waiver of points of 
  order may be perfected by germane amendment, such an amendment may 
  not, under Rule XXI clause 2, add additional legislation. 4 Hinds 
  Secs. 3836, 3837; 7 Cannon Secs. 1425-1434; 101-1, Aug. 2, 1989, p 
  ____. Nor may such an amendment earmark funds for an unauthorized 
  purpose (Deschler Ch 26 Sec. 3.30) or direct a new use of funds not 
  required by law (Manual Sec. 842f). The figures in an unauthorized 
  item permitted to remain may be perfected but the provision may not be 
  changed by an amendment substituting funds for a different un-

[[Page 142]]

  authorized purpose. Deschler Ch 26 Sec. 3.45. Nor may an increase in 
  such figure be accompanied by legislative language directing certain 
  expenditures. 94-2, June 18, 1976, p 19297. Amendments to language 
  permitted to remain in an appropriation bill which have been ruled out 
  under Rule XXI clause 2 have included:

     An amendment adding additional legislation prohibiting the 
         availability of funds in other acts for certain other purposes. 
         93-1, Aug. 1, 1973, pp 27291, 27292.
     An amendment adding an additional class of recipients to those 
         covered by a legislative provision permitted to remain. 98-1, 
         June 22, 1983, pp 16850, 16851.
     An amendment adding further unauthorized items of 
         appropriation or adding legislation in the form of new duties. 
         99-2, July 23, 1986, pp 16850, 16851.
     An amendment broadening the application of a legislative 
         provision permitted to remain so as to apply to other funds. 
         100-2, June 28, 1988, p 16212; Manual Sec. 836.
     An amendment adding a new paragraph in another part of the 
         bill which indirectly increases an unauthorized amount passed 
         in the reading. 104-1, July 12, 1995, p ____.


                           B. Senate Amendments


  Sec. 70 . In General

              Senate Amendments Before Stage of Disagreement

      While Rule XX clause 1 requires any Senate amendment involving a 
  new and distinct appropriation to be first considered in a Committee 
  of the Whole (Manual Sec. 828a), the modern practice bypasses this 
  requirement by sending appropriation bills with Senate amendments 
  directly to conference either by unanimous consent or a motion under 
  clause 1, notwithstanding the fact that the stage of disagreement has 
  not been reached (92-2, Aug. 1, 1972, p 26153). Thus earlier 
  precedents (4 Hinds Secs. 4797-4806; 8 Cannon Secs. 2382-2385) 
  governing initial consideration of Senate amendments to appropriation 
  bills in Committee of the Whole are largely anachronistic, and the 
  practices discussed below regarding disposition of Senate amendments 
  normally involve the post-conference stage of consideration where the 
  stage of disagreement has been reached and motions in the House to 
  dispose of Senate amendments are privileged (Manual Secs. 528a-d).

[[Page 143]]

                        Amending Senate Amendments

      A point of order under Rule XXI clause 2 does not lie against a 
  Senate amendment to a House general appropriation bill. See Manual 
  Secs. 829, 842g; 7 Cannon Sec. 1572. Where a Senate amendment on a 
  general appropriation bill proposes an expenditure not authorized by 
  law, it is in order in the House to perfect such Senate amendment by 
  germane amendments. Deschler Ch 25 Sec. 13.13; Deschler Ch 26 
  Sec. 6.1. Similarly, where the Senate attaches a ``legislative'' 
  amendment to the bill, it is in order in the House to concur with a 
  perfecting amendment provided such amendment is germane to the Senate 
  amendment. Deschler Ch 25 Sec. 13.14. In amending a Senate amendment 
  the House is not confined within the limits of the amount set by the 
  original bill and the Senate amendment. Deschler Ch 25 Sec. 13.15.

                    Amendments Reported in Disagreement

      A Senate amendment containing legislation reported from conference 
  in disagreement (see Sec. 71, infra) may be amended by a germane 
  amendment even though the proposed amendment is also legislative. 
  Deschler Ch 26 Sec. 6.9; Manual Sec. 842g. Although Rule XX clause 2 
  prohibits House conferees from agreeing to a Senate amendment which 
  proposes legislation on an appropriation bill without specific 
  authority from the House, that rule is a restriction upon the managers 
  only, and does not provide for a point of order against such amendment 
  when it is reported in disagreement and comes up for separate action 
  by the House. 7 Cannon Sec. 1572. It is customary for the managers to 
  report such amendments in technical disagreement; after disposing of 
  the conference report, which includes those Senate amendments not in 
  violation of clause 2, Rule XXI, whether reported in technical or true 
  disagreement, are taken up in order and disposed of directly in the 
  House by separate motion. 7 Cannon Sec. 1572; Manual Sec. 829. 
  Accordingly, where a Senate amendment proposing legislation on a 
  general appropriation bill is 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. Manual Secs. 829, 842g. See also 
  Deschler Ch 26 Sec. 6.5.


  Sec. 71 . Authority of Conference Managers

                                 Generally

      Under Rule XX clause 2, the managers on the part of the House may 
  not agree to any Senate amendment to a general appropriation bill if 
  that

[[Page 144]]

  amendment, had it originated in the House, would have been in 
  violation of Rule XXI clause 2, unless such agreement is specifically 
  authorized by separate vote prior thereto. Since the addition of Rule 
  XXI clauses 2(c) and (d) in 1983, this restriction on House managers' 
  authority has been interpreted to extend to Senate amendments in the 
  form of limitations since limitation amendments are in violation of 
  that clause unless offered at the end of reading for amendment in 
  Committee of the Whole. It has been the practice of the managers at a 
  conference on a general appropriation bill to bring Senate amendments 
  containing limitations back to the House in technical disagreement. 
  The House may then dispose of them by proper motion, the stage of 
  disagreement having been reached.
      The applicable rule also precludes House managers from agreeing in 
  conference to Senate appropriation amendments on any bill other than a 
  general appropriation bill unless authorized by separate vote. Rule XX 
  clause 2. Manual Sec. 829. Under this rule, where a House legislative 
  measure has been committed to conference, and the conferees agree to a 
  Senate amendment appropriating funds, the conference report thereon 
  may be ruled out. Deschler Ch 25 Secs. 13.8, 13.9. But a point of 
  order against an appropriation in a conference report on a legislative 
  bill will lie under the rule only if that provision was originally 
  contained in a Senate amendment, and will not lie against a provision 
  permitted by the House to remain in its bill. Deschler Ch 25 
  Sec. 13.12. Moreover, since the rule applies only to Senate amendments 
  which are sent to conference, it does not apply to appropriations 
  contained in Senate legislative bills. Deschler Ch 25 Sec. 13.11. 
  Generally, see Conferences Between the Houses.

                       Authorization by Special Rule

      The managers on the part of the House may be authorized by special 
  rule reported by the Committee on Rules to agree to Senate amendments 
  carrying appropriations in violation of Rule XXI clause 2. 7 Cannon 
  Sec. 1577. Where the special rule waives points of order against 
  portions of an appropriation bill which are unauthorized by law, and 
  the bill passes the House with those provisions included, and the bill 
  goes to conference, the conferees may report back their agreement to 
  those provisions even though they remain unauthorized, since the 
  waiver carries over to the consideration of the same provisions when 
  the conference report is before the House. Manual Sec. 829 (note).

                    Authorization by Unanimous Consent

      A Member may seek unanimous consent to send an appropriation bill 
  to conference and authorize the House conferees to agree to Senate 
  legisla-

[[Page 145]]

  tive amendments notwithstanding the restrictions contained in Rule XX 
  clause 2. Deschler Ch 26 Sec. 6.3. But unanimous consent merely to 
  take from the Speaker's table and send to conference a bill with 
  Senate amendments does not waive the provisions of the rule 
  restricting the House conferees' authority. 7 Cannon Sec. 1574.


                 VII. Nonprivileged Appropriation Measures


  Sec. 72 . In General; Continuing Appropriations

      A continuing appropriations measure is legislation enacted by the 
  Congress to provide budget authority for specific ongoing federal 
  programs when a regular appropriation for those programs has not been 
  enacted. See Deschler Ch 25 Sec. 7.1.
      Joint resolutions continuing appropriations pending enactment of 
  general appropriation bills for the ensuing fiscal year are not 
  ``general'' appropriation bills and therefore are not reported or 
  called up as privileged (8 Cannon Sec. 2282) unless reported after 
  September 15 preceding the beginning of such fiscal year. Rule XI 
  clause 4(a); Manual Sec. 726; Deschler Ch 25 Sec. 7. Calling up by 
  unanimous consent or under a special rule, see Sec. 75, infra.
      A continuing resolution is not a ``general appropriation bill'' 
  within the meaning of clause 2 Rule XXI and is therefore not subject 
  to its provisions. The restrictions against unauthorized items or 
  legislation in a general appropriation bill or amendment thereto are 
  not applicable to a continuing resolution despite inclusion of diverse 
  appropriations which are not ``continuing'' in nature. 94-1, June 17, 
  1975, p 19176; Deschler Ch 26 Sec. 1.2.


  Sec. 73 . Supplemental Appropriations

      A supplemental appropriation provides budget authority in addition 
  to regular or continuing appropriations already made. Bills making 
  supplemental appropriations for diverse agencies are considered 
  general appropriation bills and are reported as such. Deschler Ch 25 
  Sec. 7.
      A waiver of points of order against a supplemental appropriation 
  bill may be provided for by special rule from the Committee on Rules. 
  The rule may waive points of order against the entire bill (Deschler 
  Ch 25 Sec. 9.7) or against a specific paragraph in the bill (Deschler 
  Ch 25 Sec. 9.6). Such a rule has been considered and agreed to by the 
  House even after general debate on the bill has been concluded and 
  reading for amendment has begun in the Committee of the Whole. 
  Deschler Ch 25 Sec. 9.1.

[[Page 146]]

  Sec. 74 . Appropriations for a Single Agency

      A measure making an appropriation for a single department or 
  agency is not a ``general'' appropriation bill within the meaning of 
  Rule XI clause 4(a) and is therefore not privileged for consideration 
  when reported by the Committee on Appropriations. Deschler Ch 25 
  Secs. 7.3, 7.4; 89-1, May 5, 1965, p 9518. Moreover, because such 
  measures are not general appropriation bills, they are not subject to 
  points of order under Rule XXI clause 2. 95-1, Feb. 3, 1977, p 3473.


  Sec. 75 . Consideration

                  By Special Rule, Consent, or Suspension

      The consideration of nonprivileged appropriation measures may be 
  made in order by a special rule from the Committee on Rules. Deschler 
  Ch 25 Sec. 7.3. The consideration of such measures may also be made in 
  order by unanimous consent. 97-2, Mar. 23, 1982, p 5012; 98-2, Oct. 1, 
  1984, pp 27961, 27962. Thus, a joint resolution continuing 
  appropriations for a fiscal year may be called up unanimous consent, 
  even where such joint resolution has been reported pursuant to the 
  rule (Manual Sec. 743) relating to the filing of nonprivileged 
  reports. Deschler Ch 25 Sec. 8.8.
      A nonprivileged appropriation bill may also be considered pursuant 
  to a motion to suspend the rules. Deschler Ch 25 Sec. 13.18.

            Consideration in House As In Committee of the Whole

      Joint resolutions continuing appropriations pending enactment of 
  regular annual appropriation measures are often considered in the 
  House as in Committee of the Whole, but are sometimes considered in 
  Committee of the Whole to permit more extensive general debate. 
  Deschler Ch 25 Sec. 6 (note). Joint resolutions providing supplemental 
  appropriations may also be considered in the House as in Committee of 
  the Whole. Deschler Ch 25 Secs. 11.5, 11.6. Such consideration may be 
  provided for by unanimous consent (Deschler Ch 25 Sec. 8.7) or 
  pursuant to a special rule from the Committee on Rules (Deschler Ch 25 
  Sec. 8.4).

                          Consideration in House

      Under modern practice, continuing appropriation joint resolutions 
  are often considered by unanimous consent or by special rule ``in the 
  House'' under the hour rule (Deschler Ch 25 Secs. 8.9-8.12), and often 
  with the previous question considered as ordered to prevent amendment. 
  See 102-1, Sept. 24, 1991, p ____.

[[Page 147]]

                 VIII. Appropriations in Legislative Bills


  Sec. 76 . In General

                                 Generally

      Restrictions against the inclusion of appropriations in 
  legislative bills are provided for by House Rule XXI clause 5(a). A 
  bill or joint resolution carrying appropriations may not be reported 
  by a committee not having jurisdiction to report appropriations. The 
  rule also prohibits amendments proposing appropriations on a reported 
  legislative bill. Manual Sec. 846a. Under this rule, a provision 
  appropriating funds that is included in a bill reported by a 
  legislative committee is subject to a point of order. 7 Cannon 
  Sec. 2133; Deschler Ch 25 Sec. 4.24. But since the rule by its terms 
  applies to appropriations ``reported'' by legislative committees, the 
  point of order does not apply to an appropriation in a bill which has 
  been taken away from a nonappropriating committee by a motion to 
  discharge. 7 Cannon Sec. 1019a. Nor does it apply to a special order 
  reported from the Committee on Rules ``self-executing'' the adoption 
  to a bill of an amendment containing an appropriation, since the 
  amendment is not separately before the House during consideration of 
  the special order. 103-1, Feb. 24, 1993, p ____.

       Application to Senate Bills or Amendments Between the Houses

      The rule forbidding consideration of items carrying appropriations 
  in bills reported by nonappropriating committees applies to Senate 
  bills as well as to House bills. 7 Cannon Secs. 2136, 2147. The point 
  of order may be made against an appropriation in a Senate bill under 
  consideration (in lieu of a reported House bill) even though the bill 
  has not been reported by a committee of the House. 7 Cannon Sec. 2137. 
  This rule also applies to an amendment proposed to a Senate amendment 
  to a House bill not reported from the Committee on Appropriations. 96-
  2, Oct. 1, 1980, pp 28638-42.

                       Application to Private Bills

      Rule XXI clause 5(a) does not apply to private bills since the 
  committees having jurisdiction of bills for the payment of private 
  claims may report bills making appropriations within the limits of 
  their jurisdiction. 7 Cannon Sec. 2135.


  Sec. 77 . What Constitutes an Appropriation in a Legislative Bill

                                 Generally

      As used in Rule XXI clause 5(a), an ``appropriation'' means taking 
  money out of the Treasury by appropriate legislative language for the 
  sup-

[[Page 148]]

  port of the general functions of government. Deschler Ch 25 Sec. 4.43. 
  Rulings on points of order under clause 5(a) have frequently depended 
  on whether language allegedly making an appropriation was in fact 
  merely language authorizing an appropriation. Deschler Ch 25 Sec. 4. 
  Thus, a provision that disbursements ``shall be paid from the 
  appropriation made to the department for that purpose'' was construed 
  as an authorization merely and not an appropriation, and therefore not 
  subject to a point of order under clause 5(a). 7 Cannon Sec. 2156.

                         Provisions Held In Order

      Provisions in a legislative bill which have held not to violate 
  clause 5(a) have included:

     Language authorizing an appropriation of not less than a 
         certain amount for a specified purpose. Deschler Ch 25 
         Sec. 4.34.
     Language providing that an appropriation when made should come 
         out of any unexpended balances heretofore appropriated or made 
         available for emergency purposes. Deschler Ch 25 Sec. 4.35.
     Language in a bill providing that all funds ``available'' for 
         carrying out the act ``shall be available'' for allotment to 
         certain bureaus and offices, no use of existing funds being 
         permitted. Deschler Ch 25 Sec. 4.36.
     Language authorizing and directing an executive officer to 
         advance, when appropriated, sums of money out of the Treasury. 
         Deschler Ch 25 Sec. 4.38.
     An authorization for the withdrawal of money from the Treasury 
         belonging to a governmental agency, even though it would 
         otherwise eventually revert to the government. 7 Cannon 
         Sec. 2158.
     Language in a housing bill authorizing the Secretary of the 
         Treasury to use proceeds of public-debt issues for the purpose 
         of making loans. Deschler Ch 25 Sec. 4.43.

                       Provisions Held Out of Order

      Provisions reported by a legislative committee and ruled out of 
  order as constituting an appropriation in violation of Rule XXI clause 
  5(a) have included:

     A direction that funds previously appropriated be used for a 
         purpose not specified in the original appropriation. 7 Cannon 
         Sec. 2147.
     Language reappropriating or diverting an appropriation for a 
         new purpose. 7 Cannon Sec. 2146; Deschler Ch 25 Secs. 4.1, 4.4.
     An amendment requiring the diversion of previously 
         appropriated funds in lieu of the enactment of new budget 
         authority. 100-2, Aug. 10, 1988, p 21719.
     Language providing for the transfer of unexpended balances of 
         appropriations and making such funds available for expenditure. 
         Deschler Ch 25 Sec. 4.5.

[[Page 149]]

     Language making available an appropriation or a portion of an 
         appropriation already made for one purpose to another (100-2, 
         Aug. 10, 1988, p 21719), or for one fiscal year to another 
         (102-2, Mar. 26, 1992, p ____).
     Language providing for the collection of certain fees and 
         authorizing the use of the fees so collected for the purchase 
         of certain installations. Deschler Ch 25 Sec. 4.16.
     An amendment establishing a user charge and making the 
         revenues collected therefrom available without further 
         appropriation. Deschler Ch 25 Sec. 4.19.
     A provision making available for administrative purposes money 
         repaid from advances and loans. Deschler Ch 25 Sec. 4.21.
     Language directing disbursements from Indian trust funds. 7 
         Cannon Sec. 2149.
     An amendment permitting the acquisition of buses with funds 
         from the highway trust fund. 92-2, Oct. 5, 1972, p 34115.
     A provision establishing a special fund, to be available with 
         other funds appropriated, for the purpose of paying of refunds. 
         7 Cannon Sec. 2152.
     Language making excess foreign currencies available to 
         stimulate private enterprise abroad. Deschler Ch 25 Sec. 4.22.
     Language providing that the cost of certain surveys would be 
         paid from the appropriation theretofore or thereafter made for 
         such purposes. Deschler Ch 25 Sec. 4.10.
     Language in a bill making available unobligated balances of 
         appropriations ``heretofore'' made to carry out the provisions 
         of the bill. Deschler Ch 25 Sec. 4.11.
     An amendment to a legislative bill waiving provisions in an 
         appropriation act which limited the availability of funds 
         appropriated therein for a specified purpose, thereby 
         increasing the availability of appropriated funds. 93-2, Apr. 
         4, 1974, pp 9846, 9847.
     An amendment which provided for the transfer of existing 
         federal funds into a new Treasury trust fund and for their 
         immediate availability for a new purpose. 93-2, June 20, 1974, 
         pp 20273-75.
     Language authorizing the Treasurer to honor requisitions of 
         the Archivist in such manner and in accordance with such 
         regulations as the Treasurer might prescribe. Deschler Ch 25 
         Sec. 4.15.
     A provision in an omnibus reconciliation bill reported by the 
         Budget Committee making a direct appropriation to carry out a 
         part of the Energy Security Act. 99-1, Oct. 24, 1985, p 28812.


  Sec. 78 . Points of Order; Timeliness

                                 Generally

      A point of order under clause 5 Rule XXI against an appropriation 
  in a bill reported by a legislative committee should be raised at the 
  appropriate time in Committee of the Whole and does not lie in the 
  House prior to consideration of the bill. 94-1, Sept. 10, 1975, pp 
  28270, 28271. The provision

[[Page 150]]

  in clause 5, that a point of order against the appropriation can be 
  made ``at any time'' has been interpreted to require the point of 
  order to be raised during the pendency of the amendment under the 
  five-minute rule. Deschler Ch 25 Sec. 12.14. Such a point of order 
  comes too late after the amendment has been agreed to and has become 
  part of the text of the bill, and cannot then be raised against 
  further consideration of the bill as amended. 94-1, Apr. 28, 1975, p 
  12049.
      A point of order under clause 5 applies to the appropriation 
  against which it is directed and not to the bill carrying it. A point 
  of order in the House that the bill is improperly on the Union 
  Calendar does not lie. 7 Cannon Sec. 2140. The point of order should 
  be directed to the item of appropriation in the bill at the proper 
  time and not, in the House, to the act of reporting the bill. 7 Cannon 
  Sec. 2142. It follows that motions to discharge nonappropriating 
  committees from consideration of bills carrying appropriations are not 
  subject to points of order under the rule. 7 Cannon Sec. 2144.
      The intervention of debate or the consideration of amendments 
  following the reading do not preclude points of order under clause 5. 
  Points of order against appropriations in legislative bills may be 
  raised even after debate has taken place on the merits of the 
  proposition. Deschler Ch 25 Sec. 12.15. A point of order against an 
  amendment to a legislative bill containing an appropriation can be 
  raised ``at any time'' during its pendency, even in its amended form, 
  though the point of order is against the amendment as amended by a 
  substitute and though no point of order was directed against the 
  substitute prior to its adoption. 94-1, Apr. 23, 1975, pp 11512, 
  11513.

                          Waiving Points of Order

      Points of order based on clause 5 have sometimes been waived by 
  resolution. Deschler Ch 25 Sec. 4.3. 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. 94-1, Apr. 
  23, 1975, p 11512.


  Sec. 79 . -- Directing Points of Order Against Objectionable Language

      A point of order under Rule XXI clause 5 against an appropriation 
  in a legislative bill should be directed against that portion of the 
  bill (or against the amendment thereto) in which the appropriation is 
  contained and cannot be directed against the consideration of the 
  entire bill. 7 Cannon Sec. 2142; Deschler Ch 25 Sec. 4.2. If such a 
  point of order is sustained with respect to

[[Page 151]]

  a portion of a section of a legislative bill containing an 
  appropriation, only that portion is stricken. But if the point of 
  order is directed against the entire section for inclusion of that 
  language, the entire section will be ruled out. 93-2, Apr. 4, 1974, pp 
  9845, 9846.



[[Page 153]]

 
                           ASSEMBLY OF CONGRESS

   Sec. 1. In General; Day of Convening
   Sec. 2. Hour of Meeting
   Sec. 3. Organizational Business--First Session
   Sec. 4. Organizational Business--Second Session
   Sec. 5. Adoption of Rules
   Sec. 6. Procedure Prior to Adopting Rules
   Sec. 7. Taking Up Legislative Business
        Research References
          1 Hinds Secs. 1-10; 5 Hinds Secs. 6758-6762
          6 Cannon Secs. 1-5
          1 Deschler Ch 1
          Manual Sec. 245


  Sec. 1 . In General; Day of Convening

                                 Generally

      The Constitution provides that each regular session of Congress 
  shall begin on January 3 unless Congress by law appoints a different 
  day. U.S. Const. amend. XX, Sec. 2. A joint resolution, which has not 
  been considered privileged, is used to provide for the convening of a 
  Congress on a day other than that specified by the Constitution. 94-2, 
  Oct. 1, 1976, p 35130. See also H.J. Res. 377, providing for the 
  convening of the 97th Congress, second session, on Jan. 25, 1982, 
  rather than on Jan. 3, 1982. For other laws appointing a different day 
  for assembling, see Manual Sec. 243. The joint resolution may 
  originate either in the House (95-1, Dec. 15, 1977, p 38948) or in the 
  Senate (93-1, Dec. 17, 1973, p 42059).
      The President has the constitutional authority to convene the 
  Congress earlier than on the day it has fixed for its reconvening. He 
  may exercise this authority on ``extraordinary occasions'' by 
  convening either or both Houses. U.S. Const. art. II, Sec. 3. A number 
  of early Congresses were convened by Presidential proclamation (1 
  Hinds Secs. 10, 12). The last session so convened was in the 76th 
  Congress.

                            Pro Forma Meetings

      Upon completion of the legislative business for a session, the 
  House may schedule pro forma meetings for the remainder of the 
  constitutional term. 96-1, Dec. 14, 1979, p 36200. For example, as the 
  first session of

[[Page 154]]

  the 96th Congress drew to a close, the House, by unanimous consent, 
  agreed to convene every third day for the remainder of the session, 
  including a final pro forma meeting immediately prior to the 
  constitutional expiration of the session at noon on Jan. 3, 1980. 96-
  1, Dec. 20, 1979, p 37317. Similarly, in the 102d Congress, pursuant 
  to the concurrent resolution that placed the two Houses in an 
  intrasession adjournment from November 27, 1991, until January 3, 
  1992, the House convened at 11:55 a.m. on that day for its final 
  meeting of the first session. Because section 2 of the 20th Amendment 
  requires the Congress to assemble at noon on January 3 of each year 
  unless another date is set by law, when the Speaker announced adoption 
  of a simple motion to adjourn on the last day of the first session at 
  two minutes before that time he declared the House adjourned sine die 
  so that the second session could be convened at noon. 102-2, Jan. 3, 
  1992, p ____.
      Alternatively, the House may recess pursuant to a rule reported 
  from the Committee on Rules at the end of a session for periods not in 
  excess of three days, 104-1, Dec. 21, 1995, p ____.


  Sec. 2 . Hour of Meeting

                        Generally; Hourly Schedules

      Each House has plenary power over the time of its meetings during 
  the session. If the time of meeting has not been previously set by 
  resolution, the House, by standing order having the force of the 
  common law, meets each day at noon. Deschler Ch 1 Sec. 3. However, it 
  is the customary practice of the House to adopt a resolution 
  establishing an hourly schedule for its daily meetings. 88-2, Jan. 7, 
  1964, p 5; 92-1, Jan. 21, 1971, p 15; 97-2, Jan. 25, 1982, p 62. In 
  the 104th Congress, for example, the House adopted a resolution (Jan. 
  4, 1995, H. Res. 8) establishing as a standing order the daily hours 
  of meeting.
      Such schedules are designed to provide sufficient committee time 
  for hearings and markups early in the session, and sufficient floor 
  time later for authorization and appropriation bills. Resolutions 
  setting daily meeting times are considered privileged even though they 
  are not reported from the Committee on Rules since they are essential 
  to the operation of the House where there is no standing order in 
  place. 97-2, Jan. 25, 1982, p 62. But subsequent resolutions changing 
  the hour of meeting, unless reported as privileged from the Committee 
  on Rules, require unanimous consent for consideration. See, for 
  example, 95-2, June 29, 1978, p 19507.
      The meeting hour may be subsequently changed to a different hour 
  on certain days of the week pursuant to the adoption of a resolution 
  setting forth the new convening time. 95-1, June 30, 1977, p 21685. 
  And the House

[[Page 155]]

  may by unanimous consent vacate a previous order providing for the 
  House to meet only at certain times for the remainder of the session, 
  and agree to meet at a different time. 95-1, Nov. 29, 1977, p 38003.

                     Adjournments to a Different Hour

      The motion that when the House adjourns it adjourn to a day and 
  time certain may be used to enable the House to meet at an hour 
  different from that provided by the standing order. For a general 
  discussion of this motion (which is a privileged motion at the 
  Speaker's discretion) see Adjournment. In addition, the House may 
  agree by unanimous consent to meet at an earlier hour on the following 
  day rather than at noon. 88-1, Dec. 23, 1963, p 25499; 90-2, Sept. 11, 
  1968, p 26488. And if the time of meeting has not been previously set, 
  the House may agree to a motion to adjourn which fixes the hour of the 
  next meeting (5 Hinds Secs. 5362, 5363).


  Sec. 3 . Organizational Business--First Session

                          Functions of the Clerk

      At the beginning of a new Congress, under the modern practice (see 
  103-1, Jan. 5, 1993, p ____), the Clerk elected in the prior Congress 
  calls the House to order. In the event of his absence or incapacity, 
  the Sergeant at Arms from the prior Congress calls the House to order. 
  98-1, Jan. 3, 1983, p 29. After the opening prayer and Pledge of 
  Allegiance, he:

    Announces the receipt of credentials of Members-elect.
    Causes a quorum to be established, by roll call by states, by 
         electronic device.
    Announces the filing of credentials of Delegates-elect and of 
         the Resident Commissioner.
    Recognizes for nominations for Speaker.
    Appoints tellers for the alphabetical roll call vote by surname 
         for Speaker.
    Announces the vote.
    Appoints a committee to escort the Speaker to the Chair.

                            Election of Speaker

      The election of the Speaker is ordinarily the first order of 
  business at the opening of a new Congress after the ascertainment of a 
  quorum. Candidates for the office are nominated by the chairmen of the 
  Democratic Caucus and the Republican Conference. See, for example, 
  103-1, Jan. 5, 1993, p ____. The Speaker may be chosen by a viva voce 
  vote on a roll call with tellers, the Members responding with the name 
  of the nominee of their choice when called on the roll. Deschler Ch 1 
  Sec. 6. Although the Clerk ap-

[[Page 156]]

  points tellers for the election (87-2, Jan. 10, 1962, p 5) the House 
  and not the Clerk determines what method of voting to use. Deschler Ch 
  1 Sec. 6.

                    Status and Rights of Members-elect

      Where the certificate of election of a Member-elect, in due form, 
  is on file with the Clerk, he is entitled as of right to be included 
  on the Clerk's roll. Page v United States (1888) 127 US 67. Those 
  Members whose names appear on the Clerk's roll are entitled to vote 
  for a new Speaker at the beginning of a Congress and to participate in 
  other organizational business prior to the administration of the oath. 
  They may debate propositions, propose motions, offer resolutions, and 
  make points of order (Deschler Ch 2 Sec. 2); and they may be named to 
  serve on House committees when sworn. 4 Hinds Secs. 4477, 4483, 4484. 
  They may not introduce bills until after they have been sworn. Manual 
  Sec. 300.
      All Members-elect whose credentials have been received by the 
  Clerk are included on the first roll call, on opening day, to 
  establish a quorum. Members-elect not responding on that call and not 
  appearing to take the oath when it is administered en masse on opening 
  day are not included on further roll calls until they have taken the 
  oath. Generally, see Oaths.

                           Notices and Messages

      At the beginning of a new Congress, the House by various 
  resolutions: (1) directs that a message be sent to the Senate to 
  inform that body that a quorum of the House has been established and 
  that the Speaker and Clerk have been elected; (2) establishes a select 
  committee to notify the President that a quorum of the House has 
  assembled and is ready to receive any communication he may wish to 
  make; and (3) directs the Clerk to inform the President of the 
  selection of Speaker. See 94-1, Jan. 14, 1975, pp 15-19; 103-1, Jan. 
  5, 1993, p ____.


  Sec. 4 . Organizational Business--Second Session

      At the beginning of a second session of a Congress, the House is 
  ordinarily called to order by the Speaker, although in his absence the 
  House may be called to order by the Clerk (87-2, Jan. 10, 1962, p 5) 
  or by a previously designated Speaker pro tempore (89-2, Jan. 10, 
  1966, p 5). Following the opening prayer, the Speaker orders, without 
  motion, a call of the House to establish a quorum. 98-2, Jan. 23, 
  1984, p 74. The call of the House may be taken by electronic device 
  (102-2, Jan. 24, 1992, p ____), but the Speaker may elect not to use 
  the electronic system for that purpose. 94-2, Jan. 19, 1976, p 140.

[[Page 157]]

      Members-elect, elected to fill vacancies occurring in the first 
  session, are not included on the roll call to ascertain the presence 
  of a quorum when the second session convenes; their names are included 
  on the roll only after their certificates of election have been laid 
  before the House and the oath administered to them. Similarly, the 
  names of those Members who resigned during adjournment are stricken 
  from the roll and are not called to establish a quorum. 87-2, Jan. 10, 
  1962, p 5.


  Sec. 5 . Adoption of Rules

      The Constitution gives each House the power to determine the rules 
  of its proceedings. U.S. Const. art. I Sec. 5 clause 2. The Supreme 
  Court has interpreted this clause to mean that the House possesses 
  nearly absolute power to adopt its own procedural rules. United States 
  v Ballin (1892) 144 US 5. This power cannot be restricted by the rules 
  or statutory enactments of a preceding House. Deschler Ch 1 Sec. 10.1. 
  Thus, the adoption of the three-day availability rule by the 91st 
  Congress did not bind the 92d Congress. 92-1, Jan. 22, 1971, p 132.
      The rules of the House for each Congress are adopted by 
  resolution. See, for example, 89-1, Jan. 4, 1965, pp 21-25; 90-1, Jan. 
  12, 1967, p 430. Ordinarily, the House adopts the rules of the prior 
  Congress but with various amendments. 5 Hinds Sec. 6742; 103-1, Jan. 
  5, 1993, p ____. A resolution adopting rules is subject to amendment 
  when the previous question is voted down (90-1, Jan. 10, 1967, pp 31-
  33) or by the minority in a motion to recommit with instructions. Such 
  a resolution is not subject to a demand for a division of the question 
  or for a separate vote on each rule (Deschler Ch 1 Sec. 10.8) absent 
  prior adoption of a special rule permitting a divison of the 
  resolution (104-1, Jan. 4, 1995, p ____).
      As with other House-passed measures, the House may by unanimous 
  consent direct the Clerk, in the engrossment of a House resolution 
  providing for the adoption of rules, to make certain technical 
  corrections in the text of the resolution. 90-1, Jan. 12, 1967, p 430.


  Sec. 6 . Procedure Prior to Adopting Rules

      Prior to the adoption of formal rules, the House operates under 
  general parliamentary law, as modified by certain traditional House 
  rules and practices, and by portions of Jefferson's Manual. 5 Hinds 
  Secs. 6761-6763; 8 Cannon Sec. 3386. Statutes incorporated into the 
  rules of the prior Congress do not control the proceedings of the new 
  House. 92-1, Jan. 22, 1971, p 132. They must be re-adopted as part of 
  the rules of the new House in the resolution adopting those rules.

[[Page 158]]

      Prior to the adoption of rules by the House, those rules which 
  embody practices of long-established custom will be enforced as if 
  already in effect. 6 Cannon Sec. 191. Thus, prior to adoption of the 
  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. 102-1, Jan. 3, 1991, p ____.
      Procedures common to general parliamentary law applicable in the 
  House prior to the adoption of its formal rules include:

    The motion for a call of the House. 4 Hinds Sec. 2981; Deschler 
         Ch 1 Sec. 9.
    Points of order of no quorum. 96-1, Jan. 15, 1979, p 10.
     The motion to refer, subject to the motion to table. 103-1, 
         Jan. 5, 1993, p ____.
    Demands for the yeas and nays. 5 Hinds Secs. 6012, 6013; 
         Deschler Ch 1 Sec. 9.
    The motion for the previous question (5 Hinds Secs. 5451-5455; 
         90-1, Jan. 10, 1967, p 14), which takes precedence over a 
         motion to amend. 91-1, Jan. 3, 1969, pp 25-27.
    The motion to amend after rejection of the previous question 
         (90-1, Jan. 10, 1967, p 14; 87-1, Jan. 3, 1961, pp 23-25), with 
         any amendment being subject to the point of order that it must 
         be germane. 91-1, Jan. 3, 1969, pp 23-25.
     The practice that Members may engage in debate only when 
         recognized, such recognition being at the discretion of the 
         Speaker. 102-1, Jan. 3, 1991, p ____.
    The hour rule for debate on a question. 92-1, Jan. 22, 1971, p 
         132.
    Losing the right to resume after yielding the floor. 5 Hinds 
         Secs. 5038-5040.
    Recognition for an amendment after the defeat of the previous 
         question, under the hour rule, with the proponent of the 
         amendment controlling the time. 91-1, Jan. 3, 1969, pp 27-29.
    The motion to commit after ordering of the previous question. 5 
         Hinds Sec. 6758; 97-1, Jan. 5, 1981, p 112; 98-1, Jan. 3, 1983, 
         p 50.
    Withdrawal of a resolution before action is taken thereon. 92-
         1, Jan. 21, 1971, p 13.
    The motion to lay on the table. 5 Hinds Sec. 5390; Deschler Ch 
         1 Sec. 9.
    The motion to postpone to a day certain. 92-1, Jan. 21, 1971, p 
         14.
    The motion to adjourn. 1 Hinds Sec. 89; Deschler Ch 1 Sec. 9.

      Specific standing rules of the House held not applicable prior to 
  adoption of its formal rules include:

    The rule permitting 40 minutes of debate after the moving of 
         the previous question on a matter on which there has been no 
         debate. 5 Hinds Sec. 5509; 87-1, Jan. 3, 1961, p 23.
    The three-day availability rule for the consideration of 
         committee reports. 92-1, Jan. 22, 1971, p 132.

[[Page 159]]

  Sec. 7 . Taking Up Legislative Business

                                 Generally

      Congress is not assembled until both the House and Senate are in 
  session with a quorum present. 6 Cannon Sec. 5. But once the two 
  Houses have assembled, elected officers, sworn Members, and adopted 
  rules, the resumption of legislative business is in order. See 1 Hinds 
  Secs. 130, 140, 237; Deschler Ch 1 Sec. 11. In rare instances, a major 
  bill has been considered and passed even before the completion of 
  organization by the adoption of rules. Deschler Ch 1 Sec. 12.8. 
  However, a bill will not be considered in the House before the 
  administration of the oath to Members-elect, because of the statutory 
  requirement that the oath precede the consideration of general 
  business. 2 USC Sec. 25. And, as a matter of long-established custom, 
  the two Houses usually do not begin transacting legislative business 
  at the beginning of a Congress until after the President has delivered 
  his state of the Union Message. See 1 Hinds Secs. 81, 122-125; 
  Deschler Ch 1 Sec. 11. On one recent occasion the House as part of the 
  resolution adopting its standing rules also adopted a special order 
  providing for the immediate consideration of a bill introduced that 
  day (104-1, Jan. 4, 1995, p ____). On occasion the House has convened 
  for its second session on Jan. 3 but then conducted no legislative 
  business (including approval of its Journal or referral of bills) for 
  several days. 96-2, Jan. 22, 1980, p 187; 102-2, Jan. 22, 1992, p 
  ____.

                               Old Business

      Upon convening for a second or third session during the term of a 
  Congress, the House resumes all business that was pending either 
  before the House or before committees at the adjournment sine die of 
  the preceding session. 5 Hinds Sec. 6727; Manual Sec. 901. Similarly, 
  conference business between the two Houses continues over an 
  adjournment between the first and second sessions of a Congress. 5 
  Hinds Secs. 6760-6762. However, since Congress does not allow the past 
  proceedings of one Congress to bind its successor, business remaining 
  at the end of one Congress does not carry over to the beginning of a 
  new Congress. Deschler Ch 1 Sec. 11.
      Bills may be placed in the hopper on opening day and are referred 
  as expeditiously as possible following adoption of the rules (94-1, 
  Jan. 14, 1975, p 34); however, due to the large number of bills 
  introduced on opening day, the Speaker may delay their referral but 
  with all referrals ultimately printed as being made on opening day. 
  86-1, Jan. 7, 1959, p 161.



[[Page 161]]

 
                           BILLS AND RESOLUTIONS

              A. Generally; Public Bills

  Sec.  1. In General; Resolutions Distinguished
  Sec.  2. Public and Private Bills Distinguished
  Sec.  3. Form; Component Parts
  Sec.  4. Titles
  Sec.  5. Preambles

              B. Private Bills

  Sec.  6. In General
  Sec.  7. What Constitutes a Private Bill
  Sec.  8. Introduction and Referral; Enactment Procedure
  Sec.  9. -- Amendments
  Sec. 10. Uses of Private Bills
  Sec. 11. -- Claims By or Against the Government
  Sec. 12. -- Immigration and Naturalization Cases
        Research References
          4 Hinds Secs. 3266-3297, 3364-3390
          7 Cannon Secs. 846-871, 1027-1053
          Deschler Ch 24 Secs. 1-4, 9, 10
          Manual Secs. 397, 414, 478, 849a, 852

                        A. Generally; Public Bills


  Sec. 1 . In General; Resolutions Distinguished

      Bills are used for purposes of general legislation. Joint 
  resolutions are used to propose constitutional amendments and for 
  special or subordinate legislative purposes. Simple or concurrent 
  resolutions are used primarily to regulate the administrative or 
  internal business of the House, to express facts or opinions, or to 
  dispose of some other nonlegislative matter. See Deschler Ch 24 
  Secs. 1 et seq. However, unlike simple or concurrent resolutions, a 
  joint resolution is a bill so far as the rules of the House are 
  concerned. 4 Hinds Sec. 3375.

[[Page 162]]

      The introduction of certain types of bills is prohibited by House 
  rule. The introduction of private bills to pay claims cognizable under 
  the Federal Tort Claims Act, or providing for the construction of a 
  bridge across a navigable stream or for the correction of a military 
  record, have been prohibited since 1946. See Sec. 10, infra. As of the 
  104th Congress, the introduction of commemorative bills or resolutions 
  is barred by Rule XXII clause 2(b).
      The various stages in the passage and enactment of a bill, 
  including its introduction and referral, reading, engrossment, and 
  enrollment, are treated elsewhere. See Reading, Passage, and 
  Enactment. See also Consideration and Debate; Voting; and Veto of 
  Bills.


  Sec. 2 . Public and Private Bills Distinguished

      Bills may be either public or private. A private bill is a bill 
  for the benefit of one or several specified persons or entities, and 
  is to be distinguished from a public bill, which relates to public 
  matters and deals with individuals by classes only. 3 Hinds Sec. 2614; 
  4 Hinds Sec. 3285; 7 Cannon Sec. 856; Deschler Ch 24 Sec. 1. Whether a 
  law is to be regarded as public or private depends on the attendant 
  circumstances, having regard to the effect rather than the form of the 
  legislation. Bollinger v Watson, 63 SW 2d 642, 187 Ark. 1044. The 
  distinction is important, because the procedures followed in the 
  enactment of private bills (see Sec. 8, infra) are significantly 
  different from those applicable to public bills.
      A bill may be regarded as a public bill and referred to the House 
  or Union Calendar when reported where it:

     Contains provisions applicable to the general public, although 
         benefiting a named individual. 4 Hinds Sec. 3286.
     Relates to a nation of Indians and not to Indians as 
         individuals. 7 Cannon Sec. 870; Deschler Ch 24 Sec. 3.3.
     Indemnifies a foreign government for injury to one of its 
         nationals. 7 Cannon Sec. 865; Deschler Ch 24 Sec. 3.2.
     Includes among provisions for the relief of private persons 
         one item to pay a claim of a foreign nation. 4 Hinds Sec. 3287.
     Grants an easement over public lands to a private company. 7 
         Cannon Sec. 864.
     Authorizes an exchange of government-owned land for privately 
         owned land. 7 Cannon Sec. 862.
     Provides for the reimbursement of ``all the depositors'' of a 
         certain bank, the depositors not being identified by name. 8 
         Cannon Sec. 2373.
     Makes certain veterans entitled to wartime disability 
         compensation for disabilities and diseases caused by or 
         attributable to exposure to atomic or nuclear radiation during 
         their period of active service. 96-2, Oct. 9, 1980, H. Jour. p 
         2193.


[[Page 163]]




  Sec. 3 . Form; Component Parts

                                 Generally

      The form in which bills are considered in the House is governed by 
  statute and by the practices and customs of the House. Any deviation 
  from the form so prescribed may be authorized by joint resolution or 
  be waived by passage under suspension of the rules. 7 Cannon 
  Sec. 1035. Alleged errors in the drafting of a bill are to be resolved 
  by the House in its consideration of the measure and not by the 
  Speaker on a point of order. Deschler Ch 24 Sec. 2.2.
      Although there is no mandatory uniform style that is to be 
  followed in the drafting of legislative measures, general guidelines 
  are available. See House Legislative Counsel's Manual on Drafting 
  Style, Nov. 1995.
      The component parts of a bill introduced in the House include:

     A bill title (an identifying bill number is subsequently added 
         thereto).
     A preamble--used only on joint resolutions, rarely on bills 
         (Sec. 5, infra).
     An enacting or resolving clause, which must appear in the 
         first section of the act (1 USC Sec. 103).
     The text of the bill.

      On rare occasions, an act may contain an illustration, as where it 
  shows a required warning label (99-2, Feb. 3, 1986, p 1326). And one 
  House may pass a bill with blanks to be filled in by the other House. 
  5 Hinds Sec. 5781. But it is not in order for a Member to have 
  distributed on the floor of the House copies of a bill marked with his 
  own interpretation of its provisions. Deschler Ch 24 Sec. 2.1.

                             Enacting Clauses

      Enacting clauses must be in the form prescribed therefor by the 
  United States Code, as follows:

      Be it enacted by the Senate and House of Representatives of the 
  United States of America in Congress assembled. 1 USC Sec. 101.

                             Resolving Clauses

      The form prescribed for the resolving clause of a joint resolution 
  is:

      Resolved by the Senate and House of Representatives of the United 
  States of America in Congress assembled. 1 USC Sec. 102.

      If the joint resolution proposes to amend the Constitution, it is 
  customary to add to the resolving clause the words ``two-thirds of 
  both Houses concurring.'' 4 Hinds Sec. 3367.

[[Page 164]]

                    Sections; Headings and Subheadings

      The United States Code requires that each section of a bill be 
  numbered, and that it ``contain, as nearly as may be, a single 
  proposition of enactment.'' 1 USC Sec. 104. Section headings and 
  subheadings may be used, and in cases of ambiguity it is proper to 
  consult both a section heading and the section's content in order to 
  ascertain the clear meaning of the legislation. House v C.I.R., C.A. 
  Tex., 453 F2d 982 (1972).

                           Page and Line Numbers

      Under the practices of the House, when a bill is reported, each 
  page of the text is numbered and each line in the text is given a 
  separate number in the margin so that reference may quickly be made to 
  specific provisions of the bill. However, the pagination and marginal 
  numerals are no part of the text of the bill, and after amendment they 
  may be altered, changed, or transposed by the Clerk to conform to the 
  amended text without the necessity of a House order. 5 Hinds 
  Sec. 5781; 8 Cannon Sec. 2876.


  Sec. 4 . Titles

      All bills are given a title that indicates the subject matter of 
  the bill. A title is used strictly for purposes of identification 
  (Deschler Ch 24 Sec. 9.1) and is not considered in passing on points 
  of order relating to the provisions of the bill. 7 Cannon Sec. 1489.
      Under the guidelines suggested by the Office of the Legislative 
  Counsel, a title should accurately and briefly describe what a bill 
  does. For bills amending primarily a particular law, the form ``To 
  amend [citation of law] to . . .'' is used. For constitutional 
  amendments, the form ``Proposing an amendment to the Constitution of 
  the United States concerning . . .'' is used. If the bill covers 
  multiple items, the phrase ``and for other purposes'' may be used at 
  the end of the title.
      Although the title is retained on the bill during the various 
  stages of enactment, including engrossment (Manual Sec. 431) it is not 
  considered to be part of the enacted statute and is generally 
  published only in the Statutes at Large. Indeed, when an enacted 
  statute is codified and included in the United States Code, its title 
  may be excluded or greatly abbreviated.
      A title cannot be used to negate the obvious meaning of the 
  statute, but may, as part of the legislative history, assist in 
  resolving ambiguities. 4 Hinds Sec. 3381. In such cases the title of 
  an act may be resorted to by courts as an aid in determining 
  legislative intent. Brotherhood of R.R. Trainmen v Baltimore and Ohio 
  Railroad Co., 67 S.Ct. 1387, 331 U.S. 519, 91 L.Ed. 1646. In this 
  context, the title of a bill at the time of its enactment is said

[[Page 165]]

  to be indicative of the true intention of Congress in enacting it. 
  Corpus Juris Secundum, Statutes Sec. 351.


  Sec. 5 . Preambles

      Preambles often appear in joint resolutions, but rarely in bills 
  where sections containing separate statements of findings may serve 
  the same purpose. 4 Hinds Sec. 3412. Preambles are sometimes used to 
  indicate the underlying reason for a measure. 4 Hinds Sec. 3413. 
  However, preambles are not used in joint resolutions where the purpose 
  of the measure is largely self-explanatory, as where it:

     Makes continuing appropriations for a fiscal year. Pub. L. No. 
         99-103, 99th Cong.
     Makes an urgent supplemental appropriation for an executive 
         department. Pub. L. No. 99-71, 99th Cong.
     Extends certain programs which would otherwise expire. Pub. L. 
         No. 99-120, 99th Cong.

      The House may delete the preamble from a measure it has adopted 
  prior to its enactment. This is done either by unanimous consent or 
  pursuant to a motion to strike the preamble. This cannot be done 
  simply by moving to strike all after the enacting or resolving clause 
  since the preamble always precedes that clause. Deschler Ch 24 
  Sec. 9.5. Preambles to simple resolutions may be disposed of pursuant 
  to a motion to lay on the table, and the adoption of such motion does 
  not affect the status of the resolution. 5 Hinds Sec. 5430. Of course, 
  where no action is taken to strike out the preamble, and the bill is 
  passed, the preamble remains as part of the bill. Deschler Ch 24 
  Sec. 9.5.


                             B. Private Bills


  Sec. 6 . In General

                                Background

      The practice of Congress in passing private bills for the benefit 
  of specific persons or entities was taken from the English Parliament, 
  and began with the First Congress. The use of private bills steadily 
  increased thereafter, so much so that in some years the Congress 
  enacted more private bills than it did public bills. The 59th 
  Congress, for example, enacted more than 6,000 private bills, while 
  enacting fewer than 700 public bills. 7 Cannon Sec. 1028. In recent 
  years, and especially since the adoption of the Legislative 
  Reorganization Act of 1946, the number of private bills enacted into 
  law has been

[[Page 166]]

  steadily declining. In the 103d Congress only 8 bills of this type 
  were approved. Calendars of the U.S. House of Representatives, Final 
  Edition, 103d Cong.
      Since it lacks the generality of application that is normally 
  found in public laws, a private bill is considered a legislative 
  anomaly. Congressional action in passing such bills has been based on 
  the rationale that because public laws cannot cover every situation or 
  extraordinary circumstance that might arise, Congress may, as part of 
  its general law-making function, create ``equitable law'' to cover 
  such circumstance. 79 Harv. L. Rev. p 1684.

                             Constitutionality

      Although the constitutionality of private bills has not been 
  subjected to extensive critical analysis by the courts, their use is 
  regarded as a proper legislative function. The Supreme Court in 1940 
  held that the passage of a private bill does not constitute a 
  congressional intrusion into the judicial function. Paramino Lumber 
  Company v Marshall, 309 US 370 (1940).

                               Omnibus Bills

      The rules of the House permit the use of ``omnibus'' private 
  legislation--that is, a measure containing two or more private bills 
  that are considered as a single package. See Rule XXIV clause 6 
  (Manual Sec. 893).


  Sec. 7 . What Constitutes a Private Bill

      A private bill may be generally defined as a bill for the benefit 
  or relief of one or several specified persons or entities. 4 Hinds 
  Sec. 3285; 7 Cannon Sec. 856. It is generally enacted only for those 
  who have no other remedy available to them. Deschler Ch 24 Sec. 3. A 
  bill for the benefit of a named individual is classed as a private 
  bill even though it deals with government property. 7 Cannon Sec. 859. 
  An ``omnibus claim bill'' containing provisions for payments to many 
  different claimants is also treated as a private bill rather than a 
  public bill, where all claimants are of the same class and each 
  claimant is specified by name. 4 Hinds Sec. 3293. In one instance, a 
  bill was regarded as a private bill even though the individuals were 
  not named and were identified only as ``all persons'' who worked on a 
  certain construction project. 7 Cannon Sec. 857.


  Sec. 8 . Introduction and Referral; Enactment Procedure

      Private bills may be presented to the House only through a 
  sponsoring Member. A Member with a private bill to present (1) 
  endorses his name on the bill, and (2) delivers the bill to the Clerk. 
  Rule XXII (Manual

[[Page 167]]

  Sec. 849a). After its delivery to the Clerk, it may be referred to the 
  appropriate committee and then by it to a subcommittee. Committee 
  approval of the bill is generally contingent upon a showing that the 
  applicant has no other remedy. If the bill receives committee 
  approval, it is reported out favorably for consideration and is 
  referred to the Private Calendar.
      Private bills called on the Private Calendar are reviewed by a 
  committee of ``official objectors'' consisting of six members--three 
  from each party. As a matter of policy, the official objectors have 
  traditionally required that bills must be on the Private Calendar for 
  seven days before being called up; otherwise, they will object (see 
  Private Calendar). If two or more Members of the House object to a 
  bill, it is returned to the committee that reported it (Manual 
  Sec. 893). However, such a bill may be ``passed over without 
  prejudice'' by unanimous consent for subsequent consideration. Also, 
  the provisions of a private bill may be reported back in an omnibus 
  bill. 95-1, Apr. 28, 1977, p 12619.
      If the bill is unopposed, it is taken up in the House as in 
  Committee of the Whole. The procedure is as follows:

      The Speaker: This is the day for the call of the Private Calendar. 
    The Clerk will call the first omnibus bill on the calendar. . . . 
    The Clerk will read the bill by title for amendment. [The Clerk 
    reads the bill, and any committee amendments are reported and 
    disposed of; thereafter, motions to amend (see Sec. 9, infra) are in 
    order.]
      Member: Mr. Speaker, I offer a motion [to strike all or part of 
    the pending paragraph.]

      Note: Amendments are in order only if they strike out or reduce 
  amounts of money or provide limitations. Manual Sec. 893. Motions to 
  strike the last word are not permitted, nor are reservations of 
  objection. 95-1, Apr. 28, 1977, p 12619.

      The Speaker [after disposition of amendments]: The question is on 
    the engrossment and third reading of the bill.
      Member: Mr. Speaker, I offer a motion to recommit.
      The Speaker [after disposition of the motion to recommit]: The 
    question is on the passage of the omnibus bill.

      After a private bill has passed both Houses, it is sent to the 
  President, who may sign the bill or veto it just as he may a public 
  bill. A private bill must be approved by the President, or enacted 
  over his veto, in order to become law. See, for example, 83-2, Sept. 
  15, 1954, p 6748.
      After the House passes an omnibus private bill, it is resolved 
  into the various private bills of which it is composed, and each is 
  sent to the Senate as if individually passed. Manual Sec. 895.

[[Page 168]]

  Sec. 9 . -- Amendments

      A private bill is subject to amendment under the five-minute rule 
  pursuant to Rule XXIV clause 6. (Manual Secs. 893, 894.) However, a 
  private bill for the benefit of one individual may not be amended so 
  as to extend its provisions to another individual, even indirectly 
  through a motion to recommit with instructions. 4 Hinds Sec. 3296. Nor 
  is it in order to amend a private bill by adding provisions general 
  and public in character. 4 Hinds Sec. 3292. Motions to strike the last 
  word--pro forma amendments--are not entertained. 90-1, Dec. 14, 1967, 
  p 36536. Because of the germaneness rule (see Germaneness of 
  Amendments) a private bill for the benefit of certain individuals, 
  ascertainable by name, may not be amended so as to extend its 
  provisions to a general class of individuals. 7 Cannon Sec. 860.
      When an amendment is offered, members of the reporting committee 
  have priority in recognition to oppose the amendment. 90-1, Dec. 14, 
  1967, p 36535.


  Sec. 10 . Uses of Private Bills

                                 Generally

      Under the modern practice, most private bills granting relief to 
  individuals fall into one of two major categories: (1) bills involving 
  claims against the United States or waiving claims by the Federal 
  Government against specific individuals, and (2) bills excepting named 
  individuals from certain requirements of the immigration or 
  naturalization laws. See Secs. 11, 12, infra.
      Some private bills granting relief to identified individuals 
  merely permit the taking of some action that would otherwise be 
  prohibited by general law. For example, one favorably reported private 
  bill authorized federal employees of the Social Security 
  Administration in Syracuse, New York, to transfer annual leave to a 
  fellow employee who had exhausted her sick leave during her treatment 
  for cancer; the coworkers indicated that they wanted to donate their 
  annual leave on her behalf in order to extend her recovery time and 
  allow her to continue to be employed. 100-2, H.R. 3625, H. Rept. No. 
  100-554. Another such bill authorized the Secretary of Defense to 
  allow the children of a secret service agent killed while on duty to 
  attend school at a United States military facility in Puerto Rico, 
  after the family had been notified that his children were no longer 
  eligible to attend the school due to the fact that the children were 
  no longer dependents of a federally employed person in Puerto Rico. 
  100-2, H.R. 3439, H. Rept. No. 100-552.

[[Page 169]]

                    Measures Barred From Consideration

      In the Legislative Reorganization Act of 1946, Congress barred the 
  consideration of certain types of private bills. Under this provision, 
  which was added to the House rules in 1953 (see Rule XXII clause 2), 
  the House may not receive for introduction or consider any private 
  bill authorizing or directing the payment of money for property 
  damages, or for personal injuries or death for which suit may be 
  instituted under the Tort Claims Act. Private pension bills (other 
  than those to carry out a provision of law or treaty stipulation) are 
  also barred, as are bills providing for the construction of a bridge 
  across a navigable stream. Private bills providing for the correction 
  of a military record are likewise proscribed (Manual Sec. 852) though 
  a private bill which merely changes the computation of retired pay for 
  a former member of the armed services has been held permissible. 98-2, 
  Sept. 18, 1984, p 25824. The barring of private bills in such cases is 
  based on the availability to claimants of other judicial or 
  administrative remedies. Deschler Ch 24 Sec. 3. The Tort Claims Act, 
  for example, provides both administrative and judicial remedies in 
  certain personal injury cases involving the negligence of federal 
  employees. See 28 USC Secs. 2671 et seq.


  Sec. 11 . -- Claims By or Against the Government

                       Generally; Constitutionality

      Many private bills that are enacted grant relief to an individual 
  who has a meritorious claim against the federal government which 
  cannot otherwise be remedied. Deschler Ch 24 Sec. 3. The 
  constitutional basis for such bills is found in the First Amendment, 
  which sets forth the right to petition the government for the redress 
  of grievances, and in Article I, which allocates to Congress the power 
  to pay the debts of the United States. U.S. Const. art. I Sec. 8 
  clause 1. See Pope v United States, 323 US 1 (1944).

                                 Procedure

      Under Rule XXI clause 4 unanimous consent is required for the 
  reference of a private claim bill to a committee other than the 
  Committee on the Judiciary or the Committee on International 
  Relations. Manual Sec. 845.
      Most private bills involving claims against the government are 
  referred to the Judiciary Committee, which has jurisdiction over such 
  claims under Rule X clause 1(j). This committee then refers the bill 
  to its Subcommittee on Immigration and Claims. The subcommittee may 
  hold a hearing on the matter. The subcommittee determines whether to 
  recommend the bill favorably and then reports to the full committee. 
  If the recommendation is favor-

[[Page 170]]

  able, and the full committee agrees therewith, the bill is reported 
  and referred to the Private Calendar. See also Sec. 8, supra.

      Note: An alternative to this procedure is provided for in the 
  United States Code. It authorizes either House of Congress, by 
  adopting a resolution, to refer bills (except pension bills) to the 
  Chief Judge of the U.S. Court of Federal Claims, and stipulates that 
  the Chief Judge is to report the findings of fact and conclusions in 
  each case to the House which made the reference. 28 USC Secs. 1492, 
  2509. These reports are provided to Congress for use in deciding 
  whether certain private claims warrant legislative relief. Zadeh v 
  United States, 111 F Supp 248 (1953).

            Granting Relief; Consideration of Particular Claims

      In exercising its jurisdiction over claims against the government, 
  and in determining whether relief should be granted to persons seeking 
  redress of grievances under its rules, the subcommittee has been 
  guided by ``principles of equity and justice.'' The task of the 
  subcommittee has been to determine whether the equities and 
  circumstances of a case create a ``moral obligation'' on the part of 
  the government to extend relief to an individual who has no other 
  existing remedy. Relief has been granted in private legislation:

     To provide for the payment of $1.6 million to settle certain 
         property damage claims of residents arising out of the 1973 
         occupation of Wounded Knee, South Dakota, by members of the 
         American Indian Movement, who had been surrounded by federal 
         forces. 100-2, H.R. 2711, H. Rept. No. 100-559.
     To provide for a payment of $125,000 to a child who had been 
         sexually assaulted and molested by an employee of the Postal 
         Service, who was delivering mail at the time. A civil action 
         against the United States on behalf of the six-year-old 
         claimant was filed under the Federal Tort Claims Act on the 
         basis of negligent supervision of the employee by the Postal 
         Service, but this suit was unsuccessful, intentional torts such 
         as assault being excluded under the provisions of the act. 100-
         2, H.R. 4099, H. Rept. No. 100-556.
     To authorize certain firefighters to sue the United States for 
         injuries or death under the FTCA, because the Secretary of 
         Labor had determined that the firefighters were federal 
         employees covered by another statute--the Federal Employee 
         Compensation Act (FECA)--which precluded claims under the FTCA. 
         100-2, H.R. 2682, H. Rept. No. 100-547.
     To waive the discretionary-function and foreign-country 
         exceptions to the FTCA, thereby granting jurisdiction for the 
         claimant to sue the government for claims arising at a U.S. 
         Army health facility in Germany, an improperly administered 
         smallpox vaccination having resulted in long-term 
         hospitalization. 100-2, H.R. 2684, H. Rept. No. 100-442.

[[Page 171]]

     To provide compensatory relief in a contract case based on a 
         moral obligation of the government, such as when money was 
         promised and not paid. See 87-1, Priv. L. No. 87-195, H. Rept. 
         No. 232; 100-2, H.R. 3185, H. Rept. No. 100-549.
     To adjust or credit the account of a federal official (7 
         Cannon Sec. 863), or reimburse a government employee for 
         expenditures made by him at the direction of his employer. 100-
         2, H.R. 3388, H. Rept. No. 100-551.
     To permit claimants to receive an annuity under the Civil 
         Service Retirement (CSR) system. 100-2, H.R. 2889, H. Rept. No. 
         100-548; 100-2, H.R. 1864, H. Rept. No. 100-546.
     To relieve a federal employee of liability for repayment of 
         travel expenses erroneously paid to him by his employer. 100-2, 
         H.R. 3941, H. Rept. No. 100-555; 100-2, H.R. 3347, H. Rept. No. 
         100-550.
     To suspend or waive a statute of limitations where the 
         government has been unjustly enriched at the expense of the 
         claimant (see 92-1, Priv. L. No. 87-23, H. Rept. No. 87-176), 
         or where to do so would be in the interests of ``justice and 
         equity.'' 100-1, H.R. 1491, H. Rept. No. 100-439.


  Sec. 12 . -- Immigration and Naturalization Cases

      Private bills are sometimes used to exempt individuals from the 
  application of the immigration and naturalization laws in hardship 
  cases where the law would otherwise prohibit entry into or require 
  deportation from the United States. Deschler Ch 24 Sec. 3.
      To obtain a private bill granting such relief, the applicant must 
  find a Member willing to sponsor the bill. Sec. 8, supra. When such a 
  bill has been introduced, it is referred to the House Judiciary 
  Committee pursuant to Rule X clause 1(j). The bill may then be 
  referred to the subcommittee with jurisdiction over such bills for 
  consideration and hearings pursuant to specified guidelines. Private 
  bills have been used in specific cases to:

     Restore a prospective immigrant to his place on a quota 
         waiting list when that place was lost without his fault. 83-2, 
         Priv. L. No. 601, H. Rept. No. 2078.
     Grant asylum to a Communist aviator who flew his plane to the 
         West. 83-2, Priv. L. No. 380.
     Grant the status of permanent residence to a 23-year-old 
         Philippino woman who became pregnant while visiting the United 
         States under a temporary visa, where the father had acquired 
         permanent-residency status, and where the alternative would 
         have been to separate the family, with the mother and infant 
         returning to the Philippines and the father remaining here. 
         100-1, S. 393, H. Rept. No. 100-354.
     Reinstate U.S. citizenship to a 65-year-old native U.S. 
         citizen who renounced citizenship in 1950 due to family 
         obligations when he was married to a Mexican national. 100-1, 
         H.R. 2358, H. Rept. No. 100-381.

[[Page 172]]

     Enable a record-holding swimmer from East Germany who had 
         defected to the United States to file a petition for 
         naturalization without regard to residence and Communist Party 
         membership. 100-2, H.R. 446, H. Rept. No. 100-598.
     Grant the status of permanent residence to a sports and media 
         figure retroactively to 1950, and to provide that he shall be 
         considered to have complied with residential and physical 
         presence requirements of the Immigration and Naturalization 
         Act. 86-2, H.R. 81-56, Priv. L. No. 86-486, H. Rept. No. 1506.



[[Page 173]]

 
                              BUDGET PROCESS

  Sec.  1. In General; Legislative Background
  Sec.  2. Committee Jurisdiction; Reports and Estimates
  Sec.  3. The Budget Timetable
  Sec.  4. Budget Resolutions; Consideration and Debate
  Sec.  5. -- Amendments to Resolutions
  Sec.  6. -- Debate on Conference Reports
  Sec.  7. Reconciliation Procedures
  Sec.  8. Adherence to Spending and Revenue Levels
  Sec.  9. Deficit Targets
  Sec. 10. Sequestration
  Sec. 11. Spending Controls
  Sec. 12. New Spending Authority
  Sec. 13. Social Security Funds
  Sec. 14. The Budget Process and the Public Debt Limit
  Sec. 15. Impoundments Generally
  Sec. 16. -- Rescissions; Line Item Veto
  Sec. 17. -- Deferrals
  Sec. 18. Unfunded Mandates
        Research References
          3 Deschler Ch 13 Sec. 21
          Manual Secs. 169, 674, 695, 709, 726, 876b, 1007-1013
          Budget and Accounting Act of 1921 (Pub. L. No. 67-13)
          Congressional Budget and Impoundment Control Act of 1974 (Pub. 
            L. No. 93-344)
          Balanced Budget and Emergency Deficit Control Act of 1985 
            (Pub. L. No. 99-177), also known as the Gramm-Rudman Act
          Balanced Budget and Emergency Deficit Control Reaffirmation 
            Act of 1987 (Pub. L. No. 100-119)
          Budget Enforcement Act of 1990 (Pub. L. No. 101-508)
          Omnibus Budget Reconciliation Act of 1993 (Pub. L. No. 103-66)
          Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-4)
          Line Item Veto Act (Pub. L. No. 104-130)
          Manual on the Federal Budget Process, CRS, Dec. 24, 1991

[[Page 174]]

  Sec. 1 . In General; Legislative Background

                                 Generally

      There are three stages in the complex process by which the 
  Congress allocates the fiscal resources of the federal government. 
  There is, first, an authorization process under which federal programs 
  are created in response to national needs, and second, an 
  appropriations process under which funding is provided for those 
  programs. See Appropriations. The third stage is the congressional 
  budget process, under which Congress annually establishes an overall 
  fiscal policy on how much total spending and revenues ought to be and 
  how total spending should be divided among the major functions of 
  government such as defense, agriculture, and health. These three 
  stages are not necessarily considered or completed in chronological 
  order.

                   The Budget and Accounting Act of 1921

      The modern era in budget reform began with the passage of the 
  Budget and Accounting Act of 1921, which established a new 
  Presidential budget system, and which permitted all items relating to 
  a department to be brought together in the same bill. This Act (Pub. 
  L. No. 67-13) authorized the President to submit a national budget in 
  place of the previous uncoordinated agency submissions. This Act 
  required him to submit his budget recommendations to Congress each 
  year, and the Office of Management and Budget (OMB) was created to 
  assist him in this respect. The 1921 Act also established the General 
  Accounting Office and made it the principal auditing arm of the 
  federal government. See 31 USC Secs. 1101 et seq.

                   The Congressional Budget Act of 1974

      Until 1974, the Congress lacked a comprehensive uniform mechanism 
  for establishing priorities among its budgetary goals and for 
  determining national economic policy regarding the federal budget. 
  Budget responsibility remained fragmented throughout the Congress. 
  Both taxing and spending actions were taken over a period of many 
  months and by way of many different legislative measures. The size of 
  the budget, and whether it should be in surplus or deficit, were not 
  subject to effective controls. To address these problems, both Houses 
  enacted over President Nixon's veto the Congressional Budget and 
  Impoundment Control Act of 1974 (Pub. L. No. 93-

[[Page 175]]

  344). Deschler Ch 13 Sec. 21. The Act (see 2 USC Secs. 601 et seq.) 
  consisted of 10 titles which:

     Established new committees on the budget in both the House and 
         the Senate, and a Congressional Budget Office designed to 
         improve Congress' informational and analytical resources with 
         respect to the budgetary process.
     Set forth a timetable and established controls for various 
         phases of the congressional budget process centered on a 
         concurrent resolution on the budget to be adopted prior to 
         legislative consideration of revenue or spending bills.
     Spelled out various enforcement procedures and provided for 
         program review and evaluation.
     Provided for standardization of budget terminology.
     Established procedures for congressional review of 
         Presidential impoundment actions.

      Titles I through IX are known as the ``Congressional Budget Act'' 
  and title X is known as the ``Impoundment Control Act.'' The Unfunded 
  Mandates Reform Act of 1995 added a new part B to title IV of the 
  Congressional Budget Act.
      The central purpose of the process established by the Act is to 
  coordinate the various revenue and spending decisions that are made in 
  separate tax, appropriations, and legislative measures. (The Act 
  originally provided for the adoption of two budget resolutions each 
  year, but the Act was amended in 1985 to allow an entire fiscal-year 
  cycle to be addressed by a single resolution.)

       The Balanced Budget and Emergency Deficit Control Act of 1985

      The Balanced Budget and Emergency Deficit Control Act of 1985 
  (referred to herein as Gramm-Rudman) made further significant changes 
  in the budget process, and in the Congressional Budget Act procedures. 
  (Gramm-Rudman is codified in 2 USC Secs. 900 et seq.) Conceived as a 
  statutory response to the burgeoning federal deficit problem, Gramm-
  Rudman instituted a single binding budget resolution, binding 
  committee allocations, and provided for reconciliation and enforcement 
  of fixed deficit targets through sequestration. The Congressional 
  Budget Process: A General Explanation, Committee on the Budget, U.S. 
  House of Representatives, July 1986, p 7. The Act included provisions 
  amending the Congressional Budget Act to permit a new point of order 
  against legislation exceeding the appropriate committee allocation 
  (Sec. 302(f)), exempting the title II social security program from 
  reconciliation (Sec. 310(g)), and precluding the breaching of budget 
  authority or outlay ceilings or revenue floors, with certain 
  exceptions (Sec. 311).

[[Page 176]]

         Budget Enforcement Act of 1990; Revisions and Extensions

      The Budget Enforcement Act of 1990 (BEA) revised the Gramm-Rudman 
  deficit targets and made them adjustable, and extended the 
  sequestration process. It set limitations on distinct categories of 
  discretionary spending, and created pay-as-you-go procedures to 
  require that increases in direct spending or decreases in revenues due 
  to legislative action be offset so that there is no net increase in 
  the deficit. Secs. 9, 10, infra. The Omnibus Budget Reconciliation Act 
  of 1993 (OBRA) extended the discretionary spending limits and pay-as-
  you-go requirements through fiscal 1998. Pub. L. No. 103-66.

                     Enforcement Procedures Generally

      The Congressional Budget Act of 1974 permits enforcement through 
  parliamentary points of order against legislation violating its 
  requirements and procedures. However, the enforcement mechanisms are 
  not automatically applied and timely points of order from the floor 
  are required to bring them into play. Budget Process Law Annotated, 
  1993 Edition, S. Prt 103-49, p 176. But the Congressional Budget Act 
  also is linked to certain automatic enforcement procedures under 
  Gramm-Rudman. The Congressional Budget Act sets forth discretionary 
  spending limits used for purposes of sequestration, the automatic-
  formula reduction process that is required if triggered under Gramm-
  Rudman. Sequestration, see Sec. 10, infra.
      Enforcement through Budget Act points of order may be precluded 
  under Sec. 606(d)(2) if the pending measure is protected by one of the 
  emergency designations permitted under Gramm-Rudman when declared by 
  both the President and Congress (see Secs. 251(b)(2)(D) and 252(e)).

                           Use of Special Rules

      A concurrent resolution on the budget or a budget reconciliation 
  bill that has been reported as privileged pursuant to clause 4(a) of 
  Rule XI is privileged for consideration under the provisions of 
  Sec. 305 of the Act and clause 8 of Rule XXIII or the provisions of 
  Sec. 310 of the Act, as the case may be. In either case, however, the 
  House may vary the parameters of consideration established in statute 
  or standing rule by unanimous consent, by suspension of the rules, or 
  by adoption of a special rule.
      This is true because the statutory provisions concerned were 
  enacted as exercises of the rulemaking powers of the House and the 
  Senate, respectively, under the Constitution. See, for example, 
  Sec. 904(a). It is customary for the House to vary the parameters for 
  consideration of a particular budget resolution or reconciliation bill 
  by adopting a special order of business resolution recommended by the 
  Committee on Rules.

[[Page 177]]

      Similarly, the various parliamentary enforcement mechanisms 
  established in the Act--those sections establishing points of order 
  against consideration of certain propositions--likewise constitute 
  rules of the House and, as such, are liable to waiver by unanimous 
  consent, by suspension of the rules, or by adoption of a special rule. 
  It is not unusual for the House to waive such a point of order by 
  adopting a special order of business resolution recommended by the 
  Committee on Rules.
      Under the Budget Act the Speaker must refer a concurrent 
  resolution on the budget reported from the Budget Committee 
  sequentially to the Rules Committee for not more than five legislative 
  days if it includes any procedure or matter having the effect of 
  changing a rule of the House. See Sec. 301(c). After such a referral, 
  an additional one-day layover follows the report of the Committee on 
  Rules. See Sec. 305(a)(1).


  Sec. 2 . Committee Jurisdiction; Reports and Estimates

                                 Generally

      To implement the congressional budget process, the Congressional 
  Budget Act created the Senate and House Budget Committees (and the 
  Congressional Budget Office). 2 USC Secs. 601 et seq. The Budget 
  Committees were given the authority to draft Congress' annual budget 
  plan for the federal government for consideration by the full Senate 
  and House. Unlike the authorizing and appropriating committees, which 
  focus on individual federal programs, the Budget Committees focus on 
  the federal budget as a whole and how it affects the national economy.
      The House rules give the House Budget Committee jurisdiction over 
  matters relating to the congressional budget, including concurrent 
  resolutions on the budget. Rule X clause 1(d)(2). Manual Sec. 673a. 
  The Committee on Rules has the special oversight function of review of 
  the budget process. Rule X clause 3(i). Manual Sec. 693. In the 104th 
  Congress, the limited jurisdiction of the Budget Committee was 
  expanded to consolidate the budget process and the enforcement of 
  budget controls. See Manual Sec. 673b.
      The Congressional Budget Act (Sec. 310) provides conditions for 
  the reporting by the Budget Committees of reconciliation measures. The 
  Act (Sec. 306) prohibits the consideration in either House of any 
  measure dealing with a matter within the jurisdiction of its Budget 
  Committee if not reported from the Budget Committee or discharged 
  therefrom.

            Committee Reports; Cost Estimates and Scorekeeping

      The Congressional Budget Office (CBO) provides economic and 
  program analyses and cost information on most reported public bills 
  and resolu-

[[Page 178]]

  tions. Under the Budget Act, five-year cost estimates are prepared and 
  published in the reports accompanying these bills. Sec. 403(a).
      Committee reports on legislation providing new budget authority, 
  new spending or credit authority, or a change in revenues or tax 
  expenditures, are required to contain the estimates and other detailed 
  information mandated by Sec. 308(a). The information mandated by 
  Sec. 308(a) is also required under House Rule XI clause 2(l)(3) except 
  that, under an amendment adopted in 1995, the estimates with respect 
  to new budget authority must include, when practicable, a comparison 
  of the total estimated funding level for the relevant program (or 
  programs) to the appropriate levels under current law.
      If a bill is introduced in a form providing new budget or 
  entitlement authority and is reported without curative amendment and 
  without an estimate of its cost, then a Sec. 308 point of order may be 
  made against consideration of the bill. However, a special order for 
  the consideration of a bill that ``self-executes'' the adoption of an 
  amendment providing new budget authority into a bill to be 
  subsequently considered does not, itself, provide new budget authority 
  within the meaning of Sec.  308 of the Budget Act. 103-1, Feb. 24, 
  1993, p ____.
      The Director of the Congressional Budget Office is required to 
  issue to the committees of the House and the Senate monthly reports 
  detailing and tabulating the progress of congressional action on 
  specified bills and resolutions. Sec. 308(b)(1). The Budget Committees 
  of each House are required to prepare budget ``scorekeeping'' reports 
  and to make them available frequently enough to provide Members of 
  each House with an accurate representation of the current status of 
  congressional consideration of the budget. Sec. 308(b)(2).
      Committee allocations, see Sec. 8, infra.


  Sec. 3 . The Budget Timetable

      The Congressional Budget Act (Sec. 300) includes a timetable for 
  various stages of the congressional budget process:

     On or before first Monday in February--President submits his 
         budget to Congress

      Note: Additional time for submission of the President's budget can 
  be provided for by law. Shortly after its submission, the two Budget 
  Committees begin hearings on the budget, the economic assumptions upon 
  which it is based, the economy in general, and national budget 
  priorities.

     On or before February 15--Congressional Budget Office submits 
         annual report

[[Page 179]]

      Note: The CBO is required to submit its annual report to the 
  Budget Committees. This report deals primarily with overall economic 
  and fiscal policy and alternative budget levels and national budget 
  priorities.

     On or before February 25--Committees submit views and 
         estimates to Budget Committees

      Note: This step involves the submission of the views and estimates 
  of all standing committees of the House and Senate. These reports 
  provide the Budget Committees with an early and comprehensive 
  indication of committee legislative planning. These reports include 
  estimates of new budget authority and outlays.

     On or before April 1--Senate Budget Committee reports 
         concurrent resolution
     On or before April 15--Congress completes action on concurrent 
         resolution on the budget

      Note: Congress may revise its budget resolution before the end of 
  the appropriate fiscal year (see Sec. 304 of the Budget Act); while 
  this may be done at any point, the Congress in some years has followed 
  the practice of revising the budget plan for the current fiscal year 
  as part of the budget resolution for the upcoming fiscal year.

     May 15--Annual appropriation bills considered in the House

      Note: General appropriation bills may be considered in the House 
  after May 15 even if a budget resolution for the ensuing fiscal year 
  has yet to be agreed to. Sec. 303(b)(1).

     On or before June 10--House Appropriations Committee reports 
         last annual appropriation bill
     June 15--Congress completes action on reconciliation 
         legislation

      Note: The mandatory June 15 deadline was repealed by BEA. However, 
  the Congress may not adjourn for more than three calendar days during 
  the month of July until the House has completed action on the 
  reconciliation legislation (Sec. 310(f)) and the 13 general 
  appropriation bills (Sec. 309).

     On or before June 30--House completes action on annual 
         appropriation bills
     October 1--Fiscal year begins

      Note: The fiscal year begins on October 1, and ends on September 
  30. In the past, action on appropriation bills has not always been 
  completed by October 1, necessitating the passage of a ``continuing 
  resolution'' to provide appropriations on a temporary basis until the 
  regular appropriation bills are enacted.

      Deadlines for other stages in the budget process, such as 
  notification of adjustment in maximum deficit amounts, the President's 
  mid-session

[[Page 180]]

  budget review, and various CBO and OMB sequestration reports, were 
  provided for in Gramm-Rudman Sec. 254(a).
      Under rules adopted in 1995, each standing committee has the 
  deadline of February 15 of the first session for the submission of its 
  oversight plans for the Congress to the Committees on Government 
  Reform and Oversight and House Oversight. These plans must be reported 
  to the House by the Committee on Government Reform and Oversight by 
  March 31 of the session. Rule X clause 2(d).


  Sec. 4 . Budget Resolutions; Consideration and Debate

                                 Generally

      The budget resolution is a concurrent resolution; as such it is 
  not a law, but serves as an internal framework for Congress in its 
  action on separate revenue, spending, and other budget-related 
  measures. The content of budget resolutions is governed by the 
  Congressional Budget Act (see particularly Secs. 301, 606). Budget 
  resolutions set forth budgetary levels for the upcoming fiscal year 
  and for the four succeeding fiscal years. The budget totals set forth 
  what the Congress considers to be the appropriate amounts, including 
  amounts for total spending and total revenues. The budget resolution 
  gives the Congress a mechanism for establishing federal spending 
  priorities. The budget resolution accomplishes this by dividing up 
  federal spending among various classifications such as national 
  defense, agriculture, and health. These classifications, known as 
  ``budget functions,'' provide the Congress with a means of allocating 
  federal resources among broad categories of spending. The 
  Congressional Budget Process, An Explanation, Committee on the Budget, 
  U.S. Senate, Mar. 1988, p 4.
      Section 301(b)(4) of the Budget Act permits a concurrent 
  resolution on the budget to ``set forth such other matters, and 
  require such other procedures, relating to the budget, as may be 
  appropriate to carry out the purposes of [the] Act.'' (This provision 
  is sometimes referred to as the ``elastic clause.'') Textually, the 
  ``other matters'' and ``procedures'' admitted by this section must: 
  (1) relate to the budget; and (2) be appropriate to carry out the 
  purposes of the Budget Act.

      Note: They must not include matter that would destroy the 
  privilege of the concurrent resolution on the budget, such as by 
  effecting a special order of business. The only matter in the nature 
  of a special order of business that may be included in a privileged 
  concurrent resolution on the budget is a reconciliation directive. 
  Reconciliation, see Sec. 7, infra.

[[Page 181]]

                            Floor Consideration

      The Congressional Budget Act provides special procedures for House 
  consideration of a concurrent resolution on the budget reported by the 
  Committee on the Budget. Floor consideration may begin after a five-
  day layover period that starts when the report on the resolution first 
  becomes available to the Members. See Sec. 305(a)(1).
      The Act provides for consideration in the Committee of the Whole. 
  Ten hours are allowed for general debate, with an additional four 
  hours permitted on economic goals and policies. Amendments are 
  considered under the five-minute rule (Sec. 5, infra). After the 
  Committee rises and reports the resolution back to the House, the 
  previous question is considered as ordered on the resolution and any 
  amendments thereto to final passage without intervening motion. A 
  motion to recommit the resolution is not in order, nor is a motion to 
  reconsider. Sec. 305(a)(2)-(5). The question having been put on final 
  passage, the yeas and nays are considered as ordered. Rule XV clause 
  7.
      A budget resolution being considered in Committee of the Whole has 
  been held subject to a motion to rise and report the resolution back 
  to the House with the recommendation that the resolving clause be 
  stricken. 103-1, Mar. 18, 1993, p ____.
      The Budget Act procedures for floor consideration of a budget 
  resolution are applicable only to privileged budget resolutions which 
  have been reported from committee, and not to unreported budget 
  resolutions. 98-2, Apr. 5, 1984, pp 7992, 7993.
      The Rules Committee may report a special rule to be applied during 
  the consideration of a particular budget resolution or conference 
  report. The committee may report a special rule permitting only 
  certain designated amendments to be offered to the resolution. See 
  Sec. 1, supra. In recent Congresses, only designated amendments in the 
  nature of substitutes have been permitted, and perfecting amendments 
  have been precluded. H. Res. 384, 103-2, Mar. 10, 1994, p ____.
      A budget resolution may under some circumstances be divided so as 
  to permit a separate vote on particular sections therein. 102-2, Mar. 
  5, 1992, p ____. In one instance, where a pending budget resolution 
  contained one section revising the congressional budget for the fiscal 
  year, preceded by sections setting forth budget targets for ensuing 
  fiscal years as well as reconciliation instructions, and followed by a 
  final section on reporting of certain fiscal information, the question 
  of its adoption was divided on the demand of a Member for two separate 
  votes (1) on the first and final portions of the resolution and then 
  (2) on the separable section in between. 96-2, May 7, 1980, pp 10185-
  87.

[[Page 182]]

     Budget Resolution to Precede Consideration of Related Legislation

      The Congressional Budget Act precludes certain budget-related 
  legislation for a fiscal year until the budget resolution for that 
  year has been adopted by both Houses. Sec. 303(a). The essence of 
  section 303(a) of the Budget Act is timing. It reflects a judgment 
  that legislative decisions on expenditures and revenues for the coming 
  fiscal year should await the adoption of the budget resolution for 
  that year. 101-2, July 25, 1990, p ____. Legislation ruled out under 
  this provision has included:

     A conference report containing new spending authority in the 
         form of entitlements to become effective in fiscal years 1978 
         through 1980, where the concurrent resolution on the budget for 
         those fiscal years had not yet been adopted. 94-2, Sept. 30, 
         1976, pp 34074, 34075.
     An amendment providing new entitlement authority to become 
         effective in a fiscal year before adoption of the budget 
         resolution for that year. 94-2, Oct. 1, 1976, pp 34554-57; 102-
         2, Mar. 26, 1992, p ____ (six rulings).
     An amendment providing new budget authority for a fiscal year, 
         before adoption of a budget resolution for that year. 99-1, 
         July 17, 1985, pp 19435, 19436.

      Under Sec. 303 of the Act, the Chair is guided by his own judgment 
  of the text and of the arguments presented from the floor as to 
  whether an amendment involves spending or revenues. The statutory 
  requirements that the Chair determine certain levels of spending or 
  revenues on the basis of estimates made by the Committee on the Budget 
  apply only to questions arising under Sec. 302 (allocation breaches) 
  or Sec. 311 (breaches of totals). Nevertheless, the Chair may treat 
  Budget Committee estimates as persuasive on questions arising under 
  Sec. 303 (timing breaches), whether to maintain consistency in 
  determinations under title III of the Act or simply for their 
  analytical merit. 102-2, Mar. 26, 1992, p ____.
      Waivers of Sec. 303(a) have been provided pursuant to a special 
  rule from the Committee on Rules. See Sec. 1, supra.


  Sec. 5 . -- Amendments to Resolutions

                                 Generally

      Under the Congressional Budget Act (Sec. 305(a)(5)), amendments to 
  budget resolutions are considered in the Committee of the Whole under 
  the five-minute rule in accordance with House Rule XXIII. Under clause 
  8 of that rule, the resolution is open to amendment at any point, so 
  that the Committee of the Whole may amend the functional categories 
  section prior to consideration of the total budget allocations. 95-2, 
  May 2, 1978, p 12094.

[[Page 183]]

              Amendments to Achieve Mathematical Consistency

      The 96th Congress adopted provisions amending Rule XXIII clause 8 
  to require, with certain exceptions, that amendments to concurrent 
  resolutions on the budget be mathematically consistent. 96-1, Jan. 15, 
  1979, p 8. Under this rule, amendments making changes in budget 
  authority and outlay aggregate totals must be accompanied by 
  comparable changes in functional categories. A point of order will lie 
  against an amendment to the resolution increasing the aggregates and a 
  functional category for budget authority and outlays but not changing 
  the amount of the deficit. However, an amendment which only transfers 
  an amount of budget authority from one functional category to 
  another--that is, reduces one category by a certain amount and adds 
  the same amount to another category--need make no changes in the 
  aggregates to achieve mathematical consistency. 96-1, May 8, 1979, p 
  10271.
      An amendment to achieve mathematical consistency throughout the 
  resolution may either change the functional categories to conform with 
  the aggregates, or vice versa, and if such an amendment is offered and 
  rejected, another amendment in different form to achieve mathematical 
  consistency may be offered. 96-1, May 14, 1979, pp 10967-75. Under 
  Sec. 305(a)(5) of the Budget Act, an amendment or amendments to 
  achieve mathematic consistency can be offered at any time up to final 
  passage.
      A change in the public debt limit from that figure reported by the 
  Committee on the Budget is not in order, except as part of an 
  amendment offered at the direction of the Budget Committee to achieve 
  mathematical consistency. Rule XXIII clause 3. Public debt limit, see 
  Sec. 14, infra.

                                Germaneness

      Unless protected by special rule, an amendment to a concurrent 
  resolution on the budget must be germane to the text of the 
  resolution. An amendment expressing the sense of Congress that the 
  Impoundment Control Act be repealed for a fiscal year and calling for 
  a review of the Budget Act and the budget process, has been conceded 
  to be not germane. 96-2, Nov. 18, 1980, p 30026.


  Sec. 6 . -- Debate on Conference Reports

      Under Sec. 305(a)(6) of the Congressional Budget Act there can be 
  up to five hours of debate in the House on a conference report on a 
  concurrent resolution on the budget, such debate to be equally divided 
  between the majority and minority parties. Where the conferees report 
  in total disagreement, debate on the motion to dispose of the 
  amendment in disagreement is not

[[Page 184]]

  governed by the statute and is instead considered under the general 
  ``hour'' rule in the House. 94-2, May 13, 1976, p 13756; 95-1, May 17, 
  1977, p 15126; and 95-2, May 17, 1978, p 14117.


  Sec. 7 . Reconciliation Procedures

      The Congressional Budget Act (Sec. 301(b)(2)) provides for the 
  inclusion of reconciliation instructions in a budget resolution and 
  for the reporting and consideration of reconciliation legislation. The 
  purpose of the reconciliation process is to require committees to 
  implement the spending and tax policy decisions agreed to in the 
  budget resolution. If the reconciliation directive involves more than 
  one committee in each House, then all committees affected by the 
  directive are to submit their recommendations to their respective 
  Budget Committees. The Budget Committees then assemble, without 
  substantive revision, all the recommendations into one package for 
  action by the House or Senate. (Sec. 310). The Congressional Budget 
  Process: A General Explanation, Committee on the Budget, U.S. House of 
  Representatives, July 1986, p 15. In the 104th Congress, the Senate 
  took the position that reconciliation instructions might contemplate 
  several reconciliation bills. 104-2, May 21, 1996, p ____ (decision of 
  Chair sustained on appeal); 104-2, May 23, 1996, p ____.
      Reconciliation instructions are directives to committees to 
  recommend changes in existing law to achieve the goals in spending or 
  revenues contemplated by the budget resolution. Reconciliation 
  provides Congress with a mechanism to achieve reduced spending by 
  changing the law applicable to certain entitlement programs as part of 
  its budget plan. Merely lowering entitlement spending levels in the 
  budget resolution may not suffice, because entitlement laws require 
  the government to pay specified benefits to qualifying individuals 
  unless Congress changes those entitlement laws.
      The Congressional Budget Act (see Sec. 310(d)) requires that 
  amendments offered to reconciliation legislation in either the House 
  or the Senate must not increase the level of deficit (if any) in the 
  resolution. In order to meet this requirement, an amendment reducing 
  revenues or increasing spending must offset deficit increases by 
  equivalent revenue increases or spending cuts. Manual on the Federal 
  Budget Process, CRS, Dec. 24, 1991, p 55. Section 313 of the Budget 
  Act addresses the subject of ``extraneous'' material in a 
  reconciliation bill--the so-called ``Byrd Rule.'' The enforcement of 
  this section applies only in the Senate, but can be directed against 
  matter originating with the House.

[[Page 185]]

  Sec. 8 . Adherence to Spending and Revenue Levels

                                 Generally

      With certain exceptions, the Congressional Budget Act 
  (Sec. 311(a)) precludes specified measures--including amendments and 
  conference reports--that would cause total budget authority or total 
  outlays to exceed, or total revenues to be below, the level set forth 
  in the budget resolution after the Congress has completed action 
  thereon. The provision is enforced by raising points of order against 
  the consideration of measures which would breach the ``appropriate 
  levels'' of total new budget authority or total outlays or total 
  revenues in the budget resolution. The revenue and spending estimates 
  of the Budget Committees are used to determine revenue and spending 
  levels. Sec. 311(c). These budget levels represent a congressional 
  determination of appropriate fiscal policy and national budget 
  priorities. The Congressional Budget Process: A General Explanation, 
  Committee on the Budget, U.S. House of Representatives, July 1986, p 
  12. Section 311 of the Act has been interpreted to prohibit 
  consideration of an amendment striking out a rescission of existing 
  budget authority where its effect would be to increase the net new 
  budget authority in the bill in breach of the applicable total. 97-1, 
  May 12, 1981, p 9314. A point of order will lie against an amendment 
  that has the effect of reducing revenues for the fiscal year below the 
  total level of revenues contained in the concurrent resolution on the 
  budget for that year. See 94-2, Oct. 1, 1976, pp 34554-57.

                                  Waivers

      The House may agree to a special rule reported from the Committee 
  on Rules waiving points of order against consideration of a bill or 
  resolution in violation of Sec. 311 of the Congressional Budget Act. 
  96-2, Jan. 24, 1980, p 581. Thus, in 1980, a special rule waived 
  points of order against consideration of a bill containing new budget 
  authority for the current fiscal year in excess of the ceiling on 
  total budget authority established in the concurrent resolution on the 
  budget. 96-2, May 13, 1980, p 10999. See Sec. 1, supra.

                  Committee Allocations; ``Crosswalking''

      Under the Congressional Budget Act, provision is made for the 
  allocation--to each committee with jurisdiction--of ``appropriate 
  levels'' of spending authority. See Secs. 302(a); 602(a). The joint 
  statement accompanying a conference report on the budget resolution 
  makes an allocation of total budget authority, outlays, and 
  entitlement authority contained in the resolution among the 
  appropriate committees of the House and Senate. For example, if the 
  conference report allocates $7 billion in budget authority and $6

[[Page 186]]

  billion in outlays for the functional category ``Community and 
  Regional Development,'' the statement of managers must divide those 
  amounts among the appropriate committees of the House and Senate with 
  jurisdiction over programs and authorities covered by that functional 
  category. See Deschler Ch 13 Sec. 21. The Congressional Budget 
  Process: A General Explanation, Committee on the Budget, U.S. House of 
  Representatives, July 1986, p 13.
      The allocation of the budget plan's spending levels among the 
  spending committees is known informally as ``crosswalking.'' Committee 
  crosswalks for both the House and Senate are set out initially in the 
  report of each House accompanying the budget resolution, and finally 
  in the joint explanatory statement of the conference committee on the 
  budget resolution. Each committee is allocated an overall level for 
  discretionary spending within its jurisdiction that is consistent with 
  the congressional budget plan. Under Sec. 602(b) Appropriation 
  Committees then subdivide their allocations among their subcommittees 
  for programs within their jurisdiction.
      Any Member may raise a timely point of order against a reported 
  bill, amendment or conference report that would exceed the relevant 
  committee allocation. See Sec. 302(f). Thus, where a general 
  appropriation bill provided new budget authority to the limit of the 
  pertinent allocation pursuant to Sec. 602 of the Budget Act, an 
  amendment scored by the Budget Committee as providing further new 
  budget authority was ruled out as violating Sec. 302(f) of the Budget 
  Act by causing that allocation to be exceeded. 102-1, June 26, 1991, p 
  ____. Even an amendment delaying the imposition of a certain monetary 
  penalty has been held to violate Sec. 302(f), the rationale being 
  that, by foregoing offsetting receipts, it provided new budget 
  authority in excess of the pertinent committee allocation. 102-1, July 
  18, 1991, p ____. On the other hand, 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 these provisions. 100-1, June 
  30, 1987, p 18308.
      Pursuant to section 302(g) of the Budget Act, the Chair relies on 
  estimates provided by the Committee on the Budget in determining 
  levels of spending authority for purposes of deciding questions of 
  order under section 302(f) of the Budget Act. 102-1, June 26, 1991, p 
  ____.

                         The Sec. 311(b) Exception

      As noted above, Sec. 311(a) precludes Congress from considering 
  legislation that would cause total revenues to fall below, or total 
  new budget authority or total outlays to exceed, the appropriate level 
  set forth in the budget resolution. But Sec. 311(a) does not apply in 
  the House to spending legislation if the committee reporting the 
  measure has stayed within its allocation of new discretionary budget 
  authority and new entitlement authority. See

[[Page 187]]

  Sec. 311(b). Accordingly, the House may take up any spending measure 
  that is within the appropriate committee allocations, even if (solely 
  due to excessive spending within another committee's jurisdiction) it 
  would cause total spending to be exceeded.

                            Emergency Spending

      Budget Act points of order against a bill under either Sec. 311 
  (breach of the appropriate total) or under Sec. 302 (breach of 
  appropriate allocation) do not lie if the spending is protected by an 
  emergency designation authorized by Gramm-Rudman. Such exemptions are 
  specifically permitted by new Sec. 606(d)(2) of the Budget Act. Under 
  Gramm-Rudman, the emergency designation must be identified as such by 
  both the President and Congress. See Secs. 251(b)(2)(D) and 252(e).


  Sec. 9 . Deficit Targets

      Section 601(a)(1) of the Budget Act specified maximum deficit 
  amounts (MDA) for fiscal years through 1995. Congressional budget 
  resolutions had to be within the maximum deficit amount for the 
  applicable fiscal year, a requirement that was enforced by MDA points 
  of order under the Congressional Budget Act. See Sec. 606(b). While 
  these statutory deficit amounts were not in effect beyond fiscal year 
  1995, deficit limits were specified in the budget resolution for 
  fiscal year 1994 through fiscal year 1998. See H. Con. Res. 64 
  (conference report agreed to Mar. 31, 1993, p ____).
      Under current Gramm-Rudman provisions, the Office of Management 
  and Budget (OMB) provides certain estimates as to fiscal year 
  deficits. Sec. 252(b). Under the original Gramm-Rudman law, the 
  Comptroller General was a participant in the deficit amelioration 
  process. However, in July 1986, the Supreme Court declared the 
  sequestration procedure set forth in Gramm-Rudman to be 
  unconstitutional because it delegated executive powers to the 
  Comptroller General, an officer subject to removal by the Congress. 
  The Supreme Court in upholding the ruling of the District Court 
  invoked the separation of powers doctrine. The court concluded that 
  ``Congress cannot reserve for itself the power of removal of an 
  officer charged with the execution of the laws except by impeachment. 
  To permit the execution of the laws to be vested in an officer 
  answerable only to Congress would, in practical terms, reserve in 
  Congress control over the execution of the laws.'' See Synar v U.S., 
  106 S.Ct. 3181, 478 US 714.

[[Page 188]]

  Sec. 10 . Sequestration

      Sequestration involves the issuance of a Presidential order that 
  permanently cancels budgetary resources (except for special funds and 
  trust funds) for the purpose of achieving a required amount of outlay 
  savings. Sequestration orders are automatically triggered by OMB 
  reports mandated under Gramm-Rudman. Gramm-Rudman, as amended, 
  provides multiple sequestration procedures. The sequestration process 
  is used to enforce the deficit targets (Sec. 253), to enforce the 
  discretionary spending limits (Sec. 251), and to enforce the pay-as-
  you-go requirements (Sec. 252). These provisions require that such 
  sequesters occur on the same day--15 calendar days after Congress 
  adjourns to end a session. Additional sequesters may occur 
  subsequently in the fiscal year to eliminate any breach in the 
  discretionary spending limits; this is referred to as ``within-
  session'' sequestration. Sec. 251(a)(6).

                Modification or Suspension of Sequestration

      The OMB having issued a final sequestration report for a fiscal 
  year, the Majority Leader of either House of Congress may under Gramm-
  Rudman introduce a timely joint resolution directing the President to 
  modify his most recent sequestration order or to provide an 
  alternative to reduce the deficit for such fiscal year. Sec. 258A(a). 
  The issuance of a ``low growth'' report by the CBO may also trigger a 
  joint resolution suspending the relevant enforcement provisions of 
  titles III and IV of the Budget Act. Sec. 258(a). For an example of 
  such a resolution, see S.J. Res. 44, 102-1, Jan. 23, 1991, p ____.
      A sequestration ordered by the President for fiscal year 1990 was 
  rescinded by the Congress when it adopted a deficit-reducing 
  reconciliation bill for that year. In this instance, initial 
  sequestration reports for fiscal year 1990 were issued by the 
  Directors of both CBO and OMB. Accordingly, the President issued an 
  initial sequestration order directing that the reductions specified in 
  the OMB report be made on a provisional basis; a final sequestration 
  order was then issued by the President. The reconciliation bill 
  included provisions to rescind the orders and restore the sequestered 
  funds, and reduced the deficit by achieving certain other savings. 
  Pub. L. No. 101-239.


  Sec. 11 . Spending Controls

                          Discretionary Spending

      The Budget Enforcement Act of 1990 (BEA) established discretionary 
  spending limits for fiscal years 1991 through 1995 in Sec. 601 of the 
  Congressional Budget Act. The limits on discretionary budget authority 
  and discre-

[[Page 189]]

  tionary outlays are enforceable by the sequestration process under 
  Sec. 251 of Gramm-Rudman. For fiscal years 1994 and 1995, the limits 
  applied to total discretionary budget authority and total 
  discretionary outlays (rather than being distributed among defense, 
  domestic, and international categories). See Sec. 601(a)(2).
      The Omnibus Budget Reconciliation Act of 1993 (OBRA), Pub. L. No. 
  103-66, Sec. 14002, further extended the discretionary spending limits 
  of Sec. 601. OBRA continues the use of adjustable discretionary 
  spending limits through fiscal year 1998. As was the case for fiscal 
  years 1994 and 1995, OBRA established separate limits each year for 
  total discretionary budget authority and total discretionary outlays. 
  See H. Conf. Rept. No. 103-213, 103d Cong. 1st Sess. See also 103-1, 
  Aug. 4, 1993, p ____.
      Gramm-Rudman sets forth a detailed procedure for the periodic, 
  automatic adjustment of the discretionary spending limits. Adjustments 
  are made for various factors, including changes in accounting concepts 
  and inflation. See Sec. 251(b)(1).

                              Direct Spending

      Direct spending is spending controlled outside of the annual 
  appropriations process. It is composed of entitlement and other 
  mandatory spending programs, including, under Gramm-Rudman, the food 
  stamp program. Sec. 250(c)(8). Such programs are generally funded by 
  provisions of the permanent laws that created them. For these reasons 
  Congress relies on reconciliation procedures to enforce budget 
  policies with respect to existing spending laws. Reconciliation, see 
  Sec. 7, supra.
      Direct spending is not capped, but operates under Gramm-Rudman's 
  so-called paygo process, which requires that direct spending and 
  revenue legislation enacted for a fiscal year be deficit neutral. See 
  Sec. 252.


  Sec. 12 . New Spending Authority

      A conventional authorization establishes or continues a government 
  agency or program, and while it may place a limit on the amount of 
  budget authority that may be appropriated for that purpose (Deschler 
  Ch 25 Sec. 2.13), the authorized funds are available only to the 
  extent provided for in appropriation acts originated by the 
  Appropriations Committee (see Appropriations). Spending legislation 
  which circumvents the appropriations process is called ``backdoor 
  spending.'' Restrictions against such legislation are found in the 
  Congressional Budget Act. With certain exceptions, new ``spending 
  authority'' is to be ``effective'' only as provided in appropriation 
  acts. Sec. 401(a). ``Spending authority'' is defined by the Act to 
  include contract authority and borrowing authority. Sec. 401(c)(2). 
  The Act has been con-

[[Page 190]]

  strued to prohibit the consideration of a measure containing new 
  spending authority to incur indebtedness, if the budget authority 
  therefor is not provided in advance by appropriation acts. See 94-2, 
  Sept. 27, 1976, p 32655.
      The ``spending authority'' referred to in Sec. 401(a) does not 
  apply to bills that provide legislative authorizations that are 
  subject to the appropriations process. For example, a point of order 
  that a section of a bill providing that certain loan receipts were 
  ``authorized to be made available'' was in violation of the Budget Act 
  was overruled on the ground that the funds were subject to the 
  appropriation process and thus no new spending authority was involved. 
  94-1, Sept. 10, 1975, pp 28270, 28271. On the other hand a conference 
  report authorizing the Secretary of Health, Education, and Welfare to 
  borrow funds by issuing government notes as a public debt transaction, 
  not subject to amounts specified in advance in appropriation acts, was 
  conceded to violate Sec. 401(a) of the Budget Act and was ruled out on 
  a point of order. 94-2, Sept. 27, 1976, p 32655.
      Whether or not an amendment to a pending measure provides new 
  spending authority for a program is determined by its marginal effect 
  on the pending measure (rather than current law). See 102-2, Mar. 26, 
  1992, p ____.
      The House may adopt a resolution reported from the Committee on 
  Rules waiving points of order against the consideration of a 
  conference report containing an amendment providing new spending 
  authority not subject to amounts provided in advance by appropriation 
  acts in violation of Sec. 401(a) of the Budget Act. 95-1, Dec. 15, 
  1977, pp 38949, 38950 [H. Res. 935, providing for consideration of the 
  Clean Water Act of 1977]. In this instance, the Budget Committee 
  supported the waiver for the Clean Water Act with the understanding 
  that a concurrent resolution would be offered after adoption of the 
  report to correct the enrollment of the bill to make the contract 
  authority subject to the appropriation process. A similar procedure 
  was followed with respect to a waiver of points of order against a 
  reclamation projects bill in 1976. 94-2, Aug. 25, 1976, p 27747.

                           New Credit Authority

      The Congressional Budget Act contains restrictions against the 
  consideration of new credit authority in reported measures unless such 
  authority is limited to the extent or in amounts provided in 
  appropriation acts. Sec. 402(a). Legislation carrying new credit 
  authority is also subject to Sec. 504(b) of the Budget Act. Section 
  504(b) constitutes a standing requirement, notwithstanding any other 
  provision of law, that new credit authority be effective only to the 
  extent that subsidy costs are capped and appropriated in advance.

[[Page 191]]

                           Entitlement Authority

      New spending in the form of an entitlement may be subject to 
  points of order under the Congressional Budget Act. A measure 
  containing a new entitlement is subject to a point of order (see 
  Sec. 401(b)(1)) unless the entitlement (as defined by the Act) is to 
  take effect after the start of the appropriate fiscal year. See, for 
  example 99-2, June 26, 1986, p 15729. In addition, a point of order 
  lies under Sec. 303(a) against an amendment providing new entitlement 
  authority for a coming fiscal year before the adoption of a concurrent 
  resolution on the budget for that fiscal year. 102-2, Mar. 26, 1992, p 
  ____.
      An amendment enlarging the class of persons eligible for a 
  government subsidy has been held to provide new entitlement authority 
  within the meaning of the Budget Act. 102-2, Mar. 26, 1992, p ____.


  Sec. 13 . Social Security Funds

      Receipts and disbursements of the Social Security trust funds are 
  not to be counted as new budget authority, outlays, receipts, or as 
  deficit or surplus. Under the Budget Enforcement Act of 1990 (BEA), 
  the off-budget status of these programs applies for purposes of the 
  President's budget, the congressional budget, and under Gramm-Rudman. 
  See Sec. 13301.
      Transactions of the Social Security trust funds--the Federal Old-
  Age and Survivors Insurance Trust Fund and the Federal Disability 
  Insurance Trust Fund (OASDI)--are excluded from the spending and 
  revenue totals under the BEA. The trust funds were included in the 
  deficit calculations made under Gramm-Rudman for deficit reduction 
  purposes, but were exempt from sequestration. The BEA (in Secs. 13301-
  13306) reaffirms the off-budget status of Social Security trust funds, 
  excludes them from the deficit and paygo calculations made under 
  Gramm-Rudman, and continues their exemption from sequestration. The 
  BEA creates a ``fire wall'' point of order in the House to prohibit 
  the consideration of legislation that would change certain balances of 
  the Social Security trust funds over specified periods under 
  Sec. 13302. H. Conf. Rept. No. 101-964, 101st Cong. 2d Sess.
      The Congressional Budget Act of 1974 prohibits the consideration 
  of certain reconciliation legislation that contains recommendations 
  with respect to the title II program under the Social Security Act. 
  Sec. 310(g).


  Sec. 14 . The Budget Process and the Public Debt Limit

      A limit on the public debt is fixed by law. 31 USC Sec. 3101. 
  Increases in the debt limit are frequently needed because of increases 
  in federal debt. Changes in the public debt limit may be effected 
  through procedures set

[[Page 192]]

  forth in House Rule XLIX. Manual Sec. 945. The budget resolution plays 
  a key role in this process. Reconciliation directives relative to 
  changes in the public debt may be included in the concurrent 
  resolution on the budget under Sec. 310(a)(3) of the Budget Act. 
  Reconciliation, see Sec. 7, supra.
      If the budget resolution as adopted sets forth an amount for the 
  public debt which is different from the amount of the statutory limit, 
  the procedure specified by Rule XLIX operates. Manual Sec. 945. After 
  the budget resolution is adopted by the Congress, a joint resolution 
  changing the debt limit is prepared by the Clerk and sent to the 
  Senate for its approval. This resolution is ``deemed,'' under the 
  conditions of House Rule XLIX, to have passed the House. 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 the Senate acts later) or the date of receipt of a message from 
  the Senate informing the House of final Senate action, is the 
  appropriate date under Rule XLIX for deeming the House to have 
  engrossed and passed a joint resolution increasing the statutory limit 
  on the public debt. 103-1, Apr. 1, 1993, p ____.
      In some years, instead of a joint resolution, Congress has enacted 
  a separate bill raising the debt limit. See, for example, H.R. 5350, 
  Aug. 4, 1990. The debt limit may also be increased by a provision 
  attached to other legislation, such as a reconciliation bill. See the 
  Omnibus Budget Reconciliation Act of 1993 (Pub. L. No. 103-66). By 
  adoption of a special order, Rule XLIX may be made inapplicable to a 
  specific budget resolution. See H. Res. 149, May 17, 1995, p ____.


  Sec. 15 . Impoundments Generally

             Executive Branch Authority; Types of Impoundments

      The executive branch has no inherent power to impound appropriated 
  funds. In the absence of express congressional authorization to 
  withhold funds appropriated for implementation of a legislative 
  program, the executive branch must spend all the funds. Kennedy v 
  Mathews, 413 F Supp 1240 (1976). See also Train v City of New York, 
  420 U.S. 35, 95 S.Ct. 839, 43 L.Ed.2d 1 (1975). Accordingly, if the 
  controlling statute gives the officials in question no discretion to 
  withhold the funds, a court may grant injunctive relief directing that 
  they be made available. Kennedy, at p 1245.
      The impoundment of appropriated funds may be proposed by the 
  President pursuant to the Impoundment Control Act of 1974. Two types 
  of impoundments are referred to by this statute: (1) rescissions, 
  which are the permanent cancellation of spending (Sec. 1012), and (2) 
  deferrals, which impose a temporary delay in spending (Sec. 1013), 
  codified at 2 USC Secs. 681 et seq.

[[Page 193]]

      The Impoundment Control Act was enacted by Congress in 1974 in an 
  effort to control the budgetary impoundment powers asserted by the 
  President. As the court noted in City of New Haven, Conn. v U.S., 634 
  F Supp 1449 (D.D.C. 1986), in the early 1970's the President began to 
  use impoundments as a means of shaping domestic policy, withholding 
  funds from various programs he did not favor. The legality of these 
  impoundments was repeatedly litigated, and by 1974, impoundments had 
  been vitiated in many cases. See, e.g., National Council of Community 
  Mental Health Centers, Inc. v Weinberger, 361 F Supp 897 (D.D.C. 1973) 
  (public health funds).


  Sec. 16 . -- Rescissions; Line Item Veto

                       Under Impoundment Control Act

      Under the Impoundment Control Act, the President may propose to 
  rescind all or part of the budget authority Congress has appropriated 
  for a particular program. To propose a rescission the President must 
  send a special message to Congress detailing the amount of the 
  proposed rescission, the reasons for it, and a summary of the effects 
  the rescission would have on the programs involved. Sec. 1012(a). 
  Under the Act, Congress then has 45 days within which to approve the 
  proposed rescission by a ``rescission bill'' that must be passed by 
  both Houses. Sec. 1012(b). If it fails of approval, the President must 
  allow the full amount appropriated to be spent. City of New Haven, 
  Conn. v U.S., 634 F Supp 1449 (D.D.C. 1986), 1452.
      The 45-day period prescribed by the Act applies only to the 
  initial consideration of the bill in the House; the consideration of a 
  conference report on such a bill is subject only to the general rules 
  of the House relating to conference reports and is not prevented by 
  the expiration of the 45-day period following the initial 
  consideration of the bill. 94-1, Mar. 25, 1975, pp 8484, 8485.
      The Impoundment Control Act sets forth detailed procedures 
  expediting and governing the consideration of a rescission bill 
  introduced under its provisions. Secs. 1017(a)-(c). These procedures 
  are rarely invoked in the modern practice and the ``rescission bill'' 
  referred to in the Act is not the only means by which the House may 
  take action on such a matter. The House may address the question 
  through other legislation without following the procedures set forth 
  in Sec. 1017. 94-1, Mar. 25, 1975, p 8484.
      Rescissions of prior appropriations can be reported in a general 
  appropriation bill and the inclusion of rescission language by the 
  Committee on Appropriations is excepted from the prohibition against 
  provisions ``changing existing law'' under Rule XXI clause 2(b). See 
  Manual Secs. 834b, 834f.

[[Page 194]]

                         Under Line Item Veto Act

      Enhanced rescission authority was given to the President on Apr. 
  9, 1996, with the adoption of the Line Item Veto Act (Pub. L. No. 104-
  130). This new authority first becomes effective in the 105th 
  Congress. This Act added new part C to title X of the Congressional 
  Budget and Impoundment Control Act of 1974 (2 USC Secs. 631 et seq.). 
  If he acts within a limited time frame after the enactment, and if 
  certain presidential determinations are made, the President is 
  authorized to cancel:

     Any dollar amount of discretionary budget authority.
     Any item of new direct spending.
     Any limited tax benefit.

      The President must determine that such cancellation will reduce 
  the federal budget deficit, not impair any essential government 
  functions, and not harm the national interest. He must notify the 
  Congress of such cancellation by transmitting a special message within 
  five calendar days (excluding Sundays) after the enactment of the law. 
  Sec. 1021(a).
      Provision is made for a 30-day congressional review period, and 
  for expedited consideration of disapproval bills. A disapproval bill 
  must be reported not later than seven calendar days after introduction 
  or be subject to a highly privileged motion to discharge. After being 
  reported or discharged, a disapproval bill may be considered in the 
  Committee of the Whole with consideration of the bill not to exceed 
  one hour and with no amendment in order except that any Member, if 
  supported by 49 other Members, may offer an amendment striking a 
  cancellation or cancellations from the bill. Any conference with the 
  Senate would also be expedited. Sec. 1025(f).
      The cancellation takes effect upon receipt in the House and the 
  Senate of the special message notifying the congress of the 
  cancellation. If a disapproval bill for such special message is 
  enacted into law, then all cancellations disapproved in that law 
  become null and void. Sec. 1023.


  Sec. 17 . -- Deferrals

      Under the Impoundment Control Act of 1974, the President must 
  notify Congress of the proposed deferral of any budget authority, the 
  reasons for the deferral, the impact the deferral will have on the 
  programs involved, and ``any legal authority invoked to justify the 
  proposed deferral.'' Sec. 1013(a). See codification at 2 USC 
  Sec. 684(a).
      Until 1986, the Act was used frequently as the basis for 
  Presidential deferral proposals and for their consideration by the 
  Congress. The statute as originally written allowed a deferral to be 
  overridden by a resolution of

[[Page 195]]

  disapproval passed by either House. Pub. L. No. 93-344, title X, 
  Sec. 1013. Congress could reject the proposal by one-House veto or in 
  subsequent legislation. Today, the Congress may disapprove a deferral 
  through the enactment of ordinary legislation or through appropriation 
  acts; but it may not do so through a resolution of disapproval by one 
  House only under recent court rulings. See Congressional Disapproval 
  Actions.
      In 1986, a suit was brought to contest the validity of certain 
  deferrals proposed by the President under Sec. 1013 of the Act. In 
  November 1985, the President had signed the fiscal year 1986 
  appropriations bill for the Department of Housing and Urban 
  Development (Pub. L. No. 99-160, 99 Stat. 909), which appropriated 
  funds for certain community development programs. In February 1986, 
  the President sent impoundment notices to Congress pursuant to the Act 
  announcing his deferrals of the expenditure of funds for the programs 
  at issue. The plaintiffs in the suit included various cities, 
  community groups, and Members of Congress. The plaintiffs challenged 
  as unconstitutional the provision allowing a so-called one-House 
  legislative veto of impoundments proposed by the President, such 
  vetoes having been declared unconstitutional under the Supreme Court 
  decision in Immigration and Naturalization Service v Chadha, 462 U.S. 
  919, 103, S.Ct. 2764, 77 L.Ed.2d 317 (1983). The plaintiffs argued 
  that the unconstitutional legislative veto provision contained in 
  Sec. 1013 rendered the entire section invalid, leaving the President 
  without statutory authority on which to base the deferrals in 
  question. After analyzing the intent of Congress in enacting 
  Sec. 1013, the District Court of the District of Columbia held that 
  the section's unconstitutional legislative veto provision was 
  inseverable from the remainder of the section. City of New Haven, 
  Conn. v U.S., 634 F Supp 1449 (D.D.C. 1986). Accordingly, it declared 
  Sec. 1013 void in its entirety and ordered the defendants to make the 
  deferred funds available for obligation. City of New Haven, at 1460. 
  The judgment of the District Court in striking down Sec. 1013 in its 
  entirety was affirmed by the U.S. Court of Appeals. City of New Haven, 
  Conn. v U.S., 809 F2d 900 (D.C. Cir. 1987).
      In 1987, after Sec. 1013 of the Act was declared unconstitutional, 
  the Act was amended to exclude the one-House legislative veto 
  procedure, and limitations were placed on the purposes for which 
  deferrals could be made. See Pub. L. No. 100-119. The Act now permits 
  deferrals only in three specified situations: ``to provide for 
  contingencies,'' ``to achieve savings made possible by or through 
  changes in requirements or greater efficiency of operations,'' or ``as 
  specifically provided by law.'' Sec. 1013. The same language is used 
  in the Anti-Deficiency Act. 31 USC Sec. 1512(c)(1). The purpose of 
  such language was to preclude the President from invoking Sec. 1013 as 
  authority for implementing ``policy'' impoundments, while preserving 
  the

[[Page 196]]

  President's authority to implement routine ``programmatic'' 
  impoundments. City of New Haven, Conn. v U.S., 809 F2d 900 at p 906 
  (note).

                           Unreported Deferrals

      Section 1015(a) of the Impoundment Control Act (2 USC Sec. 686(a)) 
  requires the Comptroller General to report to the Congress whenever he 
  finds that any officer or employee of the United States has ordered, 
  permitted, or approved a reserve or deferral of budget authority, and 
  the President has not transmitted a special impoundment message with 
  respect to such reserve or deferral.


  Sec. 18 . Unfunded Mandates

      The Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-4; 109 
  Stat. 48 et seq.) added a new part B to title IV of the Congressional 
  Budget Act of 1974 (2 USC Secs. 658-658g) that imposes several 
  requirements on committees with respect to ``federal mandates,'' 
  establishes points of order to enforce those requirements, and 
  precludes the consideration of a rule or order waiving such points of 
  order in the House. Section 425 of the Congressional Budget Act 
  establishes a point of order against consideration of a bill, joint 
  resolution, amendment, motion, or conference report containing 
  unfunded mandates. Section 426(a) of the Act establishes a point of 
  order against consideration of any rule or order that waives the 
  application of Sec. 425. Points of order under Secs. 425 and 426(a) of 
  the Budget Act are disposed of via the question of consideration. 
  Section 426(b)(2) establishes as a threshold premise for cognizability 
  of a point of order under Secs. 425 or 426(a) the specification of 
  precise legislative language that is alleged to constitute a federal 
  mandate. On May 23, 1996, the House voted to consider an amendment 
  notwithstanding a point of order raised under Sec. 425. 104-2, p ____.



[[Page 197]]

 
                            CALENDAR WEDNESDAY

  Sec.  1. In General; Forms
  Sec.  2. Business Considered on Calendar Wednesday
  Sec.  3. -- In Committee of the Whole
  Sec.  4. Privilege and Precedence of Calendar Wednesday Business
  Sec.  5. The Call of Committees
  Sec.  6. Calling Up Calendar Wednesday Business; Authorization
  Sec.  7. The Question of Consideration
  Sec.  8. Consideration and Debate
  Sec.  9. -- Use of Additional or Subsequent Wednesdays
  Sec. 10. Unfinished Business; Effect of Previous Question
  Sec. 11. Dispensing With Calendar Wednesday
        Research References
          7 Cannon Secs. 881-971
          Deschler Ch 21 Sec. 4
          Manual Sec. 897


  Sec. 1 . In General; Forms

      Under the Calendar Wednesday rule, Wednesdays are set apart for 
  the consideration, pursuant to a call of committees, of unprivileged 
  bills on the House and Union Calendars. Rule XXIV clause 7, first 
  adopted in 1909. Today, the Calendar Wednesday procedure is utilized 
  infrequently due to its cumbersome operation and to the fact that 
  nonprivileged bills may be considered more effectively pursuant to 
  other procedures, such as a special order from the Committee on Rules, 
  suspension of the rules, or unanimous consent. Deschler Ch 21 Sec. 4. 
  Where the Rules Committee has declined to report a special order 
  providing for the consideration of a bill, it may be taken up pursuant 
  to the Calendar Wednesday rule.
      The Calendar Wednesday rule may be dispensed with by a two-thirds 
  vote (Sec. 11, infra), and does not apply during the last two weeks of 
  a session. Manual Sec. 897.

                                   Forms

      Speaker: Today is Calendar Wednesday, and the Clerk will call the 
    roll of committees.
      Member (when his committee is called): Mr. Speaker, by direction 
    of the Committee on __________, I call up the bill H.R. ______.


[[Page 198]]



      Note: Calendar Wednesday business may be called up only on formal 
  authorization by the committee. A Member without such authorization 
  may not call up the bill if objection is made. Sec. 6, infra.

      Speaker: This bill is on the House Calendar. The Clerk will report 
    the bill.
      [or, if the bill is on the Union Calendar . . .]
      Speaker: This bill is on the Union Calendar, and under the rule 
    the House automatically resolves itself into the Committee of the 
    Whole House on the state of the Union, with the gentleman from 
    ______, Mr. ______, in the Chair.
      Chairman: The House is in the Committee of the Whole House on the 
    state of the Union for the [further] consideration of the bill H.R. 
    ______, which the Clerk will report [by title].

      Note: When first called up, the bill is read in full unless 
  reading is dispensed with by unanimous consent. If consideration is 
  extended beyond the day, it is read by title when called up on 
  subsequent days.

      Chairman: Under the rule general debate is limited to two hours, 
    and the Chair will recognize the gentleman from ______, Mr. ______ 
    [usually the chairman of the committee], for the hour in favor of 
    the bill and later the gentleman from ______, Mr. ______ [usually 
    the ranking minority member of the committee], for the hour in 
    opposition. The gentleman from ______, is recognized.


  Sec. 2 . Business Considered on Calendar Wednesday

      Committees called under the Calendar Wednesday rule may call up 
  for consideration any unprivileged bill on either the House or Union 
  Calendar (Manual Sec. 897) but not from the Private Calendar (Deschler 
  Ch 21 Sec. 4). There is no priority as between bills on the House or 
  Union Calendar on such days, and a committee may bring up bills from 
  either calendar at will. 7 Cannon Secs. 938, 963.
      The Calendar Wednesday procedure applies only to bills reported 
  from committee, and not to amendments between the Houses or unreported 
  bills. 98-2, June 28, 1984, p 19770. Another limitation of the rule is 
  that it applies only to nonprivileged public bills. Deschler Ch 21 
  Sec. 4. A privileged bill cannot be called up under the Calendar 
  Wednesday rule (7 Cannon Secs. 932-935), except by unanimous consent 
  (98-2, Jan. 25, 1984, p 357). Such a bill is ineligible for 
  consideration under the Calendar Wednesday rule whether it is reported 
  from the floor or delivered to the Clerk. 7 Cannon Sec. 936.
      The purpose of the Calendar Wednesday rule (Manual Sec. 897) is to 
  preserve that day for the class of legislation specified by the rule--
  namely nonprivileged bills. Committee reports on bills may be filed on 
  Calendar

[[Page 199]]

  Wednesday but they may not be called up for consideration or other 
  action on such days. 7 Cannon Sec. 907.
      When Calendar Wednesday business is being considered under the 
  rule, it is not in order:

     To move a change of reference (7 Cannon Secs. 884, 2117).
     To call up a conference report (7 Cannon Secs. 899-901).
     To offer a motion for recess (Manual Sec. 897).
     To call up a privileged bill (7 Cannon Secs. 932-934), even 
         though given privileged status by special order (7 Cannon 
         Sec. 935).
     To call up a private bill (Deschler Ch 21 Sec. 4.10).
     To consider business coming over from Tuesday with the 
         previous question ordered (7 Cannon Sec. 890).
     To call up a resolution of inquiry (7 Cannon Sec. 898) or to 
         move to discharge a committee from the consideration of such a 
         resolution (7 Cannon Secs. 896, 897).

      When a bill otherwise unprivileged is given a privileged status by 
  unanimous-consent agreement or by special order, it is automatically 
  rendered ineligible for consideration under the Calendar Wednesday 
  procedure. 7 Cannon Secs. 932-935.
      On Calendar Wednesdays, the Speaker ordinarily declines to 
  entertain unanimous-consent requests not connected with Calendar 
  Wednesday business. 7 Cannon Secs. 882-888. However, the House may by 
  unanimous consent, prior to the call of committees on Calendar 
  Wednesday, permit a one-minute speech (98-2, Mar. 21, 1984, pp 6187, 
  6188), allow a bill to be sent to a House-Senate conference (98-2, 
  Mar. 28, 1984, pp 6869, 6873), or permit consideration of a resolution 
  electing a committee chairman (98-2, Jan. 25, 1984, pp 357, 358).


  Sec. 3 . -- In Committee of the Whole

      When a bill on the Union Calendar is called up on Calendar 
  Wednesday, the House automatically resolves into the Committee of the 
  Whole without motion from the floor. 7 Cannon Secs. 939-942. When such 
  a bill comes up as the unfinished business on the next Calendar 
  Wednesday when the same committee can be recognized, the House 
  automatically resolves into the Committee of the Whole immediately 
  without waiting for the call (7 Cannon Secs. 940, 942; Deschler Ch 21 
  Sec. 4.26), and debate is resumed from the point at which it was 
  discontinued on the previous Wednesday (7 Cannon Sec. 966).
      On rejection by the House of a recommendation by the Committee of 
  the Whole for peremptory disposition of a bill under consideration on 
  Cal-

[[Page 200]]

  endar Wednesday, the House automatically resolves into the Committee 
  of the Whole for its further consideration. 7 Cannon Sec. 943.
      Resolving into the Committee generally, see Committees of the 
  Whole.


  Sec. 4 . Privilege and Precedence of Calendar Wednesday Business

      No business is in order on Calendar Wednesdays except the call of 
  committees unless the call has been dispensed with as provided for by 
  the controlling rule--Rule XXIV clause 7. Manual Sec. 897. See also 7 
  Cannon Sec. 881. Calendar Wednesday business is privileged matter 
  which may interrupt the daily order of business as specified in Rule 
  XXIV clause 1. Manual Sec. 880. It takes precedence over other 
  business privileged under the rules; however, questions involving the 
  privileges of the House and veto messages privileged under the 
  Constitution take precedence over Calendar Wednesday business. 
  Deschler Ch 21 Secs. 4.3-4.8. Calendar Wednesday business also yields 
  to questions of privilege (7 Cannon Secs. 908-911) and the 
  administration of the oath to Members (6 Cannon Sec. 22). And when the 
  call of committees is completed on Calendar Wednesday, business 
  otherwise in order may be called up on that day. 7 Cannon Sec. 921. 
  See also 103-1, Mar. 31, 1993, p ____.

      The call of committees on Calendar Wednesday has precedence over:

     The consideration of conference reports (7 Cannon Secs. 899-
         901).
     Business provided for by special order unless the special 
         order expressly specifies Wednesday and was passed by two-
         thirds vote (7 Cannon Sec. 773). See also Sec. 11, infra.
     The motion to go into Committee of the Whole to consider 
         revenue and appropriation bills (7 Cannon Sec. 904).
     Business on which the previous question is operating and 
         undisposed of at adjournment on the preceding day (7 Cannon 
         Sec. 890).
     Motions for change of reference to committees (7 Cannon 
         Secs. 883, 884).
     Privileged resolutions of inquiry (7 Cannon Sec. 896).
     Contested election cases (7 Cannon Sec. 903).
     Motions to reconsider (7 Cannon Sec. 905).
     Certain procedural propositions relating to impeachment (7 
         Cannon Sec. 902).
     Budget messages from the President (7 Cannon Sec. 914).
     Senate bills privileged because of similarity to a bill on the 
         House Calendar (7 Cannon Sec. 906).
     Unanimous-consent requests generally (7 Cannon Secs. 882-888).

      Motions to reconsider may be entered but not considered (7 Cannon 
  Sec. 905), and privileged reports may be presented for printing but 
  without the right to call up for immediate consideration (7 Cannon 
  Sec. 907).

[[Page 201]]

  Sec. 5 . The Call of Committees

      Committees are called seriatim in the order in which they appear 
  in House Rule X (see 7 Cannon Secs. 922, 923), the call being limited 
  to those committees which have been elected (7 Cannon Sec. 925). 
  Select committees with legislative jurisdiction are called after 
  standing committees. Deschler Ch 21 Sec. 4. When a committee is 
  reached during a Calendar Wednesday call of committees, it is 
  ordinarily not in order to ask recognition for any purpose other than 
  to call up a bill for consideration. 6 Cannon Sec. 754.
      During a call of committees under the rule, a committee may not 
  yield or exchange its order of rotation (7 Cannon Sec. 927), and any 
  committee declining to proceed with consideration of a bill when 
  called on Wednesday loses that opportunity until again called in 
  regular order (7 Cannon Sec. 926).


  Sec. 6 . Calling Up Calendar Wednesday Business; Authorization

                                 Generally

      The Calendar Wednesday rule permits committees to call up 
  nonprivileged bills from either the House Calendar or the Union 
  Calendar (Manual Sec. 897), provided that there has been compliance 
  with other rules of the House requiring that the measure and the 
  report thereon be available for three days prior to consideration 
  (Manual Sec. 715). 98-2, May 2, 1984, p 10732; 98-2, Sept. 12, 1984, p 
  25100.
      Calendar Wednesday business may be called up only on formal 
  authorization by the reporting committee. 7 Cannon Sec. 929. The House 
  rule (Manual Sec. 713a) requiring the chairman of each committee to 
  take necessary steps to bring reported measures to a vote is 
  sufficient authority for the chairman to call up a bill on Calendar 
  Wednesday (Deschler Ch 21 Sec. 4.16), but any other committee member 
  must obtain specific authorization of his committee to call up a 
  reported bill on Calendar Wednesday (4 Hinds Sec. 3128; 7 Cannon 
  Secs. 928, 929). See also 98-2, Feb. 1, 1984, p 1193. Committee 
  authorization to a committee member to ``use all parliamentary means 
  to bring the bill before the House'' is sufficient authorization to 
  the Member to call up the bill on Calendar Wednesday. 8 Cannon 
  Sec. 2217. Authority having been given to one Member to call up a 
  bill, another may not be recognized for that purpose if objection is 
  made. 7 Cannon Secs. 928, 929. Only the member authorized by the 
  committee reporting the bill may call up that bill on Calendar 
  Wednesday. Deschler Ch 21 Sec. 4.12. It is within the discretion of 
  the committee to determine which member to authorize to call up the 
  bill. Deschler Ch 21 Sec. 4.15.

[[Page 202]]

                                Withdrawal

      After a bill has been called up on Calendar Wednesday, it may be 
  withdrawn at any time before amendment. 7 Cannon Sec. 930.


  Sec. 7 . The Question of Consideration

      The question of consideration may be demanded on a bill called up 
  under the Calendar Wednesday rule. Deschler Ch 21 Sec. 4.18. The 
  question is properly raised after the Clerk has read the title of the 
  bill. Deschler Ch 21 Sec. 4.20. The question of consideration is 
  properly raised on a Union Calendar bill in the House before going 
  into Committee of the Whole. 7 Cannon Sec. 952. If the question is 
  decided in the affirmative, the House automatically resolves itself 
  into the Committee of the Whole for the consideration of the bill. 
  Deschler Ch 21 Sec. 4.20.
      The refusal of the House to consider a bill called up under the 
  Calendar Wednesday rule does not preclude the bill's being brought up 
  under another procedure, such as pursuant to a rule from the Committee 
  on Rules. Deschler Ch 21 Sec. 4.19.
      It is not in order to reconsider the vote whereby the House has 
  declined to consider a proposition under the Calendar Wednesday rule. 
  Deschler Ch 21 Sec. 4.25.


  Sec. 8 . Consideration and Debate

                               In the House

      The hour rule for debate applies to House Calendar bills called up 
  in the House on Calendar Wednesday as on other days, and the Member in 
  charge of the bill may move the previous question at any time after 
  debate begins. 7 Cannon Secs. 955-957.

                         In Committee of the Whole

      The Calendar Wednesday rule allows not more than two hours general 
  debate on any measure called up on Calendar Wednesday, to be confined 
  to the subject and to be equally divided between those favoring and 
  those opposing. Manual Sec. 897. This provision has been construed as 
  applying only in the Committee of the Whole. 7 Cannon Sec. 955. The 
  two hours permitted by the rule may be reduced by the House by 
  unanimous consent to one hour. 98-2, Jan. 25, 1984, pp 357, 358. But 
  time allotted for debate under the rule may not be extended in the 
  Committee of the Whole even by unanimous consent. 7 Cannon Sec. 959. 
  When a bill previously debated is called up for the first time on 
  Calendar Wednesday, consideration may proceed in the

[[Page 203]]

  Committee of the Whole as if there had been no previous debate. 7 
  Cannon Sec. 954.
      In recognizing Members to control the time in opposition to the 
  bill, the Chair recognizes minority members of the committee reporting 
  the bill in the order of their seniority on the committee. Deschler Ch 
  21 Sec. 4.24. They are entitled to prior recognition to oppose it, but 
  if no member of the committee rises to oppose it, any Member may be 
  recognized in opposition. 7 Cannon Secs. 958, 959. The bill is read 
  for amendment at the conclusion of an hour in favor of the bill when 
  no one rises for an hour in opposition. 7 Cannon Secs. 960, 961.

                                Amendments

      In the Committee of the Whole, amendments may not be offered until 
  the close of the two hours' debate, when the bill is taken up under 
  the five-minute rule and read by section for amendment. See 7 Cannon 
  Sec. 960. Committee amendments are considered first as each section is 
  reached. When the reading of the bill under the five-minute rule has 
  been completed, the Committee rises and reports to the House. See 
  Committees of the Whole.


  Sec. 9 . -- Use of Additional or Subsequent Wednesdays

      In its original form the Calendar Wednesday rule was largely 
  ineffective because it permitted extended consideration of bills by a 
  single committee so as to monopolize each Wednesday for many weeks to 
  the exclusion of other committees, sometimes consuming each Wednesday 
  during an entire session. This defect was remedied by the adoption in 
  1916 of a proviso to the rule which prohibited committees from 
  occupying more than one Wednesday in succession to the exclusion of 
  other committees. 7 Cannon Sec. 881. Today, a committee called under 
  the Calendar Wednesday rule is not entitled to a second Wednesday to 
  complete its business on a bill until the other committees have been 
  called, unless the previous question is operating at adjournment. 8 
  Cannon Sec. 2680. But the House may by two-thirds vote authorize 
  completion on a subsequent Wednesday of an unfinished bill. See Manual 
  Sec. 897. See also 7 Cannon Sec. 946 and 8 Cannon Sec. 2680.
      The motion to grant a committee an additional Wednesday under the 
  second proviso of the Calendar Wednesday rule is in order in the House 
  prior to the Wednesday on which the committees are again called. 7 
  Cannon Sec. 946. The motion is not in order in the Committee of the 
  Whole. See Manual Sec. 897.
      Any portion of a day is considered an entire day in the 
  apportionment of Calendar Wednesdays to committees. 7 Cannon Sec. 945.

[[Page 204]]

  Sec. 10 . Unfinished Business; Effect of Previous Question

      Where the previous question has been ordered on a bill on Calendar 
  Wednesday, and the House adjourns, the bill becomes the unfinished 
  business on the next legislative day. 8 Cannon Secs. 895, 967; 
  Deschler Ch 21 Secs. 4.17, 4.28. Where a quorum fails on ordering the 
  previous question on a bill under consideration on a Calendar 
  Wednesday, and the House adjourns, the vote goes over until the next 
  Calendar Wednesday available to the committee reporting the bill. 
  Deschler Ch 21 Sec. 4.29.
      When the House adjourns on Tuesday without voting on a proposition 
  on which the previous question has been ordered, the question does not 
  come up on Wednesday but on Thursday. 7 Cannon Secs. 890-894. In one 
  instance, a bill on which the previous question had been ordered at 
  adjournment on Wednesday was taken up as the unfinished business on 
  Thursday and took precedence of a motion to go into the Committee of 
  the Whole for the consideration of a bill privileged by special order. 
  8 Cannon Sec. 2674.
      It is not in order on a regular legislative day to move to 
  postpone consideration of a pending measure to a Calendar Wednesday. 8 
  Cannon Sec. 2614. A bill postponed from a Wednesday to a subsequent 
  Wednesday becomes unfinished business to be considered when the 
  committee calling it up is called again in its turn. 7 Cannon 
  Sec. 970.


  Sec. 11 . Dispensing With Calendar Wednesday

                                 Generally

      Calendar Wednesday business may be dispensed with by unanimous 
  consent, normally pursuant to a request made by the Majority Leader 
  during the previous week; but such a request may be entertained at any 
  time prior to the beginning of the call. See Deschler Ch 21 
  Secs. 4.40-4.42. Calendar Wednesday business may also be dispensed 
  with pursuant to motion under the Calendar Wednesday rule. Rule XXIV 
  clause 7. The motion is privileged and precedes District of Columbia 
  business under Rule XXIV clause 8. Deschler Ch 21 Sec. 4.33. Any 
  Member may propose the motion at any time on Wednesday. 7 Cannon 
  Sec. 915; Deschler Ch 21 Sec. 4.31. The motion may also be made and 
  considered on any preceding day. 7 Cannon Sec. 916; Deschler Ch 21 
  Sec. 4.30. Debate on the motion is limited to 10 minutes, to be 
  divided, five minutes in favor of the motion and five minutes in 
  opposition. 97-2, Sept. 21, 1982, pp 24403, 24404. A two-thirds vote 
  of the Members present is required for its adoption. Manual Sec. 897. 
  The motion may not be laid on the table. Deschler Ch 21 Sec. 4.36.

[[Page 205]]

      In recognizing a Member for the five minutes in opposition to a 
  motion to dispense with business under the Calendar Wednesday rule, 
  the Speaker extends preference to a member of the committee having the 
  call. Deschler Ch 21 Sec. 4.35.
      If there are no bills on the calendar eligible for consideration 
  under the Wednesday call of committees, a motion to dispense with the 
  business in order on that day is not required. 7 Cannon Secs. 918-920.

                              By Special Rule

      A special rule that provides merely that a particular bill shall 
  be in order for consideration upon adoption of the special rule, or 
  from day-to-day until disposed of, does not dispense with Calendar 
  Wednesday. 7 Cannon Secs. 773, 789. Indeed, the House rules 
  specifically preclude the Committee on Rules from reporting a special 
  rule dispensing with Calendar Wednesday business by less than a two-
  thirds vote. Manual Sec. 729a. However, the Committee on Rules may 
  report a special rule permitting the Speaker to entertain motions to 
  suspend the rules, which could ultimately lead to the suspension of 
  the Calendar Wednesday rule. 8 Cannon Sec. 2267.



[[Page 207]]

 
                                 CALENDARS

  Sec. 1. In General; Kinds of Calendars
  Sec. 2. Referrals to Calendars
  Sec. 3. -- Erroneous Referrals
  Sec. 4. Discharge From Calendars
  Sec. 5. The Corrections Calendar
        Research References
          4 Hinds Secs. 3115-3118
          7 Cannon Secs. 881-1023
          7 Deschler Ch 22 Secs. 1, 2
          Manual Secs. 742-747

  Sec. 1 . In General; Kinds of Calendars

      The House under its rules maintains various calendars to 
  facilitate the scheduling and consideration of its legislative 
  business. See Rule XIII. These include:

     The House Calendar. This calendar receives referrals of public 
         bills that do not raise revenue or directly or indirectly make 
         or require an appropriation of money or property. Manual 
         Sec. 742.
     The Union Calendar. Measures belonging on the Union Calendar 
         are those on subjects which fall within the jurisdiction of the 
         Committee of the Whole. Deschler Ch 22 Sec. 2. Subjects which 
         must be considered in the Committee of the Whole are specified 
         in Rule XXIII clause 3. Bills appropriating money or property 
         are referred to the Union Calendar (Manual Sec. 742). The same 
         is true of bills authorizing an undertaking by a governmental 
         agency which will incur an expense to the government, however 
         small. 8 Cannon Sec. 2401.
     The Private Calendar (to which are referred bills of a private 
         character). See Private Calendar.
     The Corrections Calendar (Sec. 5, infra).
     The Discharge Calendar (to which are referred motions to 
         discharge committees). Manual Sec. 747. See Discharging 
         Measures From Committees.

      These calendars--the Discharge Calendar excepted--consist 
  primarily of lists of measures on which committee action has been 
  completed and which are ready for floor action. They are printed daily 
  and appear in Calendars of the United States House of Representatives.

[[Page 208]]

      Calendar Wednesday is not strictly speaking a legislative 
  calendar. The term refers to the procedure for the call of committees 
  on Wednesday for the consideration of unprivileged bills on the House 
  and Union Calendars. See Calendar Wednesday.


  Sec. 2 . Referrals to Calendars

                        Measures Reported Favorably

      Bills that are favorably reported from a committee are referred to 
  the appropriate calendar under the direction of the Speaker unless 
  referred to other committees under clause 5 of Rule X. Manual 
  Sec. 743. Public bills favorably reported are first referred either to 
  the Union Calendar or to the House Calendar and those that are not 
  required to be referred to the former are referred to the latter. 
  Deschler Ch 22 Sec. 2.
      The reference of a bill to a particular calendar is governed by 
  the text of the bill as referred to committee, and amendments reported 
  by a committee are not considered in making this determination. 8 
  Cannon Sec. 2392. Amendments to private bills, see Bills.

                       Measures Reported Unfavorably

      Bills that are adversely reported from committee are not referred 
  to a calendar unless a request to that effect is made by the committee 
  or a Member. Deschler Ch 22 Sec. 1.1. Under the applicable House rule, 
  Members have three days in which to request such a referral. Manual 
  Sec. 744. Precedents indicate that adversely reported resolutions also 
  may be referred to a calendar by the Speaker when a timely request is 
  made by a Member pursuant to this rule. 93-2, May 30, 1974, p 16865. 
  Absent such a request, an adversely reported measure is laid on the 
  table. Manual Sec. 744. Thereafter, it may be taken from the table and 
  placed on the calendar only by unanimous consent. 6 Cannon Sec. 750.
      Privileged measures are excepted from the general rule that only 
  favorably reported bills are referred to a calendar. Adverse reports 
  on privileged resolutions (including resolutions of inquiry) are 
  automatically referred to the proper calendar by the Speaker. 94-2, 
  Sept. 8, 1976, p 29274.

                       Measures Reported Improperly

      A bill that has been improperly reported from a committee is not 
  entitled to a place on the calendar, and should be recommitted. 4 
  Hinds Sec. 3117.

[[Page 209]]

  Sec. 3 . -- Erroneous Referrals

      A bill that is on the wrong calendar is subject to a point of 
  order when it is called up for consideration. 6 Cannon Secs. 746, 747. 
  Such a point of order is untimely if made after consideration of the 
  measure has begun. 7 Cannon Sec. 856.
      An error in the referral of a bill to a calendar may be corrected 
  pursuant to motion. Such a motion presents a question of the privilege 
  of the House. 3 Hinds Secs. 2614, 2615. But a mere clerical error in 
  the calendar, such as an incorrect date, does not give rise to such a 
  question. 3 Hinds Sec. 2616.
      The Speaker has general authority to correct an erroneous 
  reference by him of a reported bill to a calendar, and to transfer the 
  bill to the proper calendar. 7 Cannon Sec. 859; 95-1, Sept. 8, 1977, p 
  28273; 101-2, Sept. 10, 1990, p ____. Thus, a private bill erroneously 
  referred to the Union Calendar may be transferred to the Private 
  Calendar by direction of the Speaker. 98-2, Apr. 26, 1984, p 10242. 
  The transfer of the bill to the proper calendar may be made effective 
  as of the date of the original reference. Deschler Ch 22 Sec. 1.2; 98-
  2, Apr. 26, 1984, p 10242. The Speaker may correct such a reference at 
  any time before consideration of the bill begins and while the 
  question of consideration is pending. 6 Cannon Sec. 748.
      The authority of the Speaker to correct a calendar reference does 
  not apply where the reference was made by the House itself. 6 Cannon 
  Sec. 749.


  Sec. 4 . Discharge From Calendars

      Although the Speaker has no specific authority under the House 
  rules to remove a reported bill from the Union Calendar, he may 
  discharge such a bill for reference to another committee pursuant to 
  his general responsibility under Rule X clause 5 to fashion sequential 
  referrals where appropriate. 95-2, Apr. 27, 1978, p 11742; 99-2, June 
  19, 1986, p 14741. Authority is also given in the Budget Act 
  [Sec. 401(b)] for the Speaker to discharge a reported bill from the 
  Union Calendar and make a 15-day referral to the Committee on 
  Appropriations of reported bills providing certain new entitlement 
  authority. 95-1, Sept. 8, 1977, p 28153. This authority has sometimes 
  been rendered inoperative under other Budget Act enforcement 
  provisions. See Manual Sec. 1007.


  Sec. 5 . The Corrections Calendar

      In 1995, the House abolished the Consent Calendar and replaced it 
  with the Corrections Calendar. Under new clause 4 of Rule XIII, bills 
  favorably reported from committee and on the House or Union Calendar 
  are also eligi-

[[Page 210]]

  ble for placement on the Corrections Calendar. Placement on the 
  calendar is by direction of the Speaker in his discretion (after 
  consultation with the Minority Leader). H. Res. 161, June 14, 1995.
      Bills that have been on the calendar for three legislative days 
  may be called up for consideration in the House on the second and 
  fourth Tuesdays of each month. Such bills are debatable for one hour 
  but are not subject to amendment unless offered by the committee of 
  primary jurisdiction or its chairman or his designee. Bills called up 
  under this procedure require a three-fifths vote for passage. Manual 
  Sec. 746.



[[Page 211]]

 
                       CHAMBER, ROOMS, AND GALLERIES

   Sec. 1. In General; Use of the Hall
   Sec. 2. Admission to the Floor
   Sec. 3. Electronic Devices; Signals, Bells, and Clocks
   Sec. 4. Galleries and Corridors
   Sec. 5. Photographs; Radio and Television Coverage
        Research References
          5 Hinds Secs. 7270-7311
          8 Cannon Secs. 3632, 3636-3643
          1 Deschler Ch 4
          Manual Secs. 918-922


  Sec. 1 . In General; Use of the Hall

      The Hall of the House and unappropriated rooms in the House are 
  under the general control of the Speaker. Rule I clause 3. Manual 
  Sec. 623. Control of the appropriated rooms in the House wing is 
  exercised by the House itself. 5 Hinds Secs. 7273-7279. Resolutions 
  assigning a room to a committee have been considered as privileged. 5 
  Hinds Sec. 7273.
      By House rule (Manual Sec. 918), the Hall may be used only for the 
  legislative business of the House, caucus meetings of its Members, and 
  ceremonies in which the House votes to participate. 5 Hinds Sec. 7270. 
  In rare instances, the House has permitted the Hall to be used for 
  ceremonial or special occasions. See 8 Cannon Sec. 3682; Deschler Ch 4 
  Secs. 3.1, 3.4. Members may not entertain guests in the Hall. Deschler 
  Ch 4 Sec. 3.2. Admission to the Hall, see Sec. 2, infra.
      Disorderly or disruptive acts in the Capitol are unlawful, and 
  unauthorized demonstrations are prohibited by law. 40 USC 
  Sec. 193f(b)(4). And the unauthorized presence of persons on the floor 
  of either House or in the gallery of either House is prohibited. 40 
  USC Sec. 193f(b)(1), (2). Admission to the galleries, see Sec. 4, 
  infra. Disorder in the House, see Consideration and Debate.


  Sec. 2 . Admission to the Floor

                                 Generally

      The House rules (Rule XXXII) enumerate those persons entitled to 
  be admitted to the floor or rooms leading thereto. Manual Secs. 919-
  921b. Among those who may be admitted to the Hall are the President 
  and Vice President,

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  Judges of the Supreme Court, Members-elect, governors of states, and 
  other named officials. Manual Sec. 919.
      The rule is strictly enforced during regular meetings, less so on 
  ceremonial occasions (Deschler Ch 4 Sec. 4) or when the House is in 
  recess during a joint meeting with the Senate (91-2, Feb. 24, 1970, p 
  4546). The Speaker sometimes announces guidelines for enforcement 
  during a recess. During a regular meeting, a point of order will lie 
  to object to the presence of any unauthorized persons (92-2, June 21, 
  1972, p 21704). Motions or unanimous-consent requests to suspend the 
  rule may not be entertained by the Speaker (Rule XXXII clause 1; 92-2, 
  June 8, 1972, p 20318) or by the Chairman of the Committee of the 
  Whole (5 Hinds Sec. 7285).
      The rule governing admissions to the floor permits the presence of 
  heads of departments and foreign ministers. Manual Sec. 919. ``Heads 
  of departments'' has been interpreted to mean members of the 
  President's Cabinet, and ``foreign ministers'' is construed to mean 
  the representatives of foreign governments duly accredited to the 
  United States. 5 Hinds Sec. 7283.
      Persons who have been held entitled to admission to the floor 
  include Senators, although not for the purpose of addressing the House 
  (Deschler Ch 4 Sec. 4.8), and challengers in election contests, even 
  though they were not candidates in the election in which the sitting 
  Members were elected (Deschler Ch 4 Sec. 4.5). Floor privileges may be 
  claimed for one attorney for a Member-respondent during consideration 
  of a disciplinary resolution reported from the Committee on Standards 
  of Official Conduct. Manual Sec. 919.
      The Speaker has the authority to exclude an individual who abuses 
  the privileges of the floor. 5 Hinds Sec. 7288. An alleged abuse of 
  the privilege of the floor may be made the subject of an inquiry by a 
  special committee. 5 Hinds Sec. 7287.

                          Staff; Committee Clerks

      By House rule, a Member with an amendment under consideration may 
  be joined on the floor by one person from his staff. This rule also 
  permits the presence of clerks of committees when business from their 
  committee is under consideration. Rule XXXII clause 1. Manual 
  Sec. 919.
      This rule has been interpreted by the Speaker to allow the 
  presence on the floor of four professional staff members and one clerk 
  from a committee during consideration of that committee's business 
  (92-2, June 8, 1972, p 20318) and to require that such individuals 
  remain unobtrusively by the committee tables (97-2, Aug. 18, 1982, p 
  21934). The privileges of the floor do not extend to departmental 
  employees assisting committees in the preparation of bills. 6 Cannon 
  Sec. 579. Where several committees are involved in a pending measure, 
  the rule permits authorized majority and minority staff

[[Page 213]]

  (up to five persons) from each committee. 97-1, June 26, 1981, p 
  14574. Floor clerks other than those employed by a committee involved 
  in the bill under consideration are not entitled to the floor. 
  Deschler Ch 4 Sec. 4. The Speaker has announced his intention to 
  strictly enforce the rule to prevent a proliferation of committee 
  staff on the floor. 93-2, Aug. 22, 1974, p 30027; 97-1, Jan. 19, 1981, 
  p 402; 98-1, Jan. 25, 1983, p 224.
      Staff permitted on the floor under the rule are not permitted to 
  pass out literature or otherwise attempt to influence Members in their 
  votes. (101-2, Aug. 1, 1990, p ____), nor to applaud during debate 
  (104-1, June 15, 1995, p ____).

      Effect of Personal or Pecuniary Interest in Pending Legislation

      Although former Members, officers, and certain former employees 
  have access to the floor under the rule (Manual Sec. 919), such an 
  individual is not entitled to the privileges of the floor if he (1) 
  has a direct personal or pecuniary interest in legislation under 
  consideration in the House or reported by any committee, or (2) 
  represents any party or organization for the purpose of influencing 
  the disposition of legislation pending before the House or reported by 
  a committee or under consideration in a committee. Manual Sec. 921a. 
  See also 95-2, June 7, 1978, p 16625. For regulations issued by the 
  Speaker under this rule, see 95-1, Jan. 6, 1977, p 321; announcement 
  of Speaker Foley, 103-2, June 9, 1994, p ____; announcement of Speaker 
  Gingrich, 104-1, May 24, 1995, p ____..

                              Secret Sessions

      Before a secret session of the House commences, the Speaker may 
  direct that the chamber be cleared of all persons except Members and 
  those officers and employees specified by the Speaker whose attendance 
  on the floor is essential to the functioning of the session. 96-1, 
  June 20, 1979, p 15711. A point of order will not lie against the 
  presence in the chamber of those persons whose attendance on the floor 
  is permitted by the Speaker's directive. 96-1, July 17, 1979, p 19050. 
  See also Consideration and Debate.


  Sec. 3 . Electronic Devices; Signals, Bells, and Clocks

      Various electronic devices and computer services are used by the 
  House under the modern practice to expedite quorum calls, votes, and 
  for other purposes. Manual Sec. 765a. Resolutions relating thereto are 
  within the jurisdiction of the Committee on House Oversight (formerly 
  House Administration) and are called up as privileged. See 92-1, Nov. 
  9, 1971, p 40015.

[[Page 214]]

      The use of personal electronic office equipment (including 
  cellular phones and computers) on the floor of the House is prohibited 
  by rules adopted in 1995. Rule XIV clause 7.
      A legislative bell and light system alerts Members to quorum 
  calls, the taking of certain votes, and other occurrences on the 
  floor. Manual Sec. 765. Changes in the system are announced by the 
  Speaker from time to time. The failure of the signal bells to announce 
  a vote does not warrant repetition of the roll call (8 Cannon 
  Secs. 3153-3511), nor does such a failure permit a Member to be 
  recorded following the conclusion of the call (75-3, June 9, 1938, p 
  8662).
      Microphones have been placed on the floor of the House for the use 
  of Members. A Member making an appropriate request should use one of 
  the floor microphones so that all Members may hear it. 94-1, Oct. 28, 
  1975, p 34027. By the same token, the House rules (Rule I clause 2) 
  direct the Speaker to preserve order and decorum in the House, and he 
  is authorized to order the microphones turned off if being utilized by 
  a Member who has not been properly recognized and who is disorderly. 
  100-2, Mar. 16, 1988, pp 4079 et seq.
      Where there is a discrepancy in the time shown on the clocks in 
  the House chamber, the Chair relies on the clock on the north wall in 
  deciding when time has expired. 88-2, Feb. 10, 1964, p 2724.


  Sec. 4 . Galleries and Corridors

      Control over the corridors leading to the House chamber is vested 
  in the Speaker. Manual Secs. 622, 623. The Speaker may order the 
  corridors cleared during quorum calls and the taking of votes to 
  ensure unimpeded access to the chamber. 96-1, Jan. 15, 1979, p 19. The 
  Speaker preserves order and decorum in the galleries, and in the event 
  of a disturbance, he may order the galleries cleared. Manual Sec. 622. 
  The Chairman of the Committee of the Whole may exercise similar power 
  in preserving order in the galleries. Manual Sec. 861a.
      Guests in the House gallery must maintain order and refrain from 
  manifestations of approval or disapproval of proceedings on the floor, 
  and admonitions may be expressed either by the Speaker (89-2, July 25, 
  1966, p 16837; 92-2, Jan. 18, 1972, p 8) or by the Chairman of the 
  Committee of the Whole (91-2, May 6, 1970, p 14449). It is also out of 
  order under the rules of the House to refer to visitors in the 
  galleries, even with permission to proceed out of order (Deschler Ch 4 
  Sec. 5.4), and the Speaker, on his own initiative, may declare such 
  remarks to be out of order (Deschler Ch 4 Sec. 5.3).

[[Page 215]]

  Sec. 5 . Photographs; Radio and Television Coverage

                                Photographs

      Under the practice of the House, permission must be obtained 
  before photographs may be taken inside the House chamber. Deschler Ch 
  4 Sec. 3.5. Official photographs of the House while in session may be 
  permitted by resolution. 88-2, Feb. 20, 1964, p 3224; 94-1, July 14, 
  1975, p 22575. Ground rules regarding the taking of such pictures may 
  be enforced by the Speaker. 91-1, Jan. 6, 1969, p 145.

                    Media Coverage of Floor Proceedings

      Prior to the 95th Congress, the rules and precedents of the House 
  did not permit public radio and television broadcasts of House 
  proceedings. In 1977, the House adopted a privileged resolution 
  reported from the Committee on Rules to provide a system of closed-
  circuit viewing of House proceedings and for the orderly development 
  of a broadcasting system. 95-1, Oct. 27, 1977, p 35425. The 96th 
  Congress adopted a rule authorizing and directing audio and visual 
  broadcasting and recording of the proceedings of the House. Rule I 
  clause 9. Under this rule, broadcasts are made over closed-circuit 
  television in House offices, and have been made available to the news 
  media and to cable television systems. Broadcasts made available under 
  the rule may not be used for political purposes, and the use thereof 
  for commercial purposes is restricted. Manual Sec. 934c.
      In 1984, a question arose as to the authority of the Speaker to 
  require wide-angle television coverage of the House chamber during 
  special-order speeches. In this instance, the Speaker's directive that 
  television cameras covering special-order speeches of the House at the 
  completion of legislative business include periodic wide-angle 
  coverage of the entire House chamber was held to be consistent with 
  the authority conferred upon the Speaker under clause 9 of Rule I to 
  devise and implement complete and unedited audio and visual coverage 
  of the proceedings of the House. 98-2, May 10, 1984, p 11898. More 
  recently, the Speaker has followed a policy under which television 
  cameras would not ``pan'' the chamber during morning hour or special-
  order speeches. 103-2, Feb. 11, 1994, p ____; 104-1, Jan. 4, 1995, p 
  ____.
      Although clause 9(b)(1) of Rule I requires complete and unedited 
  broadcast coverage of the proceedings of the House, it does not 
  require in-House microphone amplification of disorderly conduct by a 
  Member following expiration of his recognition for debate. 100-2, Mar. 
  16, 1988, pp 4079 et seq.



[[Page 217]]

 
                                COMMITTEES

              A. Generally; Establishing Committees

  Sec.  1.  The Committee System; Standing, Select, and Joint Committees
  Sec.  2.  Establishing Committees
  Sec.  3.  Committee Expenses; Funding

              B. Chairmen, Members, and Staff; Elections and 
                 Appointments

  Sec.  4.  In General; Membership and Seniority
  Sec.  5.  Numerical Composition of Committees; Party Ratios
  Sec.  6.  The Chairman's Role
  Sec.  7.  Committee Employees and Staff

              C. Committee Functions; Jurisdiction and Authority

  Sec.  8.  Legislative Jurisdiction
  Sec.  9.  Oversight Jurisdiction
  Sec. 10.  Investigative Jurisdiction and Authority
  Sec. 11.  Standing Committees
  Sec. 12.  Select Committees
  Sec. 13.  -- Particular Uses of Select Committees
  Sec. 14.  Joint Committees

              D. Procedure in Committees

  Sec. 15.  Committee Rules; Applicable House Rules
  Sec. 16.  Records, Files, and Transcripts; Disclosure and Disposition; 
  Member Access
  Sec. 17.  Meetings
  Sec. 18.  -- Consideration and Debate; Voting
  Sec. 19.  Hearings
  Sec. 20.  -- Hearings as Open or Closed
  Sec. 21.  Quorum Requirements
  Sec. 22.  -- In Ordering a Report to the House
  Sec. 23.  --  -- Points of Order
  Sec. 24.  Witnesses
  Sec. 25.  -- Rights or Privileges of Witnesses
  Sec. 26.  -- Proceedings Against Recalcitrant Witnesses

[[Page 218]]

  Sec. 27.  Media Coverage of Hearings and Meetings

              E. Committee Reports

  Sec. 28.  In General
  Sec. 29.  Form and Contents of Report; Inflationary Impact Statements, 
  Cost Estimates, and Oversight Findings
  Sec. 30.  Comparative Prints; The Ramseyer Rule
  Sec. 31.  Printing; Referral to Calendars
  Sec. 32.  Supplemental, Minority, and Additional Views
  Sec. 33.  Filing Reports
  Sec. 34.  Calling Up; Time to Report
  Sec. 35.  ``Layover'' Requirements
  Sec. 36.  Points of Order Relating to Reports
        Research References
          4 Hinds Secs. 4019-4703
          7 Cannon Secs. 1721-2317
          4 Deschler Ch 17
          Manual Secs. 669-738

                   A. Generally; Establishing Committees


  Sec. 1 . The Committee System; Standing, Select, and Joint Committees

                          The Role of Committees

      The committees of the House play a dominant role at every stage of 
  the legislative process. The committee system is involved in this 
  process from the time of the initial referral of a bill to the 
  preparation of its final draft at a House-Senate conference. As a 
  general rule, all proposed legislative measures are referred to 
  committees before receiving consideration in the House itself. Manual 
  Sec. 446. A committee may approve a measure, report it with or without 
  amendments, rewrite it entirely, report adversely, refuse to consider 
  it, or fail to report the measure at all. (As to discharge procedures, 
  see Discharging Measures From Committees).
      The role of the committee does not terminate with the reporting of 
  the bill to the House. When a bill reaches the floor, members of the 
  committee reporting it are entitled to prior recognition for the 
  purpose of offering

[[Page 219]]

  amendments (see Amendments), and general debate is generally under the 
  control of its chairman and ranking minority member. See Consideration 
  and Debate. Finally, members of the reporting committee are often 
  appointed by the Speaker to serve on the conference committee to 
  resolve differences as to the final form of the bill. See Conferences 
  Between the Houses.
      The committee system is as old as the House itself, having been 
  patterned after the English House of Commons, the colonial assemblies, 
  and the Continental Congress. Although during its first quarter 
  century the House relied primarily upon select committees and the 
  Committee of the Whole, the first standing committee dates from 1789. 
  As the 19th century advanced, select committees were converted into 
  standing committees, which grew in number until by 1905 there were no 
  less than 61 of them. Various consolidations, culminating with the 
  adoption of new Rule X in 1995, reduced the number to 19. See H. Res. 
  6, Jan. 4, 1995.

           Standing, Select, and Joint Committees Distinguished

      House committees are of three distinct types: (1) standing 
  committees, whose members are elected by the House, (2) select 
  committees [also called special committees], whose members are 
  appointed by the Speaker, and (3) joint committees, whose members are 
  chosen according to the provisions of the statute or resolution 
  creating them. There are variations on these three categories which 
  are discussed in later sections.
      Standing committees (created in the standing rules) routinely 
  receive bills and other measures within their jurisdiction upon 
  referral from the Speaker. (Referral to committees, see Introduction 
  and Reference of Bills.) Select committees are separately established 
  to consider a particular matter or subject, and may or may not have 
  legislative jurisdiction. See Sec. 12, infra. Joint committees take up 
  matters of concern to both Houses. See Sec. 14, infra.
      Select committees are distinguishable from standing committees in 
  that, unless permanently established by the House, they expire when 
  they report finally (4 Hinds Secs. 4403-4405), whereas standing 
  committees are not discharged from consideration of a subject within 
  their jurisdiction by reason of having reported thereon. 8 Cannon 
  Sec. 2311.

                   Committee of the Whole Distinguished

      The Committee of the Whole has been described as but a committee 
  of the House (4 Hinds Sec. 4706), although it is not a committee in 
  the customary sense. The Committee of the Whole, unlike regular 
  committees, does not have a fixed membership. All Members of the House 
  may attend and

[[Page 220]]

  participate in its deliberations under special rules designed to 
  encourage wide-ranging debate and to expedite legislation. The 
  Committee of the Whole itself has no power to authorize or appoint a 
  committee. 4 Hinds Sec. 4710. Because of its unique role in the 
  procedures of the House, the Committee of the Whole is taken up in a 
  separate article of this work. See Committees of the Whole.

                    Conference Committees Distinguished

      Conference committees are used primarily to resolve differences 
  between the House and Senate on measures that have passed the two 
  Houses, and are likewise treated elsewhere. See Conferences Between 
  the Houses.

                               Subcommittees

      Standing committees have subcommittees which study legislation, 
  hold hearings, and make reports. Such reports are made to the full 
  committee. Subcommittees have no power to report directly to the 
  House, absent specific authority to do so, and are subject to the 
  control of the full committee. Manual Sec. 703a.

                                Commissions

      Commissions are analogous to select committees in that they are 
  established to study a particular problem; but a commission is 
  distinguishable from a select committee in that its membership may 
  include private citizens, Members of the House and Senate, and 
  representatives from other branches of government. See, for example, 
  H. Res. 1368, 94-2, creating the Commission on Administrative Review.

                          Duration of Committees

      The committees of the House remain in existence only during the 
  two-year term of the particular Congress which created them. The 
  standing committees of the House are usually reconstituted when one 
  Congress succeeds another, but all House committees spring into 
  existence only after a new House has adopted rules or resolutions 
  specifically creating them anew. Deschler Ch 17 Sec. 1.2 (note).
      Select committees expire with the term of the Congress in which 
  they were created (Deschler Ch 17 Sec. 1), or at such earlier date as 
  may be specified in the resolution creating them (Deschler Ch 17 
  Sec. 5.5). Unless permanently established, a select committee ceases 
  to exist when it finally reports in full on the subject committed to 
  it (4 Hinds Sec. 4403), but may be revived by action of the House in 
  referring a new matter to it (4 Hinds Secs. 4404,

[[Page 221]]

  4405). A select committee that expires in one Congress may be 
  reconstituted in the next. Deschler Ch 17 Sec. 5.5.
      Joint committees established by statute remain in existence beyond 
  the Congress in which they were created unless otherwise provided, 
  although the members thereof must be chosen anew in each Congress. 
  Deschler Ch 17 Sec. 1.


  Sec. 2 . Establishing Committees

                            Standing Committees

      Standing committees are ordinarily established with the adoption 
  of the standing rules on opening day for a Congress or subsequently 
  pursuant to a simple resolution reported from the Committee on Rules 
  (Deschler Ch 17 Sec. 2.1), usually by way of amendment to the House 
  rules. Deschler Ch 17 Secs. 2.2, 2.3. Adopting rules of a new 
  Congress, see Assembly of Congress.
      A resolution establishing a new committee during a Congress is 
  called up as privileged and is debatable under the hour rule in the 
  House. Deschler Ch 17 Sec. 2.1. Resolutions from the Committee on 
  Rules are also used to change the name or authority of a standing 
  committee (Deschler Ch 17 Sec. 2.4), or to abolish a committee and 
  transfer its jurisdiction and records to another existing committee 
  (Deschler Ch 17 Sec. 2.5) or to a new committee (Deschler Ch 17 
  Sec. 2.6).

                             Select Committees

      Select committees are likewise established by a resolution 
  reported from the Committee on Rules. Deschler Ch 17 Secs. 5.3, 5.5. 
  In one unusual instance, however, a select committee was created 
  pursuant to a floor amendment (offered to the Committee Reform 
  Amendments of 1974). 93-2, H. Res. 988, Jan. 3, 1975.
      A resolution creating a select committee may specify the 
  jurisdiction and powers of the committee (Deschler Ch 17 Sec. 5.2) and 
  may place it under the authority of a standing committee. Deschler Ch 
  17 Sec. 5.3.
      A resolution creating a select committee is reported and called up 
  as privileged, since the Rules Committee may report at any time on 
  rules (Manual Sec. 726), and the creation of such a committee is 
  deemed the equivalent of a new rule. Deschler Ch 17 Sec. 5.1. If such 
  a resolution is not reported by the Committee on Rules, it is not 
  privileged, and unanimous consent is necessary to permit its 
  consideration. 95-1, Jan. 4, 1977, p 72. The Rules Committee itself 
  may not report such a resolution as privileged if it contains

[[Page 222]]

  provisions outside the jurisdiction of the committee. See Deschler Ch 
  17 Sec. 1.1 (note).

                         Special Ad Hoc Committees

      Under the earlier practice of the House, special committees to 
  consider a particular matter could be established by way of a motion 
  or other proposition to refer. 4 Hinds Secs. 4401, 4402; 5 Hinds 
  Secs. 6633, 6634. Thus the House could refer a message of the 
  President to a special committee to be appointed by the Speaker, and 
  at the same time instruct the committee and specify the number of 
  members to be appointed. 5 Hinds Sec. 6633. It was held in this regard 
  that the House need not refer to a special committee already in 
  existence, but could refer to one to be subsequently appointed. 5 
  Hinds Sec. 6634. On occasion an ad hoc select committee has been 
  established by a resolution called up as a question of privileges of 
  the House. 102-2, Apr. 9, 1992, p ____.
      Under the modern practice, special ad hoc committees are 
  established pursuant to Rule X clause 5(c), adopted in 1975. Under 
  this rule, the Speaker was given authority to refer a matter to a 
  special ad hoc committee appointed by him to consider that matter and 
  report thereon to the House. The appointment must be made with the 
  approval of the House from the members of the committees having 
  legislative jurisdiction. Manual Sec. 700. Pursuant to this authority, 
  the Speaker may with the approval of the House appoint a special ad 
  hoc committee to consider a particular measure (94-1, Apr. 22, 1975, p 
  11261), or a particular bill and similar subsequent bills (95-1, Jan. 
  11, 1977, p 894). A resolution authorizing the Speaker to take such 
  action is privileged when offered from the floor at the Speaker's 
  request. 94-2, Jan. 26, 1976, p 876; 95-1, Jan. 11, 1977, pp 894-898; 
  95-1, Apr. 21, 1977, pp 11550-56.

                             Joint Committees

      Joint committees are created pursuant to the passage of a bill or 
  the adoption of a resolution. Deschler Ch 17 Sec. 7. A bill is 
  commonly used where the creation of the committee is merely one part 
  of a comprehensive legislative plan. Joint resolutions are used where 
  the sole purpose of the measure is to create the committee and vest it 
  with jurisdiction. 6 Cannon Sec. 371; Deschler Ch 17 Secs. 7.4, 7.5. A 
  concurrent resolution may be used for this purpose (4 Hinds 
  Secs. 4409, 4410; 6 Cannon Sec. 380; Deschler Ch 17 Secs. 7.1, 7.2), 
  but any joint committee created by concurrent resolution must expire 
  (unless reconstituted) with the Congress in which it was created. See 
  4 Hinds Sec. 4409.

[[Page 223]]

      A resolution establishing a joint committee, if reported by the 
  Committee on Rules, is called up as privileged by that committee. 
  Deschler Ch 17 Sec. 7.1. But such a resolution may not be reported as 
  privileged if it contains an authorization for appropriations. 
  Deschler Ch 17 Sec. 7.5. Debate on the resolution is under the hour 
  rule. Deschler Ch 17 Sec. 7.1.

                                Commissions

      Commissions are ordinarily created by statute. See, for example, 
  the Citizens' Commission on Public Service and Salaries (2 USC 
  Sec. 351). The Commission on Administrative Review, created in the 
  94th Congress, was established by a House resolution. 94-2, July 1, 
  1976, p ____.


  Sec. 3 . Committee Expenses; Funding

      Authorization for the payment of committee expenses for a 
  particular Congress is obtained pursuant to ``one primary expense 
  resolution'' for each committee (the Appropriations Committee 
  excepted). Rule XI clause 5. Manual Sec. 732a. The request for such 
  authorization is made to the Committee on House Oversight, which has 
  jurisdiction over such expenditures. Rule X clause 1(h). The primary 
  expense resolution is reported to the House by the committee with an 
  accompanying report containing information as to the anticipated 
  activities of the committee in question. Beginning in the 104th 
  Congress, biennial funding was instituted (Rule XI clause 5(a); Manual 
  Sec. 732cc).
      Authorization for the payment of additional committee expenses not 
  covered by the primary expense resolution may be obtained pursuant to 
  one or more additional resolutions--called supplemental expense 
  resolutions. Rule XI clause 5(b).
      The primary and supplemental expense resolutions which are used 
  under the rules to provide funds for a single committee are subject to 
  a one-calendar-day layover requirement. Rule XI clause 5.
      Funds for the Committee on Appropriations are appropriated 
  pursuant to statute (31 USC Sec. 22a).

[[Page 224]]

        B. Chairmen, Members, and Staff; Elections and Appointments


  Sec. 4 . In General; Membership and Seniority

               Standing and Select Committees Distinguished

      Until 1911, the members and the chairmen of the standing and 
  select committees of the House were generally appointed by the 
  Speaker, although in rare instances a committee chose its own 
  chairman. See 4 Hinds Secs. 4524 et seq. Since 1911, standing 
  committee chairmen and members have been elected by the House. The 
  election takes place after the majority and minority party caucuses 
  have perfected their lists and presented separate election resolutions 
  for approval. 4 Hinds Sec. 4513; 8 Cannon Sec. 2201; Manual Sec. 317. 
  The Speaker has retained the authority--based on longstanding 
  tradition and formally vested in him by the House rules in 1880--to 
  appoint select committees. Manual Secs. 701e, 701g.
      Under the modern practice, the election of members and chairmen to 
  standing committees is actually a three-step procedure. First, 
  committee assignments are prepared by a selection committee--sometimes 
  called a committee on committees--of each party caucus. Second, the 
  recommendations of the selection committee are approved by the caucus, 
  which may vote by secret ballot. Third, the nominations of the 
  caucuses are subsequently brought before the House as privileged 
  resolutions. Rule X clause 6(a)(1); Manual Sec. 701a.

                             Electing Chairman

      Pursuant to nominations submitted by the majority party caucus, 
  one member of each standing committee is elected as its chairman at 
  the commencement of each Congress. Manual Sec. 701c. Beginning with 
  the 104th Congress, a Member's service as chairman is limited to three 
  consecutive Congresses. Rule X clause 6(c). Nominations for chairmen 
  are submitted to the House for its approval in the election 
  resolution. Deschler Ch 17 Sec. 8.1. Such a resolution is called up as 
  privileged by the chairman of the selection committee designated to 
  recommend committee assignments (Deschler Ch 17 Sec. 8.2) or, more 
  recently, by the chairman of the majority party caucus (Deschler Ch 17 
  Sec. 8.7 (note)), usually as part of a resolution electing all 
  majority members to those committees.
      In the event of a permanent vacancy in the chairmanship, the House 
  elects a successor (Manual Sec. 701c) pursuant to privileged 
  resolution. This procedure is followed when a vacancy is created on a 
  standing committee by the death of its chairman (Deschler Ch 17 
  Sec. 8.3) or after a chairman has

[[Page 225]]

  resigned (Deschler Ch 17 Secs. 8.5, 8.6). In the temporary absence of 
  the chairman, the member next in rank in order named in the election 
  of the committee acts as chairman. Manual Sec. 701c.
      Where the chairman is disabled and unable to carry out the 
  responsibilities of the Chair, the House may, in the election 
  resolution, provide for a delegation of powers and duties to a vice 
  chairman until further ordered by the House. H. Res. 43, 102-1.

                            Election of Members

      Resolutions electing Members to standing committees have 
  traditionally been offered from the floor (8 Cannon Sec. 2171) and 
  called up as privileged at the direction of the party organization. 8 
  Cannon Secs. 2179, 2182; 97-1, Jan. 28, 1981, pp 1140, 1142. Each 
  party's resolution, if adopted, elects en bloc those members from that 
  particular party to the various standing committees. Deschler Ch 17 
  Sec. 9.1. Such a resolution is not divisible. Manual Sec. 791. But it 
  is debatable and subject to amendment (8 Cannon Sec. 2172) until such 
  time as the previous question is ordered (8 Cannon Sec. 2174).
      Beginning in the 104th Congress, no Member may serve 
  simultaneously as a member of more than two standing committees or 
  four subcommittees unless approved by the House. Rule X clause 
  6(b)(2).

                                 Seniority

      Committee seniority is shown by the order in which the Members' 
  names are listed in the election resolution. Deschler Ch 17 Sec. 11.1. 
  A resolution electing a Member to a committee may include the 
  designation of his rank on the committee (Deschler Ch 17 Sec. 9.6), 
  and may be made retroactively effective as of a prior date. (Deschler 
  Ch 17 Sec. 9.16.)


  Sec. 5 . Numerical Composition of Committees; Party Ratios

                              Committee Size

      Today, the only standing committee of the House that is limited as 
  to its size by the standing rules is the Committee on the Budget. Rule 
  X clause 1(e). Under the modern practice, the sizes of other 
  committees of the House (Standards Committee excepted) are negotiated 
  by the Majority and Minority Party Leaders at the direction of their 
  respective party organizations. Deschler Ch 17 Sec. 9. The size of 
  each committee is ultimately determined by the number of Members 
  elected to each committee pursuant to Rule X clause 6(a). The size of 
  the Committee on Standards is set by law at 7-7. See Sec. 803(b) of 
  the Ethics Reform Act of 1989, Pub. L. No. 101-194, Manual Sec. 698.

[[Page 226]]

                               Party Ratios

      Party ratios on committees are derived from the allocation of 
  majority party and minority party representation on those committees. 
  Such ratios are normally determined through negotiations between the 
  majority and minority party leadership. Historically, the party ratios 
  on most standing committees has tended to reflect the relative 
  membership of the two parties in the House as a whole. Deschler Ch 17 
  Sec. 9.4. Sometimes, however, the membership of a committee is equally 
  divided between the majority and minority parties where bipartisan 
  deliberations are considered essential. See, for example, Rule X 
  clause 6(a), requiring that one-half of the members of the Committee 
  on Standards of Official Conduct be from the majority party and one-
  half from the minority party.
      Disproportionate party ratios on committees may also be traced to 
  the rules of the party caucus. Deschler Ch 3 Sec. 9. Moreover, some 
  House committees, such as the Rules Committee, have traditionally 
  reflected disproportionate ratios in favor of the majority party. See, 
  for example, 8 Cannon Sec. 2184.


  Sec. 6 . The Chairman's Role

      The powers and duties of the committee chairmen are derived from 
  custom and from the rules of the House. The chairman of a committee:

     Presides over committee meetings. Manual Sec. 317.
     May administer oaths to witnesses in hearings in the 
         committee. Manual Sec. 718; 2 USC Sec. 191. (In one instance, 
         the chairman of an investigating committee administered the 
         oath to himself and testified. 3 Hinds Sec. 1821.)
     May punish breaches of order and decorum by censure and 
         exclusion from investigative hearings. Manual Sec. 712.
     May authorize and issue subpenas when the power to do so has 
         been delegated to him by the committee. Manual Sec. 718.
     Fixes, within certain guidelines, the salaries of staff. 
         Manual Sec. 735.
     Submits reports of his committee to the House, even though he 
         may not have concurred therein. 4 Hinds Secs. 4670, 4671. 
         However, a committee may order its report to be made by some 
         other member (4 Hinds Sec. 4669) or even by a member of the 
         minority party (4 Hinds Secs. 4672, 4673).
     Submits privileged reports to the House from the floor. Manual 
         Sec. 418.

[[Page 227]]

     Is in charge of the pending bill in the House and is entitled 
         at all stages to prior recognition for allowable motions 
         intended to expedite it (2 Hinds Secs. 1452, 1457; 6 Cannon 
         Secs. 296, 300), unless he is opposed to the bill, in which 
         case he must yield prior recognition to a member of his 
         committee who favors the bill (2 Hinds Sec. 1449).
     Is entitled to prior recognition when Senate amendments to the 
         bill are debated. 2 Hinds Sec. 1452.


  Sec. 7 . Committee Employees and Staff

      The employment of committee staff is governed by the House rules 
  (Manual Secs. 733a et seq.) and by statute (see, for example, 5 USC 
  Secs. 5315, 5316, setting permissible rates of staff pay).
      The House rules place a limit on the number of professional staff 
  members which may be appointed to a standing committee (the Committee 
  on Appropriations excepted), and on the number of professional staff 
  members which may be selected by the minority. Manual Secs. 733a-734b.
      The Appropriations Committee is subject to a separate rule 
  permitting the appointment, in addition to a clerk and assistants for 
  the minority, of such staff as are determined by majority vote to be 
  necessary. Rule XI clause 6(d).


            C. Committee Functions; Jurisdiction and Authority


  Sec. 8 . Legislative Jurisdiction

                   Generally; Referrals and Rereferrals

      The legislative jurisdiction of each standing committee is 
  specified and defined by Rule X. Manual Secs. 669-691. Areas of 
  legislative interest have been divided under Rule X into distinct 
  subject-matter classifications, with jurisdiction over each being 
  allocated to a standing committee. The Speaker refers bills and other 
  matters to committees pursuant to the jurisdiction of each committee 
  as defined by Rule X, taking into account any relevant precedents. A 
  bill may be referred to more than one committee where its text 
  involves subject matter assigned to different committees. Manual 
  Sec. 700. Beginning in the 104th Congress, the Speaker is required to 
  indicate a primary committee of jurisdiction. Rule X clause 5(c); 
  Manual Sec. 700. Referrals generally, see Introduction and Reference 
  of Bills.
      The rule of the House which specifies and defines the jurisdiction 
  of each standing committee is said to be mandatory on the Speaker in 
  referring public bills and on the Members in referring private bills. 
  Manual Sec. 669. But when the House itself refers a bill, it may send 
  it to any committee

[[Page 228]]

  without regard to the rules of jurisdiction (4 Hinds Sec. 4375; 5 
  Hinds Sec. 5527; 7 Cannon Sec. 2131), and jurisdiction is thereby 
  conferred (4 Hinds Secs. 4362-4364; 7 Cannon Sec. 2105).
      The committees are the creatures of the House and exercise no 
  authority or jurisdiction beyond that specifically conferred by the 
  rules or by special authorization of the House itself. 7 Cannon 
  Sec. 780. However, the House may confer jurisdiction on a committee by 
  the adoption of a special order from the Committee on Rules. 7 Cannon 
  Sec. 780. And a bill may be originated by a committee which has been 
  given jurisdiction to do so by order or rule of the House. 4 Hinds 
  Sec. 3365. Jurisdictional authority, in addition to that specified in 
  Rule X, may be vested in a committee pursuant to:

     A resolution enlarging the jurisdiction of a committee (91-2, 
         July 8, 1970, p 32136), or authorizing it to study and report 
         on a particular matter (3 Hinds Sec. 1753; 86-2, Apr. 21, 1960, 
         p 8546).
     A change in the rules of the House by adoption of a resolution 
         from the Committee on Rules. 91-2, July 8, 1970, p 32136.
     A motion to rerefer or recommit.

      The erroneous reference of a public bill, if it remains 
  uncorrected, gives jurisdiction (4 Hinds Secs. 4365-4371; 7 Cannon 
  Sec. 2108), but such is not the case with respect to a private bill (4 
  Hinds Secs. 3364, 4382-4389) unless the reference is made by action of 
  the House itself (4 Hinds Secs. 4390, 4391; 7 Cannon Sec. 2131).

                            Informal Agreements

      Questions relating to the jurisdiction over a subject by two or 
  more committees are sometimes resolved pursuant to an informal 
  agreement or a memoranda of understanding between the committees 
  involved. Typically, the legislative initiative is assumed by the 
  committee having the primary concern over the subject, with the 
  understanding that the other committee(s) involved will have an 
  opportunity to consider that portion of the legislation within its 
  cognizance. 91-1, June 18, 1969, p 16301. (See also 96-2, Mar. 25, 
  1980, pp 6405, 6406, 6408-10, where a memoranda of understanding--on 
  energy measures--was entered into by the chairmen and members of six 
  different committees.) Pursuant to such an agreement, a committee may 
  waive its claim to review a particular bill with the understanding 
  that it will not constitute a permanent surrender of jurisdiction over 
  the matter. 86-1, Aug. 14, 1959, p 15895; 88-1, July 15, 1963, p 
  12525.

                              Points of Order

      The Speaker's referral of a bill is not subject to a point of 
  order. In a committee, points of order based on the lack of 
  jurisdiction of a committee

[[Page 229]]

  over a particular measure must be timely raised. Once a committee has 
  reported a bill and it has been placed on the appropriate calendar, a 
  point of order that the bill was improperly referred comes too late. 
  Deschler Ch 17 Sec. 26; Manual Sec. 854. Likewise, a point of order 
  against specific language of a paragraph in a bill, on the grounds 
  that its subject is within the jurisdiction of another committee, does 
  not lie once the bill has been reported. Deschler Ch 17 Sec. 27.9. 
  That point of order would lie in committee during a markup if that 
  portion of the bill is read for amendment. Where a reported bill is 
  under consideration in Committee of the Whole, questions relating to 
  the jurisdiction of the reporting committee may not then be 
  considered. 4 Hinds Sec. 4372.
      The Speaker may decline to speculate as to what committee will 
  have jurisdiction over a particular bill until it has been examined. 
  Deschler Ch 17 Sec. 27.2.


  Sec. 9 . Oversight Jurisdiction

                                 Generally

      The oversight function of the House arises from its duty to 
  exercise continuous watchfulness over the administration and execution 
  of the laws by the departments and agencies of the federal government. 
  Legislative oversight as a continuing function was given to all 
  standing committees by the Legislative Reorganization Act of 1946 (60 
  Stat. 812), which provided that each standing committee ``shall 
  exercise continuous watchfulness'' over administrative agencies, and 
  by the Legislative Reorganization Act of 1970 (84 Stat. 1140), which 
  required periodic reports by committees on their oversight activities. 
  The general requirement (Rule X clause 2) that House standing 
  committees exercise oversight functions was made part of the House 
  rules in 1971 (H. Res. 5, Jan. 22, 1971).

                General and Special Oversight Distinguished

      The House rules impose both general and special oversight 
  responsibilities on its standing committees. General legislative 
  oversight is performed by all standing committees (except for Budget). 
  Manual Sec. 692a. Special oversight functions are given to certain 
  standing committees. Manual Sec. 693.

           Role of Committee on Government Reform and Oversight

      The Committee on Government Reform and Oversight is directed by 
  House rule to review and study, on a continuing basis, the operation 
  of government activities at all levels with a view to determining 
  their economy and efficiency. Manual Sec. 692b. This committee, 
  previously named the Committee on Government Operations, is the 
  investigative committee of the

[[Page 230]]

  House with respect to general oversight of the federal government. The 
  committee can investigate matters within the jurisdiction of other 
  standing committees.


  Sec. 10 . Investigative Jurisdiction and Authority

                            Standing Committees

      Prior to 1975, it was the practice of the House to authorize 
  committee investigations pursuant to the adoption of resolutions 
  reported from the Committee on Rules. With certain exceptions, each 
  committee had to obtain such authorization in each Congress. Deschler 
  Ch 15 Sec. 1. Today, each standing committee is authorized, under the 
  standing rules of the House, to conduct such investigations as it 
  considers necessary or appropriate in carrying out the jurisdictional 
  responsibilities given to it under Rule X. Manual Sec. 703b. And in 
  carrying out its duties, each committee and subcommittee is authorized 
  by Rule XI to hold hearings and to subpena witnesses or compel the 
  production of documents. Manual Sec. 718. As to the issuance and 
  enforcement of subpenas, see Sec. 24, infra.

                        Select or Joint Committees

      Although, as noted above, standing committees and their 
  subcommittees have general authority under the rules of the House to 
  conduct investigations on subjects within their jurisdiction under 
  Rule X, a select or joint committee must be given specific authority 
  to undertake an investigation. Such authority may be given pursuant 
  to:

     A statute conferring investigative powers (see, for example, 
         26 USC Sec. 8022, conferring investigative duties on the Joint 
         Committee on Internal Revenue Taxation).
     A joint or concurrent resolution (see 79-1, Jan. 18, 1945, H. 
         Con. Res. 18, and 90-2, July 12, 1968, H.J. Res. 1, 
         establishing a joint committee to investigate crime).
     A standing rule of the House. (See, for example, Rule XLVIII 
         clause 7(d), Manual Sec. 944a, relating to the investigative 
         authority of the Select Committee on Intelligence).
     A resolution creating an investigatory committee. (See, e.g., 
         the Select Committee on Assassinations, 94-2, Sept. 17, 1976.

                            Scope; Limitations

      The investigative power that is exercised by the House through its 
  committees is inherent in the power to make laws. Watkins v United 
  States, 354 US 178 (1957). ``A legislative body cannot legislate 
  wisely or effectively,'' it is reasoned, ``in the absence of 
  information respecting the conditions

[[Page 231]]

  which the legislation is intended to affect or change.'' McGrain 
  Daugherty, 273 US 135 (1927). Eastland v United States Servicemen's 
  Fund, 421 US 491 (1975).
      This investigative power is very broad, encompassing inquiries 
  concerning the administration of existing laws as well as the need for 
  proposed legislation. It extends to studies of social, economic, or 
  political problems, as well as probes into departmental corruption, 
  inefficiency, or waste at the federal level. Watkins v United States, 
  354 US 178 (1957). Although broad, this power of investigation is not 
  unlimited. It may be exercised only in aid of the ``legislative 
  function.'' Kilbourn v Thompson, 103 US 168 (1881). It is said that 
  Congress has no ``general'' power to inquire into private affairs, and 
  that the subject of inquiry must be one ``on which legislation could 
  be had.'' McGrain v Daugherty, 273 US 135 (1927).
      Since 1952, the courts have declined to presume the existence of a 
  legislative purpose, and have narrowly construed resolutions granting 
  authority to committees to conduct investigations. United States v 
  Rumely, 345 US 41 (1952). The investigative power cannot be used to 
  expose merely for the sake of exposure, nor to inquire into matters 
  which are within the exclusive province of one of the other branches 
  of government or which are reserved to the states. Deschler Ch 15 
  Sec. 1.
      A further requirement for the validity of a committee 
  investigation is that it must have been expressly or impliedly 
  authorized in accordance with congressional procedures. Deschler Ch 15 
  Sec. 1. Thus, the courts have refused to convict a witness for 
  contempt arising out of a subcommittee investigation where that 
  inquiry had not been approved by a majority of the parent committee, 
  as was required by the committee rule. Gojack v United States, 384 US 
  702 (1966).
      The courts will not look to the motives which may have prompted a 
  congressional investigation (Watkins v United States, 354 US 178 
  [1957]) nor will it question the wisdom of the investigation or its 
  methodology. Doe v McMillan, 412 US 306 (1973). The very nature of the 
  investigative function is such that it may take the searchers up some 
  ``blind alleys'' and into nonproductive enterprises. To be a valid 
  legislative inquiry, there need be no predictable end result. Eastland 
  v United States Servicemen's Fund, 421 US 491 (1975).

                    Obstructing Committee Investigation

      A federal statute provides criminal penalties for those who 
  corruptly influence, obstruct, or impede ``due and proper'' 
  congressional inquiry. 18 USC Sec. 1505. Indictments under Sec. 1505 
  have been upheld despite contentions that the committee violated its 
  own rules and those of the House. U.S. v

[[Page 232]]

  Poindexter, D.D.C. 1989, 725 F Supp 13. U.S. v Mitchell, C.A. 4 (Md.) 
  1989, 877 F2d 294.


  Sec. 11 . Standing Committees

      Standing committees were not used extensively during the earliest 
  Congresses. It was the general practice of the House to refer matters 
  to a Committee of the Whole to develop the primary objectives of a 
  proposal, and then to commit such matters to select committees to 
  draft specific bills.
      With the beginning of the 19th century, standing committees began 
  to proliferate. By mid-century, the House had 34 standing committees 
  and by 1900 it had 58. Still more standing committees were added 
  during the early 1900's, but in the 1920's the House consolidated 
  numerous committees and again vested in the Committee on 
  Appropriations jurisdiction over all general appropriation bills. 7 
  Cannon Sec. 1741. Further reductions in the number of committees in 
  the House were made by the Legislative Reorganization Act of 1946 (60 
  Stat. 812), referred to hereinafter as simply ``60 Stat. 812.'' By 
  dropping relatively inactive committees and by merging those with 
  similar functions and jurisdiction, the Act reduced the total number 
  of standing committees in the House from 44 to 19.
      In 1995, the House again reorganized its committee system, 
  abolishing three committees and altering the jurisdiction of several 
  others. H. Res. 6, Jan. 3, 1995. At that time the House also adopted a 
  rule requiring that, with certain exceptions, no standing committee 
  may have more than five subcommittees. Rule X clause 6(d).
      The standing committees of the House, with their antecedent 
  committees, are shown in the table below. This table provides 
  citations to relevant statutes or precedents and to the authority for 
  legislative jurisdiction and/or oversight functions, where applicable.
        

                    Standing Committees (104th Cong.)                   
            Jurisdiction, Oversight Function, and Antecedents           
------------------------------------------------------------------------
Standing Committees (104th Cong.)          Antecedent Committees        
------------------------------------------------------------------------
Agriculture                                                             
  Est. 1820; 4 Hinds Sec.  4149                                         
  Continued, 1947, 60 Stat. 812                                         
  Legislative jurisdiction,                                             
   Manual Sec.  670                                                     
  Oversight functions, Manual                                           
   Sec.  692b                                                           
                                                                        

[[Page 233]]

                                                                        
Appropriations                                                          
  Est. 1865; 4 Hinds Sec.  4032    Ways and Means (in part), 1802       
  Legislative jurisdiction,                                             
   Manual Sec.  671a                                                    
  Oversight functions, Manual                                           
   Sec.  692a                                                           
                                                                        
Banking and Financial Services                                          
  Est. 1995; H. Res. 6             Ways and Means (in part), 1802       
  Legislative jurisdiction,        Banking and Currency, 1865           
   Manual Sec.  672                                                     
  Oversight functions, Manual      Coinage, Weights and Measures, 1867  
   Sec.  692a                      Banking, Currency and Housing, 1974  
                                   Banking, Finance and Urban Affairs,  
                                    1977                                
                                                                        
Budget                                                                  
  Est. 1974; 88 Stat. 299                                               
  Legislative jurisdiction,                                             
   Manual Sec.  673a                                                    
  Oversight functions, Manual                                           
   Secs.  693, 695                                                      
                                                                        
Commerce                                                                
  Est. 1995; H. Res. 6             Commerce and Manufacturers, 1795     
  Legislative jurisdiction,        Coinage, Weights and Measures, 1867  
   Manual Sec.  674                                                     
  Oversight functions, Manual      Interstate and Foreign Commerce, 1892
   Secs.  692a, 693                Commerce and Health, 1975            
                                   Interstate and Foreign Commerce, 1975
                                   Energy and Commerce, 1980            
                                                                        
Economic and Educational                                                
 Opportunities                                                          
  Est. 1995; H. Res. 6             Education, 1867                      
  Legislative jurisdiction,        Labor, 1883                          
   Manual Sec.  675                                                     
  Oversight functions, Manual      Education and Labor, 1947            
   Secs.  692a, 693                                                     
                                                                        
Government Reform and Oversight                                         
  Est. 1995; H. Res. 6             Ways and Means, 1802                 
  Legislative jurisdiction,        District of Columbia, 1808           
   Manual Sec.  676                                                     

[[Page 234]]

                                                                        
  Oversight functions, Manual      Public Expenditures, 1814            
   Secs.  692a, 692b               State, Treasury, War, Navy, and Post 
                                    Office, 1816                        
                                   Justice, 1874                        
                                   Agriculture, 1889                    
                                   Commerce and Labor, 1905             
                                   Expenditures in the Executive        
                                    Departments, 1927                   
                                   Post Office and Civil Service, 1947  
                                   Government Operations, 1952          
                                                                        
House Oversight                                                         
  Est. 1995; H. Res. 6             Enrolled Bills, 1789                 
  Legislative jurisdiction,        Elections, 1794, 1895                
   Manual Sec.  677a               Accounts, 1805                       
  Oversight functions, Manual      Mileage, 1837                        
   Secs.  692a, 697a               Disposition of Executive Papers, 1889
                                   Ventilation and Acoustics, 1893      
                                   Memorials, 1929                      
                                   House Administration, 1947           
                                                                        
International Relations                                                 
  Est. 1995; H. Res. 6             Foreign Affairs, 1822, 1979          
  Legislative jurisdiction,        International Relations, 1975        
   Manual Sec.  678                                                     
  Oversight functions, Manual                                           
   Sec.  693                                                            
                                                                        
Judiciary                                                               
  Est. 1813; 4 Hinds Sec.  4054    Claims, 1794                         
  Continued, 1947, 60 Stat. 812    Patents, 1837                        
  Legislative jurisdiction,        Revision of the Laws, 1868           
   Manual Sec.  679a                                                    
  Oversight functions, Manual      War Claims, 1883                     
   Sec.  692a                      Immigration and Naturalization, 1893 
                                   Internal Security, 1969              
                                                                        
National Security                                                       
  Est. 1995; H. Res. 6             Military Affairs, 1822               
  Legislative jurisdiction,        Naval Affairs, 1822                  
   Manual Sec.  680                                                     
  Oversight functions, Manual      Militia, 1835                        
   Secs.  692a, 693                Armed Services, 1947                 
                                                                        
Resources                                                               
  Est. 1995; H. Res. 6             Public Lands, 1805                   

[[Page 235]]

                                                                        
  Legislative jurisdiction,        Private Land Claims, 1816            
   Manual Sec.  681                Indian Affairs, 1821                 
  Oversight functions, Manual      Territories, 1825                    
   Secs.  692a, 693                Mines and Mining, 1865               
                                   Irrigation of Arid Lands, 1893       
                                   Insular Affairs, 1899                
                                   Interior and Insular Affairs, 1951   
                                   Natural Resources, 1993              
                                                                        
Rules                                                                   
  Est. 1880; 4 Hinds Sec.  4321    Rules (select committee), 1789       
  Mandated by law, 1947, 60 Stat.                                       
   812                                                                  
  Legislative jurisdiction,                                             
   Manual Secs.  682a                                                   
  Oversight functions, Manual                                           
   Sec.  693                                                            
                                                                        
Science                                                                 
  Est. 1995; H. Res. 6             Merchant Marine and Fisheries, 1887  
  Legislative jurisdiction,        Astronautics and Space Exploration   
   Manual Sec.  683                                                     
  Oversight functions, Manual                                           
   Sec.  692a                                                           
                                     (select Committee), 1958           
Small Business                                                          
  Est. 1975; 93-2, H. Res. 988     Small Business (permanent select     
  Legislative jurisdiction,         committee), 1971                    
   Manual Sec.  684                                                     
  Oversight functions, Manual                                           
   Secs.  692a, 693                                                     
                                   Small Business (select committee),   
Standards of Official Conduct                                           
  Est. 1967; H. Res. 418           Standards and Conduct (select        
  Legislative jurisdiction,         committee), 1966                    
   Manual Sec.  685                                                     
  Oversight functions, Manual                                           
   Sec.  692a                                                           
                                                                        
Transportation and Infrastructure                                       
  Est. 1995; H. Res. 6             Public Buildings and Grounds, 1837   
  Legislative jurisdiction,        Mississippi Levies, 1875             
   Manual Sec.  686                                                     

[[Page 236]]

                                                                        
  Oversight functions, Manual      Rivers and Harbors, 1883             
   Sec.  692a                      Merchant Marine and Fisheries, 1887  
                                   Roads, 1913                          
                                   Flood Control, 1916                  
                                   Public Works and Transportation, 1975
                                                                        
Veterans' Affairs                                                       
  Est. 1947; 60 Stat. 812                                               
  Legislative jurisdiction,        Pensions and Revolutionary Claims    
   Manual Sec.  687                                                     
  Oversight functions, Manual        1813                               
   Sec.  692a                      Revolutionary Pensions, 1825         
                                   Invalid Pensions, 1831               
                                   World War Veterans' Legislation, 1924
                                                                        
Ways and Means                                                          
  Est. 1802; 4 Hinds Sec.  4020    Ways and Means (select committee),   
  Continued, 1947, 60 Stat. 812     1789                                
  Legislative jurisdiction,                                             
   Manual Sec.  688                                                     
  Oversight functions, Manual                                           
   Sec.  692a                                                           
------------------------------------------------------------------------

  Sec. 12 . Select Committees

                                 Generally

      Select committees were used extensively by the House during the 
  early Congresses. In the Jeffersonian era, it was a common practice to 
  refer each proposal to a select committee created to draft the 
  appropriate legislative language for the measure. Manual Sec. 401. By 
  the Third Congress, 350 select committees had been named. But as 
  standing committees came to be recognized as the most appropriate 
  forum for the development of legislation, the use of select committees 
  declined steadily. By the 23d Congress, the number of select 
  committees had been reduced to 35. By the 104th Congress, only the 
  Permanent Select Committee on Intelligence remained. See Rule XLVIII.
      Select committees identified as ``permanent'' are reconstituted in 
  each Congress on adoption of the rules of the House.
      Select committees have been created primarily: (1) to investigate 
  conditions or events; (2) to study and report on matters with a view 
  toward subsequent legislative action; (3) to report specific 
  legislative proposals to the

[[Page 237]]

  House; and (4) to supervise certain routine housekeeping functions. 
  Deschler Ch 17 Sec. 6. See also Guidelines for the Establishment of 
  Select Committees, Committee on Rules, 98-1, Feb. 1983.

                         Investigative Committees

      In the modern era of the House, select committees have been used 
  primarily to investigate and report on a particular subject. During 
  the 82d Congress, for example, a select committee was established to 
  explore the activities of tax-exempt foundations, and to determine 
  whether such foundations had been subsidizing un-American activities. 
  82-2, H. Res. 561. During the same Congress, a select committee was 
  appointed to investigate the circumstances surrounding the Katyn 
  Forest massacre of more than 15,000 Polish officers during World War 
  II. 92-1, H. Res. 390. More recently, select investigative committees 
  have inquired into the status of Americans missing in action in 
  Southeast Asia (94-1, H. Res. 335), into the assassinations of 
  President Kennedy and Dr. Martin Luther King, Jr. (94-2, H. Res. 1540; 
  95-1, H. Res. 222), and into covert arms transactions with Iran (100-
  1, H. Res. 12, Jan. 7, 1987).
      These precedents suggest that a select committee may be created 
  for purely investigative purposes. However, as is pointed out 
  elsewhere, all committee investigations must be undertaken in 
  furtherance of a constitutionally assigned function of Congress; the 
  congressional inquiry must be related to and in furtherance of a 
  legislative function of Congress. Deschler Ch 15 Sec. 1. Generally, 
  see Sec. 10, supra.

              Committees to Study and Report Recommendations

      Select committees have been established to study a particular 
  subject and report its recommendations as a basis for further action 
  by the House or by standing committees. For example, in recent years, 
  select committees have been established to study and report on export 
  controls (87-1, H. Res. 403), government research programs (88-1, H. 
  Res. 504), and on professional sports (92-2, H. Res. 1186). Although 
  without authority to report legislation, these committees have often 
  been directed to assess the adequacy of existing laws, and, if 
  necessary, to make legislative recommendations.

                   Committees With Legislative Authority

      Although most select committees have been authorized to make 
  legislative recommendations, few have been empowered, until recent 
  years, to report legislation directly to the House. Deschler Ch 17 
  Sec. 6. In 1955, a select committee was created to study and report on 
  the benefits provided to dependents of deceased and former members of 
  the armed services, and ``to

[[Page 238]]

  prepare such legislation as it may consider appropriate to carry out 
  such recommendations.'' 84-1, H. Res. 35. Similarly, in the 93d 
  Congress, the House established the Select Committee on Committees to 
  study the committee system of the House, and to report to the House 
  ``by bill, resolution, or otherwise.'' 93-1, H. Res. 132. In the 95th 
  Congress, a Select Committee on Ethics was created and authorized to 
  report certain measures. 95-1, H. Res. 383. The House has also 
  established a Permanent Select Committee on Intelligence with 
  legislative authority over the CIA and other intelligence agencies. 
  95-1, H. Res. 658.

                  Committees With Housekeeping Functions

      Select committees have been established to supervise certain 
  routine service functions of the House such as the Select Committee on 
  the House Beauty Shop (95-1, H. Res. 1000), the Select Committee on 
  the House Recording Studio (Pub. L. No. 84-624, 1956), the Select 
  Committee on the House Restaurant (95-1, H. Res. 472), and the Select 
  Committee to Regulate Parking on the House Side of the Capitol (95-1, 
  H. Res. 282).


  Sec. 13 . -- Particular Uses of Select Committees

      The House has established more than 20 select committees since 
  passage of the Legislative Reorganization Act of 1946. The table below 
  identifies some of these committees for purposes of illustration. The 
  table shows these committees by name (or paraphrase thereof), dates of 
  creation and termination, and authority, including legislative 
  authority. With the two exceptions noted--Campaign Expenditures and 
  Small Business--the table excludes those committees existing prior to 
  1947 which were subsequently reconstituted.
        

                            Select Committees                           
------------------------------------------------------------------------
                       Jurisdiction--Investigative          Reporting   
    Committee                   Authority                   Authority   
------------------------------------------------------------------------
Aging                                                                   
  Est. Jan. 3,     Problems of the older American;      To report       
   1975; 93-2, H.   income maintenance, housing, and     annually to the
   Res. 988         health; welfare programs             House; no      
  Termination:                                           legislative    
   Jan. 5, 1993                                          authority      
   (Manual Sec.                                                         
   702)                                                                 
                                                                        

[[Page 239]]

                                                                        
Astronautics and                                                        
 Space                                                                  
 Exploration                                                            
  Est. Mar. 25,    All aspects and problems relating    To report to the
   1958; 85-2, H.   to the exploration of outer space;   House, by bill 
   Res. 496         resources, personnel, equipment,     or otherwise   
  Termination:      and facilities; legislation                         
   July 21, 1958;                                                       
   became                                                               
   standing                                                             
   Committee on                                                         
   Science and                                                          
   Astronautics                                                         
                                                                        
Assassinations                                                          
  Est. Sept. 17,   Circumstances surrounding the death  To report to the
   1976; 94-2, H.   of John F. Kennedy and the death     House on the   
   Res. 1540        of Martin Luther King, Jr.           result of its  
  Termination:                                           investigation  
   Jan. 3, 1979                                          (see H. Rept.  
                                                         No. 95-1828);  
                                                         no legislative 
                                                         authority      
                                                                        
Campaign                                                                
 Expenditures                                                           
  Est. May 29,     Election disputes; electoral fraud;  Reporting       
   1928; 70-1, H.   excessive campaign expenditures of   authority      
   Res. 232         presidential and/or congressional    varied from    
  Termination:      candidates                           Congress to    
   Reconstituted                                         Congress       
   by each                                                              
   Congress until                                                       
   1973                                                                 
                                                                        
Chemicals,                                                              
 Pesticides, and                                                        
 Insecticides                                                           
 Affecting Foods                                                        
  Est. June 20,    Chemicals, compounds, and            To report to the
   1950; 81-2, H.   synthetics in the production of      House on its   
   Res. 323         food products; health factors; the   investigation  
  Termination:      agricultural economy; toxic          with           
   Jan. 3, 1953     residues; effect on soil and         recommendations
                    vegetation                           for legislation
                                                         (see H. Rept.  
                                                         No. 82-2182);  
                                                         no legislative 
                                                         authority      
                                                                        
Children, Youth                                                         
 and Families                                                           
  Est. Sept. 29,   Income maintainance; health;         To report to the
   1982, 97-2, H.   nutrition; education; welfare;       House on the   
   Res. 421         employment                           results of its 
  Reestablished                                          investigations;
   by each                                               no legislative 
   Congress                                              authority      
   through 102-2.                                                       
                                                                        
                                                                        

[[Page 240]]

                                                                        
Committees                                                              
  Est. Jan. 31,    Rules X and XI of the rules of the   To report to the
   1973; 93-1, H.   House; committee structure; number   House by bill, 
   Res. 132         and size of committees;              resolution, or 
  Termination:      jurisdiction; committee procedure;   otherwise (see 
   Dec. 20, 1974;   meetings, staffing, and facilities   H. Rept. No. 96-
   reestablished                                         866)           
   1979 (H. Res.                                                        
   118); records                                                        
   transferred to                                                       
   Committee on                                                         
   Rules, Apr. 1,                                                       
   1980                                                                 
                                                                        
Communist                                                               
 Aggression                                                             
  Est. July 27,    Seizure of Latvia and Estonia by     To report to the
   1953; 83-1, H.   the U.S.S.R.; treatment of the       House on its   
   Res. 346         Baltic peoples during this period    study together 
  Termination:                                           with           
   Dec. 31, 1954                                         recommendations
                                                         (see H. Rept.  
                                                         No. 83-2650);  
                                                         no legislative 
                                                         authority      
                                                                        
Congressional                                                           
 Operations                                                             
  Est. Mar. 28,    Organization and operation of the    To report       
   1977; 95-1, H.   U.S. Congress; cooperation between   recommendations
   Res. 420         the Houses; relationship with        on subjects    
  Termination:      other branches of government         specified (see 
   Jan. 3, 1979                                          H. Rept. No. 95-
                                                         1843); no      
                                                         legislative    
                                                         authority      
                                                                        
Congressional                                                           
 Pages                                                                  
  Est. Sept. 30,   General welfare and education of     To report on the
   1964; 88-2, H.   congressional pages                  results of its 
   Res. 847                                              investigations 
  Termination:                                           (see H. Rept.  
   Jan. 4, 1965                                          No. 88-1945);  
                                                         to make        
                                                         recommendations
                                                                        
Crime                                                                   
  Est. May 1,      All aspects of crime in the United   To report on its
   1969; 91-1, H.   States; its elements, causes, and    investigation  
   Res. 17          extent; reciprocity of               with           
  Termination:      information; urban crime             recommendations
   June 30, 1973                                         (see H. Rept.  
                                                         No. 93-358); no
                                                         legislative    
                                                         authority      
                                                                        

[[Page 241]]

                                                                        
Energy                                                                  
  Est. Apr. 21,    Message of the President dated Apr.  To report to the
   1977; 95-1, H.   20, 1977, and other communications   House by bill  
   Res. 508         relating thereto; bills or           or otherwise   
  Termination:      resolutions sequentially referred    (see H. Rept.  
   Jan. 3, 1979;    thereto                              No. 95-543)    
   jurisdiction                                                         
   transferred to                                                       
   Energy and                                                           
   Commerce, 97th                                                       
   Cong.                                                                
                                                                        
Ethics                                                                  
  Est. Mar. 9,     Certain bills and resolutions        To report to the
   1977; 95-1, H.   relating to Rules XLIII-XLVII of     House on the   
   Res. 383         the House; regulations relating      measure        
  Termination:      thereto; advisory opinions           specified (see 
   Jan. 3, 1979                                          H. Rept. No. 95-
                                                         1837); to      
                                                         report         
                                                         regulations; to
                                                         recommend      
                                                         legislation    
                                                                        
Export Controls                                                         
  Est. Sept. 7,    The Export Control Act of 1949;      To report on its
   1961; 87-1, H.   assessment of accomplishments        investigation  
   Res. 403         under that Act; improvements in      together with  
  Termination:      administration and enforcement;      any            
   May 31, 1962     congressional oversight              recommendations
                                                         (see H. Rept.  
                                                         No. 87-1753);  
                                                         no legislative 
                                                         authority      
                                                                        
Foreign Aid                                                             
  Est. July 22,    Basic needs of foreign nations and   To report to the
   1947; 80-1, H.   peoples; relief in terms of food     House as deemed
   Res. 296         and clothing; resources and          appropriate; no
  Termination:      facilities; agencies                 legislative    
   May 3, 1948                                           authority      
                                                                        
Government                                                              
 Research                                                               
  Est. Sept. 11,   Research programs of federal         To report its   
   1963; 88-1, H.   agencies; expenditures for           findings to the
   Res. 504         research programs; costs of          House with     
  Termination:      government research                  recommended    
   Jan. 3, 1965                                          legislation    
                                                         (see H. Rept.  
                                                         No. 88-1143)   
                                                                        

[[Page 242]]

                                                                        
Hunger                                                                  
  Est. Feb. 22,    International programs; world food   To conduct      
   1984; 98-2, H.   security; malnutrition; food         studies and    
   Res. 15          production and distribution;         make           
  Reestablished     agribusiness role                    recommendations
   each Congress                                         as to possible 
   through 102-2                                         legislation    
                                                                        
Intelligence                                                            
  Est. Feb. 19,    Proposals concerning the             To report to the
   1975; 94-1, H.   intelligence and intelligence-       House on the   
   Res. 138         related programs and activities of   nature and     
  Termination:      the U.S. Government; oversight;      extent of      
   Feb. 11, 1976;   proposed legislation and other       intelligence   
   became           matters relating to the CIA          activities of  
   permanent                                             U.S.           
   select                                                departments and
   committee,                                            agencies by    
   July 14, 1977,                                        legislation or 
   H. Res. 658                                           otherwise (see 
   (Manual Sec.                                          H. Rept. No. 94-
   944a)                                                 833)           
                                                                        
Katyn Forest                                                            
 Massacre                                                               
  Est. Sept. 18,   The massacre of thousands of Polish  To report to the
   1951; 82-1, H.   officers in the Katyn Forest in      House on       
   Res. 390         territory then under the control     completion of  
  Termination:      of the U.S.S.R.                      its hearings   
   Dec. 22, 1952                                         (see H. Rept.  
                                                         No. 82-2505);  
                                                         no legislative 
                                                         authority      
                                                                        
Lobbying                                                                
 Activities                                                             
  Est. Aug. 12,    Lobbying activities intended to      To submit       
   1949; 81-1, H.   influence legislation; activities    reports on the 
   Res. 298         of federal agencies intended to      results of its 
  Termination:      influence legislation                study (see H.  
   end of the                                            Rept. No. 81-  
   81st Cong.                                            3239); no      
                                                         legislative    
                                                         authority      
                                                                        
Narcotics Abuse                                                         
 and Control                                                            
  Est. July 29,    International traffic in narcotics;  To report to the
   1976; 94-2, H.   prevention; enforcement; organized   House on its   
   Res. 1350        crime; drug abuse; treatment;        investigations;
  Reestablished     rehabilitation                       no legislative 
   each Congress                                         authority      
   through 102-2                                                        
                                                                        
Newsprint                                                               
  Est. Feb. 26,    Need for adequate supplies of        To submit       
   1947; 80-1, H.   newsprint and related products;      reports with   
   Res. 58          production possibilities and         recommendations
  Termination:      prospects                            (see H. Rept.  
   Dec. 31, 1948                                         No. 80-2471);  
                                                         no legislative 
                                                         authority      
                                                                        

[[Page 243]]

                                                                        
Offensive and                                                           
 Undesirable                                                            
 Literature                                                             
  Est. May 12,     The extent to which books,           To report to the
   1952; 82-2, H.   magazines, and comic books contain   House with     
   Res. 596         immoral, obscene, or otherwise       recommendations
  Termination:      offensive matter; availability       , including    
   Dec. 31, 1952    through the U.S. mails; adequacy     recommendations
                    of existing laws                     for legislation
                                                         (see H. Rept.  
                                                         No. 82-2510);  
                                                         no legislative 
                                                         authority      
                                                                        
Outer Continental                                                       
 Shelf                                                                  
  Est. Apr. 12,    A bill relating to the management    To report the   
   1975; 94-1, H.   of oil and natural gas in the        bill and other 
   Res. 412         Outer Continental Shelf; marine      legislation    
  Termination:      and coastal environments; certain    referred to it;
   Jan. 3, 1979;    related matters on this subject on   transmit its   
   succeeded by     referral to it by the Speaker        findings and   
   another select                                        make a full    
   committee on                                          report to the  
   the same                                              House (see H.  
   subject (96-1,                                        Rept. No. 96-  
   H. Res. 53),                                          1214)          
   which                                                                
   terminated                                                           
   July 31, 1980                                                        
                                                                        
Population                                                              
  Est. Sept. 28,   Causes of changing population        To report on the
   1977; 95-1, H.   conditions; population               results of its 
   Res. 70          characteristics relative to          investigation  
  Termination:      limited resources; population        (see H. Rept.  
   end of the       planning; global population-         No. 95-1842);  
   95th Cong.       related issues                       no legislative 
                                                         authority      
                                                                        
Professional                                                            
 Sports                                                                 
  Est. May 18,     Need for legislation with respect    To report to the
   1976; 94-2, H.   to professional sports               House on the   
   Res. 1186                                             results of its 
  Termination:                                           inquiry (see H.
   Jan. 3, 1977                                          Rept. No. 94-  
                                                         1786); no      
                                                         legislative    
                                                         authority      
                                                                        
Right of Member                                                         
 To Be Sworn In                                                         
  Est. Jan. 10,    The right of Adam Clayton Powell     To report to the
   1967; 90-1, H.   (N.Y.) to be sworn in in the 90th    House within   
   Res. 1           Congress and to a seat therein       five weeks (see
  Termination:                                           H. Rept. No. 90-
   Feb. 23, 1967                                         27); no        
                                                         legislative    
                                                         authority      
                                                                        

[[Page 244]]

                                                                        
Small Business                                                          
  Est. Dec. 4,     Assistance to small business; small  Reported to the 
   1941; 77-1, H.   business protection; financial       House on       
   Res. 294         aid; small business participation    results of its 
  Reconstituted     in federal procurement               investigations;
   each Congress                                         had no         
   until 1970;                                           legislative    
   became a                                              authority prior
   standing                                              to becoming a  
   committee (H.                                         standing       
   Res. 988),                                            committee      
   1975                                                                 
                                                                        
Standards and                                                           
 Conduct of                                                             
 Members                                                                
  Est. Oct. 19,    Rules or regulations necessary or    To make         
   1966; 89-2, H.   desirable to ensure proper           recommendations
   Res. 1013        standards of conduct by Members      to the House by
  Termination:      and by officers or employees of      report or      
   Dec. 27, 1966;   the House; reporting of statutory    resolution     
   standing         violations                                          
   Committee on                                                         
   Standards of                                                         
   Official                                                             
   Conduct                                                              
   created Apr.                                                         
   13, 1967                                                             
                                                                        
Survivors'                                                              
 Benefits                                                               
  Est. Aug. 4,     Benefits provided under federal law  To prepare such 
   1954; 83-2, H.   for surviving dependents of          legislation; to
   Res. 549         deceased members and former          report on the  
  Termination:      members of the armed forces          results of its 
   Jan. 15, 1956                                         investigation  
                                                         (see H. Rept.  
                                                         No. 83-9282)   
                                                                        
Tax-exempt                                                              
 Foundations and                                                        
 Organizations                                                          
  Est. Apr. 4,     Educational and philanthropic        To report to the
   1952; 82-2, H.   foundations and related              House on the   
   Res. 561         organizations exempt from federal    result of its  
  Termination:      income taxation; use of              investigation  
   Dec. 16, 1954    foundations                          (see H. Rept.  
                                                         No. 82-2681);  
                                                         no legislative 
                                                         authority      
                                                                        
Transactions on                                                         
 Commodity                                                              
 Exchanges                                                              
  Est. Dec. 18,    Purchases and sales of commodities;  To report to the
   1947; 80-1, H.   commodities for future delivery;     House on       
   Res. 404         activities of federal agencies and   completion of  
  Termination:      individuals therein as affecting     its            
   Dec. 31, 1948    the price of commodities             investigation  
                                                         (see H. Rept.  
                                                         No. 80-2472);  
                                                         no legislative 
                                                         authority      
                                                                        

[[Page 245]]

                                                                        
U.S. Military                                                           
 Involvement in                                                         
 Southeast Asia                                                         
  Est. June 8,     All aspects of U.S. military         To report on its
   1970; 91-2, H.   involvement in Southeast Asia        investigation  
   Res. 976                                              (see H. Rept.  
  Termination:                                           No. 91-1276);  
   July 6, 1970                                          no legislative 
                                                         authority      
                                                                        
U.S. Servicemen                                                         
 Missing in                                                             
 Action in                                                              
 Southeast Asia                                                         
  Est. Sept. 11,   U.S. servicemen identified as        To report to the
   1975; 94-1, H.   missing in action; recovery of       House on its   
   Res. 335         bodies of known dead;                investigation  
  Termination:      international inspection teams       (see H. Rept.  
   Mar. 13, 1977                                         No. 94-178); no
                                                         legislative    
                                                         authority      
                                                                        
White County                                                            
 Bridge                                                                 
 Commission                                                             
  Est. May 25,     Financial position of the White      To report to the
   1955; 84-1, H.   County Bridge Commission; monies     House with     
   Res. 244         received and expenditures made;      recommendations
  Termination:      anticipated toll-free use            (see H. Rept.  
   Apr. 25, 1956                                         No. 84-2052);  
                                                         no legislative 
                                                         authority      
                                                                        
World War II                                                            
 Veterans                                                               
  Est. Aug. 28,    Abuses in education, training and    To report on the
   1950; 81-2, H.   loan guarantee programs of World     results of its 
   Res. 474         War II veterans                      investigation  
  Termination:                                           (see H. Rept.  
   Feb. 2, 1951                                          No. 2501); no  
                                                         legislative    
                                                         authority      
------------------------------------------------------------------------

  Sec. 14 . Joint Committees

                                 Generally

      Joint committees are composed of Members from both Houses. They 
  have been in use since the earliest days of the Republic. Jefferson 
  notes that joint committees were used by the two Houses of the English 
  Parliament. Manual Sec. 325. In the First Congress, a joint committee 
  was used to make arrangements for the inauguration of President 
  Washington. 3 Hinds Sec. 1986. Joint standing committees were soon 
  formed on the Library (4 Hinds

[[Page 246]]

  Sec. 4337) and Printing (4 Hinds Sec. 4347), and these committees 
  exist to this day. Manual Secs. 985, 986.
      Joint committees, or committees of the House and Senate acting 
  jointly, have been used to investigate problems relating to 
  immigration (4 Hinds Sec. 4415), to resolve a dispute relating to the 
  electoral count (3 Hinds Sec. 1953), to investigate the revision and 
  codification of the laws (4 Hinds Sec. 4410), and to study the 
  organization and operation of the Congress (2 USC Secs. 411-417).

                    Jurisdiction, Functions, and Duties

      Joint committees are used for study and investigation, supervision 
  and oversight, and sometimes for purely ceremonial activities. They 
  are primarily advisory in nature. They seldom have legislative 
  jurisdiction, and do not ordinarily have the power to report 
  legislative measures for consideration. They generally function in 
  areas beyond the jurisdiction of any particular committee of either 
  House. Deschler Ch 17 Sec. 7. Joint committees may report to both 
  Houses if so directed (4 Hinds Secs. 4421, 4422), or to either House 
  (4 Hinds Sec. 4432; 7 Cannon Sec. 2167).
      A joint committee created by concurrent resolution may be 
  instructed by the two Houses acting concurrently or by either House 
  acting independently. 4 Hinds Sec. 4421. However, a joint committee 
  created by statute is not susceptible to control by one House and its 
  duties may not be enlarged or diminished by either House acting 
  independently. 7 Cannon Sec. 2164.

                            Composition; Voting

      Recent joint committees have featured an equal number of Members 
  from both Houses, with the chairmanship alternating between the House 
  and Senate, and with each member having one vote. Deschler Ch 17 
  Sec. 7.
      The table below shows the major joint committees that were 
  established during the post-1946 era, their composition, and their 
  jurisdiction and functions:
        

                            Joint Committees                            
------------------------------------------------------------------------
            Committees                   Jurisdiction and Functions     
------------------------------------------------------------------------
Atomic Energy (18 mbrs)            Development, use, and control of     
  Est. 1946; 42 USC Sec.  2251      atomic energy; to report legislation
  House mbrs: 9                     and make recommendations within its 
  Senate mbrs: 9                    jurisdiction; legislative           
  Termination: Jan. 4, 1977         jurisdiction abolished, H. Res. 5,  
                                    95-1, 1977                          
                                                                        

[[Page 247]]

                                                                        
Congressional Operations (10       Identification of court proceedings  
 mbrs)                              affecting Congress; organization and
  Est. 1970; 2 USC Secs.  411-417   operation of the Congress;          
  House mbrs: 5                     supervision of the Office of        
  Senate mbrs: 5                    Placement and Management; no        
  Inactive since 94th Cong.         legislative jurisdiction            
 Select Committee on                                                    
 Congressional Operations                                               
 created, 95-1, H. Res. 420                                             
                                                                        
Defense Production (10 mbrs)       Review of programs established by the
  Est. 1950; 50 USC App Sec.        Defense Production Act of 1950;     
 2161                               federal emergency preparedness and  
  House mbrs: 5                     mobilization policy; integrity of   
  Senate mbrs: 5                    defense contracts and the           
  Termination: No appointments      procurement process; to report to   
 after Sept. 30, 1978               the House and Senate on its studies,
                                    with recommendations                
                                                                        
Economic (20 mbrs)                 Economic Report by the President;    
  Est. 1946; 15 USC Sec.  1021      means of promoting national policy  
  House mbrs: 10                    on employment; short-term and medium-
  Senate mbrs: 10                   term economic goals; to report to   
  (Manual Sec.  983)                Budget Committees and to House and  
                                    Senate                              
                                                                        
Housing (14 mbrs)                  Housing needs in U.S.; building      
  Est. 1947; H. Con. Res. 104       material shortages; building costs; 
  House mbrs: 7                     building codes and zoning laws;     
  Senate mbrs: 7                    housing loans and insurance;        
  Termination: 80th Cong.           veterans' preferences; findings to  
                                    be reported to the House and Senate 
                                                                        
Internal Revenue Taxation (10      Operation and effects of federal     
 mbrs)                              system of internal revenue taxation;
  Est. 1926; 26 USC Sec.  8002      reports to the Committee on Ways and
  House mbrs: 5                     Means, and, in its discretion,      
  Senate mbrs: 5                    directly to the House               
  (Manual Sec.  984)                                                    
                                                                        
Library (10 mbrs)                  Management and expansion of the      
  Est. 1806; 2 USC Sec.  132b       Library of Congress; rules and      
  House mbrs: 5                     regulations for the government of   
  Senate mbrs: 5                    the Library; development of Botanic 
  (Manual Sec.  985)                Gardens; gifts for the benefit of   
                                    the Library; statues and other works
                                    of art in the Capitol               
                                                                        

[[Page 248]]

                                                                        
Organization of the Congress (24   Organization and operation of        
 mbrs)                              Congress; relationship between the  
  Est. 1965; S. Con. Res. 2         two Houses and between the Congress 
  1992; H. Con. Res. 192            and other branches of government;   
  House mbrs: 12                    committees; reports to the House and
  Senate mbrs: 12                   Senate                              
  (Manual Sec.  986a)                                                   
                                                                        
Printing (10 mbrs)                 Inefficiencies or waste in the       
  Est. 1846                         printing, binding, and distribution 
  House mbrs: 5                     of government publications;         
  Senate mbrs: 5                    arrangement and style of the Record;
  (Manual Sec.  986)                printing of the legislative program 
                                    for each day; listing of committee  
                                    meetings and hearings               
                                                                        
Washington Metropolitan Problems   Growth and expansion of the District 
  Est. 1957; H. Con. Res. 172       of Columbia and its metropolitan    
  Termination: 86th Cong.           area; effectiveness of agencies and 
                                    instrumentalities concerned         
                                    therewith; to report to the House   
                                    and Senate                          
------------------------------------------------------------------------

                        D. Procedure in Committees


  Sec. 15 . Committee Rules; Applicable House Rules

                                 Generally

      The procedures which House committees are required to follow are 
  prescribed by the rules of the House (Manual Sec. 703a), by 
  Jefferson's Manual Secs. 704b, 938, and by the written rules which are 
  adopted by each standing committee (Manual Sec. 704a). Standing 
  committees and subcommittees are expressly made subject to the rules 
  of the House ``so far as applicable'' (Manual Sec. 703a), and each 
  standing committee must adopt written rules not inconsistent therewith 
  (Manual Sec. 704a).
      Committees have historically adopted rules under which they 
  function for each Congress. 1 Hinds Sec. 707; 3 Hinds Secs. 1841, 
  1842; 8 Cannon Sec. 2214. The adoption of such rules by each committee 
  was made mandatory in 1971. Such rules must be published in the 
  Congressional Record within 30 days after the committee is elected. 
  Manual Sec. 704a. If a committee meets pursuant to a rule which has 
  not been published, the proceedings may be

[[Page 249]]

  held insufficient to support a perjury conviction for alleged false 
  testimony given to that committee. U.S. v Reinecke, 524 F2d 435, 1975.

                              Points of Order

      A point of order does not ordinarily lie in the House against 
  consideration of a bill by reason of defective committee procedures 
  occurring prior to the time the bill is ordered reported to the House. 
  Manual Sec. 704b. Thus, a point of order that a measure was ordered 
  reported in violation of a committee rule requiring advance notice of 
  the committee meeting will not lie in the House--the interpretation of 
  committee rules being within the cognizance of the committee and not 
  the House. 93-2, July 22, 1974, p 24437; 95-2, Oct. 12, 1978, p 36382.
      On the other hand, if the procedure objected to was one which is 
  in direct violation of the rules of the House (see Manual Sec. 713c), 
  or where those rules specifically permit the raising of the objection, 
  a point of order may lie in the House, resulting in the recommitment 
  of the bill. Manual Sec. 704b. For example, a point of order against a 
  measure on the ground that the hearings on such measure were not 
  conducted in an open meeting as required by the rules may be raised in 
  the House by a committee member if the point of order was timely made 
  and improperly overruled or not properly considered in committee. 
  Manual Sec. 708.
      A deficiency in a reporting requirement may also be the subject of 
  a point of order in the House. (Manual Sec. 713 c, d, e, f, g). A 
  committee report that erroneously reflects the information required 
  under Rule XI--that committee reports 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 
  (Manual Sec. 713d)--may be subject to a point of order. 104-1, Jan. 
  19, 1995, p ____.


  Sec. 16 . Records, Files, and Transcripts; Disclosure and Disposition; 
            Member Access

                         Generally; Voting Records

      Each committee must keep a complete record of all committee 
  action. Manual Sec. 706a. A meeting or hearing transcript must 
  include, under new Rule XI clause 2(e)(1), a substantially verbatim 
  account of remarks actually made. All committee records and files must 
  be kept separate from the office records of the member serving as 
  chairman. Manual Sec. 706c.
      The record of committee action must include a record of the votes 
  on any question on which a roll call vote is demanded, and the result 
  of each such vote must be made available by the committee for 
  inspection by the

[[Page 250]]

  public. Manual Sec. 706a. In addition, committee reports must include 
  all record votes on motions to report and on amendments offered during 
  markup. Manual Sec. 713d.

                   Members' Right of Access; Disclosure

      The records and files of a committee are considered the property 
  of the House, to which all House Members have access, although 
  exceptions are made for certain records of the Committee on Standards 
  of Official Conduct (Manual Sec. 706c) and of the Select Committee on 
  Intelligence (Manual Sec. 944a). However, such files may not be 
  brought into the well of the House if the committee has not authorized 
  such action. 86-2, June 3, 1960, p 11820. Moreover, a Member's right 
  of access to committee files does not entitle him to make photostat 
  copies of such files. 85-1, Aug. 14, 1957, p 14737. The clause 
  allowing access to committee records does not necessarily apply to 
  records within the possession of the executive branch which the 
  members of the committee have been allowed to examine under limited 
  conditions at the discretion of the agency. 96-2, July 31, 1980, p 
  20765. In implementing the House rule permitting access by Members to 
  committee files, committees may prescribe regulations to govern the 
  manner of access, such as requiring examination of files only in 
  committee rooms. Manual Sec. 706c.

             Use of Information Obtained in Executive Session

      While all Members have access to committee records under the rule, 
  testimony or evidence taken in an executive session of a committee is 
  under the control and subject to the regulation of the committee and, 
  under a separate provision of the rules (Manual Sec. 712), cannot be 
  released or made public without the consent of the committee. 87-1, 
  June 26, 1961, p 11233. Thus, while a Member's right of access may 
  allow him to examine executive session materials in committee rooms, 
  it does not permit him to copy or take personal notes from such 
  materials, to keep such notes in his personal office files, or to 
  release such materials to the public without the consent of the 
  committee or subcommittee. 95-1, Dec. 6, 1977, p 38470. Evidence taken 
  in executive session of a committee may later be made public by vote 
  of the committee. Deschler Ch 17 Sec. 22.2. This action may be taken 
  by the committee even with respect to evidence or testimony taken in 
  executive session because it tended to degrade, defame, or 
  incriminate. A committee has the right to make such information public 
  at a later time and may, by vote of the committee, do so. Deschler Ch 
  17 Sec. 22.3.
      Evidence received in executive session by vote of a quorum should 
  be presumed to remain as executive session records until a quorum at a 
  valid

[[Page 251]]

  meeting votes to release them or to make the evidence public; the 
  chairman has no unilateral authority, not possessed by any other 
  member, to release such material. The rule that a majority of the 
  committee shall constitute a quorum for closing a meeting has been 
  construed to require that a majority be present to release or make 
  public evidence received in a closed meeting. Manual Sec. 712.
      The rules prohibit the public disclosure of complaints or 
  information received by the Committee on Standards of Official Conduct 
  except as authorized by that committee. Manual Sec. 698.

                     Disposition of Committee Records

      The House may adopt a resolution providing for the disposition of 
  the records and files of a select or other committee. It may require 
  that the files be held intact and turned over to a newly created 
  committee with similar jurisdiction. Deschler Ch 17 Sec. 19.3. In the 
  absence of such disposition by the House, all documents referred to a 
  committee, together with evidence taken by the committee, must under 
  the House rules be delivered to the Clerk of the House within three 
  days after the final adjournment of Congress. Manual Sec. 932.
      Under Rule XXXVI, an order of the House is required for the 
  release of noncurrent records of the House. 102-1, Mar. 22, 1991, p 
  ____.

               Reference in Debate to Transcripts or Minutes

      Under early decisions of the House, it was not in order in debate 
  to refer to the proceedings of a committee except as had been formally 
  reported to the House. 5 Hinds Secs. 5080-5083; 8 Cannon Secs. 2485-
  2493; Deschler Ch 17 Sec. 20.1. It had been held that a Member might 
  not use a transcript of an open committee meeting in debate in the 
  House where the matter had not been reported to the House. Deschler Ch 
  17 Sec. 20.2. The rationale for the early decisions was to protect the 
  confidentiality and independence of committee proceedings, and to 
  permit flexibility and compromise in committee deliberations. 8 Cannon 
  Sec. 2491. Today, however, the rules require that committee meetings 
  be open to the public unless properly closed by vote of the committee, 
  and transcripts of committee proceedings are widely available; these 
  considerations mitigate against the application of the rule of 
  nondisclosure to meetings and hearings which are open to the public. 
  Deschler Ch 17 Sec. 20.1; Manual Sec. 360. On the other hand, it is 
  clear that the rule protecting committee proceedings from disclosure 
  in House debate is applicable to executive session proceedings. 8 
  Cannon Sec. 2493; Deschler Ch 17 Sec. 20. Thus, it has been held not 
  in order in debate in the House to refer to or quote from the minutes 
  of an executive session of a

[[Page 252]]

  committee, unless the committee has voted to make such proceedings 
  public. 90-1, Apr. 5, 1967, p 8411. And the precedents clearly prevent 
  reference in debate to committee actions which impugn the motives of 
  committee members, whether or not by name. 77-1, Feb. 11, 1941, p 894.


  Sec. 17 . Meetings

               Regular Meetings; Calling Additional Meetings

      Standing committees must fix regular meeting days. Manual 
  Sec. 705. These meeting days may be either on a weekly, biweekly, or 
  monthly basis (Manual Sec. 407) and standing committees must meet at 
  least once a month. Additional meetings may be called by the chairman 
  as he may deem necessary, and a mechanism exists which allows a 
  majority of the committee to require that a special meeting be held to 
  consider a particular measure or matter. Manual Sec. 705. Where a 
  committee has a fixed date to meet, a quorum of the committee may 
  convene on that date without call of the chairman and transact 
  business regardless of his absence. 8 Cannon Sec. 2214. In the absence 
  of the chairman, the ranking majority member presides at the meeting. 
  Manual Sec. 705.

                          Open or Closed Meetings

      All committee or subcommittee meetings of a business nature, 
  including those for the markup of legislation, must be open to the 
  public, including the media, unless the committee, in open session 
  with a majority present, votes to close all or part of the remainder 
  of the meeting on that day pursuant to Rule XI clause 2(g)(1). If the 
  meeting is closed, no person other than members of the committee and 
  such staff and departmental representatives as they may authorize may 
  be present. Manual Sec. 708.


  Sec. 18 . -- Consideration and Debate; Voting

                        Generally; Motion Practice

      Committees generally conduct their business under the five-minute 
  rule and may employ the ordinary motions and procedures which are in 
  order in the House under Rule XVI clause 4, as well as those 
  procedures which are in order in the House as in the Committee of the 
  Whole. Manual Secs. 704b, 782. These include:

     The reading for amendment by section as in the Committee of 
         the Whole and the reading of the measure and amendments thereto 
         in full. Manual Sec. 704b.
     Limiting the time for debate (4 Hinds Sec. 4573) and the 
         motion to limit debate under the five-minute rule (Manual 
         Sec. 704b).

[[Page 253]]

     The motion for the previous question. See Manual Sec. 804.
     Voting by the yeas and nays. 4 Hinds Sec. 4572.
     The motion to refer. See Manual Sec. 787.
     The motion to lay on the table (3 Hinds Sec. 1737; 4 Hinds 
         Sec. 4568); but tabling an amendment also carries the bill to 
         the table.
     The motion to reconsider. 4 Hinds Secs. 4570, 4571.
     The taking of an appeal from a decision of the Chair. 4 Hinds 
         Sec. 4569.
     The motion to recess from day to day. Manual Sec. 703a.

                               Proxy Voting

      Proxy voting in committees, once permitted under certain 
  conditions, was banned in the 104th Congress under House rules. Rule 
  XI clause 2(f).


  Sec. 19 . Hearings

                       Generally; Types of Hearings

      The three most common types of hearings held by the committees of 
  the House are: (1) legislative hearings, which are held to consider 
  the enactment of a measure into law, and which provide a forum where 
  information and opinions on the measure can be presented; (2) 
  investigative hearings, designed to inform the House as to activities 
  which may call for legislation; and (3) oversight hearings, which are 
  inquiries that invoke the investigative powers of the House as 
  overseer of federal programs and operations. (Nomination hearings are 
  heard before the Committee on the Judiciary. See Manual Sec. 256.)
      Investigative or oversight hearings have included such well-known 
  historical landmarks as the Credit Mobilier Corporation bribery charge 
  investigation of 1872 (2 Hinds Sec. 1286), the Un-American activities 
  investigations beginning in the 1930's (Deschler Ch 15 Sec. 1.32), and 
  the investigation of covert arms transactions with Iran in 1988 (100-
  1, H. Res. 12).
      Although all three types of hearings share certain common 
  characteristics, the House rules contain procedures which are unique 
  to each category. See, for example, Manual Sec. 712, setting forth 
  rules governing procedures at investigative hearings.

                         Announcement of Hearings

      As of the 104th Congress, chairmen of committees must announce a 
  hearing at least one week in advance, although the chairman and 
  ranking minority member acting jointly, or the committee by majority 
  vote with a meeting quorum present, may determine that there is good 
  cause to begin the hearing sooner, in which case it must make the 
  announcement at the earliest possible date. The announcement must be 
  published in the Daily Di-

[[Page 254]]

  gest and entered into the committee scheduling service of the House 
  Information Systems. Manual Sec. 708. The Committee on Rules is 
  exempted from this requirement.


  Sec. 20 . -- Hearings as Open or Closed

                             Closing Hearings

      Committee hearings must be open to the public unless the committee 
  or subcommittee, in open session and with a majority present, 
  determines by roll call vote that all or part of the hearing on that 
  day should be closed because of one of the permissible reasons for 
  closing stated in Rule XI clause 2(g)(2). Permissible reasons include 
  national security, the compromise of sensitive law enforcement 
  information, or where testimony might incriminate, defame or degrade a 
  person. Certain committees may close pursuant to this rule for one 
  additional day of hearings; specified committees may close for up to 
  five days. Manual Sec. 708.

            Evidence Tending to Defame, Degrade, or Incriminate

      The House rules require that certain procedural steps be taken 
  whenever it is asserted that evidence before a commmittee at an 
  investigative hearing may tend to defame, degrade, or incriminate. 
  While two members may constitute a quorum for the taking of testimony, 
  more members may be present. A majority of those present may vote to 
  continue the testimony in executive session. If the hearing is to 
  continue as open, a quorum of the committee or subcommittee must be 
  present to entertain a motion that the evidence is in fact not 
  defamatory, incriminating or degrading. Such a motion requires a 
  majority for adoption. An opportunity to appear voluntarily must be 
  afforded to the witness in either case. Manual Sec. 712. If a witness 
  appears in response to a subpena and, when called, asks on proper 
  grounds for an executive session, the committee must determine whether 
  the testimony will tend to defame, degrade, or incriminate, even 
  though the witness may have ignored a previous opportunity to appear 
  voluntarily to testify. See 89-2, Oct. 18, 1966, pp 27439-95. But the 
  proper assertion must be made by the witness to the committee. If he 
  leaves the hearing room without making any statement other than that 
  he refuses to testify, the committee is not obligated to go into 
  executive session, since the proceedings have not reached the point 
  where the witness has demanded that the committee determine whether 
  the testimony would tend to degrade, defame, or incriminate. 89-2, 
  Oct. 18, 1966, pp 27439-48, 27481-85. The determination that evidence 
  or testimony may tend to degrade, defame, or incriminate a person lies 
  with the

[[Page 255]]

  committee and not with the witness. See 89-2, Oct. 18, 1966, pp 27439-
  48, 27481 et seq.
      A point of order may be raised against a privileged report of a 
  committee relating to the refusal of a witness to testify on the 
  ground that the committee had violated the rule relating to the 
  receiving of degrading or incriminating testimony in executive 
  session. 89-2, Oct. 18, 1966, pp 27486 et seq.


  Sec. 21 . Quorum Requirements

                            Generally; Meetings

      It is a routine practice of the committees of the House to 
  ascertain the presence of the appropriate quorum before proceeding to 
  business. 8 Cannon Sec. 2222. Historically, a majority of a committee 
  constituted a quorum for the transaction of business. Manual Sec. 409; 
  4 Hinds Secs. 4540, 4552.
      In the 84th Congress, the House gave its committees the right to 
  set the number of Members required to be present for the taking of 
  testimony at a hearing, but mandated the presence of at least two 
  Members. H. Res. 151, Mar. 23, 1955. In the 95th Congress, committees 
  (except for Appropriations, Budget and Ways and Means) were allowed to 
  fix the quorum for the conduct of business, other than the reporting 
  of a measure, at not less than one-third of a committee's membership. 
  H. Res. 5, Jan. 4, 1977.
      Current minimum quorum requirements for committees of the House 
  are as follows:
        

------------------------------------------------------------------------
         Action               Minimum Quorum         Rule XI clause 2   
------------------------------------------------------------------------
  To report a measure    A majority of                  (l)(2)          
   or recommendation      committee, ``actually         Manual Sec.     
                          present''                713c                 
                                                                        
  To authorize and       A majority of the              (m)(2)          
   issue a subpena        committee                     Manual Sec.  718
                                                                        
  To close a meeting or  A majority of the              (g)(1)          
   hearing                committee                     Manual Sec.  708
                                                                        
  To make public         A majority of the              (k)(5)          
   evidence taken in      committee                     Manual Sec.  712
   executive session                                                    
                                                                        
  To take evidence or    A majority of the              (k)(5)          
   testimony in open      committee                     Manual Sec.  712
   session after                                                        
   assertion that it                                                    
   defames, degrades or                                                 
   incriminates                                                         
                                                                        

[[Page 256]]

                                                                        
  To take testimony or   Two members                    (h)(1)          
   receive evidence at                                  Manual Sec.  709
   hearing                                                              
                                                                        
  To close a hearing     Two members                    (k)(5)          
   where assertion of                                   Manual Sec.  712
   defamatory testimony                                                 
   or evidence is made                                                  
                                                                        
  To take any action     One-third of membership        (h)(2)          
   ``other than                                         Manual Sec.  709
   reporting''                                                          
------------------------------------------------------------------------

  Sec. 22 . -- In Ordering a Report to the House

                      Generally; ``Rolling'' Quorums

      A standing committee cannot validly report a measure unless the 
  report was authorized at a formal meeting of the committee with a 
  quorum present. 8 Cannon Secs. 2220-2222; Deschler Ch 17 Sec. 23.2. 
  The report is not valid unless authorized with a quorum of the 
  committee actually present at the time the vote is taken. Manual 
  Sec. 713d. A poll of committee members by telephone will not suffice. 
  Deschler Ch 17 Sec. 23.2.
      In 103d Congress, the rules were amended to permit a so-called 
  ``rolling quorum'' by allowing a majority to be deemed present if the 
  committee records showed that a majority responded on a roll call vote 
  on the motion to report in question. H. Res. 5, Jan. 5, 1993, p ____. 
  This language was dropped from the rules in 1995, thus restoring the 
  previous requirement that a ``majority of the committee be actually 
  present'' at the time a measure is ordered reported. The requirement 
  that a majority be actually present at the time the measure is 
  reported from a committee means that a majority must be 
  contemporaneously assembled when the question is put or at some point 
  while the vote is taken. Unlike a House floor vote during which 
  Members may come and go during the course of a vote, the committee 
  quorum rule, absent the old ``rolling quorum'' latitude, means a 
  committee can no longer simply leave a vote open until a sufficient 
  number of Members have responded to their names. See 104-1, Jan. 5, 
  1995, p ____.
      While Speakers have indicated that committee members may come and 
  go during the course of the vote if the roll call indicates that a 
  quorum was present (8 Cannon Sec. 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

[[Page 257]]

  show a quorum acting as a quorum, the Chair will sustain the point of 
  order. 8 Cannon Sec. 2212).
      A point of no quorum pending a committee vote on ordering a 
  measure reported may provoke a quorum call to obtain the presence of a 
  majority of the committee in the committee room. Manual Sec. 713d.
      The absence of a quorum at the time a ``clean'' bill is ordered 
  reported gives rise to a point of order even though the chairman had 
  been previously instructed by the committee to report the bill. See 
  93-1, July 23, 1973, pp 25476 et seq.

                     Suspension of Quorum Requirement

      Where a bill is being considered under suspension of the rules, a 
  point of order will not lie against the bill on the ground that a 
  quorum was not present when the bill was reported from committee. 
  Deschler Ch 17 Sec. 24.8.


  Sec. 23 . --  -- Points of Order

                                 Generally

      Unless a point of order is raised, the House assumes that reports 
  from committees are authorized with a quorum present. Deschler Ch 17 
  Sec. 23. Quorum issues raised by a point of order are often determined 
  on the basis of information in the report or supplied by the chairman 
  of the committee in question (84-2, July 9, 1956, p 12199; 95-2, Oct. 
  12, 1978, p 36382) and the Speaker may question him as to the 
  circumstances of the meeting and the number of committee members 
  present at that meeting. Deschler Ch 17 Sec. 23.5. Where the chairman 
  admits that the bill was reported when a quorum was not present the 
  point of order against the bill on that ground will be sustained. 
  Deschler Ch 17 Sec. 25.2. If the point of order is sustained, the bill 
  is automatically recommitted. Deschler Ch 17 Secs. 23.2, 25.2.

                                Timeliness

      A point of order that a bill was reported from a committee in the 
  absence of a quorum is properly raised in the House when the bill is 
  called up for consideration (Deschler Ch 17 Sec. 24.2) or pending a 
  vote on a motion that the House resolve itself into the Committee of 
  the Whole for the consideration of the bill. Deschler Ch 17 Sec. 24.4. 
  It has been ruled that such a point of order comes too late if raised:

     After consideration of the bill has begun in the House. 8 
         Cannon Sec. 2223.
     After the House has resolved into the Committee of the Whole 
         for the consideration of the measure. Deschler Ch 17 Sec. 24.5.

[[Page 258]]

     After debate on the measure has started in the House. Deschler 
         Ch 17 Sec. 24.6.
     After adoption of the measure. Deschler Ch 17 Sec. 24.7.

      The point of order is premature and will not be entertained:

     Where a resolution providing for the consideration of the bill 
         is before the House. Deschler Ch 17 Sec. 24.2.
     Pending a unanimous-consent request to consider the measure 
         otherwise not privileged for consideration. 90-2, Oct. 11, 
         1968, p 30751.


  Sec. 24 . Witnesses

                       Summoning Witnesses; Subpenas

      Witnesses are summoned before a committee pursuant to authority 
  conferred on it by the House to send for persons or papers. 3 Hinds 
  Sec. 1750. In Rule XI (Manual Sec. 718) the House has empowered its 
  committees and subcommittees to issue a subpena when authorized by a 
  majority of the members voting, a majority being present. Full 
  committee chairpersons may authorize and issue subpenas when that 
  authority is delegated by the full committee. Such subpenas must be 
  signed by the chairman of the committee or by a member designated by 
  the committee.
      Under clause 2(m) of Rule XI, compliance with a committee subpena 
  may be enforced only as authorized by the House. Manual Sec. 718. This 
  clause has been interpreted to require authorization by the full House 
  before a subcommittee chairman may intervene in a law suit in order to 
  gain access to documents subpenaed by the subcommittee. In re Beef 
  Industry Antitrust Litigation, 589 F2d 786 (5th Cir. 1979). 
  Enforcement procedures, see Sec. 26, infra.

                        Interrogation of Witnesses

      The questioning of witnesses appearing before a committee proceeds 
  under the five-minute rule. Under this rule, committee members may 
  take up to five minutes initially to question a witness until each 
  member has had an opportunity to question the witness. Manual 
  Sec. 711.

                     Witnesses Called by the Minority

      When a hearing is held on a measure or matter, the minority 
  members on the committee have the right to call witnesses of their own 
  choosing to testify on the subject of the hearing for one day. Such a 
  request must be supported by a majority of the minority members and 
  submitted to the chairman before the completion of the hearing. Manual 
  Sec. 711.

[[Page 259]]

                                  Perjury

      Under federal statutes (18 USC Sec. 1621), it is a felony to give 
  perjurious testimony before a congressional committee. It is clear 
  from court rulings however that the facts sought must be in aid of the 
  committee's legislative purpose. The committee may recall a witness 
  for additional testimony on a point already testified to, or question 
  him about a prior denial, or address questions to him which are not 
  clearly in aid of legislation, but a perjury indictment may not be 
  found on false testimony in response to questions which are not asked 
  for the purpose of eliciting facts material to the committee's 
  investigation. U.S. v Cross, D.C.D.C. (1959), 170 F Supp 303.
      A quorum of a committee must be present when testimony is given to 
  support a charge of perjury. But the absence of a quorum of a 
  committee at the time a witness willfully fails to produce subpenaed 
  documents is not a valid defense in a prosecution for contempt where 
  the witness failed to raise that objection before the committee. 
  United States v Bryan, 339 US 323 (1950); United States v Fleischman, 
  339 US 349 (1950).

                         Use of Written Statements

      Each committee is obliged to require, ``so far as practicable,'' 
  that each prospective witness file a written statement of his proposed 
  testimony in advance and limit his oral presentation to a summary 
  thereof. Manual Sec. 708. At investigative hearings, witnesses are 
  permitted, in the discretion of the committee, to submit brief, sworn 
  statements in writing for inclusion in the committee record. Manual 
  Sec. 712.

                               Witness Fees

      Witnesses are reimbursed for their expenses pursuant to House Rule 
  XXXV. That rule sets the same per diem as is authorized by the 
  Committee on House Oversight for Members and employees of the House. 
  Manual Sec. 931. Some committees, in their rules, prescribe procedures 
  for disbursing such fees, such as the signing of appropriate vouchers.


  Sec. 25 . -- Rights or Privileges of Witnesses

                     Generally; Under the Constitution

      Committee investigations must be conducted consistently with the 
  United States Constitution and Bill of Rights, particularly the First, 
  Fourth, and Fifth Amendments. Witnesses appearing at investigative 
  hearings cannot be compelled to give evidence against themselves. They 
  cannot be subjected to unreasonable search and seizure. Nor can the 
  First Amendment freedoms of

[[Page 260]]

  speech, press, religion, or political belief and association be 
  abridged. Watkins v United States, 354 US 178 (1957).

                 The Privilege Against Self-incrimination

      The privilege against self-incrimination may be invoked by a 
  person subpenaed to testify or produce materials before a House 
  committee notwithstanding the fact that a congressional investigation 
  is not a ``criminal case'' in the conventional sense. 3 Hinds 
  Secs. 1699, 2514. The assertion of the privilege against self-
  incrimination need take no particular form, provided the committee can 
  reasonably be expected to understand it as an attempt to invoke the 
  privilege. Quinn v United States, 349 US 155 (1955). At the same time, 
  a witness may waive the privilege by failing to assert it, expressly 
  disclaiming it, or testifying on the same matters concerning which he 
  later claims the privilege. Deschler Ch 15 Sec. 9. Thus, after 
  testifying to an incriminating fact, a witness may not refuse to 
  answer more questions on the same subject on the ground that such 
  answers would further incriminate. Rogers v United States, 340 US 367 
  (1951).

                            Immunity Procedures

      Under a statute adopted in 1970, a witness who refuses to testify 
  before a congressional committee on the basis of his privilege against 
  self-incrimination may be granted immunity by court order and, under 
  certain conditions, compelled to testify or provide information to the 
  committee. Under the statute, the request for the court order must 
  have been approved by two-thirds of the entire membership of the 
  committee. 18 USC Secs. 6002, 6005. Such statutes have been upheld as 
  constitutional. Application of U.S. Senate Select Committee on 
  Presidential Campaign Activities, D.C. D.C., 1973, 361 F Supp 1270. 
  See also 6 Cannon Sec. 354.

                       Under the Rules of the House

      A witness appearing at an investigative hearing before a committee 
  of the House is entitled to certain rights or privileges under the 
  rules of the House. See Rule XI clause 2(k). Manual Sec. 712. Under 
  these rules, the witness is entitled:

     To a copy of the committee rules.
     To be accompanied by counsel.
     To seek a closed hearing if the evidence tends to defame, 
         degrade, or incriminate him.
     To terminate broadcast coverage of testimony being taken under 
         subpena (Rule XI clause 3(f)).
     To submit requests to subpena additional witnesses.

[[Page 261]]

     To submit brief and pertinent sworn statements in writing for 
         inclusion in the committee record.
     To a transcript of his testimony if given in an open hearing.

      Although the applicable rule permits witnesses to have counsel at 
  investigative hearings, it is the witness, not counsel, who has 
  ultimate responsibility for protecting his rights and invoking the 
  procedural safeguards guaranteed under the rules of the House. The 
  attorney for the witness may not, as a matter of right, present 
  argument or make demands on the committee. See 89-2, Oct. 18, 1966, pp 
  27486-95.


  Sec. 26 . -- Proceedings Against Recalcitrant Witnesses

      An individual who fails or refuses to comply with a House subpena 
  may be cited for contempt of Congress. The Supreme Court has found the 
  subpena power to be an ``indispensable ingredient'' of the legislative 
  powers granted to Congress by the Constitution. Eastland v United 
  States Servicemen's Fund, 421 US 491 (1975). Although the Constitution 
  does not expressly grant Congress the power to punish witnesses for 
  contempt, that power has been deemed an inherent attribute of the 
  legislative authority of Congress. See Anderson v Dunn, 19 US 204 
  (1821). To supplement this inherent power, the Congress in 1857 
  adopted an alternative statutory contempt procedure; under this 
  statute, the refusal to comply with a congressional subpena is 
  punishable by fine and imprisonment. 2 USC Sec. 194. For comprehensive 
  discussion, see Contempt Power.


  Sec. 27 . Media Coverage of Hearings and Meetings

      Radio, television and still photography coverage of open committee 
  hearings or meetings is governed by the House rules. Rule XI clause 3. 
  Manual Secs. 720-725. In the 104th Congress, the requirement that a 
  committee vote to permit coverage of open meetings and hearings was 
  eliminated. H. Res. 6, Sec. 105, Jan. 4, 1995.


                           E. Committee Reports


  Sec. 28 . In General

              Necessity of Report; Chairman's Duty to Report

      It has been a rule of the House since 1880 that bills reported 
  from a committee must be accompanied by written reports. Rule XVIII 
  clause 2. Reported bills that are not accompanied by a written report 
  are not placed

[[Page 262]]

  on a calendar and are not considered in the House except by unanimous 
  consent. 8 Cannon Sec. 2783.
      The report of a committee is in the nature of argument or 
  explanation. The report on a legislative measure does not itself come 
  before the House for amendment or other specific action. 4 Hinds 
  Sec. 4674; Deschler Ch 17 Sec. 58. And the Speaker makes no 
  determinations as to the sufficiency of a report. 2 Hinds Sec. 1339.
      It is the duty of each committee chairman to ``promptly'' report 
  measures approved by the committee to the House. Rule XI clause 
  2(l)(1). Manual Sec. 713a. Under this rule, if the report on such a 
  measure is not filed by the chairman of the committee, a majority of 
  its members may file a written request for the filing of the report. 
  Within seven calendar days (exclusive of the days on which the House 
  is not in session) after the filing of the request, the committee 
  report itself is to be filed. Excepted from this rule are certain 
  reports of the Committee on Rules and reports on resolutions of 
  inquiry. Manual Sec. 713b.

                    Committee Authorization or Approval

      When a committee concludes consideration of a bill, a motion to 
  order the measure reported is in order. 4 Hinds Sec. 4667. In this 
  respect, the House has adhered to the principle that the reporting of 
  a measure must be authorized by the committee acting together at a 
  formal meeting of the committee with a quorum present (4 Hinds 
  Sec. 4585; 8 Cannon Sec. 2221); reports are admissible in the House 
  only when authorized by a vote taken at a meeting with the committee 
  actually assembled (8 Cannon Secs. 2221, 2222, 2249).
      Objection being made that the text of a report does not reflect 
  the actions of a committee, the question as to the reception of the 
  report is submitted to the House (4 Hinds Sec. 4591); and if a bill is 
  held improperly reported, the bill is not entitled to a place on the 
  calendar (4 Hinds Sec. 3117). But after the House has voted to 
  consider a report (4 Hinds Sec. 4598) or after consideration has begun 
  in the House (7 Cannon Sec. 2225), it is too late to raise the 
  question of authorization or to question the validity of the 
  committee's action in reporting the bill (4 Hinds Sec. 4599; 8 Cannon 
  Sec. 2223).
      The rules of the House do not require that committees separately 
  approve legislative reports. A point of order that a committee did not 
  vote to approve a report as required by the rules of the committee is 
  properly made in committee and not in the House. Deschler Ch 17 
  Sec. 58.5.

                                Recommittal

      The failure of a committee report to comply with the House rules--
  such as the Ramseyer rule (Manual Sec. 745)--relative thereto may 
  result in auto-

[[Page 263]]

  matic recommittal of the bill if a point of order is sustained. See, 
  for example, 8 Cannon Sec. 2237. However, the committee may file a 
  supplemental report to correct technical errors in its initial report, 
  and recommittal would not be required in such a case. If the bill is 
  recommitted because of a defective report, further proceedings are de 
  novo and all committee formalities necessary to the first report are 
  likewise necessary to authorize a second report. 8 Cannon Sec. 2221.

                      Adverse or Unfavorable Reports

      A committee may report a bill adversely (Manual Sec. 744) even 
  though the committee originated the bill. 4 Hinds Sec. 4659. A 
  committee may also report a bill to the House with no recommendation 
  for action (4 Hinds Secs. 4661, 4662). If the committee is unable to 
  agree on a recommendation for action, it may submit a statement of 
  this fact in the report (4 Hinds Sec. 4665), in which case the report 
  may include minority views alone (2 Hinds Sec. 945) or simply set 
  forth the propositions representing the opposing contentions (3 Hinds 
  Sec. 2497; 4 Hinds Sec. 4664).

                  Multiple Reports; Supplemental Reports

      The report of a committee must be confined to a single volume 
  (Sec. 29, infra), and ordinarily only one report is filed on each 
  bill. Indeed, it has been held that two reports may not be filed (from 
  the Committee on Rules) to accompany the same rule or order of 
  business. Deschler Ch 17 Sec. 58.2. However, the rules permit the 
  filing of a supplemental report to correct a technical error in a 
  previous report, and unanimous consent is not required. Deschler Ch 17 
  Sec. 64.1. The failure of a committee report to comply with the 
  Ramseyer rule, for example, may be remedied by a supplemental report. 
  8 Cannon Sec. 2247. But the authority to file a supplemental report to 
  correct a technical error in a previous report does not include the 
  authority to file a supplemental report to change a statement of 
  legislative intent contained in the initial report. Deschler Ch 17 
  Sec. 64.1 (note) or to include additional views not timely submitted 
  for inclusion with the report. And unanimous consent is required for a 
  committee to file a supplemental report containing substantive 
  interpretations of a previously reported bill. 95-1, Oct. 25, 1977, p 
  35006.

             Reporting Bills With Amendments; ``Clean'' Bills

      A committee may report a bill with various amendments for the 
  consideration of the House. Where a bill has been extensively amended 
  in the committee, its members may instruct the chairman to incorporate 
  the changes into an amendment in the nature of a substitute or to 
  introduce a

[[Page 264]]

  ``clean'' bill, which reflects the committee's action. If the latter 
  course is chosen, the new bill must be introduced through the hopper. 
  In either case, the committee cannot vote to report until it has the 
  perfected text before it. See 93-1, July 23, 1973, pp 25476-82.


  Sec. 29 . Form and Contents of Report; Inflationary Impact Statements, 
            Cost Estimates, and Oversight Findings

      Committee reports are governed as to form and content by the rules 
  of the House. 90-1, July 12, 1967, p 18558. Those rules require that 
  committee reports be printed (Manual Sec. 821) and confined to a 
  single volume (Manual Sec. 714). Verbal statements will not be 
  received in the House as the report of a committee. 4 Hinds 
  Secs. 4654, 4655. Any amendments referred to in the report are keyed 
  by page and line references to the measure as printed when originally 
  referred; such references need not correspond to the pages and lines 
  of the reported measure. Deschler Ch 17 Sec. 59.2.
      Matters which must be included in a committee report on any public 
  bill or resolution include:

     The total number of votes cast in a roll call vote in 
         committee for or against the reporting of the measure and on 
         any amendment thereto, and the names of those voting for or 
         against. Manual Sec. 713d.
     An inflationary impact statement. Manual Sec. 713f.
     Estimates and comparisons as to the costs anticipated in 
         carrying out the measure over specified periods of time. Manual 
         Sec. 748b.
     Oversight findings and recommendations required pursuant to 
         clause 2(b)(1) of Rule X. Manual Sec. 713e.
     A summary of the oversight findings and recommendations made 
         by the Committee on Government Reform and Oversight. Manual 
         Sec. 713e.
     A description of the measure's applicability to the 
         Legislative Branch under the Congressional Accountability Act 
         of 1955. Manual Sec. 713g.
     Identification and cost-estimates of federal mandates under 
         the Unfunded Mandates Reform Act of 1995. Manual Sec. 1007.
     Minority and/or supplementary views if properly submitted. 
         Manual Sec. 714.
     The statement required by the Congressional Budget Act of 
         1974, if the measure provides new budget authority or new or 
         increased tax expenditures. Manual Sec. 713e.
     The estimate and comparison prepared by the Congressional 
         Budget Office (if timely submitted). Manual Sec. 713e.

      Reports of the Committee on Appropriations on general apropriation 
  bills, and of the Committee on Rules, have additional requirements. 
  Manual Secs. 731, 844b.

[[Page 265]]

  Sec. 30 . Comparative Prints; The Ramseyer Rule

                                 Generally

      The Ramseyer rule was first incorporated into the House rules in 
  1929. It was named for its author, C. William Ramseyer. 8 Cannon 
  Sec. 2234. This rule provides that whenever a committee reports a 
  measure repealing or amending a statute, the committee report is to 
  include the text of the statute and a comparative print showing the 
  proposed omissions and insertions by stricken-through type and 
  italics, parallel columns, or other appropriate typographical devices. 
  Manual Sec. 745. The purpose of the rule is to inform Members of any 
  changes in existing law to occur through the proposed legislation. 
  Deschler Ch 17 Sec. 60; 88-1, Dec. 3, 1963, p 23036.
      The Ramseyer rule requires that the statute proposed to be amended 
  be quoted in the report; it is not sufficient that it is incorporated 
  in the bill. 8 Cannon Sec. 2238. However, a comparative print need 
  only be prepared for the affected part of the law, assuming that the 
  reported measure does not affect other parts of that law. Deschler Ch 
  17 Sec. 60.6. If the bill amends existing law by the addition of a 
  proviso, the report should quote in full the section immediately 
  preceding the proposed amendment. 8 Cannon Sec. 2237.
      Where a committee reports a bill with amendments, the comparative 
  print required by the rule must show the changes in existing law 
  proposed by the bill as amended, rather than by the bill as 
  introduced. 87-1, Sept. 22, 1961, p 20823. The rule is applied where 
  there has been a multiple referral of a measure to two or more 
  committees pursuant to Rule X clause 5 (Manual Sec. 700).

                            Application of Rule

      To fall within the purview of the Ramseyer rule, a bill must 
  repeal or amend a statute in terms, and a general reference to the 
  subject treated in a statute without proposing a specific amendment is 
  not sufficient. 8 Cannon Sec. 2235. Provisions in a bill which merely 
  waive certain statutory requirements or grant an exemption therefrom 
  are not specifically amendatory of existing law, and therefore are not 
  subject to the Ramseyer rule requirements. Deschler Ch 17 Sec. 60.7. 
  Thus, the Ramseyer rule has been held inapplicable to a joint 
  resolution extending the period for state ratification of a 
  constitutional amendment submitted to the states, where the resolution 
  did not specifically change the deadline for ratification, but merely 
  extended the period ``notwithstanding'' any provision in the prior 
  law. 95-2, Aug. 15, 1978, p 26204.

[[Page 266]]

      The Ramseyer rule is applicable whenever a committee ``reports'' a 
  bill repealing or amending ``any statute or part thereof.'' Manual 
  Sec. 745. Thus the rule is not applicable to:

     A bill changing the rules of evidence for the District of 
         Columbia courts. Deschler Ch 17 Sec. 6.8.
     Bills discharged from a committee (as distinguished from bills 
         reported by a committee). Deschler Ch 17 Sec. 60.10.
     Bills amending simple resolutions. 8 Cannon Sec. 2239.
     Special orders providing for the consideration of a bill. 8 
         Cannon Sec. 2244.

      The Ramseyer rule is not applicable to reports accompanying simple 
  resolutions. 93-2, Sept. 30, 1974, p 32956. However, a Ramseyer-type 
  comparative print is required under clause 4(d) of Rule XI whenever 
  the Committee on Rules reports a resolution repealing or amending a 
  rule of the House or part thereof. Manual Sec. 731. This clause is 
  applicable to resolutions reported from the Committee on Rules which 
  propose the direct repeal or amendment of a rule of the House, but 
  does not apply to resolutions which merely provide temporary waivers 
  of rules during the consideration of particular legislative business. 
  94-1, Mar. 20, 1975, p 7677; 94-1, Mar. 24, 1975, p 8418. Nor does it 
  apply to a special order 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. 103-1, May 27, 1993, p ____.
      The Ramseyer rule applies to general appropriation bills where 
  such bills include legislative provisions (8 Cannon Sec. 2241); 
  indeed, appropriation bills are subject to a separate provision of the 
  House rules requiring that the report contain a concise statement of 
  the affect of any direct or indirect changes in the application of 
  existing law. Manual Sec. 844b.

                          Substantial Compliance

      A Ramseyer rule violation may occur even though the bill in 
  question proposes but one minor and obvious change in existing law. 8 
  Cannon Sec. 2236. Under the doctrine of substantial compliance, 
  however, the Speaker has overruled Ramseyer points of order on the 
  rationale that the committee had substantially complied with the 
  requirements of the rule and deviations were minor and 
  inconsequential. Deschler Ch 17 Secs. 60.11-60.14. Thus the Speaker 
  has upheld a report even though it contained errors in typography and 
  punctuation, and failed to indicate a relatively insignificant date 
  change. 89-1, July 26, 1965, p 18100.

[[Page 267]]

                              Points of Order

      The point of order that a report fails to comply with the Ramseyer 
  rule is properly made when the bill is called up in the House and 
  before the House has resolved into the Committee of the Whole for its 
  consideration. 8 Cannon Secs. 2243, 2245; Deschler Ch 17 Secs. 60.15-
  60.18. The point of order does not lie in the Committee of the Whole. 
  89-2, July 25, 1966, p 16840. Thus, the proper time to raise the point 
  of order is when the motion is made to go into the Committee of the 
  Whole to consider the bill. If that motion is withdrawn, the Chair is 
  not obliged to rule on the point of order. 96-1, Dec. 3, 1979, p 
  34385.
      When a point of order is raised that a report is in violation of 
  the Ramseyer rule, it is incumbent on the proponent of the point of 
  order to cite the specific statute which will be amended by the 
  pending bill. 8 Cannon Sec. 2246.
      A point of order will not lie against a committee report merely 
  because the comparative print required by the Ramseyer rule includes 
  laws which are not affected by the reported bill but which are 
  included to give full information to the Members. 88-1, Dec. 3, 1963, 
  p 23036.
      Compliance with the Ramseyer rule may be waived by unanimous 
  consent or by special rule. Deschler Ch 17 Secs. 60.19, 60.20. 
  However, a special order providing for the consideration of a bill, 
  unless specifically waiving points of order, does not preclude the 
  point of order that the report on such a bill fails to comply with the 
  Ramseyer rule. 8 Cannon Sec. 2245.

                                Recommittal

      Where a report on a bill fails to comply with the provisions of 
  the Ramseyer rule and a point of order is sustained on that ground, 
  the bill is recommitted to the committee reporting it. 8 Cannon 
  Sec. 2237; Deschler Ch 17 Sec. 60.2. Further proceedings are de novo 
  and the bill must again be considered and reported by the committee as 
  if no previous report had been made. 8 Cannon Sec. 2249.


  Sec. 31 . Printing; Referral to Calendars

                                 Generally

      Unless a report is privileged for immediate consideration 
  (Sec. 33, infra), it is delivered to the Clerk for printing and 
  reference to the proper calendar under the direction of the Speaker. 
  Manual Sec. 743. Privileged reports are filed from the floor while the 
  House is in session and referred to the appropriate calendar and 
  ordered printed by the Speaker. Deschler Ch 17 Sec. 58.

[[Page 268]]

      Referrals, including sequential referrals, see Introduction and 
  Referral.

                           Correction of Errors

      Under a rule of the House, a bill reported adversely is laid on 
  the table unless the reporting committee or a Member requests its 
  reference to a calendar. Manual Sec. 744. Nonprivileged reports on 
  resolutions adversely reported are not printed unless a request is 
  made that they be referred to a calendar. Deschler Ch 17 Sec. 59.1; 
  86-1, July 15, 1959, p 13493. But reports on certain kinds of 
  resolutions, such as resolutions of inquiry, are considered 
  privileged, and are reported as such, whether favorable or adverse, 
  and are printed and referred. See Manual Sec. 857.
      A ``star print'' of a committee report or reported bill is a 
  reprint intended to correct errors in the first printing of the 
  report. A ``star print'' may be authorized without House permission 
  where the error was made by the Government Printing Office. 95-2, June 
  23, 1978, p 18806.


  Sec. 32 . Supplemental, Minority, and Additional Views

      The members of a committee who are in the minority may not make a 
  report or present a proposition of legislation, but have the right to 
  file views to accompany the report. 4 Hinds Secs. 4601-4605. Unless 
  filed with the report, minority views may be presented only by consent 
  of the House (4 Hinds Sec. 4600; 8 Cannon Sec. 2231).
      The House rules contain the requirement that committee reports 
  include supplemental, additional, or minority views of any committee 
  member who gives notice, at the time of the approval of the report, of 
  his intent to file such views within three calendar days, not counting 
  Saturdays, Sundays or legal holidays when the House is in session on 
  those days and not counting the partial day on which the bill is 
  ordered reported. Within the three-day time frame, the Member is 
  entitled to file such views, in writing and signed by him, with the 
  clerk of the committee. Manual Sec. 714. Under this rule, committee 
  members may now file their views as a matter of right, and if one 
  member makes a timely request for filing views, all other members of 
  the committee may submit views for inclusion in the report up to the 
  time that member submits his views. Deschler Ch 17 Sec. 64.


  Sec. 33 . Filing Reports

      Nonprivileged reports are filed by delivering them to the Clerk 
  for reference to the calendars under the direction of the Speaker. 
  Manual Sec. 743.

[[Page 269]]

  Privileged reports are filed from the floor and referred to the 
  appropriate calendar by the Speaker. Deschler Ch 17 Sec. 58.
      Ordinarily, a committee report on a bill or other measure reported 
  to the House must accompany the reported measure. Manual Sec. 821. 
  Permission to file a committee report at other times is sometimes 
  obtained by unanimous consent. Deschler Ch 17 Sec. 62. Permission to 
  file a privileged report when the House is not in session may be 
  obtained by unanimous consent (94-1, Oct. 9, 1975, p 32604) but not by 
  motion (97-2, Dec. 17, 1982, p 31951).
      Unanimous consent has been granted to permit a standing committee:

     To file a report after sine die adjournment. 87-2, Oct. 5, 
         1962, p 22618.
     To have until midnight to file a report. Deschler Ch 17 
         Secs. 62.4-62.6.
     To file a report after the House has adjourned on a particular 
         day. 93-2, Jan. 21, 1974, p 139.

      The House may extend the time for a select committee to file a 
  report pursuant to a simple resolution (94-2, Jan. 29, 1976, pp 1631-
  41) or by agreement to a unanimous-consent request (94-2, Aug. 2, 
  1976, p 25086). An extension of time to file has been given to a joint 
  committee pursuant to a joint resolution (95-1, Feb. 7, 1977, p 3796) 
  or to a unanimous-consent request agreed to in each House (86-1, Feb. 
  26, 1959, p 3049).


  Sec. 34 . Calling Up; Time to Report

            Privileged and Nonprivileged Reports Distinguished

      Certain committee reports may be called up as privileged under the 
  rules and precedents of the House. If privileged, a report may be 
  filed from the floor at any time; its consideration is preferential 
  and does not require a special rule from the Rules Committee. Deschler 
  Ch 17 Sec. 63. The report may be privileged even though the measure in 
  question is reported adversely. 6 Hinds Sec. 413; 8 Cannon Sec. 2310; 
  Deschler Ch 17 Sec. 63.3.
      Privileged status is accorded to:

     Reports on Presidential vetoes. Deschler Ch 17 Secs. 63.1, 
         63.2.
     Reports on impeachments. Deschler Ch 17 Sec. 63.3.
     Reports on questions involving the privileges of the House, 
         such as reports relating to the refusal of a witness to testify 
         or produce documents. Deschler Ch 17 Secs. 63.4-63.7.
     Reports by those committees specified by the House rules which 
         are authorized to report at any time on particular matters, 
         subject to applicable layover requirements. Manual Sec. 726.

[[Page 270]]

     Reports which may be reported at any time by specific 
         authorization of a House resolution. Deschler Ch 17 Sec. 63.10.
     Reports on measures which may be reported at any time pursuant 
         to statute, as in the case of certain resolutions of 
         disapproval. Deschler Ch 17 Sec. 63.11 (note).

      As noted above, certain committees are, by rule of the House, 
  given leave to report at any time on matters particularized in the 
  rule. Rule XI clause 4(a). Manual Sec. 726. This privilege to report 
  at any time does not extend to matters not specified by the rule (4 
  Hinds Sec. 4622; 8 Cannon Sec. 2286). The committees with leave to 
  report at any time on specified matters under this rule are shown in 
  the table below:

                                                                        
                                                         Eligible       
                                                          Matters       
                           Committee                        and         
                                                         Measures       
                                                                        
        Rules                                            Rules,         
                                                          joint         
                                                          rules,        
                                                          and the       
                                                          order         
                                                          of            
                                                          busines       
                                                          s.            
                                                                        
        Appropriations                                   General        
                                                          appropr       
                                                          iation        
                                                          bills,        
                                                          certain       
                                                          joint         
                                                          resolut       
                                                          ions          
                                                          continu       
                                                          ing           
                                                          appropr       
                                                          iations       
                                                          , but         
                                                          not           
                                                          appropr       
                                                          iations       
                                                          for           
                                                          specifi       
                                                          c             
                                                          purpose       
                                                          s (8          
                                                          Cannon        
                                                          Sec.  2       
                                                          285).         
                                                                        
        Budget                                           Budget         
                                                          concurr       
                                                          ent           
                                                          resolut       
                                                          ions          
                                                          under         
                                                          the           
                                                          Congres       
                                                          sional        
                                                          Budget        
                                                          Act of        
                                                          1974.         
                                                                        
        House Oversight                                  Enrolled       
                                                          bills;        
                                                          electio       
                                                          n             
                                                          contest       
                                                          s;            
                                                          printin       
                                                          g;            
                                                          noncurr       
                                                          ent           
                                                          House         
                                                          records       
                                                          ;             
                                                          conting       
                                                          ent           
                                                          fund          
                                                          expendi       
                                                          tures.        
                                                                        
        Standards of Official Conduct                    Certain        
                                                          resolut       
                                                          ions          
                                                          recomme       
                                                          nding         
                                                          action        
                                                          with          
                                                          respect       
                                                          to a          
                                                          Member,       
                                                          officer       
                                                          , or          
                                                          employe       
                                                          e.            
                                                                        

      The right to report at any time is said to carry with it the right 
  to consideration at any time (4 Hinds Sec. 3131), subject to 
  applicable layover requirements (see Sec. 35, infra), provided it is 
  not in conflict with other rules of the House or with some matter 
  enjoying a higher privilege in the order of business. 8 Cannon 
  Sec. 2291. Measures reported under a leave to report at any time yield 
  to questions of privilege (6 Cannon Sec. 557) and to measures already 
  given a priority by a special order (4 Hinds Secs. 3175, 3176).
      Where a committee has been given the privilege of reporting at any 
  time with respect to a certain matter, it may report Senate bills as 
  well as House bills under the privileged status given. Deschler Ch 17 
  Sec. 63.10.

[[Page 271]]

      Nonprivileged reports are made by delivering them to the Clerk. 
  Manual Sec. 743. Reports privileged under the rules, on the other 
  hand, must be made from the floor (4 Hinds Sec. 3146; 8 Cannon 
  Sec. 2230) and lose their privilege when reported by delivery to the 
  Clerk (unless subsequently reported from the floor). 8 Cannon 
  Sec. 2233. Reports accorded privileged status for consideration by 
  statute are excepted from the general rule that privileged reports 
  must be filed from the floor in order to preserve their privilege. 
  Deschler Ch 17 Sec. 63.11.

                         Who May Call Up; Reading

      A committee ordinarily authorizes its chairman to submit and call 
  up its report (4 Hinds Sec. 4669) and he may do so even though he has 
  not concurred therein (4 Hinds Sec. 4670). But the committee may 
  authorize other members of the committee to present reports (4 Hinds 
  Sec. 4669) and under some circumstances minority members of the 
  committee have been ordered to present the report of the committee. 4 
  Hinds Secs. 4672, 4673; 8 Cannon Sec. 2315. Reports are not normally 
  read by the Clerk on the floor. Indeed, the reading of the report is 
  in order only in the time of debate (5 Hinds Secs. 5292, 5294), and a 
  report may not be read by a Member in his debate time without leave of 
  the House (5 Hinds Sec. 5293).

                                Withdrawal

      The chairman of a committee, having made a report to the House in 
  accordance with instructions from his committee, may not withdraw it 
  except by consent of the House (4 Hinds Sec. 4690; 8 Cannon 
  Sec. 2312). And when placed on the calendar, a bill is not subject to 
  further consideration by the committee reporting it (8 Cannon 
  Secs. 2218, 2307).


  Sec. 35 . ``Layover'' Requirements

      With certain exceptions, the House rules require that a committee 
  report on a measure or matter be available to Members for three 
  calendar days (excluding Saturdays, Sundays, and legal holidays, 
  unless in session) before the measure may be considered in the House. 
  The rule permits consideration of a measure on the third day a report 
  is available rather than on the fourth day following its availability. 
  Manual Sec. 715. The three-day rule runs anew from the time of 
  availability of a supplemental report to correct a technical error in 
  a previous report. Deschler Ch 17 Sec. 64.1.

[[Page 272]]

      Exempt from the three-day layover requirement are:

     Reports taking up a question involving the privileges of the 
         House or affecting the dignity and integrity of its 
         proceedings. Deschler Ch 17 Sec. 63.16.
     Reports from the Committee on Rules on the order of business 
         (Manual Sec. 715), such reports being subject to a separate 
         one-day layover requirement. Manual Sec. 729a.
     Reports from the Committee on House Oversight on committee 
         expense resolutions, such reports being subject to a separate 
         one-day layover requirement. Manual Sec. 732b.
     Budget Committee reports on concurrent resolutions on the 
         budget, which are subject to a five-day availability 
         requirement and an additional one-day availability requirement 
         for any Rules Committee report thereon. Congressional Budget 
         Act of 1974 Sec. 305(a)(1).
     Declarations of war or national emergency. Manual Sec. 715.
     Resolutions of approval or disapproval and impending actions 
         or determinations by a government agency (Manual Sec. 715), 
         such as the Federal Trade Commission. 97-2, May 26, 1982, pp 
         12027-30.

      Points of order against consideration of a bill for failure of the 
  report thereon to be available for three days may be waived pursuant 
  to a resolution from the Committee on Rules (95-1, July 29, 1977, p 
  25653), which waiver may be called up the same day reported from Rules 
  without a two-thirds vote (Manual Sec. 715).


  Sec. 36 . Points of Order Relating to Reports

                                 Generally

      A point of order will lie in the House against consideration of a 
  measure on the ground that the committee report on it does not include 
  votes on the motion to report or on amendments offered in committee 
  (Sec. 16, supra) or does not comply with other House rules, such as 
  the Ramseyer rule (Sec. 31, supra) or the cost-estimate requirement 
  (Sec. 29, supra). Deschler Ch 17 Sec. 58. Other requirements that 
  provide a basis for a point of order against a committee report 
  include provisions relating to:

     The availability of the report (Manual Sec. 715).
     The quorum to order reported (Manual Sec. 713c).
     Oversight findings (Manual Sec. 713e).
     Government Reform and Oversight summary Manual Sec. 713e).
     Inflationary impact statement (Manual Sec. 713f).
     Fiscal ramifications (Manual Sec. 713e).
     Statement on cost of federal mandate (Congressional Budget 
         Act, Sec. 425).


[[Page 273]]



      Points of order against consideration for noncompliance with the 
  rules in the preparation of the report should be made in the House; a 
  point of order that a committee report is not in proper form does not 
  lie in the Committee of the Whole. 89-2, July 25, 1966, pp 16840, 
  16842.
      The Chair does not rule on points of order relating to the 
  sufficiency, insufficiency, or legal effect of committee reports, they 
  being matters for the House to decide. 4 Hinds Sec. 1339; Deschler Ch 
  17 Secs. 58.3, 58.4. And a point of order will not lie against a 
  committee report on the ground that an agency has failed to report to 
  Congress in accordance with statute. 90-1, July 12, 1967, p 18558.
      Points of order as to reports on appropriation bills, see 
  Appropriations.

                          Waiving Points of Order

      Defects in the reporting of a bill by a standing committee may be 
  remedied in a proper case by:

     Adoption of a special rule from the Committee on Rules waiving 
         the point of order. Deschler Ch 18 Sec. 58.6.
     The granting of unanimous consent for the consideration of a 
         bill, thereby waiving points of order against it and its 
         report, if so stated. Deschler Ch 17 Sec. 58.
     Consideration of the bill under suspension of the rules. 
         Deschler Ch 17 Sec. 58.

      The House may adopt a special rule waiving points of order against 
  consideration of a bill for failure of the report thereon:

     To include the number of votes cast for and against the motion 
         to order the bill reported on a roll call vote in committee, in 
         violation of the applicable House rule (Manual Sec. 713d). 95-
         1, Mar. 24, 1977, p 8911.
     To be contained in one volume. 95-1, July 29, 1977, p 25653.
     To comply with the cost-estimate requirements. Deschler Ch 17 
         Sec. 61.1; 94-2, June 11, 1976, p 17782.
     To contain oversight findings in violation of a House rule. 
         95-1, June 8, 1977, p 17965.
     To comply with the reporting requirements of Sec. 402(a) of 
         the Budget Act. 94-2, Sept. 29, 1976, p 33564.



[[Page 275]]

 
                          COMMITTEES OF THE WHOLE

              A. Generally

  Sec.  1. In General
  Sec.  2. Jurisdiction and Authority; Reference
  Sec.  3. Matters Requiring Consideration in the Committee
  Sec.  4. -- Amendments
  Sec.  5. Resolving Into the Committee
  Sec.  6. -- By Motion
  Sec.  7. The Chairman
  Sec.  8. -- Limitations on Jurisdiction and Authority

              B. Consideration and Debate in Committee

  Sec.  9. In General; Quorums
  Sec. 10. First Reading
  Sec. 11. General Debate
  Sec. 12. -- Closing General Debate
  Sec. 13. Debate Under the Five-minute Rule; Amendments
  Sec. 14. -- Pro Forma Amendments
  Sec. 15. Relevancy in Debate
  Sec. 16. Calling Members to Order
  Sec. 17. Voting
  Sec. 18. Points of Order
  Sec. 19. Unfinished Business

              C. Motion Practice in Committee

  Sec. 20. In General
  Sec. 21. Precedence of Motions
  Sec. 22. Motions Relating to Enacting Clauses
  Sec. 23. -- When in Order
  Sec. 24. -- Debate

              D. Rising; Reporting to the House

  Sec. 25. Generally
  Sec. 26. Motions to Rise
  Sec. 27. -- When in Order
  Sec. 28. -- Who May Offer

[[Page 276]]

  Sec. 29. Reporting to the House
  Sec. 30. House Action on Committee Reports
        Research References
          4 Hinds Secs. 4704-4922
          8 Cannon Secs. 2318-2430
          5 Deschler Ch 19
          Manual Secs. 861a-877


                               A. Generally


  Sec. 1 . In General

                 Role and Functions; Historical Background

      The Committee of the Whole has been described as an ancient 
  parliamentary institution (4 Hinds Sec. 4705), having been derived 
  from the practice of the English House of Commons. Deschler Ch 19 
  Sec. 5. The Continental Congress used the Committee of the Whole for 
  important business on frequent occasions. The concept that the 
  Committee of the Whole should receive what were called ``the greater 
  matters of legislation'' has gradually resulted in the usage now 
  crystallized in Rule XIII clause 1 (Manual Sec. 742), which requires 
  the reference to it of all bills directly or indirectly raising 
  revenue, general appropriation bills, and public bills appropriating 
  money or property. See 4 Hinds Sec. 4705.
      The Committee of the Whole meets to consider matters referred to 
  it under rules designed to expedite consideration and to allow greater 
  participation by Members in debate. The Committee of the Whole is in 
  this respect comparable to a standing committee. 4 Hinds Sec. 4706. 
  The Committee of the Whole is never dissolved, and bills remain on its 
  calendar until reported after consideration. 4 Hinds Sec. 4705.
      Every Member of the House is a member of the Committee of the 
  Whole. But the Committee may sit with a smaller number (100 Members) 
  than is required to transact business in the House (218 Members). 
  Quorums generally, see Quorums.

                 Distinguishing the Committee of the Whole

      The term ``Committee of the Whole'' ordinarily refers to the 
  Committee of the Whole House on the state of the Union, which 
  considers public bills. Deschler Ch 19 Sec. 1. Historically, the term 
  has also been used to refer to the ``Committee of the Whole House,'' 
  which formerly considered business on the Private Calendar. Since 
  1935, however, bills on the Private Cal-

[[Page 277]]

  endar have been considered in the House as in Committee of the Whole; 
  thus, the term ``Committee of the Whole House'' has no application in 
  the modern practice of the House. Deschler Ch 19 Sec. 1.

                    House As In Committee of the Whole

      When the House sits as in Committee of the Whole, it does not 
  actually resolve into the committee; it sits ``as in'' Committee of 
  the Whole to allow consideration of bills under the five-minute rule 
  without general debate and with the bill considered as read and open 
  to amendment at any point. 4 Hinds Sec. 4924; Manual Sec. 424. This 
  practice is permitted, in the consideration of public bills, only by 
  unanimous consent (4 Hinds Sec. 4923) or pursuant to a special rule 
  from the Committee on Rules. 93-2, Dec. 18, 1974, p 40858.
      When the House is sitting as in Committee of the Whole, it may 
  invoke many procedures which are not available to it when it is 
  meeting in the Committee of the Whole; it may:

     Order the yeas and nays (4 Hinds Sec. 4923) by one-fifth of 
         those present or upon objection for lack of a quorum.
     Receive messages from the President of the Senate. 4 Hinds 
         Sec. 4923.
     Permit withdrawal of amendments before action thereon. 4 Hinds 
         Sec. 4935.
     Refer to a committee. 4 Hinds Secs. 4931, 4932.
     Entertain the previous question. 4 Hinds Secs. 4926-4929; 6 
         Cannon Sec. 639.
     Entertain the motion to reconsider. 8 Cannon Sec. 2793.
     Entertain motions to adjourn. 4 Hinds Sec. 4923.

                         Significance of the Mace

      The position of the mace in the Chamber signifies to the Members 
  whether the House has resolved itself into the Committee of the Whole. 
  When the mace is in position on the higher pedestal at the Speaker's 
  right, the House is in regular session. When the Members begin 
  deliberations in the Committee of the Whole, the mace is placed on the 
  lower pedestal next to the desk of the Sergeant at Arms. 89-2, July 
  13, 1966, p 15403.


  Sec. 2 . Jurisdiction and Authority; Reference

                          Generally; Public Bills

      The Committee of the Whole considers business on the Union 
  Calendar--that is, public bills. 4 Hinds Sec. 4705; Deschler Ch 19 
  Sec. 1. Bills raising revenue, general appropriation bills, and bills 
  of a public character directly or indirectly appropriating money or 
  property, are referred to this calendar. Manual Sec. 742. Where the 
  purpose of a bill is to raise revenue, even though that purpose is 
  affected indirectly, the bill is within the jurisdiction of the 
  Committee of the Whole. 8 Cannon Sec. 2399.

[[Page 278]]

      Whether a bill should be referred to the Union Calendar is 
  governed by the text of the bill as referred to committees, and 
  amendments reported by the committee reporting it are not considered. 
  Thus, a bill which includes a charge on the Treasury is referred to 
  the Union Calendar notwithstanding a committee amendment striking out 
  that charge. 8 Cannon Sec. 2392.

                     Measures Other Than Public Bills

      Although the jurisdiction of the Committee of the Whole is devoted 
  primarily to the consideration of public bills, other matters are 
  sometimes considered in the Committee pursuant to House order. For 
  example, as noted below, the annual message of the President is 
  customarily referred to the Committee of the Whole by motion. And 
  propositions to change the rules of the House are sometimes considered 
  in Committee of the Whole. 4 Hinds Sec. 4822; 91-2, July 13, 1970, p 
  23901. Moreover, although there are certain matters, such as 
  propositions involving a tax or an appropriation, which must, by House 
  rule, be considered in the Committee (see Sec. 3, infra), it is now 
  well settled that there are many subjects which are not specified in 
  the rule which may nevertheless be considered in the Committee of the 
  Whole. 4 Hinds Sec. 4822.

                    Referrals; Effect of Special Rules

      Reported legislative measures are referred by the Speaker to the 
  Union Calendar for subsequent consideration in the Committee of the 
  Whole. Their consideration therein is governed by special rules 
  reported by the Committee on Rules or by the standing rules applicable 
  to the Committee of the Whole. See Rule XXIII.
      The Committee has no authority to change an order of the House 
  governing the consideration of a particular measure in the Committee. 
  4 Hinds Secs. 4712, 4713; 8 Cannon Secs. 2321, 2323. Thus, where the 
  Committee is considering a bill under a special rule that fixes the 
  time for debate and the kinds of amendments that may be offered, a 
  Member may be denied recognition to seek unanimous consent to offer a 
  measure that is beyond the scope of the special rule (4 Hinds 
  Secs. 4712, 4713) or to extend the time for debate as fixed thereby (5 
  Hinds Secs. 5212-5216). Minor modification by unanimous consent, see 
  Manual Sec. 877 and Special Rules.
      Bills are sometimes referred to the Committee of the Whole as a 
  result of action in the House resulting in its recommittal (4 Hinds 
  Sec. 4784; Manual Sec. 875) or in unusual situations pursuant to a 
  motion to recommit in the House either with or without instructions (5 
  Hinds Secs. 5552, 5553).

[[Page 279]]

                           Presidential Messages

      The President's state of the Union message is referred by motion 
  to the Committee of the Whole. 90-1, Jan. 10, 1967, p 35; 92-1, Jan. 
  22, 1971, p 165. Other Presidential messages are normally referred to 
  the committee having jurisdiction by order of the Speaker. Manual 
  Sec. 882. At one time, annual messages of the President were referred 
  to and reported by the Committee of the Whole with recommendations for 
  reference to the proper standing or select committee, but this 
  practice was discontinued in the 64th Congress. 8 Cannon Sec. 3350.

                         Limitations on Authority

      The Committee of the Whole is limited as to the powers which it 
  may exercise. Many procedures and motions traditionally used in the 
  House may not be invoked in the Committee of the Whole. The Committee 
  of the Whole may not:

     Appoint, authorize, or discharge committees (4 Hinds 
         Secs. 4697, 4710).
     Entertain the question of consideration (7 Cannon Sec. 952) 
         except pursuant to those provisions of the Unfunded Mandates 
         Act which permit the question of consideration in the 
         disposition of certain points of order (Manual Sec. 781a).
     Transact proceedings regarding words demanded to be taken down 
         in debate (2 Hinds Secs. 1257-1259; 8 Cannon Sec. 2539).
     Extend the time for debate fixed by the House (8 Cannon 
         Secs. 2321, 2550; Manual Secs. 871, 877).
     Recess without permission of the House (5 Hinds Secs. 6669-
         6671).
     Instruct conferees (8 Cannon Sec. 2320).
     Consider questions of privilege (2 Hinds Sec. 1657; Manual 
         Sec. 666).

      Where the Committee of the Whole reports a recommendation which is 
  ruled out as in excess of its powers, it is held that the accompanying 
  bill stands recommitted to the Committee of the Whole. 4 Hinds 
  Sec. 4908; Manual Sec. 335.

                      Authority to Originate Measures

      In the early practice, the Committee of the Whole could consider a 
  matter even though it had not been referred to it by the House. 4 
  Hinds Sec. 4705. Today, the Committee no longer originates measures (4 
  Hinds Sec. 4707), but receives only such as have been referred to it, 
  usually by way of a special rule from the Committee on Rules. Manual 
  Sec. 326. Under this practice, the House may not resolve into the 
  Committee for the purpose of originating a measure except by unanimous 
  consent. Manual Sec. 412. And, absent an appropriate referral, the 
  Committee may not report a recommendation, which,

[[Page 280]]

  if carried into effect, would change a rule of the House. 4 Hinds 
  Secs. 4907, 4908.

                            Conference Reports

      Conference reports are considered in the House rather than in the 
  Committee of the Whole, and this is so notwithstanding a point of 
  order that the report contains matter ordinarily requiring 
  consideration in the Committee. 5 Hinds Secs. 6559, 6561.


  Sec. 3 . Matters Requiring Consideration in the Committee

                                 Generally

      A standing rule of the House specifies the matters which must be 
  considered in the Committee of the Whole before consideration in the 
  House. The matters so specified include all motions or propositions 
  involving a tax or charge upon the people, all proceedings 
  ``touching'' appropriations of money, or bills making appropriations 
  of money, or property, or requiring such appropriation to be made or 
  authorizing payments out of appropriations already made. Also included 
  within the rule are bills releasing any liability to the United States 
  for money or property, or referring any claim to the Court of Claims. 
  A point of order under this rule may be raised at any time before the 
  consideration of a bill has commenced. Rule XXIII clause 3. Manual 
  Sec. 865.
      The rule requiring consideration in Committee of the Whole may be 
  waived by unanimous consent. 4 Hinds Sec. 4823; 8 Cannon Sec. 2393. 
  And the effect of a special order may be to discharge the Committee 
  and bring the bill directly before the House. Manual Sec. 867.
      The requirement of Rule XXIII clause 3 is that the class of 
  business specified by the rule must be ``first'' considered in the 
  Committee of the Whole. Manual Sec. 865. It follows that a bill 
  considered in the Committee of the Whole, reported to the House, and 
  then recommitted by the House to a standing committee, is not, when 
  again reported to the House, necessarily subject to the point of order 
  that it must be considered in Committee of the Whole. 4 Hinds 
  Sec. 4828; 5 Hinds Secs. 5545, 5546; Manual Sec. 867.

             Measures Requiring Consideration in the Committee

     A bill increasing the rate of postage. 4 Hinds Sec. 4861.
     A bill creating a new Federal office. 4 Hinds Sec. 4846.
     A bill authorizing an undertaking by a government agency which 
         will incur an expense to the government, however small. 8 
         Cannon Sec. 2401.

[[Page 281]]

     A bill under which an expenditure is probable. Deschler Ch 19 
         Sec. 1.
     A bill setting in motion a chain of circumstances destined 
         ultimately to involve certain expenditures. 4 Hinds Sec. 4827; 
         8 Cannon Sec. 2399.

        Measures Held Not to Require Consideration in the Committee

     A measure which does not directly make an appropriation of 
         money or require one to be made, and which can be executed 
         without such funds. 4 Hinds Sec. 4856.
     A bill making an expenditure that is to be borne otherwise 
         then by the Federal Government. 4 Hinds Sec. 4831.
     A measure proposing an amendment to the Constitution to extend 
         the term of office of certain officials. 8 Cannon Sec. 2395.


  Sec. 4 . -- Amendments

      The rule that any proposition involving a tax or an appropriation 
  of money or property must be considered in the Committee of the Whole 
  (Sec. 3, supra) is applicable to amendments to House bills (4 Hinds 
  Secs. 4793, 4794) and to Senate amendments to House measures as well. 
  Deschler Ch 19 Sec. 1. Accordingly, where a House bill returned with 
  Senate amendments involving a new matter of appropriation has been 
  referred by the Speaker to a standing committee, it is, upon being 
  reported therefrom, referred directly to the Committee of the Whole. 4 
  Hinds Secs. 3094, 3108-3110; Manual Sec. 883. And when an amendment is 
  offered in the House to provide an appropriation for a purpose other 
  than that of the Senate amendment, the House goes into Committee of 
  the Whole to consider it. 4 Hinds Sec. 4795.
      The question as to whether a Senate amendment involves a tax or an 
  appropriation so as to require consideration in Committee of the Whole 
  is applied to each amendment received from the Senate. The fact that 
  the original House bill was considered in Committee of the Whole is 
  not taken into consideration in determining this question. 8 Cannon 
  Sec. 2381.
      An amendment of the Senate to a House bill is subject to the point 
  of order that it must first be considered in the Committee of the 
  Whole if, originating in the House, the amendment would be subject to 
  that point of order. Rule XX clause 1. Manual Sec. 827. Hence, a 
  Senate amendment which on its face places a charge on the Treasury 
  must be considered in Committee of the Whole absent proof to the 
  contrary. 8 Cannon Sec. 2387. But a Senate amendment which merely 
  modifies a House proposition, such as an increase or decrease in the 
  amount of an appropriation and which does not involve a new and 
  distinct expenditure, is not required to be considered in the 
  Committee of the Whole. 4 Hinds Secs. 4797, 4800; 8 Cannon Secs. 2382, 
  2385; Manual Sec. 828a. Moreover, the requirement that certain Senate 
  amendments be considered in the Committee applies only before the 
  stage of disagreement

[[Page 282]]

  has been reached on the Senate amendment, and it is too late to raise 
  a point of order that Senate amendments should have been considered in 
  the Committee after the House has disagreed thereto and the amendments 
  reported from conference in disagreement. 94-1, Dec. 4, 1975, p 38714. 
  The fact that one of several Senate amendments must be considered in 
  Committee does not prevent the House from proceeding with the 
  disposition of those not subject to the point of order. 4 Hinds 
  Sec. 4807.
      The requirement of Rule XX that the amendment be ``first 
  considered'' in the Committee does not apply if the House has agreed 
  to a special order providing that the amendment is ``hereby'' 
  considered as adopted. 103-1, Feb. 4, 1993, p ____.


  Sec. 5 . Resolving Into the Committee

                     Generally; Declaration by Speaker

      The House may resolve into the Committee of the Whole pursuant to 
  motion (Sec. 6, infra), or to a special rule from the Committee on 
  Rules. 4 Hinds Sec. 3214; 7 Cannon Secs. 783, 794; Deschler Ch 19 
  Sec. 4. And when no other business is pending, the Speaker is 
  authorized pursuant to a rule adopted in 1983 to declare the House 
  resolved into the Committee without intervening motion to consider a 
  measure at any time after the House has adopted a special order 
  providing for its consideration, unless the resolution specifies 
  otherwise. Manual Sec. 862. Since this rule was adopted, it has become 
  a frequently used mechanism for resolving into the Committee for the 
  consideration of nonprivileged bills and even, on occasion, of general 
  appropriation bills.

                Resolving Automatically Into the Committee

      The House automatically and without motion resolves itself into 
  the Committee of the Whole to consider a measure:

     When a special rule from the Committee on Rules provides for 
         the immediate consideration of the measure in the Committee of 
         the Whole. 7 Cannon Secs. 783, 794; Deschler Ch 19 Sec. 4.1.
     After the Speaker has ruled on words taken down in the 
         Committee during the consideration of the measure. Deschler Ch 
         19 Sec. 4.8.
     After a recommendation of the Committee that the enacting 
         clause of the measure be stricken is rejected by the House. 
         Deschler Ch 19 Sec. 10.9.
     When a bill on the Union Calendar is timely called up (or is 
         the unfinished business) on Calendar Wednesday. 7 Cannon 
         Secs. 939, 940, 942; Manual Sec. 898.

[[Page 283]]

  Sec. 6 . -- By Motion

      The House may resolve into Committee of the Whole pursuant to 
  motion (Deschler Ch 19 Sec. 4), as follows:

      Member: Mr. Speaker, I move that the House resolve itself into the 
    Committee of the Whole House on the state of the Union for the 
    [further] consideration of  __________.

      This motion is listed eighth in the daily order of business 
  (Manual Sec. 878), but the motion is usually given more preferential 
  status by the adoption of a special rule reported from the Committee 
  on Rules (Deschler Ch 19 Sec. 4). Where a motion that the House 
  resolve itself into the Committee of the Whole is pending, the motion 
  that the Committee be discharged and that the bill be laid on the 
  table is not preferential and not in order. Deschler Ch 19 Sec. 4.13. 
  And the question of consideration may not be raised against the motion 
  to resolve into the Committee, for the motion to resolve is itself a 
  test of the will of the House on consideration. Deschler Ch 19 
  Sec. 4.10.
      A Member may withdraw his motion that the House resolve itself 
  into the Committee of the Whole at any time before the motion is acted 
  upon. Deschler Ch 19 Sec. 4.11.
      A motion to resolve into the Committee of the Whole to consider 
  general appropriation bills is in order on any day under Rule XVI 
  clause 9, by direction of the Appropriations Committee. Manual 
  Sec. 802. The motion is in order under this rule on District Mondays 
  (8 Cannon Secs. 876, 1123; Manual Sec. 802), and on Wednesdays subject 
  to the limitations of the Calendar Wednesday rule (Manual Sec. 802).
      The motion is highly privileged. 4 Hinds Sec. 3080. Rule XI clause 
  4(a) (Manual Sec. 726) bestows the same status on joint resolutions 
  continuing appropriations if reported before September 15 preceding 
  the fiscal year to which the resolution applies. The use of the motion 
  to consider revenue bills in the Committee was held to be of equal 
  privilege, but this ruling was made prior to the change in Rule XI 
  clause 4, which eliminated the privilege conferred on the Ways and 
  Means Committee to report revenue measures at any time. Deschler Ch 19 
  Sec. 4, note 17. There no longer is a privileged status for the motion 
  to resolve into Committee of the Whole to consider bills raising 
  revenue. Manual Sec. 802.
      Although highly privileged, the motion does not take precedence 
  over a motion to reconsider (4 Hinds Sec. 3087), or a motion to change 
  the reference of a bill (7 Cannon Sec. 2124).
      The motion to resolve into the Committee of the Whole under Rule 
  XVI clause 9 is neither debatable nor amendable (4 Hinds Sec. 3078); 
  it is not

[[Page 284]]

  subject to a demand for the previous question (4 Hinds Sec. 3077), and 
  may not be laid on the table or indefinitely postponed (6 Cannon 
  Sec. 726).
      After refusing to go into Committee of the Whole to consider a 
  particular bill, the House may then consider business prescribed by 
  the regular order. 4 Hinds Sec. 3088. Thus the House may reach 
  legislation of lesser privilege by rejecting the motion to resolve 
  into the Committee to consider an appropriation bill. Deschler Ch 19 
  Sec. 4.4. Nonprivileged matters are considered in the Committee of the 
  Whole pursuant to a special rule from the Committee on Rules or 
  pursuant to a unanimous-consent request.


  Sec. 7 . The Chairman

      The Chairman of the Committee of the Whole is appointed by the 
  Speaker. Manual Sec. 861a. Following a custom of the British 
  Parliament (Deschler Ch 19 Sec. 5), the House requires the Speaker 
  ``in all cases'' to leave the Chair after appointing the Chairman. 
  Manual Sec. 861a. Where the Member named by the Speaker to act as 
  Chairman is unavailable, the Speaker may ask another Member to assume 
  the Chair as Chairman pro tempore. Where the Member appointed to 
  preside over the Committee is a female Member, the proper form of 
  address is ``Madam Chairman.'' 93-1, Sept. 20, 1973, p 30592.
      In general, the Chairman recognizes for debate and decides 
  questions of order arising in the Committee independently of the 
  Speaker. Deschler Ch 19 Sec. 5.1. Where words are ``taken down'' in 
  debate, the Chairman reports them to the Speaker who rules on their 
  admissibility (see Manual Sec. 761, and Sec. 16, infra); otherwise, 
  points of order relating to procedure in the Committee are decided by 
  the Chairman rather than the Speaker. 5 Hinds Sec. 6927. An appeal 
  from the Chairman's ruling may be made to the full Committee (5 Hinds 
  Sec. 6928; Deschler Ch 19 Sec. 9.1), or, in exceptional cases, the 
  Committee may rise and report the question to the House (4 Hinds 
  Sec. 4783).
      The Chairman has a duty to call to order any Member who violates 
  the privileges of debate (8 Cannon Sec. 2515) even in the absence of 
  any suggestion from the floor (8 Cannon Sec. 2520). And he may cause 
  the galleries or lobbies to be cleared in case of disturbance or 
  disorderly conduct. Manual Sec. 861a.
      The Chairman directs the Committee to rise when the hour 
  previously fixed for adjournment arrives or when the hour fixed by the 
  House for termination of the consideration of the bill in Committee 
  arrives. 4 Hinds Sec. 4785; 8 Cannon Sec. 2376.

[[Page 285]]

  Sec. 8 . -- Limitations on Jurisdiction and Authority

      The functions of the Chairman of the Committee of the Whole are 
  not unlimited; certain determinations are reserved to the Speaker, the 
  House, or the Committee itself. Thus the Chairman does not:

     Recognize for requests to suspend the rule governing 
         admissions to the floor. 5 Hinds Sec. 7285.
     Decide whether the Committee may sit in executive session. 
         Deschler Ch 19 Sec. 7.18.
     Rule on the sufficiency or legal affect of committee reports. 
         Deschler Ch 19 Sec. 7.17.
     Rule on questions of constitutionality. Deschler Ch 19 
         Secs. 7.1-7.3, 8.10.
     Pass on the merits of a legislative proposition. Deschler Ch 
         19 Sec. 7.4.
     Interpret the consistency of a provision in a bill with 
         existing law. Deschler Ch 19 Sec. 7.5.
     Pass on the legal effect of funding limitations that do not 
         appear in the pending bill. Deschler Ch 19 Sec. 7.16.
     Rule on the consistency of amendments. Deschler Ch 19 
         Secs. 8.6-8.9.
     Construe the general meaning or effect of an amendment 
         (Deschler Ch 19 Secs. 8.1-8.4) or rule on whether it is 
         ambiguous (Deschler Ch 19 Sec. 8.5).
     Rule on hypothetical questions. Deschler Ch 19 Secs. 7.6-7.8.
     Determine issues not presented in a point of order. Deschler 
         Ch 19 Sec. 6.1.
     Construe the result of a vote. 87-1, Sept. 13, 1961, p 19206.
     Interpret the rules or procedures of the Senate. Deschler Ch 
         19 Sec. 7.19.
     Entertain requests to change an order of the House governing 
         the consideration of the measure in the Committee. 8 Cannon 
         Sec. 2323; Manual Sec. 877.
     Rule on the propriety of amendments including in a motion to 
         recommit with instructions. 98-1, July 28, 1983, pp 21470, 
         21471.
     Respond to inquiries concerning the legislative schedule 
         outside the Committee of the Whole. 97-2, July 29, 1982, p 
         18605.
     Rule on procedural questions that may arise when a bill is 
         reported back to the House (Deschler Ch 19 Sec. 7.10) or 
         predict what action may take place in the House after the 
         Committee rises (Deschler Ch 19 Sec. 7.9).
     Determine the vote required to adopt a resolution in the 
         House. Deschler Ch 19 Sec. 7.13.
     Determine whether the House can rescind a time limitation 
         imposed by the Committee. Deschler Ch 19 Sec. 7.12.
     Determine whether or when a pending bill will be taken up 
         again after the Committee rises. Deschler Ch 19 Secs. 7.14, 
         7.15.

[[Page 286]]

                 B. Consideration and Debate in Committee


  Sec. 9 . In General; Quorums

                                 Generally

      The conditions under which a particular measure is to be 
  considered and debated are ordinarily determined under Rule XXIII 
  clause 1 or pursuant to a special rule from the Committee on Rules or 
  other House order. The Committee of the Whole may not set aside or 
  modify such an order (4 Hinds Secs. 4712, 4713; 8 Cannon Secs. 2321, 
  2322; Deschler Ch 19 Sec. 15), even by unanimous consent (8 Cannon 
  Secs. 2550-2552); Manual Sec. 877.

                            Quorum Requirements

      Until 1890, a quorum of the Committee of the Whole was the same as 
  a quorum of the House. Manual Sec. 329. In that year, a rule was 
  adopted fixing a quorum of the Committee of the Whole at 100 Members. 
  Manual Sec. 863. Where the Chair has announced the absence of a quorum 
  in the Committee of the Whole, no further business may be conducted 
  until a quorum is established. 96-1, Sept. 6, 1979, p 23355. And when 
  a vote is taken in Committee of the Whole notwithstanding the absence 
  of a quorum, a timely point of order having been made, the vote is 
  invalid. 6 Cannon Secs. 676, 677. However, a quorum is inferred (or 
  presumed) if no question is raised with respect thereto; that is, a 
  quorum is presumed to be present unless otherwise determined. See 4 
  Hinds Sec. 2895; 6 Cannon Secs. 565, 624.
      Under the modern practice, when a Committee of the Whole finds 
  itself without a quorum, and a timely point of order is made, the 
  Chairman directs that the Members record their presence by electronic 
  device. Manual Sec. 863. It is a quorum of the Committee--100 
  Members--and not a quorum of the House, which must appear. 89-2, Oct. 
  12, 1966, p 26247. In ascertaining the presence of a quorum, the 
  Chairman includes those present but not voting as well as those 
  Members voting. 6 Cannon Secs. 641, 671; Deschler Ch 20 Sec. 7.7.
      Where, following a timely point of order, the Chair announces that 
  a quorum is not present, a motion that the Committee rise is in order 
  and does not require a quorum for adoption. 8 Cannon Sec. 2369. 
  Deschler Ch 20 Sec. 7.13. If a quorum develops on a negative vote on 
  the motion, the Committee proceeds with its business. 6 Cannon 
  Secs. 670, 671; 8 Cannon Sec. 2369. Motions to rise generally, see 
  Secs. 26-28, infra.
      The House rules (Rule XXIII clause 2) have sharply limited the 
  circumstances under which a no-quorum point of order may be raised 
  once the House has resolved into Committee. After the roll has once 
  been called in

[[Page 287]]

  that Committee of the Whole to establish a quorum on any given day (or 
  if a quorum was disclosed on a recorded vote), the Chairman may not 
  thereafter entertain a point of order that a quorum is not present 
  unless (1) the Committee is operating under the five-minute rule and 
  (2) the Chairman has put the pending motion or proposition to a vote. 
  Manual Sec. 863. During general debate, there is no requirement of a 
  quorum; but the Chairman is given the discretion to recognize for a 
  point of no quorum. Rule XXIII clause 2(a).
      The Chairman 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; the fact that a quorum of the 
  Committee has previously been established on another bill on that day 
  is irrelevant. 98-2, Sept. 19, 1984, p 26082. Where a recorded vote on 
  a prior amendment or motion during the five-minute rule on that bill 
  on that day has established a quorum, a subsequent point of no quorum 
  during debate is precluded except by unanimous consent. 99-2, June 25, 
  1986, p 15551; 102-2, June 3, 1992, p ____.


  Sec. 10 . First Reading

      When a bill is taken up in the Committee of the Whole, its reading 
  in full may be demanded before general debate begins, unless such 
  reading has been properly waived or dispensed with. 95-1, Apr. 28, 
  1977, p 12635. Such a reading may be demanded before general debate 
  begins even though the bill may have just been read in the House. 4 
  Hinds Sec. 4738.
      The first reading of a bill in Committee of the Whole is normally 
  dispensed with by unanimous consent (95-2, May 17, 1978, p 14147) or 
  pursuant to a special rule from the Committee on Rules (95-2, Sept. 
  29, 1978, p 32662). A motion to dispense with the first reading of the 
  bill is not in order. 8 Cannon Secs. 2335, 2436; 95-1, Apr. 28, 1977, 
  p 12635.


  Sec. 11 . General Debate

                           Control by the House

      The duration and allocation of time for general debate in 
  Committee of the Whole is controlled by the House, not the Committee. 
  91-2, Dec. 17, 1970, p 42222. The Committee may not, even by unanimous 
  consent, extend the general debate time as fixed by the House. 96-2, 
  Feb. 22, 1980, p 3564; Manual Sec. 877.
      The control of the House over general debate time in the Committee 
  of the Whole may be exercised through the adoption of a unanimous-
  consent request (90-2, June 27, 1968, p 19105) or through the adoption 
  of a

[[Page 288]]

  special rule from the Committee on Rules (89-2, Sept. 26, 1966, pp 
  23785, 23946). Thus, the House may by unanimous consent limit the 
  general debate to a time certain and provide that at the conclusion of 
  that debate the Committee shall rise (88-1, Apr. 9, 1963, pp 6044, 
  6073) or it may limit the time for general debate and divide that time 
  among certain members (90-2, June 27, 1968, p 19105). The House having 
  divided general debate time among certain Members, it is not in order 
  for a Member to whom time has been yielded to ask unanimous consent 
  for additional time, for time is controlled by those to whom it is 
  allotted by the House and is not subject to extension by the 
  Committee. 91-2, Dec. 17, 1970, p 42222.
      When the House has vested control of general debate in the 
  Committee in certain Members, their control may not be abrogated 
  during that debate by another Member moving to rise, unless one of 
  them yields for that purpose (90-1, May 25, 1967, p 14121), nor may 
  Members yielded time in general debate yield to another for such 
  motion (81-2, Feb. 22, 1950, p 2178).

                               The Hour Rule

      In the absence of a House order limiting general debate in 
  Committee of the Whole, debate in the Committee is under the hour 
  rule. 91-1, July 28, 1969, p 20850. A Member having control of such 
  time may not consume more than one hour. 87-2, Mar. 6, 1962, p 3484; 
  91-1, July 29, 1969, pp 21174-78.
      Prior to 1841, there was no limit on the time which a Member might 
  occupy when once in possession of the floor in the Committee of the 
  Whole. Under this practice, the inability of the Committee to complete 
  action on bills had become a serious problem. 5 Hinds Sec. 5221. In 
  that year, the rule of the House that no Member could speak for more 
  than one hour (Manual Sec. 758) was applied to the Committee of the 
  Whole (Manual Sec. 870). This one-hour limitation is applicable to 
  each Member recognized to speak in the Committee. Deschler Ch 19 
  Sec. 15. No matter how much time may have been placed within the 
  control of those representing the two sides of a question, it must be 
  assigned to Members in accordance with the rule limiting each Member 
  to no more than one hour of debate time. 5 Hinds Secs. 5005, 5006. 
  However, a Member recognized for one hour of debate may yield time to 
  a Member who has just occupied an hour in his own right. 8 Cannon 
  Sec. 2470.

                               Yielding Time

      A Member engaged in general debate under the hour rule in 
  Committee of the Whole may yield any portion of his time to another 
  Member, who

[[Page 289]]

  may in turn yield to a third with the consent of the Member originally 
  holding the floor. 8 Cannon Sec. 2553. Of course, if the first Member 
  retains control of the floor, yielding to a second Member only for a 
  question, it is the first Member who would subsequently yield to a 
  third. Deschler Ch 19 Sec. 15. Conversely, where a matter is being 
  debated pursuant to a special order vesting control of the time for 
  debate in certain Members, one of those Members may yield a specific 
  block of time to a second Member, in which case the second Member may 
  yield to a third while remaining on his feet, and permission of the 
  first Member is not necessary. Deschler Ch 19 Sec. 15.
      Members may speak in general debate on a bill as many times as 
  they are yielded to by those in control of the debate (Deschler Ch 19 
  Sec. 15.8), and those in control of such debate time may yield as many 
  times as they desire to whom they desire (Deschler Ch 19 Sec. 15.4).


  Sec. 12 . -- Closing General Debate

      General debate in Committee of the Whole is closed or terminated 
  pursuant to House order (Manual Sec. 870; see also 5 Hinds Sec. 5221) 
  or sooner if no Member desires to participate further (4 Hinds 
  Sec. 4745). Amendments may not be offered in the Committee until 
  general debate has been closed or yielded back (4 Hinds Sec. 4744; 5 
  Hinds Sec. 5221), and motions for the disposition of the pending bill 
  are not in order before that time (4 Hinds Sec. 4778). However, those 
  Members in control of the time for general debate need not use all of 
  the time for the purpose prescribed by House order, but may agree 
  among themselves to close further general debate, yield their 
  remaining time, and begin consideration of the bill under the five-
  minute rule. 89-2, Sept. 26, 1966, pp 23785, 23946; 96-1, May 4, 1979, 
  p 9918.
      For general discussion of the practice of limiting or closing 
  general debate, see Consideration and Debate.


  Sec. 13 . Debate Under the Five-minute Rule; Amendments

                                 Generally

      Amendments to measures pending in Committee of the Whole are in 
  order following the close of general debate. Deschler Ch 19 Sec. 15. 
  Amendments are offered under the so-called five-minute rule. This rule 
  provides that any Member ``shall be allowed'' five minutes to explain 
  any amendment he may offer, after which the Member who first obtains 
  the floor is allowed five minutes to oppose it. Manual Sec. 870. 
  Thereafter, a Member may obtain five minutes for debate by offering 
  the pro forma amendment ``to strike the last word'' no actual 
  amendment being contemplated. Manual Sec. 873a. Pro forma amendments, 
  generally, see Sec. 14, infra.

[[Page 290]]

      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. 98-2, July 31, 1984, p 21701. To guard against abuse 
  of the rule by Members offering an amendment for the sole purpose of 
  gaining debate time (5 Hinds Sec. 5221), the rule itself provides that 
  amendments may be withdrawn only by unanimous consent. Manual 
  Sec. 870.
      The five-minute rule is applicable to amendments that are offered 
  to amendments. Manual Sec. 870. But where an amendment to a bill has 
  been offered, the right to explain or oppose that amendment has 
  precedence of a motion to amend it. 4 Hinds Sec. 4751.
      Limiting or closing five-minute debate, see Consideration and 
  Debate.

                  Yielding Time During Five-minute Debate

      Members who have been recognized for debate under the five-minute 
  rule may not yield time to another Member and be seated. 100-1, Dec. 
  10, 1987, p 34686. Although a Member recognized in debate under the 
  rule may yield to another Member while remaining on his feet, he may 
  not yield designated amounts of time. 5 Hinds Secs. 5036, 5037; 
  Deschler Ch 19 Sec. 15. And he may not yield to another Member to 
  offer an amendment. 93-1, Dec. 12, 14, 1973, pp 41171, 41716; 94-2, 
  Sept. 8, 1976, p 29243.
      Where debate on an amendment is limited or allocated by special 
  order to a proponent and an opponent, the five-minute rule is 
  abrogated and the Members controlling the debate may yield and reserve 
  time; but debate time on an amendment under the five-minute rule 
  cannot be reserved. 101-2, Aug. 1, 1990, p ____.

                           Reading for Amendment

      In Committee of the Whole, bills are read for amendment pursuant 
  to a practice dating from 1789. As a general rule, legislative bills 
  have been considered by sections, because each section normally 
  contains a substantive legislative provision. General appropriation 
  bills, on the other hand, are ordinarily read by paragraphs, because 
  such bills are normally drafted so that each paragraph concludes with 
  an appropriation. This practice of reading by paragraphs has also been 
  extended to revenue measures. 8 Cannon Secs. 2340, 2347. But whether a 
  bill shall be read by paragraphs, sections, subsections, or titles is 
  often determined by special rule reported by the Committee on Rules, 
  which may provide that the bill is to be ``considered as read,'' and 
  open to amendment at any point. See, for example, 93-2, Aug. 7, 1974, 
  p 27258.

[[Page 291]]

      When a paragraph or section has been passed in the reading it is 
  not in order to return thereto (4 Hinds Secs. 4742, 4743) except by 
  unanimous consent (4 Hinds Sec. 4746; 97-2, Nov. 30, 1982, p 28066). 
  But the Chairman may direct a return to a section where, through his 
  inadvertence, no action was had on a pending amendment. 4 Hinds 
  Sec. 4750.


  Sec. 14 . -- Pro Forma Amendments

                                 Generally

      Pro forma amendments have been permitted in the Committee of the 
  Whole since at least as early as 1868, when they were used during the 
  consideration of articles of impeachment against President Andrew 
  Johnson. 5 Hinds Sec. 5778. Pro forma amendments are those offered 
  during debate under the five-minute rule to make some superficial 
  change in a measure--by tradition ``to strike the last word''--where 
  the underlying purpose is to obtain time for debate or to offer an 
  explanation, no actual change in the measure being contemplated. 
  Deschler Ch 19 Sec. 15.

                               When in Order

      Like substantive amendments, pro forma amendments are in order 
  following the reading of the section or paragraph of the pending 
  measure. See Amendments. But pro forma amendments are not in order 
  when a bill is being considered under a ``closed'' rule prohibiting 
  all amendments unless the rule specifies to the contrary. 87-2, Oct. 
  5, 1962, p 22636; 95-1, Oct. 13, 1977, p 33637. Such amendments are 
  also subject to the standing rule precluding amendments in the third 
  degree. Thus, if the point is raised, a pro forma amendment is not in 
  order during consideration of an amendment to a substitute, being in 
  the third degree. 5 Hinds Sec. 5779.

                              When Permitted

      Pro forma amendments are liberally permitted during debate under 
  the five-minute rule. Thus, while a Member may not speak twice on the 
  same amendment, a Member may speak in opposition to a pending 
  amendment and subsequently offer a pro forma amendment and debate that 
  (Deschler Ch 19 Sec. 15.9); and a Member who has debated a substantive 
  amendment may thereafter rise in opposition to a pro forma amendment 
  thereto (Deschler Ch 19 Sec. 15.10). However, a Member who has 
  occupied five minutes on a pro forma amendment may not lengthen this 
  time by making another pro forma amendment. 5 Hinds Sec. 5222; 8 
  Cannon Sec. 2560; Deschler Ch 19 Sec. 15. And a Member who has offered 
  a substantive amendment and then debated it for five minutes may not 
  extend his time by offering a pro forma

[[Page 292]]

  amendment, as it is not in order for the offerer of an amendment to 
  amend his own amendment except by unanimous consent. Manual Sec. 873a. 
  Conversely, a Member recognized on a pro forma amendment may not 
  automatically extend his time by offering a substantive amendment, not 
  having been recognized for that purpose. Deschler Ch 19 Sec. 15.11.


  Sec. 15 . Relevancy in Debate

                              General Debate

      During general debate in the Committee of the Whole, a Member need 
  not confine himself to the subject. 5 Hinds Secs. 5234-5238; 93-2, 
  June 28, 1974, p 21743. During this period, the House rules allow 
  extraordinary freedom and latitude in debate. ``Anything may be 
  discussed which may by the liveliest imagination be supposed to relate 
  to the state of the Union in any particular or any degree, however 
  remote.'' 8 Cannon Sec. 2590. But such latitude in general debate is 
  normally limited by a special rule from the Committee on Rules or 
  other House order. See 93-2, June 28, 1974, p 21743. If the bill is 
  being considered under the terms of a special rule which requires that 
  debate be confined to the bill, a Member may proceed out of order only 
  by unanimous consent. 90-1, Nov. 27, 1967, p 33772.

                            Five-minute Debate

      The scope of debate under the five-minute rule is more narrowly 
  confined than is allowed in general debate. In five-minute debate, the 
  Member recognized is confined to the pending subject. 5 Hinds 
  Secs. 5240-5256; 8 Cannon Sec. 2591. He must confine himself to the 
  subject of the amendment and its relation to the bill. A discussion of 
  amendments which may be offered at a later time is not in order. See 
  Consideration and Debate. This is due in part to the language of the 
  applicable rule, which states that a Member is to be allowed five 
  minutes ``to explain'' an offered amendment. Manual Sec. 870. This 
  rule has been strictly construed. A Member yielded to may speak out of 
  order, on a matter not relevant to the pending measure or amendment, 
  only by unanimous consent. 98-1, Apr. 28, 1983, p 10432. And it has 
  been held that remarks on the general merits of the bill are not in 
  order as ``explaining'' an amendment, and remarks touching on the 
  demerits of the bill are not in order as opposing an amendment. 5 
  Hinds Sec. 5242.
      The rule confining debate under the five-minute rule to the 
  subject is applicable even to pro forma amendments. 8 Cannon 
  Sec. 2591. Debate on a pro forma amendment must be confined to the 
  portion of the bill to which the pro forma amendment has been offered. 
  93-2, June 21, 1974, p 20595.

[[Page 293]]

  However, a Member may move to strike the last word and then ask 
  unanimous consent to speak out of order. 98-1, June 8, 1983, p 14860.


  Sec. 16 . Calling Members to Order

      Jefferson suggested that, as a matter of parliamentary law, to 
  avert the ``danger of a decision by the sword'' in the Committee of 
  the Whole, the Speaker could take the Chair to restore order. Manual 
  Sec. 331. In several early instances, the Speaker did in fact exercise 
  this authority. 2 Hinds Secs. 1648-1652. Under the modern practice, 
  the Chairman directs the Committee of the Whole to rise and report to 
  the House when objections have been made under the House rules (Manual 
  Sec. 861b) for words spoken in debate. See 8 Cannon Secs. 2533, 2538; 
  Deschler Ch 19 Sec. 17.
      Under this procedure, when a Member is called to order by the 
  Chairman he must take his seat. Deschler Ch 19 Sec. 17.1. If 
  unparliamentary language is used, the Chair or any Member may cause 
  the words to be taken down at the Clerk's desk and read in the 
  Committee, which then rises automatically and without debate. 8 Cannon 
  Secs. 2533, 2538, 2539; 98-1, May 26, 1983, p 14048. The words are 
  then reported to the House, and are again read. 2 Hinds Secs. 1257-
  1259. The words reported are then taken up in the House, with 
  consideration being limited to the words reported. 8 Cannon Sec. 2528. 
  The Member uttering the words may withdraw them, but this is permitted 
  at this time only by unanimous consent. 8 Cannon Secs. 2528, 2538, 
  2540; Deschler Ch 19 Sec. 17.7. The Speaker then rules on whether the 
  words are unparliamentary. Deschler Ch 19 Sec. 17.5. 78-1, Dec. 20, 
  1943, p 10922. It has been held that the Speaker's ruling on the 
  propriety of the words taken down is not subject to appeal. 98-1, May 
  26, 1983, p 14049. However, under the modern practice, such appeals 
  have been frequently permitted. 5 Hinds Secs. 5157, 5178, 5194; 78-1, 
  Dec. 20, 1943, p 10922.
      Motions in the House to strike the words from the Record, if held 
  out of order, and to proceed in order, are available before the 
  Committee resumes its sitting. Instances of disorder during debate in 
  the Committee may be disposed of in the House pursuant to a motion to 
  expunge the offending language from the Record (8 Cannon Secs. 2538, 
  2539), or, in especially flagrant instances, pursuant to a resolution 
  of censure (2 Hinds Secs. 1257, 1259).
      After disposition of the matter in the House, the Committee of the 
  Whole automatically resumes sitting. 8 Cannon Sec. 2541; Deschler Ch 
  19 Sec. 17.5; Manual Sec. 761.
      For general discussion of disorder in debate, see Consideration 
  and Debate.

[[Page 294]]

  Sec. 17 . Voting

      The methods and procedures by which Members vote in Committee of 
  the Whole are prescribed by the House rules. See particularly Rule I 
  clause 5. They include:

     Voice vote--Based on volume of sound of Members responding aye 
         or no. See Manual Sec. 629.
     Division (or standing) vote--May be invoked by the Chair or 
         any Member, and is in order following a voice vote. Under this 
         procedure, Members divide to be counted, with those first 
         standing who are in favor, then those in the negative. Manual 
         Sec. 629.
     Recorded vote--The Members insert a personalized electronic 
         voting card to be recorded as ``yea,'' ``nay,'' or ``present.'' 
         The request for such a vote must be supported by at least 25 
         Members. Rule XXIII clause 2b.
     Recorded vote by clerks or a ``roll call''--The Members cast 
         their votes by depositing a signed green (yea) or red (no) card 
         in a ballot box. This procedure has been largely supplanted by 
         the use of the electronic voting equipment, and is used only as 
         a backup voting system when that equipment becomes inoperative. 
         See 92-1, Feb. 25, 1971, p 3833. Or in the alternative as a 
         backup, the Chair may direct the Clerk to call the roll 
         alphabetically.

      The demand which may be made in the House under the Constitution 
  for the yeas and nays is not in order in Committee of the Whole. 4 
  Hinds Secs. 4722, 4723; 95-1, June 2, 1977, p 17292.
      Voting procedures generally are discussed elsewhere. See Voting.


  Sec. 18 . Points of Order

                                 Generally

      In Committee of the Whole, questions of order relating to 
  procedure (except for words taken down) are decided by the Chairman, 
  not the Speaker. 5 Hinds Secs. 6927, 6928; Deschler Ch 19 Sec. 19. 
  Manual Sec. 861b. The Speaker cannot rule on a point of order arising 
  in the Committee unless the point of order is reported to the House 
  for a decision. 5 Hinds Sec. 6987. Appeals from a decision of the 
  Chairman on a point of order are ordinarily resolved in the Committee, 
  but in rare cases an appeal from a decision on a point of order may be 
  reported to the House for its determination. 4 Hinds Sec. 4783.
      Debate on a point of order raised in the Committee is within the 
  discretion of the Chairman and must be confined to the point of order. 
  Deschler Ch 19 Sec. 19.2.

[[Page 295]]

                               When in Order

      Generally, points of order in the Committee of the Whole against a 
  provision in a bill or amendment are properly made when that provision 
  or amendment is reached in the reading. Points of order against bills 
  in their entirety are normally in order when they are called up. 
  Deschler Ch 19 Sec. 20. A point of order against an amendment comes 
  too late after there has been debate on the amendment. 90-1, July 29, 
  1967, p 19417; 93-1, May 10, 1973, p 15320. And once the amendment has 
  been agreed to in Committee and reported to the House, a point of 
  order against it is ordinarily untimely, the proper time being at the 
  point the amendment was offered in Committee. 92-2, June 1, 1972, pp 
  19479, 19483. See, however, Rule XXI clause 5, permitting the raising 
  ``at any time'' of a point of order against a bill carrying 
  appropriations or a tax or tariff if the bill was reported by a 
  committee not having jurisdiction to report such matters. Manual 
  Sec. 846a. Generally, see Appropriations.
      Some points of order against bills are properly raised in the 
  House and may not subsequently be raised in Committee of the Whole. 
  Such points of order come too late in the Committee, and should be 
  raised in the House against consideration of the bill pending the 
  motion to resolve into the Committee. Deschler Ch 19 Sec. 20. This 
  rule has been applied to points of order against consideration of the 
  measure for:

     Violations of committee reporting requirements, such as the 
         Ramseyer rule (that proposed changes in law be indicated 
         typographically). Deschler Ch 19 Secs. 20.1-20.3. Manual 
         Sec. 745.
     Printing requirements prior to floor consideration of 
         measures. Deschler Ch 19 Sec. 20.4.

      Points of order generally are discussed elsewhere in this work 
  (see Points of Order; Parliamentary Inquiries), as are points of order 
  relating to particular measures or matters. See, for example, 
  Appropriations. Conference reports, see Conferences Between the 
  Houses.


  Sec. 19 . Unfinished Business

      Business unfinished when the Committee of the Whole rises remains 
  unfinished, to be considered first in order when the House next goes 
  into the Committee to consider that business. 4 Hinds Secs. 4735, 
  4736. See also Unfinished Business. Thus, when the Committee rises 
  before the time fixed for debate expires, debate continues when the 
  Committee resumes its deliberations. Deschler Ch 19 Sec. 26.1. And 
  when a recommendation of the Committee that the enacting clause of a 
  bill be stricken is rejected by the

[[Page 296]]

  House, the House, without motion, resolves itself into the Committee 
  for the further consideration of the bill. Deschler Ch 19 Sec. 26.2.
      Absent a special rule to the contrary, when the Committee rises on 
  the adoption of a simple motion to rise, a bill pending at that time 
  remains the unfinished business for subsequent consideration in the 
  Committee. 95-2, May 12, 1978, p 13504. Similarly, if such a motion 
  intervenes pending a request for a recorded vote, that request remains 
  the pending business upon resumption of consideration of the bill in 
  Committee. 95-1, Sept. 30, 1977, p 31718; 97-1, July 15, 1981, p 
  15921.


                      C. Motion Practice in Committee


  Sec. 20 . In General

                             Motions Permitted

      The principle motions used in Committee of the Whole are:

     Motions to amend under the five-minute rule. Manual Sec. 870. 
         See also Sec. 13, supra.
     Motions to dispense with the reading of an amendment printed 
         in the bill as reported or as printed in the Record and 
         properly and timely submitted. Manual Sec. 873b.
     Motions to close five-minute debate. Manual Sec. 874. 
         Generally, see Consideration and Debate.
     Motions relating to the enacting clause. Manual Sec. 875. For 
         comprehensive discussion, see Sec. 22, infra.
     Motions to rise. Deschler Ch 19 Sec. 22. See also Sec. 26, 
         infra.

                          Motions Not Entertained

      The Committee of the Whole may not entertain motions involving 
  functions properly performed by the House. Of all the motions 
  specified by Rule XVI clause 4--to adjourn, to lay on the table, for 
  the previous question, to postpone, to refer, or to amend--only the 
  motion to amend is authorized in the Committee of the Whole. See 
  Manual Secs. 782 et seq. The Committee may not entertain a motion to:

     Limit general debate (as distinguished from five-minute 
         debate). Deschler Ch 19 Sec. 2. Generally, see Consideration 
         and Debate.
     Close general debate. 5 Hinds Sec. 5217; Manual Sec. 871.
     Dispense with the reading of a bill unless authorized pursuant 
         to a special rule from the Committee on Rules. Deschler Ch 19 
         Sec. 2.11.
     Return to a section of the bill passed in the reading. 
         Deschler Ch 19 Sec. 2.10.
     Effect a conference or instruct conferees. 8 Cannon 
         Secs. 2319, 2320; Deschler Ch 19 Sec. 2.

[[Page 297]]

     Order a call of the House. 8 Cannon Sec. 2369.
     Expunge remarks from the Record. Deschler Ch 19 Sec. 3.2.
     Order the previous question. 4 Hinds Sec. 4716; Deschler Ch 19 
         Sec. 2.6.
     Reconsider. 4 Hinds Secs. 4716-4718; 8 Cannon Secs. 2324, 
         2325; Deschler Ch 19 Sec. 2.5.
     Recommit. 4 Hinds Sec. 4721; 8 Cannon Sec. 2326.
     Postpone (Manual Sec. 786) or rise and resume sitting on a day 
         certain (Deschler Ch 19 Sec. 22.2).
     Lay on the table. 4 Hinds Secs. 4719, 4720; 8 Cannon 
         Sec. 2330; Deschler Ch 19 Sec. 2.7.
     Recess (absent permission of the House). 5 Hinds Secs. 6669-
         6671; 8 Cannon Sec. 3357; Deschler Ch 19 Sec. 2.
     Adjourn. Deschler Ch 19 Sec. 2.4.

                     Motions Recommending House Action

      As noted above, the motions to postpone, recommit, or lay on the 
  table, are not in order in the Committee of the Whole. However, under 
  certain circumstances, the Committee may entertain a motion to rise 
  and report with the recommendation that the House entertain such an 
  action. Whether such a motion will or will not lie in the Committee is 
  ordinarily determined by the terms of the special rule under which the 
  measure is being considered. If, for example, the special rule 
  provides that after consideration the Committee shall rise and report 
  the measure to the House, with the previous question to be considered 
  as ordered on the bill and amendments thereto to final passage, the 
  Committee may not report to the House a recommendation that the bill 
  be recommitted. Deschler Ch 19 Sec. 23.12. But if not precluded by 
  this language in the special rule ordering the previous question, the 
  Committee may entertain a motion to rise and report with:

     A recommendation that the consideration of the bill be 
         postponed. 4 Hinds Secs. 4765, 4774; 8 Cannon Sec. 2372; 
         Deschler Ch 19 Sec. 22.
     A recommendation that the bill be referred or recommitted. 4 
         Hinds Sec. 4774; Deschler Ch 19 Sec. 23.12.
     A recommendation that the bill lie on the table. 4 Hinds 
         Sec. 4777.

                    Requirement That Motions Be Written

      Although motions made in the Committee of the Whole are often put 
  forward orally, any Member may demand that a motion be made in 
  writing. Deschler Ch 19 Sec. 2.1 (motion to rise); 95-1, May 18, 1977, 
  p 15418 (motion to limit debate under the five-minute rule).

                                Withdrawal

      A motion may be withdrawn in the Committee of the Whole only by 
  unanimous consent. 89-1, Mar. 26, 1965, p 6101. Thus, when an amend-

[[Page 298]]

  ment is offered, it can be withdrawn only by unanimous consent (5 
  Hinds Sec. 5221) whether or not debate has proceeded (8 Cannon 
  Sec. 2859). This principle has also been applied to the motion to 
  close debate under the five-minute rule (8 Cannon Sec. 2564) and to 
  the motion to recommend the striking of the enacting clause (98-1, 
  July 29, 1983, p 21675).


  Sec. 21 . Precedence of Motions

                              Motions to Rise

      As a motion of high privilege (Deschler Ch 19 Sec. 23.2), the 
  simple motion to rise is preferential (Deschler Ch 19 Sec. 23.1). It 
  takes precedence over motions to amend (4 Hinds Sec. 4770) and over 
  amendments pending under the five-minute rule (Deschler Ch 19 
  Sec. 23.3), though it may not interrupt other Members in debate. 
  Sec. 26, infra. The motion takes precedence over a demand for a 
  recorded vote on a pending amendment (95-1, Sept. 30, 1977, p 31718; 
  97-1, July 15, 1981, p 15921), and over a point of order of no quorum 
  pending such a demand (see 95-1, Sept. 21, 1977, p 30126). The simple 
  motion to rise also takes precedence over a pending motion to rise and 
  report with the recommendation that the enacting clause be stricken. 
  Deschler Ch 19 Sec. 11.13; 95-2, May 17, 1978, p 14183.

                  Motions Relating to the Enacting Clause

      The motion that the Committee rise and report to the House with 
  the recommendation that the enacting clause be stricken is of high 
  privilege. Deschler Ch 19 Sec. 10.4. The motion is preferential 
  because, if adopted, it constitutes a final disposition of the bill in 
  the Committee. Deschler Ch 19 Sec. 11.11, note. The motion may be 
  offered where another Member has been recognized to offer an amendment 
  (94-1, Apr. 23, 1975, p 11513) or when an amendment is pending (Manual 
  Sec. 875). The motion also takes precedence over a motion to limit 
  debate (93-1, Dec. 14, 1973, pp 41711-14), and over a motion to rise 
  and report with a favorable recommendation (8 Cannon Sec. 2620). See 
  also Sec. 22, infra.

                             Motions to Amend

      With one exception, a motion to amend a bill takes precedence over 
  a motion to rise and report the bill. 4 Hinds Secs. 4752-4758; 8 
  Cannon Sec. 2364; Deschler Ch 19 Sec. 23.14. The exception is in Rule 
  XXI clause 2(d) (Manual Sec. 834d), which specifies that when a 
  general appropriation bill has been read for amendment, a motion to 
  rise and report, if offered by the Majority Leader or his designee, 
  takes precedence of a ``limitation'' amendment.

[[Page 299]]

      The initial right of the opponent to explain an amendment offered 
  under the five-minute rule, or of a Member to rise in opposition 
  thereto, takes precedence over a motion to amend that amendment. 4 
  Hinds Sec. 4751.


  Sec. 22 . Motions Relating to Enacting Clauses

                Generally; Effect of Rejection or Adoption

      Every bill that becomes law contains the phrase: ``Be it enacted 
  by the Senate and House . . . in Congress assembled. . . .'' It is in 
  order to move that the Committee rise and report a bill back to the 
  House with the recommendation that this clause, known as the enacting 
  clause, be stricken out. 5 Hinds Secs. 5326-5346; 8 Cannon Secs. 2618-
  2638; Deschler Ch 19 Sec. 10. Such a motion is not, strictly speaking, 
  an amendment, since it can be dispositive of the entire bill. See 
  Deschler Ch 19 Sec. 10 (note 13). If the House agrees to the 
  recommendation, its action is equivalent to a rejection of the bill. 
  Manual Sec. 875; see also 5 Hinds Sec. 5326; Deschler Ch 19 Sec. 10.6. 
  If the House rejects the recommendation, it automatically resolves 
  itself back into the Committee for the further consideration of the 
  bill. Deschler Ch 19 Sec. 10.9.
      The motion must be in writing and in the proper form. 99-2, Aug. 
  15, 1986, p 22071; 99-2, Sept. 12, 1986, p 23178.

      Member: I move that the Committee do now rise and report the bill 
    back to the House with the recommendation that the enacting clause 
    (or the resolving clause) be stricken out. Deschler Ch 19 Sec. 10.2.

      Motions which deviate from this form are subject to a point of 
  order. Deschler Ch 19 Sec. 10.3. Thus, a simple motion to strike the 
  enacting clause, although at one time permitted in the Committee of 
  the Whole (5 Hinds Sec. 5332), is, under the modern practice, not in 
  proper form and not in order (Deschler Ch 19 Sec. 10.1). A motion to 
  strike ``all after the enacting clause'' is likewise out of order. 
  Deschler Ch 19 Sec. 10.3. And the recommendation that the enacting 
  clause be stricken may not be combined with a provision that the bill 
  be recommitted to a committee. Deschler Ch 19 Sec. 10.10.

                    Application to Particular Measures

      The motion that the Committee rise and report to the House the 
  recommendation that the enacting clause be stricken is applicable to 
  the enacting clause of a Senate-passed bill. 92-2, Oct. 4, 1972, p 
  33785; Deschler Ch 19 Sec. 10.14. The motion has also been used to 
  recommend the striking of the resolving clause of a simple resolution 
  (93-2, Oct. 7, 1974, p 34170), the resolving clause of a concurrent 
  resolution on the budget (96-1, May

[[Page 300]]

  9, 1979, p 10490), and the resolving clause of a joint resolution 
  (Deschler Ch 19 Sec. 11.4).

                          Who May Offer or Oppose

      A Member offering the motion to rise and report with the 
  recommendation that the enacting clause be stricken must qualify as 
  being opposed to the bill when challenged. Manual Sec. 876a; 95-1, 
  June 17, 1977, p 19719. A challenge being made, it is not in order for 
  a Member in favor of a bill to offer this motion. Deschler Ch 19 
  Sec. 12.2. If challenged, the Member offering the motion is required 
  to declare his opposition to the bill. Deschler Ch 19 Sec. 12.1. 
  Generally, in recognizing a Member for the motion, the Chair will 
  accept the statement of that Member that he is opposed to the bill. 
  Deschler Ch 19 Sec. 12.5. Similar rules are applied with respect to 
  the qualification of a Member to oppose the motion. To obtain 
  recognition to oppose the motion, a Member must qualify by stating 
  that he is opposed thereto. Deschler Ch 19 Sec. 12.11.
      The practice of offering the motion merely to obtain time for 
  debate, though subject to criticism (Deschler Ch 19 Sec. 12.10) has 
  been permitted (Deschler Ch 19 Secs. 12.8, 12.9).

                           Repetition of Motion

      A second motion on the same day to recommend the striking of the 
  enacting clause is not entertained in the absence of any material 
  modification of the bill. 8 Cannon Sec. 2636; Deschler Ch 19 
  Secs. 14.1, 14.2; compare 81-2, Jan. 3, 1950, p 6571. Although a 
  second motion is in order if the bill has been substantially amended 
  since disposition of the first motion (Deschler Ch 19 Sec. 14.4; 97-2, 
  July 21, 1982, p 17348), a second motion is not in order if the only 
  action of the Committee in the interim has been the rejection of a 
  proposed amendment to the bill (Deschler Ch 19 Sec. 14.5). Of course, 
  if the first such motion is withdrawn by unanimous consent, a second 
  motion relating to the enacting clause is in order. Deschler Ch 19 
  Sec. 14.7. And the motion may be renewed on a subsequent day 
  regardless of any modification of the bill. Deschler Ch 19 Sec. 14.8.


  Sec. 23 . -- When in Order

      The motion that the Committee rise and report with the 
  recommendation that the enacting clause be stricken is not in order 
  during general debate on the measure. Deschler Ch 19 Sec. 10. The 
  motion is in order only during the stage of amendment. 88-2, Aug. 7, 
  1964, p 18606. Thus, the motion is properly offered when the bill is 
  being read for amendment. Deschler Ch 19 Sec. 11.2. The motion is in 
  order after the Clerk has begun reading the bill

[[Page 301]]

  for amendment under the five-minute rule (95-2, May 17, 1978, p 
  14173), assuming that another Member has not obtained the floor for 
  purposes of debate (96-1, June 13, 1979, p 14710). The motion is no 
  longer in order when the stage of amendment is passed. And the stage 
  of amendment is passed in Committee where a bill is being considered 
  under a rule permitting only committee amendments, and where no 
  committee amendments are offered at the conclusion of general debate. 
  91-2, Apr. 16, 1970, p 12092. The adoption of an amendment in the 
  nature of a substitute may also foreclose the opportunity to offer the 
  motion. Deschler Ch 19 Sec. 11.6.


  Sec. 24 . -- Debate

                        Generally; Time Limitations

      The debate on a motion that the Committee of the Whole rise and 
  report with the recommendation that the enacting clause be stricken is 
  governed by the five-minute rule. 5 Hinds Secs. 5333-5335; 8 Cannon 
  Secs. 2628-2631; Deschler Ch 19 Sec. 13. Debate on the motion is thus 
  limited to 10 minutes, five minutes in favor and five minutes in 
  opposition. Deschler Ch 19 Sec. 13.1. The Chair has declined to 
  recognize for requests to extend the five-minute time (Deschler Ch 19 
  Sec. 13.2), and a Member may not extend his time by using time yielded 
  to him by unanimous consent under an allocation of time on the 
  remainder of the bill (94-1, June 24, 1975, p 20618). Debate is 
  limited to two five-minute speeches even though the proponent and the 
  Member in opposition both speak in favor of the motion. Deschler Ch 19 
  Sec. 13.3.
      Time may not be reserved. 102-1, May 22, 1991, p ____. Where a 
  Member recognized for five minutes in opposition to the motion yields 
  back his time another Member may not claim the unused portion thereof. 
  100-2, Mar. 3, 1988, p 3241.
      Members of the committee managing the bill have priority in 
  recognition for debate in opposition to the motion. 100-2, May 5, 
  1988, p 9955; 102-1, June 26, 1991, p ____.

                  Effect of Limitation of Time for Debate

      A limitation of all debate time on a bill and amendments thereto 
  to a time certain does not preclude debate on a motion to recommend 
  the striking of the enacting clause during the time remaining under 
  the limitation. 97-1, Oct. 5, 1981, p 23154. But the motion is not 
  debatable after all time for debate on the bill and all amendments 
  thereto has expired. Deschler Ch 19 Sec. 13.7. On the other hand, 
  where debate has been closed only as to amendments to a bill, and not 
  on the bill itself, a Member offering the mo-

[[Page 302]]

  tion to strike the enacting clause is entitled to five minutes to 
  debate that motion. 94-1, May 20, 1975, p 15465. A similar practice is 
  followed 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. 94-1, June 20, 1975, p 19966.

                              Scope of Debate

      Since the motion to rise and report with the recommendation that 
  the enacting clause be stricken applies to the entire bill, debate may 
  be directed to any part of the bill--or to a pending amendment--and 
  need not be confined to the merits of the preferential motion. 94-1, 
  June 20, 1975, p 19951; 97-2, July 29, 1982, p 18605. Thus, the motion 
  may be used by a Member to secure five minutes to debate a pending 
  amendment notwithstanding a limitation of time for debate on the 
  pending amendment and all amendments thereto. 94-1, June 20, 1975, p 
  19951. But the motion, while debatable as to the merits of the bill, 
  may not be debated on matters beyond its provisions. 5 Hinds 
  Sec. 5336.


                     D. Rising; Reporting to the House


  Sec. 25 . Generally

                 Formal and Informal Rising Distinguished

      When the Committee of the Whole terminates or suspends its 
  proceedings, it ``rises,'' either formally or informally. Deschler Ch 
  19 Sec. 21.1. When the Committee rises formally, it normally does so 
  by motion. Sec. 26, infra. When the Committee rises informally, it 
  does so by unanimous consent (4 Hinds Sec. 4788) or simply at the 
  direction of the Chairman without a formal motion from the floor 
  (Deschler Ch 19 Sec. 21.1).
      The Committee of the Whole may rise informally to permit the House 
  to transact unrelated business, such as the swearing in of a Member (4 
  Hinds Sec. 4791) or the receipt of a message (Deschler Ch 19 
  Sec. 21.1; Manual Sec. 330) or to lay down a signed enrolled bill. 
  Having no power to receive a message, the Committee rises informally 
  to permit the House to do so. 4 Hinds Sec. 4786; Manual Sec. 330. At 
  this rising, the House may not have the message read or transact other 
  business except by unanimous consent. 4 Hinds Secs. 4787-4791.

                     Effect of Special Rules or Orders

      The Committee of the Whole rises automatically and without motion 
  when it rises pursuant to a special rule providing that at the 
  conclusion of

[[Page 303]]

  consideration of the bill for amendment the Committee ``shall'' rise 
  and report back to the House (94-1, July 30, 1975, p 25881) or to a 
  House order limiting general debate to a time certain and providing 
  that the Committee rise at the conclusion of that time. Deschler Ch 19 
  Sec. 21.3. But a motion to rise is required to enable the Committee to 
  rise prior to the time fixed by the applicable special rule. 7 Cannon 
  Sec. 793.


  Sec. 26 . Motions to Rise

                             Generally; Forms

      The motion to rise in the Committee of the Whole is analogous to 
  the motion to adjourn in the House. In the Committee, the motion takes 
  two forms: (1) the simple motion to rise and (2) the motion to rise 
  and report. 4 Hinds Secs. 4766, 4767; Deschler Ch 19 Secs. 22.1, 
  23.13. The motions are expressed as follows:

      Mr. Chairman, I move that the Committee do now rise.
      Mr. Chairman, I move that the Committee do now rise and report the 
    bill back to the House with the recommendation that __________.

      The motion to rise and report may recommend to the House either a 
  favorable or adverse disposition of the bill. Or it may recommend that 
  the consideration of the reported measure be postponed, or that it be 
  recommitted or tabled, provided that such motion is not precluded by 
  the applicable special rule. Sec. 20, supra. As to the motion to rise 
  and report with the recommendation that the enacting clause be 
  stricken, see Sec. 22, supra.
      The motion to rise (or to rise and report) must be in writing if 
  the demand is made. Deschler Ch 19 Sec. 22.3. The simple motion to 
  rise does not require a quorum for adoption. 4 Hinds Secs. 2975, 2976; 
  Deschler Ch 19 Sec. 22.7; Manual Sec. 774c. But a quorum is required 
  on an affirmative vote on a motion to rise and report. See 4 Hinds 
  Sec. 2973. Neither motion is debatable. 4 Hinds Secs. 4766-4768; 
  Deschler Ch 19 Sec. 22.4. Either may be withdrawn by unanimous 
  consent. Deschler Ch 19 Sec. 22.9. They may not include restrictions 
  on the amendment process or limitations on future debate on 
  amendments. 101-2, June 6, 1990, p ____.


  Sec. 27 . -- When in Order

      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 another Member has the 
  floor. 99-2, Aug. 13, 1986, p 21215. The motion is in order 
  notwithstanding an informal

[[Page 304]]

  agreement among the floor managers of a bill to conclude consideration 
  at a different time (Deschler Ch 19 Sec. 23.4). The motion is in 
  order:

     Pending a decision on a point of order. Deschler Ch 19 
         Secs. 23.7, 23.8.
     After agreement to a motion to limit debate on an amendment. 
         Deschler Ch 19 Sec. 23.10.
     Pending a count of a quorum. Deschler Ch 19 Sec. 23.5.
     After the absence of a quorum has been ascertained and pending 
         a vote on an amendment (96-1, June 6, 1979, p 13648), but comes 
         too late when the Chair has announced the absence of a quorum 
         and the roll call has begun (91-2, Sept. 16, 1970, p 32229).
     Pending a demand for a record vote but prior to the time the 
         Chair begins the count to determine whether a sufficient number 
         support the demand. 94-1, Aug. 1, 1975, p 26947.

      A motion that the Committee of the Whole rise may be made between 
  the time an amendment is offered and read and before recognition of 
  its proponent for debate thereon. 97-1, May 12, 1981, pp 9320, 9323. 
  Where a special rule provides that the Committee rise and report at 
  the conclusion of the consideration of a bill for amendment, a motion 
  that the Committee rise and report the bill with certain amendments, 
  before the bill has been completely read for amendment, is not in 
  order, but a simple motion that the Committee rise is in order at that 
  time. 96-1, Dec. 5, 1979, pp 34755 et seq.


  Sec. 28 . -- Who May Offer

      In the Committee of the Whole, any Member may move to rise and the 
  Chairman is constrained to recognize for that purpose (8 Cannon 
  Sec. 2369), unless another Member controls the floor (Deschler Ch 19 
  Sec. 24.2). Although the motion may be offered by any Member entitled 
  to the floor in his own right (Deschler Ch 19 Sec. 23.1), the motion 
  is commonly made by the Member handling the bill before the Committee 
  (Deschler Ch 19 Secs. 22.5, 22.8). The motion may also be made by a 
  Member who holds the floor by virtue of having offered an amendment. 
  90-1, Nov. 15, 1967, p 32694.
      A Member holding the floor may not be interrupted by a motion to 
  rise even though he has not yet begun to speak. 8 Cannon Sec. 2370. A 
  Member may not, in time yielded to him for general debate, move that 
  the Committee rise (90-1, May 25, 1967, p 14121) or yield to another 
  for such a motion (81-2, Feb. 22, 1950, p 2178). But the majority or 
  minority member controlling the time for general debate may yield for 
  a motion that the Committee rise, and he may do so without losing his 
  right to continue at the next sitting of the Committee on the same 
  matter. 5 Hinds Secs. 5012, 5013.

[[Page 305]]

      As to precedence of a motion to rise and report a general 
  appropriation bill, if offered by the Majority Leader, over a 
  limitation amendment, see Sec. 21, supra.


  Sec. 29 . Reporting to the House

                                 Generally

      When a matter is concluded in the Committee of the Whole, it is 
  reported to the House. The permission of the House is neither required 
  nor sought when the Chairman reports on a measure; the report is made 
  and received as a matter of course, and is then before the House for 
  action. Manual Sec. 334. When the Committee rises without concluding 
  the matter, the Chairman reports that they ``have come to no 
  resolution thereon.'' Under this procedure the Chairman does not 
  report the measure back to the House. Deschler Ch 19 Sec. 21.4. The 
  measure remains as unfinished business for subsequent consideration in 
  the Committee. Sec. 19, supra.
      The Speaker recognizes only reports from the Committee of the 
  Whole made by the Chairman thereof. 5 Hinds Sec. 6987. The Speaker has 
  no official knowledge of proceedings in the Committee beyond those 
  reported by its Chairman. And a matter alleged to have arisen therein 
  but not reported may not be brought to the attention of the House. 8 
  Cannon Secs. 2429, 2430.


  Sec. 30 . House Action on Committee Reports

                                 Generally

      When the Committee of the Whole reports to the House, the House 
  usually acts at once on the report without reference to select or 
  other committees. Manual Sec. 326. 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. 4 
  Hinds Sec. 4896.
      The recommendation of the Committee may be favorable or adverse, 
  and the bill may be reported with or without amendments:

      Chairman: Mr. Speaker, the Committee of the Whole House on the 
    state of the Union, having had under consideration the bill H.R.  
    ______, directs me to report it back to the House with sundry 
    amendments and with the recommendation that the amendments be agreed 
    to and the bill as amended do pass.
      The Speaker: The gentleman from  ______ reports that the Committee 
    of the Whole House on the state of the Union, having had under 
    consideration the bill H.R.  ______, directs him to report. . . .

      House action on amendments reported from the Committee of the 
  Whole, including the demand for separate votes, see Amendments. For

[[Page 306]]

  steps to be taken in the passage of a bill in the House, see Previous 
  Question and Reading, Passage, and Enactment.

                 Recommittal to the Committee of the Whole

      Bills are sometimes recommitted to the Committee of the Whole as 
  the result of the action of the House (4 Hinds Sec. 4784) or on motion 
  either with or without instructions (5 Hinds Secs. 5552, 5553). If the 
  bill is reported from the Committee with an adverse recommendation, 
  and such recommendation is disagreed to by the House, the bill stands 
  recommitted to the Committee without further action by the House, 
  unless the bill is disposed of pursuant to a motion to refer. Manual 
  Secs. 875. When a recommendation of the Committee that the enacting 
  clause of a bill be stricken is rejected by the House, the House, 
  without motion, resolves itself into the Committee of the Whole for 
  the further consideration of the bill. Manual Sec. 876a; 7 Cannon 
  Sec. 943; 89-1, Sept. 29, 1965, p 25418; 90-1, Apr. 6, 1967, p 8611.



[[Page 307]]

 
                      CONFERENCES BETWEEN THE HOUSES

                               I. Generally

  Sec.  1. In General; Purpose
  Sec.  2. Questions Sent to Conference
  Sec.  3. Sending to Conference
  Sec.  4. -- When in Order; Stage of Disagreement
  Sec.  5. Effect of Special Rules

                          II. Conference Managers

  Sec.  6. In General; Appointment of Managers
  Sec.  7. Committee Representation
  Sec.  8. Changing or Adding Managers; Removal or Resignation
  Sec.  9. Power and Discretion of Managers
  Sec. 10. Meetings

                  III. Instructions to Managers; Motions

  Sec. 11. In General
  Sec. 12. Motions to Instruct
  Sec. 13. -- Debate on Motion; Recognition and Amendments
  Sec. 14. Motions After Failure of Managers to Report
  Sec. 15. Instructions in Motions to Recommit
  Sec. 16. Instructions as Binding on the Managers

                          IV. Conference Reports

              A. Generally; Form

  Sec. 17. In General; Preparation and Filing
  Sec. 18. Signing and Signatures
  Sec. 19. Correction of Errors

              B. Limitations on Reports; Points of Order

  Sec. 20. In General
  Sec. 21. Reports Exceeding Authority of Managers
  Sec. 22. -- Conference Substitutes or Modifications
  Sec. 23. Nongermane Senate Matter
  Sec. 24. Senate Appropriations on House Legislative Bill

[[Page 308]]

  Sec. 25. Senate Legislation on House Appropriation Bill
  Sec. 26. Budget Act Violations
  Sec. 27. Raising Points of Order
  Sec. 28. Waiving Points of Order

              C. Consideration and Disposition of Reports

  Sec. 29. In General; Custody of Official Papers
  Sec. 30. Layover and Availability Requirements
  Sec. 31. Calling Up Report; Reading
  Sec. 32. En Bloc Consideration
  Sec. 33. Debate
  Sec. 34. -- Recognition; Control of Debate Time
  Sec. 35. Recommittal of Report
  Sec. 36. Final Disposition of Report; Voting
  Sec. 37. Effect of Rejection of Report; Further Conferences

              D. Disposition Where Conferees Report in Total 
                 Disagreement

  Sec. 38. In General
        Research References
          5 Hinds Secs. 6254-6589
          8 Cannon Secs. 3209-3332
          Manual Secs. 530-559, 621, 701e, 812, 827-829, 867, 909-913d


                               I. Generally


  Sec. 1 . In General; Purpose

                                 Generally

      Before a measure can become law, both Houses must agree to the 
  same bill--either a House bill or a Senate bill--and they must agree 
  on each provision of the bill. 5 Hinds Secs. 6233-6240. Although the 
  two Houses may pass similar measures on the same subject, neither can 
  become law unless both Houses pass the same numbered bill, with the 
  identical text. 4 Hinds Sec. 3386.
      In many cases disagreements between the House and Senate over the 
  provisions in a bill can be resolved through action on amendments that 
  are messaged back and forth between the Houses. Such action is taken 
  in the expectation that one House will eventually concur (or recede 
  and concur)

[[Page 309]]

  with the amendments of the other House and pass the bill. (See Senate 
  Bills; Amendments Between the Houses.) Another approach aimed at 
  reconciliation is through a conference committee, consisting of 
  managers from each Chamber, with authority to report on negotiated 
  agreements. Sometimes these procedures are pursued simultaneously: one 
  House will (1) concur as to certain amendments and (2) insist on 
  disagreement as to other amendments and request a conference thereon. 
  5 Hinds Secs. 6287, 6401. If a conference fails to reconcile the 
  differences, and reports this fact back to the two Houses, motions to 
  dispose of any amendments remaining in disagreement are permitted. 
  Secs. 36-38, infra.
      The request for a conference is made by the House in possession of 
  the papers. Sec. 4, infra. The House receiving the request may accept 
  or agree to the conference or it may disregard the request and act on 
  the pending unresolved amendments. 5 Hinds Secs. 6313-6315. Or it may 
  simply recede from disagreement, thereby rendering a conference 
  unnecessary if no further issues remain to be disposed of between the 
  Houses. 5 Hinds Secs. 6316-6318. It also has the option of postponing 
  action on the request to a time certain or indefinitely. 5 Hinds 
  Sec. 6199.


  Sec. 2 . Questions Sent to Conference

      It was Jefferson's view that a House-Senate conference may be 
  sought ``in all cases of difference of opinion between the two Houses 
  on matters depending between them.'' Manual Sec. 530. Conferences 
  between the two Houses are usually held over differences as to 
  amendments to a particular bill. 5 Hinds Sec. 6254. On occasion, 
  several different bills have been sent to a single conference. 92-1, 
  Nov. 18, 1971, p 42046. Differences over a joint or concurrent 
  resolution may also be sent to conference. 5 Hinds Secs. 6258, 7063.
      House-Senate conferences have sometimes been sought to resolve 
  questions unrelated to any pending bill or other legislative 
  proposition. Conference committees have on rare occasions been used to 
  resolve differences as to:

     The prerogatives of the two Houses in the origination of 
         revenue measures. 2 Hinds Secs. 1487 et seq.
     The instructions given by one House to its managers. 5 Hinds 
         Sec. 6401.
     The procedures to be followed in an impeachment proceeding. 3 
         Hinds Sec. 2304.
     The time for the convening of the next session of Congress. 5 
         Hinds Secs. 6255 et seq.
     Papers in the nature of petitions. 5 Hinds Sec. 6263.

[[Page 310]]

  Sec. 3 . Sending to Conference

                      Generally; By Unanimous Consent

      Amendments in disagreement between the Houses may be sent to 
  conference by unanimous consent. The disagreement may relate to a 
  Senate amendment (6 Cannon Sec. 732) or to an insistence by the House 
  on its own amendment. 97-2, Mar. 16, 1982, p 4227.

      Member: Mr. Speaker, I ask unanimous consent to take from the 
    Speaker's table the bill H.R. __________, with the Senate amendments 
    thereto, disagree to the amendments, and ask a conference with the 
    Senate [or agree to a conference asked by the Senate] on the 
    disagreeing votes of the two Houses.

                                 By Motion

      A matter may be sent to conference pursuant to a motion permitted 
  by House Rule XX clause 1 where the motion has been authorized by the 
  committee (or committees) to which the bill was referred. Manual 
  Sec. 827. See 94-2, Aug. 26, 1976, p 27831; 95-1, Oct. 12, 1977, p 
  33433. The motion is privileged at any time the House is in possession 
  of the papers if the appropriate committee has authorized the motion 
  and if the Speaker in his discretion recognizes for that purpose. 94-
  1, Mar. 20, 1975, p 7646. These restraints are intended to prevent the 
  use of that motion as a dilatory tactic. 92-2, Oct. 3, 1972, pp 33502, 
  33509.
      Initial Senate amendments may be taken from the Speaker's table 
  and sent to conference by motion under this rule. 91-2, July 9, 1970, 
  pp 23518, 23524; 92-1, June 28, 1971, pp 22406-13, 22429. The motion 
  permitted by the rule may also be raised at subsequent stages of the 
  amendment process between the Houses, and include a motion to disagree 
  to a Senate amendment to a House amendment to a Senate bill and 
  request a conference (91-2, Dec. 17, 1970, p 42195; 92-2, Mar. 8, 
  1972, p 7540) or a motion to insist on a House amendment to a Senate 
  amendment to a House bill and request a conference (Manual Sec. 827).
      A Member making a motion to send a bill to conference under this 
  rule is recognized for one hour and is in control of the debate on the 
  motion. 90-2, July 29, 1968, p 23935; 91-2, Mar. 3, 1970, p 5722; 92-
  2, Aug. 1, 1972, pp 26153, 26156. When the previous question is 
  ordered on the motion, further debate may be had on it only by 
  unanimous consent. 91-2, July 9, 1970, pp 23518, 23524.
      The rule requires a separate committee authorization with respect 
  to each particular bill to be sent to conference. Moreover, where a 
  measure has

[[Page 311]]

  been reported by two or more committees, each committee must authorize 
  the motion sending it to conference. 95-2, Sept. 26, 1978, p 31623.
      Motions to send a measure to conference pursuant to Rule XX clause 
  1 are generally made by the chairman of the legislative committee with 
  primary jurisdiction over the measure, acting by direction of that 
  committee. 93-1, Mar. 28, 1973, pp 10032-34. See also 92-1, June 28, 
  1971, pp 22406-13; 93-1, June 5, 1973, p 18116. He rises and addresses 
  the Chair:

      Mr. Speaker, in accordance with rule XX of the House rules and by 
    direction of the Committee on __________ I move to take from the 
    Speaker's table the bill (H.R. ______) with Senate amendments 
    thereto, disagree to the Senate amendments and agree to the 
    conference asked by [or ask conference with] the Senate.

      A motion to send a bill to conference may not be amended to 
  include instructions to House conferees; instructions are properly 
  offered by separate motion following the adoption of the motion to go 
  to conference and before managers are appointed. 92-1, Oct. 19, 1971, 
  pp 36832-35. Instructions, see Secs. 11 et seq., infra.


  Sec. 4 . -- When in Order; Stage of Disagreement

                                 Generally

      Under the former practice, it was customary to allow the House 
  insisting on its amendment (the other House having disagreed thereto) 
  to request a conference. 5 Hinds Secs. 6278-6280. Under the modern 
  practice, a conference may be requested as soon as one House has 
  either disagreed to an amendment of the other or has insisted on its 
  own amendment (5 Hinds Secs. 6273-6277). In any event, the request for 
  a conference must always be by the House which is in possession of the 
  papers. Manual Sec. 530.

                                  Motions

      A motion to disagree or insist and request a conference is in 
  order (subject to preferential motions) before or after the Houses 
  have reached the stage of disagreement if made pursuant to Rule XX 
  clause 1. See Manual Secs. 528, 535, 827. See also Senate Bills; 
  Amendments Between the Houses. That rule was amended in 1965 to 
  provide that such motion ``shall always be in order'' if the Speaker 
  recognizes for that purpose and if the motion is made by direction of 
  the committee with jurisdiction. Manual Sec. 827. This provision has 
  been held to supersede earlier precedents precluding the motion to go 
  to conference until the stage of disagreement had been reached, the 
  Speaker ruling them to be inapplicable to motions under clause

[[Page 312]]

  1 Rule XX to disagree or insist and go to an initial conference with 
  the Senate. 92-2, Aug. 1, 1972, pp 26153, 26156.
      Once a motion to request a conference 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. 5 Hinds Sec. 6325. However, a motion under Rule XX 
  clause 1 may be repeated, if again authorized by the committee 
  concerned, and if the Speaker again agrees to recognize for that 
  purpose, even though the House has once rejected a motion to send the 
  same matter to conference. Manual Sec. 535.

                        Unanimous-consent Requests

      A unanimous-consent request to seek a conference is in order even 
  though the House and Senate have not yet reached the stage of 
  disagreement. Indeed, on rare occasions, the House by unanimous 
  consent has ``deemed'' a House bill with possible Senate amendments 
  sent to conference prior to Senate passage of the bill with 
  amendments, in order to permit conferees to be appointed and to 
  formally meet if the House is not in session. 97-2, Dec. 18, 1982, p 
  32137; 98-1, Mar. 23, 1983, p 6824.


  Sec. 5 . Effect of Special Rules

      Amendments may be sent to conference pursuant to a special rule 
  from the Committee on Rules. 4 Hinds Secs. 3242-3249. The special rule 
  may or may not preclude intervening motions, and may direct the 
  Speaker to appoint the managers. 4 Hinds Sec. 3242. The special rule 
  may:

     Take a House bill with Senate amendments from the Speaker's 
         table and send it directly to conference. 7 Cannon Sec. 826.
     Make in order a motion to take a bill with Senate amendments 
         from the Speaker's table, disagree to the amendments, and 
         request a conference. 7 Cannon Sec. 822.
     Provide for consideration of Senate amendments and for a 
         motion to agree to a conference, and for appointment without 
         instructions to the managers. 4 Hinds Secs. 3243, 3244.
     Discharge a committee from consideration of a bill with Senate 
         amendments and ask for, or agree to, a conference thereon. 7 
         Cannon Secs. 820, 821.

[[Page 313]]

                          II. Conference Managers


  Sec. 6 . In General; Appointment of Managers

                                 Generally

      Appointments of Members to serve as managers on the part of the 
  House at a conference are made by the Speaker pursuant to Rule X 
  clause 6(f). Manual Sec. 701e. (The terms ``manager'' and ``conferee'' 
  are used synonymously in the modern precedents and are so used in this 
  article.) The Speaker observes the guidelines set forth in Rule X as 
  to the designation of managers. That rule requires the Speaker to 
  appoint:

     A majority of Members who generally support the House 
         position, as determined by the Speaker.
     Members who are primarily responsible for the legislation.
     To the fullest extent feasible the principal proponents of the 
         major provisions of the bill as it passed the House.

      These guidelines permit the exercise of broad discretionary powers 
  by the Speaker in making appointments (95-1, Oct. 12, 1977, p 33434), 
  and he may specify the legislative issues on which individual managers 
  are to confer. 91-2, Mar. 3, 1970, p 5713; 92-1, Nov. 30, 1971, p 
  43422; 96-1, Sept. 14, 1979, p 24554.

                            Number of Managers

      In the early practice of the House, three Members were usually 
  appointed to a conference by the Speaker. 5 Hinds Sec. 6336. Today, 
  the number of Members to be designated is at the discretion of the 
  Speaker (8 Cannon Sec. 3221) and he may appoint as many as 60 or more 
  conferees, depending on the complexity of the bill and the number of 
  committees with jurisdiction. (See for example 99-2, Feb. 6, 1986, p 
  1943.) The number of conferees appointed by one House does not 
  determine the number to be appointed by the other. A motion to 
  instruct the Speaker as to the number of conferees to be appointed is 
  not in order. 8 Cannon Sec. 3221.
      The fact that the managers on the part of one House outnumber 
  those on the part of the other does not affect the conference outcome. 
  There are only two votes in conference--a vote of House managers and, 
  separately, a vote of Senate managers. Conference agreements are 
  reached when a majority of House managers agree with a majority of 
  Senate managers, the managers of one House having voted separately 
  from those of the other. 5 Hinds Sec. 6334. Conference meetings, see 
  Sec. 10, infra.

[[Page 314]]

                            Time of Appointment

      Conferees are usually appointed by the Speaker immediately after 
  the request for a conference is granted, but they may be appointed on 
  a subsequent day. 95-2, Sept. 27, 1978, p 32028; 95-2, Sept. 29, 1978, 
  p 32699. In one instance, the Speaker did not announce his appointment 
  of conferees until the second session on a bill on which the House had 
  requested a conference in the first session. 99-2, Feb. 6, 1986, p 
  1943.


  Sec. 7 . Committee Representation

      The Speaker in making his appointments to a conference normally 
  consults with the chairman of the committee having jurisdiction over 
  the bill. Members of that committee are ordinarily designated as 
  managers. 89-2, Oct. 14, 1966, p 26996. The Speaker may make such 
  appointments without regard to committee seniority. 99-2, July 16, 
  1986, p 16705. Where the matter falls within the jurisdiction of two 
  committees of the House, the Speaker may name members from both 
  committees as managers. 95-2, Oct. 4, 1978, p 33568; 96-1, July 27, 
  1979, p 20993. Where the measure falls within the jurisdiction of 
  several committees and/or subcommittees, the Speaker has exercised his 
  discretion to appoint Members in such a way as to represent the 
  interests of the various committees involved. 99-1, July 11, 1985, p 
  18552. On a bill reauthorizing the so-called environmental 
  ``Superfund,'' the Speaker's appointments included more than 50 
  conferees from six standing committees, with most conferees being 
  given designated areas of responsibility. 99-2, Feb. 6, 1986, p 1943.
      The Speaker may appoint members from a nonreporting committee as 
  conferees on a provision in a Senate measure within that committee's 
  jurisdiction. 99-2, July 24, 1986, p 17644. And the Speaker may, after 
  appointing general conferees from the reporting committee on all 
  Senate provisions, appoint additional conferees from a nonreporting 
  committee on a specified section. 99-2, Oct. 8, 1986, p 29702.


  Sec. 8 . Changing or Adding Managers; Removal or Resignation

      At any time after the appointment of a conference committee, the 
  Speaker may remove a conferee or appoint additional conferees. Rule X 
  clause 6(f). In making additional appointments, the Speaker may 
  specify that a conferee be authorized to act only with respect to a 
  certain provision (96-1, Aug. 2, 1979, p 22101), or that additional 
  conferees from certain committees act solely on matters within those 
  committees' jurisdictions (99-1, Oct. 24, 1985, p 28743). Under clause 
  6(f), the Speaker may supplement an appointment of conferees by 
  modifying the array of separate panels and by

[[Page 315]]

  further specifying the subject matter to be considered by such panels. 
  103-1, July 20, 1993, p ____.
      Where several conferences are held on the same bill, managers may 
  be reappointed or changed at the discretion of the Speaker. 5 Hinds 
  Secs. 6341-6368. Although reappointment is common under the modern 
  practice (Manual Sec. 537), sometimes a change is necessary to enable 
  a developing sentiment of the House to be accurately represented. 5 
  Hinds Sec. 6369. Motions to discharge and appoint new conferees, see 
  Sec. 14, infra.
      Vacancies on a conference committee are filled through appointment 
  by the Speaker. 5 Hinds Sec. 6372; 8 Cannon Sec. 3228. The Speaker may 
  appoint a conferee to fill a vacancy caused by the death or ill health 
  of another Member (93-1, Nov. 7, 1973, pp 36222, 36223; 98-2, Mar. 21, 
  1984, p 6249), or where a Member resigns as conference manager. 
  However, House managers are excused from service only by action of the 
  House. 91-1, Oct. 23, 1969, p 31198. Unanimous consent is required to 
  excuse a Member from service as a conferee. 95-2, Sept. 25, 1978, p 
  31329. The Speaker may appoint the successor conferee with all or part 
  of the authority of the original conferee. 98-2, Mar. 21, 1984, p 
  6249.
      Usually a conferee resigns by sending a letter of resignation to 
  the Speaker which is laid before the House. But a conferee may be 
  excused by unanimous consent at the request of another Member, 
  particularly where time is of the essence. 91-1, Oct. 23, 1969, p 
  31198; 92-2, July 24, 1972, p 24864; 93-1, Dec. 10, 1973, p 40500.
      Managers have resigned from conference committees because of 
  policy differences with other managers. In one instance, a Member 
  declared that his resignation was based on the fact that other House 
  conferees had agreed to a motion in conference limiting their 
  participation to specified portions of the matters committed to 
  conference, though originally all Members had been appointed without 
  restriction. The Member's resignation was accepted by unanimous 
  consent. 94-1, Nov. 11, 1975, pp 35980, 35981.

[[Page 316]]

  Sec. 9 . Power and Discretion of Managers

                                 Generally

      There are limitations on the authority of the managers with 
  respect to the legislative matters they may address. The managers:

    May not change text that has already been agreed to by both 
         Houses. 5 Hinds Secs. 6417, 6418, 6420.
     May not address new items or a new subject not committed to 
         the conference. 5 Hinds Secs. 6407, 6408; 8 Cannon Secs. 3254, 
         3255.
     Must confine themselves to matters that are within the scope 
         of the difference between the House position on the one hand 
         and the Senate position on the other. 94-2, Oct. 1, 1976, p 
         35102.

      These limitations stem from the fundamental principal that when a 
  bill is sent to conference, matters in disagreement between the 
  Houses--and only matters in disagreement between the Houses--are 
  before the conferees. See 86-1, June 23, 1959, pp 11599, 11615; 93-2, 
  Dec. 20, 1974, p 41850. This is so notwithstanding House or Senate 
  messages to the contrary. 8 Cannon Sec. 3253. A matter not within the 
  scope of the differences committed to the conference lies beyond the 
  authority of the managers even though germane to the question at 
  issue. 5 Hinds Sec. 6419.
      The conferees have slightly greater editorial latitude when the 
  disagreement arises over an amendment in the nature of a substitute 
  for the entire text of the bill of the other House. 5 Hinds Sec. 6424; 
  8 Cannon Secs. 3248, 3263. The managers may then draft an entirely new 
  version--called a conference substitute--which replaces both the 
  original proposition and the amendment in the nature of a substitute. 
  See 5 Hinds Sec. 6465. However, the authority of managers in such 
  cases is subject to specified restrictions. A House rule permits a 
  ``germane modification'' of the matter in disagreement, but proscribes 
  the presentation of ``specific additional'' topics not committed to 
  conference. The controlling rule further provides that the report of 
  the managers must not include matter not committed to the conference 
  by either House, nor may their report include a modification of any 
  specific matter committed to the conference if that modification is 
  beyond the scope thereof. Rule XXVIII clause 3. (Manual Sec. 913a.) As 
  grounds for points of order against the report, see Sec. 22, infra. 
  For the use of special rules to protect against a point of order for 
  exceeding ``scope,'' see Sec. 20, infra.

                      Differences as to Time Periods

      When the two Houses fix different periods of time for certain 
  legislative action, the conferees have latitude to compromise only 
  between the two time frames, and may not exceed the longer or go below 
  the shorter. 8 Cannon

[[Page 317]]

  Sec. 3264. 90-1, Dec. 11, 1967, pp 35811-33, 35841. Likewise, where 
  the Senate has amended a House-passed bill to change the effective 
  date therein, the authority of the conferees on the bill is limited to 
  the time frame between the dates in each version. And where the dates 
  contained in both versions have since passed, the conferees must 
  report the Senate amendment back in technical disagreement so that the 
  effective day can be reconsidered. 91-2, Mar. 11, 1970, pp 6793, 6795.

                   Differences as to Numbers or Amounts

      Where the legislative differences between the two Houses on a 
  measure involve numerical figures, managers at conference are limited 
  to the range between the highest figure proposed by one House and the 
  lowest proposed by the other. If, for example, the House proposes a 
  tariff rate of 30% for a certain product and the Senate proposes a 35% 
  tariff, the managers may agree on 30% or 35% or any tariff falling 
  within that range; but they may not agree on a tariff that is less 
  than 30% or more than 35%. 8 Cannon Sec. 3263. Similarly where 
  sections of a conference report contain higher entitlements for 
  certain veterans' benefits than those contained in either the House 
  bill or in the Senate amendment, the conferees may be held to have 
  exceeded their authority. 93-2, Aug. 22, 1974, pp 30050-52. By the 
  same token, conferees may report back in total disagreement where the 
  informal decisions reached by the conferees would have exceeded the 
  scope of the differences committed to conference by reducing certain 
  aggregate totals below those in either the House or the Senate 
  version. 95-1, Sept. 13, 1977, p 29021.

                        Amendments to Existing Law

      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, the scope of differences committed to conference lies 
  between those issues presented in the amending language on the one 
  hand and the comparable provisions of existing law on the other. 95-2, 
  Feb. 28, 1978, p 5010. In such cases, the Speaker may examine existing 
  law to determine whether House conferees have remained within the 
  scope of the differences committed to conference. 94-2, Apr. 13, 1976, 
  p 10803.

               Extending Authority of Managers by Resolution

      The managers of a conference are sometimes permitted to take up a 
  matter not in issue between the Houses pursuant to a concurrent 
  resolution. 5 Hinds Secs. 6437-6439. Concurrent resolutions permitting 
  managers to consider matters not technically committed to conference 
  are made in order by

[[Page 318]]

  unanimous consent. 93-2, Dec. 17, 1974, p 40472. This procedure has 
  been used to permit the insertion of new matter in a Senate amendment 
  to a House bill already sent to conference. 94-2, Sept. 2, 1976, p 
  28969.


  Sec. 10 . Meetings

                             Generally; Voting

      Due notification of appointments and a formal meeting of named 
  managers should precede the issuance of their report. The Speaker may 
  decline to allow House consideration of the report if these 
  formalities are not observed. 5 Hinds Sec. 6458.
      The managers of the two Houses while in conference vote 
  separately, the majority in each body determining the attitude to be 
  taken toward the proposition(s) at issue. 5 Hinds Sec. 6336. When the 
  report is made, the signatures of a majority of the managers from each 
  House are sufficient. Sec. 18, infra.

                        Meetings as Open or Closed

      Rule XXVIII clause 6 was amended in 1977 to require all conference 
  meetings to be open to the public except where the House by roll call 
  vote determines otherwise. Manual Sec. 913d; 95-1, Jan. 4, 1977, p 53. 
  The rule permits a point of order in the House against the report if 
  the House managers fail to meet in open session as required. See 
  Manual Sec. 548. If the point of order is sustained, it results in 
  rejection of the report and in an automatic request for a new 
  conference, and it permits the appointment of new conferees without 
  intervening motion to instruct. 96-2, Mar. 25, 1980, p 6430. Thus, the 
  conferees having failed to meet formally in open session after 
  appointment, the report, though signed, is subject to automatic 
  recommittal under the rule. 97-2, Dec. 20, 1982, p 32896.

                   Motions to Close a Conference Meeting

      A motion to close a conference meeting is privileged for 
  consideration in the House after the House has agreed to go to 
  conference and the Speaker has appointed conferees. The motion is 
  debatable for one hour under the control of the Member making the 
  motion, and must be voted on by a roll call vote. 95-1, July 21, 1977, 
  p 24365; 95-2, Apr. 13, 1978, p 10128; 97-2, Aug. 3, 1982, p 18946. 
  The motion may be modified by the Member offering the motion only by 
  unanimous consent, and may be amended only if that Member yields for 
  that purpose (or the previous question is rejected). 95-1, May 23, 
  1977, pp 15880, 15881. The motion may provide for exceptions or 
  limitations, such as a stipulation that the meeting may be closed only 
  when certain matters are under discussion or that any sitting Member

[[Page 319]]

  of Congress shall have the right to attend such meeting. 95-1, July 
  21, 1977, pp 24365, 24366; 95-2, July 14, 1978, p 20960.

               Points of Order as to Meeting Irregularities

      There are no formal House rules that govern procedures to be 
  followed in conducting a meeting of the conferees. The conferees offer 
  motions or consider and debate propositions according to their own 
  informal guidelines or ad hoc rules. The Speaker will not normally 
  sustain a point of order against a conference report signed by a 
  majority of House conferees based upon irregularities at the 
  conference meeting. 96-2, Mar. 25, 1980, p 6430. Nor will the Speaker 
  look behind the signatures to determine whether the report has 
  incorporated all the agreements informally made in conference. 93-1, 
  Dec. 17, 1973, pp 42034, 42035. In one instance, the Speaker overruled 
  a point of order against a conference report signed by a majority of 
  the conferees, although the Member raising the point of order alleged 
  that the form of the report was inconsistent with a motion agreed to 
  in the conference meeting. 94-2, Sept. 28, 1976, p 33019.


                  III. Instructions to Managers; Motions


  Sec. 11 . In General

                                 Generally

       Instructions are used primarily to indicate priorities considered 
  important to the House or to identify positions or amendments it would 
  support or oppose. The House may instruct its conferees to:

     Insist on a conference report achieving four broadly worded 
         goals. 99-2, July 16, 1986, pp 16703, 16705.
     Insist on a portion of a House amendment to a Senate bill. 93-
         1, July 24, 1973, pp 25539-41.
     Agree to a numbered Senate amendment with an amendment. 97-2, 
         June 9, 1982, p 13039.
     Adhere to certain provisions in a House-passed bill. 96-1, 
         July 30, 1979, p 21302; 96-1, Dec. 19, 1979, p 36895.
     Disagree to one of several Senate amendments (notwithstanding 
         that the House has just disagreed to all Senate amendments in 
         toto). 91-1, Oct. 9, 1969, p 29315.
     Insist on holding conference sessions under just and fair 
         conditions. 74-1, Aug. 1, 1935, p 12272.


[[Page 320]]



      One House has no jurisdiction over conferees appointed by the 
  other. Instructions to conferees apply only to managers on the part of 
  the House giving the instructions. 8 Cannon Secs. 3241, 3242.

                        Limitations on Instructions

      Instructions may not direct conference managers to do that which 
  they might not otherwise do (5 Hinds Secs. 6386, 6387; 8 Cannon 
  Secs. 3235, 3244), such as to change a part of a bill not in 
  disagreement (5 Hinds Secs. 6391-6394). Instructions may not:

     Change the text to which both Houses have agreed. 5 Hinds 
         Sec. 6388.
     Direct the conferees to agree to something not committed to 
         conference. 96-2, Feb. 28, 1980, p 4305.
     Include appropriations on a legislative bill. Rule XXI clause 
         2.
     Include matter outside the scope of the conferees' authority 
         (Rule XXVIII clause 3). 93-1, Nov. 13, 1973, pp 36835, 36847.
     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. See 92-1, Dec. 14, 
         1971, pp 46779-80.
     Direct conferees to concur in a Senate amendment with an 
         amendment not germane thereto. 8 Cannon Sec. 3235.


  Sec. 12 . Motions to Instruct

                                 Generally

      The opportunity for the House to instruct conferees arises at 
  three distinct stages of the legislative process: (1) at the time the 
  House votes to go to conference, (2) after the expiration of 20 
  calendar days, the conferees having failed to report (Sec. 14, infra), 
  and (3) when a conference report is recommitted to conference 
  (Sec. 15, infra).

                          On Going to Conference

      After the House has voted to go to conference with the Senate the 
  House may consider a timely motion to instruct its managers. A motion 
  to instruct the House managers at a conference is in order after the 
  House has agreed to a conference and before the appointment of the 
  conferees. 5 Hinds Secs. 6379-6382; 93-2, Dec. 16, 1974, pp 40174, 
  40175; 97-1, Nov. 4, 1981, pp 26582, 26586; 98-1, Oct. 25, 1983, p 
  29229. The motion is not in order until the House has voted to ask for 
  or agree to a conference. 91-2, Mar. 3, 1970, p 5722. Only one motion 
  to instruct conferees is in order at this stage. 8 Cannon Sec. 3236. 
  90-2, May 29, 1968, p 15499; 96-1, Dec. 18, 1979, p 36763.

[[Page 321]]

                             Tabling of Motion

      A motion to instruct House managers at a conference is subject to 
  the motion to table. 91-1, Oct. 9, 1969, p 29315; 92-1, July 27, 1971, 
  pp 27305-08, 27311; 92-2, Oct. 11, 1972, p 34948. The motion to lay 
  the motion to instruct on the table is in order after the motion to 
  instruct has been read or after debate thereon. If the motion to table 
  is voted down, the question next occurs on ordering the previous 
  question on the motion to instruct. 87-1, Aug. 8, 1961, pp 14957, 
  15001; 91-1, Dec. 18, 1969, pp 39826-30; 91-2, July 9, 1970, pp 23325-
  28.

                   Withdrawal or Postponement of Motion

      A motion to instruct the House managers at a conference has been 
  withdrawn after debate thereon. 91-1, Dec. 11, 1969, pp 38543-45. And 
  the postponement of consideration of such a motion is permitted by 
  unanimous consent. 95-1, June 16, 1977, pp 19414, 19415.


  Sec. 13 . -- Debate on Motion; Recognition and Amendments

                                 Generally

      A motion to instruct the managers on the part of the House at a 
  conference is debatable under the hour rule. 91-1, Dec. 11, 1969, p 
  38543; 98-1, Nov. 15, 1983, p 32686. The time is equally divided or 
  allotted pursuant to Rule XXVIII clause 1(b). No additional debate 
  thereon is in order unless the previous question is rejected or unless 
  the Member having the floor yields for amendment. 98-1, Nov. 15, 1983, 
  p 32686.
      The hour of debate time on a motion to instruct is inapplicable 
  where a motion to lay that motion on the table is adopted prior to 
  debate. 94-2, Aug. 26, 1976, p 27832.
      Recognition to offer a motion to instruct House conferees is the 
  prerogative of the minority, and the Speaker recognizes the ranking 
  minority member of the committee reporting the bill when that member 
  seeks recognition to offer the motion. 92-1, Oct. 19, 1971, pp 36832-
  35; 93-2, Dec. 16, 1974, pp 40174, 40175.

                           Amendments to Motion

      No amendment to a motion to instruct is in order unless the 
  previous question is rejected or unless the Member having the floor 
  yields for amendment. 98-1, Nov. 15, 1983, p 32686. While the previous 
  question takes precedence over the motion to amend a motion to 
  instruct conferees (93-1, July 24, 1973, pp 25539-41), the motion to 
  instruct is subject to amend-

[[Page 322]]

  ment if the previous question is rejected. 92-1, Oct. 19, 1971, pp 
  36832-35; 96-1, Dec. 18, 1979, p 36774; Manual Sec. 541.


  Sec. 14 . Motions After Failure of Managers to Report

      Where conferees have been appointed for 20 calendar days (or for 
  36 hours during the last six days of a session) and have failed to 
  file a report, motions to instruct the House managers--or discharge 
  and appoint new ones--are in order. Rule XXVIII clause 1(c). The 
  Member making such a motion must give a day's notice under the rule. 
  Manual Sec. 910. The privilege of the motion to instruct conferees 
  under this clause is equal to that of the motion to suspend the rules 
  on a suspension day. 100-2, Mar. 1, 1988, pp 2749, 2751, 2754. The 20-
  day period runs from the time that the conference committee has been 
  formed by appointment in both Houses. See 97-1, May 20, 1981, p 10319.
      The practice which precludes more than one motion in the House to 
  instruct conferees prior to their appointment (Sec. 12, supra) is not 
  applicable to motions to instruct (or discharge and appoint new) 
  conferees who have failed to report to the House within the 20-day 
  period. 93-2, July 22, 1974, pp 24448, 24449. Indeed, a motion to 
  instruct House conferees who have failed to report for 20 days is in 
  order even though its instructions are the same as those given to the 
  conferees at the time the bill was sent to conference. 92-2, May 11, 
  1972, pp 16838-42.


  Sec. 15 . Instructions in Motions to Recommit

      A motion to recommit a conference report (Sec. 35, infra) may 
  include instructions to the House conferees. 8 Cannon Sec. 3241. A 
  report may be recommitted with instructions to insist on disagreement 
  (90-1, Oct. 4, 1967, pp 27727-30, 27734-38) or take other action on an 
  amendment contained in the report (94-2, Sept. 28, 1976, p 33034). But 
  the motion may not instruct House conferees to include matter which is 
  beyond the scope of differences committed to conference (97-1, Nov. 
  22, 1981, p 28747) or which would be inadmissible if offered as an 
  amendment in the House (see 93-1, Dec. 19, 1973, p 42565).


  Sec. 16 . Instructions as Binding on the Managers

      Instructions by the House to its conferees are advisory in nature 
  and are not binding as a limitation on their authority. 90-2, May 29, 
  1968, p 15499. A failure of conferees to adhere to such instructions 
  does not render their report subject to a point of order. 5 Hinds 
  Sec. 6395; 8 Cannon Secs. 3246-3248; 97-1, Oct. 29, 1981, p 26049. 
  There is no rule of the House requiring

[[Page 323]]

  conferees to seek further guidance if they are unable to comply with 
  instructions suggested to them. 92-2, June 8, 1972, p 20282. For these 
  reasons, the Speaker may not rule a report out of order because it is 
  in contravention of instructions imposed on House conferees; it is for 
  the House to determine by its vote on the report whether to accept or 
  reject it, or to recommit it. 92-2, June 8, 1972, p 20282. Voting on 
  the report, see Sec. 36, infra.

                          IV. Conference Reports


                            A. Generally; Form


  Sec. 17 . In General; Preparation and Filing

                        Generally; Partial Reports

      A conference report contains the recommendations of the conference 
  committee to the two Houses as to the disposition of the matter in 
  disagreement. The report may recommend, for example, that the House 
  (or Senate) recede from disagreement to a certain numbered amendment, 
  or that it agree to a certain amendment with an amendment. The report 
  will normally identify those amendments on which the committee has 
  been unable to agree. Managers may report an agreement as to a portion 
  of the numbered amendments in disagreement, leaving the remainder to 
  be disposed of by subsequent House action. 5 Hinds Secs. 6460-6464. 
  Disposition of amendments remaining in disagreement between the 
  Houses, see Senate Bills; Amendments Between the Houses.
      Under certain circumstances managers may develop an entirely new 
  bill on a subject in disagreement, in which case the adoption of the 
  report completes action on the bill. 5 Hinds Secs. 6465-6467; Manual 
  Sec. 543.
      A conference report is jointly prepared by the managers from the 
  House and those from the Senate. The report must be signed by a 
  majority of the managers of the House and a majority of the managers 
  on the part of the Senate. Sec. 18, infra. Minority views are not in 
  order. 90-1, Dec. 4, 6, 1967, pp 34721, 35135-37. The managers in the 
  minority have no authority to make a formal report concerning the 
  conference. 5 Hinds Sec. 6406.
      A conference report must be filed and printed in the Record. See 
  Manual Sec. 911. Filing is necessary to initiate the three-day waiting 
  period that must precede the consideration of the report on the floor 
  of the House. Sec. 30, infra. Errors in the text appearing in the 
  Record may subject consideration of the report to a point of order. 8 
  Cannon Sec. 3298. The filing of the report while the House is in 
  session is privileged. 90-2, Aug. 1, 2, 1968, pp

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  25027-43. Permission to file and print a report when the House is not 
  in session is frequently given by unanimous consent. 86-1, July 30, 
  1959, p 14742; 87-1, Aug. 3, 1961, p 14544; 87-2, July 26, 1962, p 
  14841.
      Subsequent conference reports on the same subject must adhere to 
  these same formalities. Notwithstanding recommittal of a conference 
  report to a committee of conference, the subsequent conference report 
  is filed as privileged, given a new number and otherwise treated as a 
  new and separate report. 88-1, May 14, 1963, p 8502.

                          Explanatory Statements

      Conference reports are to be accompanied by an explanatory 
  statement prepared jointly by the conferees on the part of the House 
  and the conferees on the part of the Senate. This statement must 
  inform the House as to the effect which the matter contained in the 
  report will have upon the pending measure. Rule XXVIII clause 1(d). 
  Manual Sec. 911. This statement is signed by a majority of the 
  managers of each House. 91-2, May 12, 1970, pp 15202-17; 92-1, Dec. 
  14, 1971, pp 46791-801.
      A report may not be received without the accompanying statement. 
  Manual Sec. 911. The Speaker may require the statement to be in proper 
  form (5 Hinds Sec. 6513), but it is for the House and not the Speaker 
  to determine its sufficiency (5 Hinds Secs. 6511, 6512).
      Although minority views are not in order on a conference report, 
  the majority of the managers may, in the statement accompanying the 
  report, indicate exceptions taken or objections raised by certain 
  conferees who signed with the majority. 90-1, Dec. 4, 6, 1967, pp 
  34721, 35135-37; 94-1, Dec. 8, 1975, p 39097.


  Sec. 18 . Signing and Signatures

      Conference reports must be signed by a majority of the managers of 
  the House and by a majority of the managers of the Senate. 5 Hinds 
  Secs. 6497-6502. Reports containing insufficient signatures are 
  subject to a point of order and will not be received. 5 Hinds 
  Sec. 6497; 8 Cannon Sec. 3295. In the modern practice reports are 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. 5 Hinds Secs. 6246, 6499, 5000, 6504. The name of an 
  absent manager may not be affixed to a conference report; but the 
  House and Senate may by concurrent action authorize him to sign the 
  report after it has been acted on. 5 Hinds Sec. 6488.

[[Page 325]]

                      Signatures With Qualifications

      Managers have been permitted to sign a conference report with a 
  conditional approval or dissent. 5 Hinds Secs. 6489-96, 6538. But 
  recent precedents weigh against allowing such signatures to be counted 
  with the majority in support of the report. This is consistent with 
  the general rule that conferees may not file separate or minority 
  views. Managers on the part of the House must act on a conference 
  report as a whole, either by signing it to indicate their support for 
  all that is included in the report or by declining to sign it to 
  indicate their opposition to any part thereof. See 8 Cannon Sec. 3302; 
  see also 102-1, Nov. 18, 1991, p ____.


  Sec. 19 . Correction of Errors

      A technical correction appearing in a conference report may be 
  made by the Clerk in the enrollment of the bill if authorized by 
  concurrent resolution. 92-2, Oct. 10, 1972, p 34643. In one instance, 
  a conference report and concurrent resolution making changes therein 
  (by correcting the enrollment) were simultaneously adopted under a 
  motion to suspend the rules. 98-1, Aug. 1, 1983, p 21925.
      The inadvertence of the conferees in failing to dispose of an 
  amendment to a title does not prevent the amendment from coming back 
  to the House for disposition by motion or unanimous consent following 
  adoption of the conference report. 94-2, Apr. 28, 1976, p 11598; 94-2, 
  Sept. 10, 1976, p 29759.


                B. Limitations on Reports; Points of Order


  Sec. 20 . In General

      A conference report is subject to a point of order for failure to 
  comply with one or more rules of the House when the report is called 
  up for consideration in the House and before debate on it begins. 95-
  2, Oct. 12, 1978, p 36459. If the point of order is timely and the 
  report is not protected by special rule or other House order, the 
  report may be ruled out of order. 94-2, Sept. 23, 1976, p 32099. 
  Raising points of order, see Sec. 27, infra.


  Sec. 21 . Reports Exceeding Authority of Managers

      A point of order will lie against a conference report on the 
  ground that the conferees have agreed to a provision which was beyond 
  the limits of their authority. 90-1, Dec. 11, 1967, p 35811. If the 
  point of order is sus-

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  tained the entire report may be ruled out. 8 Cannon Sec. 3256; Manual 
  Sec. 547. The report:

     Must not change text that has already been agreed to (5 Hinds 
         Secs. 6417, 6418, 6420).
     Must not address new items or a new subject not committed to 
         conference (5 Hinds Secs. 6407, 6408; 8 Cannon Secs. 3254, 
         3255).
     Must be confined to matters that are within the scope of the 
         differences committed to conference (94-2, Oct. 1, 1976, p 
         35102).

      A matter not within the scope of the differences committed to the 
  conference may not be included in the report even though germane to 
  the question at issue. 5 Hinds Sec. 6419.
      The ruling out of a conference report on the ground that it 
  contains a provision subject to a point of order because beyond the 
  range of differences may not preclude subsequent consideration of the 
  same provision in the House by motion. The bill and amendments are 
  again before the House and, the stage of disagreement having been 
  reached, motions relating to amendments and a further conference are 
  in order. 94-2, Sept. 30, 1976, p 34085; 95-1, Oct. 14, 1977, p 33772. 
  A matter ruled out as ``beyond scope'' may yet qualify as a germane 
  amendment to a Senate amendment remaining in disagreement.


  Sec. 22 . -- Conference Substitutes or Modifications

      A conference report containing a substitute agreed to by the 
  managers may not include matter not committed to the conference by 
  either House. Clause 3 Rule XXVIII. (Manual Sec. 913a.) Points of 
  order under the rule are confined to language in the conference report 
  and do not extend to expressions of intent in the joint statement. 94-
  2, Sept. 28, 1976, p 33023. The rule prohibits the inclusion in the 
  report of additional topics not committed to conference by either 
  House or which are beyond the scope of the differences committed to 
  conference. 94-2, Sept. 27, 1976, pp 32719-21. Even a modification of 
  a proposition will give rise to a point of order if it is beyond the 
  scope of either the bill or the amendment as committed to conference. 
  92-1, Dec. 13, 14, 1971, pp 46596-602. The deletion of provisions 
  ``not committed to conference'' because the text has been agreed to by 
  both Houses or is identical in the bill and the amendment may also 
  sustain a point of order. Manual Sec. 527. The managers may eliminate 
  specific words or phrases contained in either version and add words or 
  phrases not included in either version only if they remain within the 
  scope of their differences and do not incorporate additional topics, 
  issues or propositions. 94-2, Sept. 28, 1976, pp 33020-23.

[[Page 327]]

  Sec. 23 . Nongermane Senate Matter

      A House rule permits a Member to raise a point of order against 
  certain language in a conference report if such matter originated in 
  the Senate but would have been considered as not germane if offered to 
  the text when under consideration in the House. The same rule permits 
  the House to vote on the question of whether such matter should be 
  rejected or retained. Rule XXVIII clauses 4(a)-4(d). Manual Sec. 913b. 
  The point of order may be raised with respect to a Senate amendment, a 
  conference substitute, or a provision in a Senate bill (if not 
  included in the House-passed version). The point of order is in order 
  before the report itself is read or debated. Clause 4(a).
      If the Chair sustains a point of order that conferees have agreed 
  to a nongermane Senate provision, a motion to reject that provision is 
  in order pursuant to clause 4(b). This motion is debatable for 40 
  minutes, equally divided between the Member making the motion and a 
  Member opposed. 98-2, Oct. 11, 1984, p 32219. Recognition is not based 
  on party affiliation. 94-2, Jan. 29, 1976, p 1582. Other points of 
  order cannot be made until after disposition of the motion to reject. 
  94-1, Dec. 15, 1975, p 40677.
      If the motion to reject is not agreed to, the nongermane Senate 
  matter is retained, and debate commences on the conference report 
  itself. 98-2, Oct. 11, 1984, p 32219.
      If the House votes in favor of the motion to reject the nongermane 
  matter, the report itself is considered as rejected. Clause 4(d). 
  Since a conference report must be acted on as a whole, and either 
  agreed to or disagreed to in its entirety, rejection of a portion of a 
  conference report as not germane results in the rejection of the 
  entire report. 92-1, Nov. 10, 1971, pp 40479, 40481. The House then 
  automatically proceeds to consider a motion to recede and concur with 
  an amendment (consisting of that portion of the report not rejected) 
  or to insist on its own amendment. Clause 4(d). Manual Sec. 913b.


  Sec. 24 . Senate Appropriations on House Legislative Bill

      The House managers may not agree to a Senate amendment providing 
  for an appropriation on any bill other than a general appropriation 
  bill unless specific authority to agree to such amendment is first 
  given by the House. Rule XX clause 2. Manual Sec. 829. Under this 
  rule, where a House legislative measure has been committed to 
  conference, and the conferees agree to a Senate amendment 
  appropriating funds, the conference report thereon is sub-

[[Page 328]]

  ject to a point of order and may be ruled out. 87-2, Oct. 4, 1962, p 
  22332. This point of order:

     Applies only to Senate amendments which are reported from 
         conference and not to appropriations reported in Senate 
         legislative bills. 94-2, June 30, 1976, p 21633.
     Does not apply if House conferees were authorized to agree to 
         the amendment by separate House vote. Manual Sec. 829.
     Will not lie against a provision permitted by the House to 
         remain in its own bill. 94-1, May 1, 1975, pp 12752, 12753.
     May be waived by special rule. Sec. 28, infra.


  Sec. 25 . Senate Legislation on House Appropriation Bill

      Language changing existing law in violation of Rule XXI clause 
  2(c)--often referred to as ``legislation on an appropriation bill''--
  may give rise to a point of order if it appears in a Senate amendment 
  agreed to by the conference managers. The House managers may not agree 
  to such an amendment unless specific authority to agree to the 
  amendment is first given by the House by a separate vote. Manual 
  Secs. 829, 834. The purpose of this restriction is to prevent 
  conference committees from using appropriation bills to legislate 
  without the permission of the House. 7 Cannon Sec. 1574.
      Points of order arising under this requirement may be waived by a 
  special rule from the Committee on Rules (Sec. 28, infra) or by 
  unanimous consent (99-1, Dec. 16, 1985, p 36559).
      Because of the point of order that will lie against the conferees' 
  agreement to a Senate legislative amendment to an appropriation bill 
  under the rules, it has become a customary practice to report such 
  amendments in technical disagreement. The House first considers a 
  partial report consisting of the matter agreed to in conference and 
  not in conflict with Rule XXI, and then considers separately those 
  amendments reported in real or technical disagreement. Manual 
  Sec. 829. Such Senate amendments are not subject to a point of order 
  when reported from conference in disagreement, and may be called up 
  for disposition by separate motion. 94-1, Dec. 4, 1975, p 38714. Under 
  a rules' change adopted in 1993, one preferential motion to insist on 
  disagreement to the Senate amendment is in order if offered by the 
  House committee having jurisdiction thereof (Rule XXVIII clause 2(b)), 
  if the original motion to dispose of the Senate legislative amendment 
  offered by the House manager proposes to amend existing law.


  Sec. 26 . Budget Act Violations

      Congressional action on legislation reported from a conference 
  committee is subject to the Congressional Budget Act of 1974. Manual 
  Sec. 1007.

[[Page 329]]

  Points of order in the House against a conference report are in order 
  under the 1974 Budget Act (as amended) where the Act restricts or 
  prohibits:

     Consideration of spending, revenue, or debt-limit legislation 
         for a fiscal year before a budget resolution for that year has 
         been adopted. Sec. 303(a).
     Consideration of measures within the jurisdiction of the House 
         and Senate Budget Committees but not reported by those 
         committees. Sec. 306.
     Consideration of reconciliation legislation that recommends 
         changes in Social Security. Sec. 310(g).
     Consideration of measures providing new contract or borrowing 
         authority not limited to amounts provided in appropriations 
         acts. Sec. 402(a).

      A point of order under the Budget Act may also be in order where 
  the conference report contains provisions in conflict with Budget Act 
  requirements relating to:

     The allocation--to each committee with jurisdiction--of 
         appropriate levels of budgetary spending authority. 
         Sec. 302(f).
     Measures that would cause certain budgetary levels to vary 
         from those set forth in the applicable concurrent resolution on 
         the budget. Sec. 311(a).
     Authorization of funds beyond those provided for in advance in 
         appropriation acts. Sec. 401(a).
     Increases in the costs of federal intergovernmental mandates 
         by amounts that exceed specified thresholds. Sec. 425.

      A conference report may be ruled out by the Speaker if he sustains 
  a point of order against it under the Congressional Budget Act. 94-2, 
  Sept. 30, 1976, pp 34074, 34075.


  Sec. 27 . Raising Points of Order

                                 Generally

      A point of order against a conference report comes too late after 
  debate has been had on the report. 92-2, Oct. 18, 1972, p 37067. The 
  point of order should be made when the report is called up for 
  consideration and before debate thereon. 95-2, Oct. 12, 1978, p 36459. 
  Where a reading is required, a point of order against the report is 
  not entertained until after the report has been read, and cannot be 
  reserved during a reading of the report. 94-1, Dec. 15, 1975, p 40671. 
  If the report is ``considered as read'' because it has met the 
  requirements for three-day availability and has been printed in the 
  Record on the day filed, the report is considered as read. See Manual 
  Sec. 912d.
      A point of order against a conference report must be reserved 
  before the reading of the joint statement of the managers (86-1, June 
  23, 1959, pp 11599, 11615; 92-1, Dec. 13, 1971, p 46596), even if by 
  unanimous

[[Page 330]]

  consent the joint statement is read in lieu of the report. 92-2, Jan. 
  25, 1972, p 1076; 92-2, June 8, 1972, p 20278.

                         Multiple Points of Order

      The Chair may rule on all points of order raised against a 
  conference report, whether they are made separately or at one time. 
  92-2, June 8, 1972, pp 20278-80. But the Chair entertains and rules on 
  points of order which, if sustained, will vitiate the entire 
  conference report before entertaining points of order merely against 
  certain portions of the report. 94-2, Sept. 23, 1976, p 32099.
      Where a point of order against a conference report is overruled, a 
  second point of order may be pressed against the report providing that 
  debate on the report has not intervened. 91-1, Dec. 19, 20, 1969, pp 
  40262, 40445-48.

             Points of Order and the Question of Consideration

      The question of consideration may be raised against a conference 
  report before the Chair entertains points of order against the report. 
  Ordinarily, the question of consideration should be put first on the 
  ground that it is useless to argue points of order if the House is not 
  going to consider the report; but a point of order should be decided 
  before the question of consideration where the point of order is 
  directed to the issue of whether the matter is privileged to come up 
  for consideration in the first instance. See 94-2, Sept. 28, 1976, p 
  33018.
      Under Sec. 426 of the Budget Act, relating to enforcement in the 
  House of points of order relating to unfunded or underfunded federal 
  mandates, a question of consideration can be raised against a 
  provision in a conference report which increases the costs of such 
  mandates above levels specified in Sec. 424. If the provision is 
  precisely identified in the point of order, the House can then, by 
  voting on the question of consideration, determine whether or not to 
  allow the provision to remain in the conference report. See Manual 
  Sec. 1007 and Sec. 426 of the Budget Act.


  Sec. 28 . Waiving Points of Order

                              By Special Rule

      Points of order against a conference report--or against the 
  consideration of a conference report--may be waived pursuant to a 
  resolution reported by the Committee on Rules and adopted by the 
  House. 99-1, Oct. 29, 1985, p 29328; 99-2, Oct. 15, 1986, p 31497. The 
  resolution may waive all points of order or merely one or more 
  specific points of order. Such a resolution may waive points of order 
  against a conference report which has not been

[[Page 331]]

  filed for three days prior to its consideration, in violation of Rule 
  XXVIII clause 2 (94-1, Dec. 17, 1975, pp 41325, 41328; 95-2, Oct. 14, 
  1978, p 38623). Other points of order that may be waived include :

     A provision not committed to conference as not included in 
         either the pending Senate bill or the House amendment. 92-2, 
         Jan. 25, 1972, p 1076.
     Matters beyond the scope of the differences committed to 
         conference in violation of clause 3 of Rule XXVIII (relating to 
         conference substitutes). 97-2, Aug. 11, 1982, pp 20481, 20482; 
         99-2, July 24, 1986, p 17599.
     Nongermane Senate amendments which would be subject to a 
         separate vote under Rule XXVIII clause 4. 93-2, Oct. 9, 1974, p 
         34758-63; 94-2, Apr. 13, 1976, p 10811; 94-2, Aug. 10, 1976, p 
         26722.
     An appropriation in a Senate amendment. 7 Cannon Sec. 1577; 
         92-2, July 27, 1972, pp 25822-24.
     An amendment which would otherwise be subject to a point of 
         order that the language proposed is legislation on an 
         appropriation bill. 88-1, Dec. 23, 1963, p 25495.

      A resolution reported from the Committee on Rules may be drafted 
  in such a way as to waive all points of order against a conference 
  report except against certain provisions, i.e., sections therein which 
  contain matter beyond the House conferees' scope of authority in 
  violation of Rule XXVIII clause 3. 93-2, Feb. 27, 1974, p 4397.
      Resolutions waiving certain points of order against a conference 
  report are subject to germane amendment if the previous question on 
  the resolution is voted down. 93-2, Feb. 27, 1974, pp 4397, 4407, 
  4408.

                           By Unanimous Consent

      By unanimous consent the House may waive some or all of the points 
  of order that would otherwise lie against a conference report, and may 
  take such action before the report has been filed or even before the 
  conferees have reached agreement. 98-2, June 18, 1984, p 16841; 99-1, 
  Dec. 16, 1985, p 26559. By unanimous consent, the House has waived 
  points of order against:

     The three-day layover requirements of clause 2(a) of Rule 
         XXVIII to permit the consideration of a report and amendments 
         in disagreement. 98-1, Sept. 29, 1983, p 26497.
     The midnight filing of a new report on a bill recommitted to 
         conference, and the consideration of the report on the 
         following day. 97-2, Aug. 17, 1982, pp 21397, 21398.
     The consideration of a report (on a bill on which conferees 
         had just been appointed) on that same day or any day thereafter 
         (if filed). 99-1, Aug. 1, 1985, p 22640.

[[Page 332]]

     The consideration of a report not yet filed and amendments 
         reported in disagreement, subject to one-hour availability to 
         Members. 97-2, Dec. 19, 1982, p 32401.
     The requirements of clause 3 (relating to scope of conference 
         substitutes) and clause 4 (nongermane Senate amendments) of 
         Rule XXVIII. 98-2, Mar. 27, 1984, p 6576.
     The consideration of a report containing no joint statement of 
         the managers. 98-2, June 29, 1984, p 20206.

                      By Motion to Suspend the Rules

      A conference report may be adopted pursuant to a motion to suspend 
  the rules. 91-2, Dec. 31, 1970, pp 44282, 44291. Thus, the Speaker may 
  recognize a Member to move to suspend the rules and agree to a 
  conference report which has been ruled out of order because the 
  conferees exceeded their authority in violation of Rule XXVIII clause 
  3. 93-2, Dec. 20, 1974, pp 41860, 41861.


                C. Consideration and Disposition of Reports


  Sec. 29 . In General; Custody of Official Papers

      Both Houses of Congress must agree to a conference report, and 
  they do so seriatim. Either House must be in possession of the 
  official papers before it can act. Manual Sec. 549. 89-1, Oct. 20, 
  1965, pp 27698-708. Under a practice suggested by Jefferson (Manual 
  Sec. 555), at the close of an effective conference, the official 
  papers change hands from the House asking the conference to the House 
  agreeing to the conference. The managers on the part of the House 
  agreeing to the conference take possession of the papers and submit 
  them and the report to their House, which acts first on the report. 8 
  Cannon Sec. 3330; 88-1, Dec. 19, 1963, p 25249. But the managers for 
  the agreeing House may nevertheless surrender the papers to the asking 
  House so that it may act first on the report. 8 Cannon Sec. 3330. And 
  the asking House will sometimes retain the official papers at the 
  successful conclusion of the conference (instead of following the 
  customary practice of surrendering them to the agreeing body) and act 
  first on the report. 89-1, Oct. 20, 1965, pp 27698-708.
      Where a conference breaks up without reaching any agreement, the 
  managers for the House which (having the papers) asked the conference, 
  are justified in retaining them and carrying them back to their House. 
  5 Hinds Secs. 6254, 6571-6584; 8 Cannon Sec. 3332. However, in the 
  event that the matter in disagreement is an amendment of the House 
  which requested the conference, the papers may be surrendered to the 
  other House to permit it to

[[Page 333]]

  act first on, and respond to, that amendment. 94-1, Oct. 7, 1975, pp 
  31510, 32064.


  Sec. 30 . Layover and Availability Requirements

                                 Generally

      The floor consideration of conference reports is subject to the 
  layover and availability requirements of the House rules. Rule XXVIII 
  clause 2. Manual Sec. 912a. They require that conference reports:

     Be printed in the Record on the day filed and be available for 
         three calendar days (excluding Saturday, Sunday, and legal 
         holidays unless the House is in session).
     Be available to Members on the floor for at least two hours 
         before consideration thereof.

      The three-day layover requirement does not apply during the last 
  six days of a session. Manual Sec. 912a. This is construed to mean 
  that, during the last six calendar days, a conference report may be 
  called up on the same day it is filed. 91-2, Dec. 29, 1970, pp 43804-
  08, 43813-15.
      Rule XXVIII was amended in 1972 to clarify the manner of counting 
  the three days for the layover period; it forbids consideration of 
  conference reports, including reports in complete disagreement, until 
  the third calendar day following printing in the Record. 92-2, Oct. 
  13, 1972, pp 36013-15, 36021-23.

                                  Waivers

      The three-day layover rule may be waived by unanimous consent 
  (Sec. 31, infra), by suspension of the rules on suspension days (93-1, 
  June 29, 1973, pp 22381 et seq.), or, more commonly, by adoption of a 
  special rule or resolution from the Rules Committee. 92-2, Feb. 24, 
  1972, p 5495; 92-2, Aug. 18, 1972, p 29128. Such a resolution permits 
  consideration of a report on the same day as filed, and sometimes 
  permits a waiver of the three-day layover requirement for the entire 
  remainder of a session. 92-1, Dec. 9, 1971, p 45873; 93-2, Dec. 18, 
  1974, pp 40846, 40847.
      Even if the three-day layover requirement is waived, the 
  conference report is still to be available at least two hours before 
  the matter is taken up for consideration, though the two-hour 
  requirement may likewise be waived pursuant to a report from the 
  Committee on Rules. 94-2, Feb. 26, 1976, p 4625. The two-hour 
  requirement may also be waived pursuant to a unanimous-consent 
  agreement providing for consideration ``immediately'' after filing. 
  96-1, Sept. 28, 1979, p 26852.

[[Page 334]]

  Sec. 31 . Calling Up Report; Reading

                           Generally; Precedence

      A conference report may be called up in the House for floor 
  consideration as privileged business after the report has been filed 
  and is in compliance with the three-day layover and two-hour 
  availability requirements of Rule XXVIII, discussed above (Sec. 30, 
  supra). Unanimous consent is not required. 86-1, Sept. 2, 1959, p 
  17769.
      Because of its potential value in settling House-Senate 
  differences and as a parliamentary courtesy, a conference report is 
  considered as a matter of high privilege (5 Hinds Sec. 6443), its 
  presentation taking precedence over:

     Unfinished business. 95-2, Oct. 4, 1978, p 33473.
     The reading of a bill. 5 Hinds Sec. 6448.
     A Member occupying the floor in debate. 5 Hinds Sec. 6451.
     The ordering of (or demand for) the previous question. 5 Hinds 
         Secs. 6449, 6450.
     The question of ordering a recorded vote. 5 Hinds Sec. 6447.
     A motion to refer a Senate bill. 5 Hinds Sec. 6457.
     A motion to reconsider. 5 Hinds Sec. 5605.

      But the consideration of a veto message from the President is a 
  matter of higher privilege, and may interrupt consideration of a 
  conference report and amendments in disagreement if the previous 
  question has not been ordered. 95-2, Oct. 5, 1978, p 33704.

                              Who May Call Up

      A conference report may be called up for consideration in the 
  House by the senior manager on the part of the House at the 
  conference, and he may be recognized to do so even though he did not 
  sign the report and was in fact opposed to it. 90-1, Dec. 6, 1967, pp 
  35144-51. If the senior House manager is unable to be present on the 
  floor to call up the report, the Speaker may recognize another member 
  of the conference committee. 91-1, Dec. 23, 1969, pp 40982-84.

                                  Reading

      A conference report that meets the layover and availability 
  requirements of Rule XXVIII need not be read when called up for 
  consideration in the House. 96-1, Mar. 27, 1979, p 6301. If it has not 
  been available for the three-day period, it must be read in full when 
  called up for consideration (96-1, May 23, 1979, p 12469), unless 
  dispensed with by unanimous consent (95-1, Aug. 3, 1977, p 26532) or 
  by special rule. 95-1, Aug. 2, 1977, p 26103; 95-1, Aug. 4, 1977, p 
  27067. The statement of the managers ac-

[[Page 335]]

  companying a conference report may by unanimous consent be read in 
  lieu of the report. 95-1, July 18, 1977, p 23460.

                         Withdrawal; Postponement

      A conference report may be withdrawn from consideration in the 
  House by the Member calling it up at any time before action thereon. 
  95-1, July 18, 1977, p 23460.
      A motion to postpone the consideration of a conference report to a 
  time certain is permitted until the question is put on the report; 
  thereafter postponement is permitted only by unanimous consent. 93-2, 
  Oct. 15, 1974, p 35640.


  Sec. 32 . En Bloc Consideration

                                  Reports

      Ordinarily, it is not permissible to consider several conference 
  reports en bloc; each conference report should be considered and voted 
  upon separately. 91-2, June 29, 1970, p 21833. However, pursuant to a 
  resolution from the Committee on Rules, the House may consider and 
  vote on two or more conference reports en bloc. 95-2, Oct. 14, 1978, p 
  38350.

                        Amendments in Disagreement

      Where two or more amendments have emerged from conference in 
  disagreement, they may by unanimous consent be considered en bloc 
  where the same motion is to be applied to each amendment. 96-1, Nov. 
  29, 1979, p 34115. In one instance, for example, the House disposed of 
  some 47 Senate amendments by a single motion to recede and concur. 95-
  2, Sept. 28, 1978, p 32449. Disposition of Senate amendments 
  generally, see Senate Bills; Amendments Between the Houses.
      In a few instances, the Chair has entertained a unanimous-consent 
  request for en bloc consideration even where the proposed motions to 
  dispose of the amendments were not all the same, as where they 
  proposed to recede and concur with different amendments changing 
  section numbers in the report. 102-1, Nov. 6, 1991, p ____; 102-2, 
  Sept. 25, 1992, p ____; 102-2, Oct. 1, 1992, p ____. Compare 96-1, 
  Nov. 9, 1979, p 31797.


  Sec. 33 . Debate

                         Generally; Extending Time

      Debate on a conference report is under the hour rule. (See Rule 
  XIV clause 2; Manual Sec. 758.) Such debate may be extended by 
  unanimous consent but not by motion. 92-2, June 8, 1972, pp 20278-80; 
  98-2, June 27,

[[Page 336]]

  1984, p 19018. The one hour of debate could also be continued if the 
  motion for the previous question were rejected and may also be 
  extended by adoption of a special rule reported by the Committee on 
  Rules. 93-2, Feb. 27, 1974, p 4397; 94-1, Mar. 26, 1975, p 8916.

                             Division of Time

      The time for debate on a conference report or an amendment 
  emerging from conference in disagreement is equally divided between 
  the majority and minority parties, pursuant to Rule XXVIII clause 2. 
  Manual Sec. 912. The rule has been interpreted to require an equal 
  allocation of time on a motion to dispose of an amendment in 
  disagreement following rejection of a conference report by the House 
  (94-1, Dec. 15, 1975, p 40714; 95-1, Sept. 16, 1977, p 29599) or 
  following the sustaining of a point of order against a conference 
  report (94-2, Sept. 27, 1976, p 32704; 94-2, Sept. 30, 1976, p 34085). 
  Indeed, it has become the practice of the House to equally divide the 
  time on all motions to dispose of amendments emerging from conference 
  in disagreement, whether the amendment has been reported in 
  disagreement or has come before the House at some other stage for 
  disposition. See Manual Sec. 912. See also 99-2, Oct. 15, 1986, p 
  31506.

                       Three-way Division of Debate

      Rule XXVIII clause 2 was amended in the 99th Congress to provide 
  that if both the floor manager for the majority and the floor manager 
  for the minority support a conference report the hour of debate 
  thereon may be divided three ways--among the two managers and a Member 
  who is opposed. Manual Sec. 912a. 99-1, Aug. 1, 1985, p 22640. This 
  allocation may not be claimed if the minority manager states that he 
  or she is opposed to the report. 99-2, Oct. 15, 1986, p 31515. 
  Recognition of a Member to control the 20 minutes of debate in 
  opposition does not depend upon party affiliation. 99-1, Dec. 11, 
  1985, p 36069; 99-1, Dec. 16, 1985, p 36717. Priority in such 
  recognition is accorded to a member of the conference committee. 100-
  1, Dec. 21, 1987, p 37516.
      To open debate, the Chair recognizes first the majority manager, 
  then the minority manager, then the Member in opposition. The right to 
  close the debate where the time is divided three ways falls to the 
  manager offering the motion. 101-1, Nov. 21, 1989, p 30814. A similar 
  three-way division of time applies to the motion offered by the floor 
  manager to dispose of an amendment remaining in disagreement if the 
  floor managers for the majority and minority favor the motion. Manual 
  Sec. 912b.

[[Page 337]]

  Sec. 34 . -- Recognition; Control of Debate Time

                                 Generally

      When a conference report is called up and a Senate amendment in 
  disagreement is pending, the hour of debate time is equally controlled 
  by the majority and minority parties. 95-1, Oct. 12, 1977, p 33445; 
  95-1, Sept. 15, 1977, p 29425. Where the Member calling up the report 
  does not seek recognition as a majority member to offer a motion to 
  dispose of the matter reported in disagreement, another majority 
  member may be recognized to offer such a motion and to control one-
  half of the time thereon. 95-1, Nov. 3, 1977, pp 36959, 36966. And 
  where conferees have been appointed from two committees of the House, 
  the Speaker may recognize the chairman of one committee to control 30 
  minutes and a minority member of another committee to control 30 
  minutes. 92-2, Jan. 19, 1972, pp 319-324. By unanimous consent, the 
  time allocated to the majority and minority may be reallocated to 
  other Members, with the right of those Members to yield time to other 
  Members. 99-2, Oct. 8, 1986, p 29714.
      Debate in the House on a Senate amendment reported from conference 
  in disagreement having been divided, the minority member in charge 
  controls 30 minutes for debate only and can yield to other Members 
  only for debate. 94-1, Dec. 4, 1975, p 38717; 95-1, Aug. 2, 1977, p 
  26209. Another minority member, merely by offering a preferential 
  motion, does not thereby control one-half of the time under the 
  original motion. 98-2, Oct. 10, 1984, p 31694.
      But if the original motion is defeated, a second motion to dispose 
  of the amendment may be offered; and if the second motion is offered 
  by a minority member, the Chair may allocate the hour of debate 
  between him and a majority member, although neither controlled time on 
  the initial motion. 96-2, July 2, 1980, pp 18357-60.

                 Debate Following Division of the Question

      Where a preferential motion to recede and concur in an amendment 
  reported from conference in disagreement has been divided, one hour of 
  debate, equally divided between the majority and minority, is 
  permitted on the motion to recede; and if the previous question is 
  ordered only on the motion to recede and if the House then recedes and 
  a preferential motion to concur with an amendment is offered, another 
  hour of debate equally divided is permitted. 95-1, Aug. 2, 1977, p 
  26206; 95-2, Oct. 5, 1978, p 33698. The Chair may put the question on 
  receding without debate if the majority and minority floor managers do 
  not seek recognition to debate that portion of the original motion, 
  since the subsequent question of concurring, or concur-

[[Page 338]]

  ring with an amendment, is debatable for one hour, equally divided 
  between the managers. 98-2, Oct. 10, 1984, p 31694.


  Sec. 35 . Recommittal of Report

                           Generally; By Motion

      A motion to recommit a conference report is in order if the other 
  House has not acted on the report and thereby discharged its managers. 
  See Rule XVII clause 1. 88-1, Dec. 19, 1963, p 25249; 90-2, June 5, 
  1968, p 16058. After one House has acted on a report, thus discharging 
  its managers, the other House has only the option of accepting or 
  rejecting it. 89-1, Oct. 20, 1965, pp 27698-708. After both Houses 
  have acted on the report, it can be recommitted to conference only by 
  concurrent resolution. 8 Cannon Sec. 3316.
      The motion to recommit is said to be the prerogative of the 
  minority. See Refer and Recommit. But the Speaker has recognized a 
  majority member to offer a motion to recommit a conference report in 
  the absence of a minority member seeking recognition to offer the 
  motion. 91-2, July 23, 1970, p 25616.
      A motion to recommit a conference report is not in order until the 
  previous question has been ordered on the report. 91-2, Dec. 15, 1970, 
  p 41502. Thereafter, a motion to recommit the report is in order. 87-
  1, Sept. 21, 1961, p 20533; 88-1, Dec. 21, 1963, p 25409. Only one 
  valid motion is permitted, so if the motion is voted down, the 
  question before the House is on the adoption of the report. 87-2, 
  Sept. 20, 1962, pp 20094, 20105. However, if a recommittal motion with 
  instructions is ruled out on a point of order, a valid motion can 
  still be offered. A motion to recommit comes too late after the report 
  has been agreed to. 90-2, May 22, 1968, pp 14402-05.
      Where a conference report is recommitted to conference, the House 
  managers carry the original papers back to conference. 92-1, Dec. 1, 
  1971, p 43835. The same conferees remain appointed. 97-2, Aug. 17, 
  1982, pp 21397, 21398. If a second report is then filed by the 
  conferees, it is numbered and otherwise treated as a new and separate 
  report. 87-2, June 29, 1962, pp 12135, 12297, 12355.
      Instructions in motion to recommit, see Sec. 15, supra.

[[Page 339]]

                     Recommittal by Unanimous Consent

      Conference reports are sometimes recommitted by unanimous consent. 
  89-1, June 30, 1965, p 15212; 90-1, June 28, 1967, p 17738; 93-2, July 
  9, 1974, p 22319. This procedure may be used:

     To recommit a report in which an error has been discovered. 
         89-1, June 30, 1965, p 15212.
     To permit the conferees to make certain changes and to file a 
         new report. 93-1, Nov. 7, 1973, p 36222.
     Where the conferees have exceeded their authority in reporting 
         a matter not in disagreement. 90-1, June 28, 1967, p 17738.


  Sec. 36 . Final Disposition of Report; Voting

                                 Generally

      As a general rule, when a conference report has been debated and 
  its final disposition is pending only three courses of action to 
  dispose of the report are available to the Members: (1) agree, (2) 
  disagree, or (3) recommit to conference. See 5 Hinds Secs. 6546, 6558. 
  (Recommittal, see Sec. 35, supra.) Conference reports may not be:

     Disposed of by the motion to table. 5 Hinds Secs. 6538-6544.
     Referred to a standing committee. 5 Hinds Sec. 6558.
     Amended (5 Hinds Secs. 6534, 6535), except by concurrent 
         resolution (5 Hinds Sec. 6536).
     Sent to Committee of the Whole. 5 Hinds Secs. 6559-6561.

      A report having been presented, the motion to agree to the report 
  is regarded as pending. The Speaker may put the question on the report 
  without motion from the floor. 5 Hinds Sec. 6517; 8 Cannon Sec. 3300. 
  While most reports are agreed to by majority vote, a two-thirds vote 
  is required on a report relating to a constitutional amendment (5 
  Hinds Sec. 7036) and under Rule XXI clause 5(c), a three-fifths vote 
  is required on a conference report carrying a federal income tax vote 
  increase. Speaker's discretion to postpone a vote on a conference 
  report, see Rule I clause 5(b). Manual Sec. 631. Postponement by 
  unanimous consent, see Sec. 31, supra.

                              Partial Reports

      A conference report must generally be acted on as a whole, and 
  either agreed to or disagreed to in its entirety. Rejection of a 
  portion of a conference report under a House rule permitting such a 
  separate vote results in the rejection of the entire report. 92-1, 
  Nov. 10, 1971, pp 40479, 40481. And until the report has been acted on 
  no motion to deal with individual amendments is in order. 5 Hinds 
  Secs. 6323, 6389, 6390. In some cases, how-

[[Page 340]]

  ever, the managers return to the House with a partial conference 
  report dealing with the amendments on which they have reached 
  agreement, but specifying one or more amendments that remain in 
  disagreement. 5 Hinds Secs. 5460-5464. In such cases, the vote first 
  occurs on agreeing to the conference report on those matters on which 
  agreement has been reached; the amendments reported therein in 
  disagreement are reported and acted on seriatim thereafter. 88-1, Dec. 
  24, 1963, p 25532. Amendments reported in total disagreement, see 
  Sec. 39, infra.

                      Motions to Reconsider the Vote

      After disposition of the report and amendments reported from 
  conference in disagreement, it is in order to move to reconsider the 
  vote on a motion disposing of one of the amendments. 97-1, Nov. 22, 
  1981, p 28754; 98-1, Oct. 5, 1983, p 27323. But the Speaker may put 
  from the Chair as one question reconsideration of all those votes 
  (subject to demand for a separate vote on reconsideration of any 
  question) and a Member may then move to lay all motions to reconsider 
  on the table. 95-2, Oct. 4, 1978, p 33480.


  Sec. 37 . Effect of Rejection of Report; Further Conferences

      When either House disagrees to a conference report the matter is 
  left in the position it was in before the conference was asked. 5 
  Hinds Sec. 6525. Motions for the disposition of amendments in 
  disagreement or to send the matter to further conference are again in 
  order. 8 Cannon Sec. 3303. See also 87-1, Sept. 13, 1961, pp 19219-21. 
  Thus, the House may reject a conference report, insist on disagreement 
  to a Senate amendment, and ask for a further conference. 87-1, Sept. 
  26, 1961, pp 21427-40; 88-2, Aug. 18, 1964, pp 20121, 20127; 95-2, 
  Feb. 28, 1978, p 5018. However, a motion to instruct House managers at 
  a new conference is not in order until the motion to go to further 
  conference has been agreed to. 94-1, May 1, 1975, p 12761.


        D. Disposition Where Conferees Report in Total Disagreement


  Sec. 38 . In General

      Where the managers at a conference are unable to come to any 
  agreement on the matters committed to them, they must prepare a 
  written report to that effect and must sign the report. Compare 5 
  Hinds Secs. 6565-6570. The report must be filed and ordered printed. 
  Manual Sec. 545. Under the former

[[Page 341]]

  practice, amendments reported in total disagreement could be taken up 
  for immediate consideration in the House. 8 Cannon Secs. 3299, 3332. 
  Today the matter in disagreement is subject to the three-day layover 
  requirement of Rule XXVIII clause 2(b). 97-1, Nov. 12, 1981, p 27226.
      House action on amendments reported in total disagreement differs 
  from that of the Senate. In the Senate, a conference report in total 
  disagreement is considered before disposition of the reported 
  amendments. 96-1, May 23, 1979, p 12399. In the House, after the 
  report is called up, action is taken on the amendment in disagreement 
  but not on the report. 99-1, Nov. 1, 1985, pp 30126-68. Thus, where 
  conferees report in disagreement, and the Senate then recedes and 
  concurs in the House amendments with an amendment, the conference 
  report is not acted on in the House; the Speaker merely directs the 
  Clerk to report the Senate amendment to the House amendments for 
  disposition by motion. 90-1, Sept. 19, 1967, p 26040; 95-2, May 17, 
  1978, p 14116. Debate (including possible three-way debate) and voting 
  proceeds in the same manner as on amendments reported from conference 
  in partial disagreement. See Secs. 33 et seq., supra. Motions to 
  dispose of amendments in disagreement, see Senate Bills; Amendments 
  Between the Houses.



[[Page 343]]

 
                     CONGRESSIONAL DISAPPROVAL ACTIONS

  Sec. 1. In General
  Sec. 2. Constitutionality
  Sec. 3. Consideration in the House
        Research References
          U.S. Const. art. I Sec. 7
          Manual Secs. 1013-1013(26)


  Sec. 1 . In General

      Congress has enacted numerous laws reserving to itself a right of 
  review by approval or disapproval of certain actions of the executive 
  branch or of independent agencies. These laws, known as 
  ``Congressional disapproval'' statutes, take various forms. For 
  example, the Alaska Natural Gas Transportation Act permits the 
  privileged consideration of joint resolutions approving Presidential 
  decisions on the Alaska natural gas transportation system, when those 
  resolutions are reported from committee or are discharged after 30 
  days. 15 USC Secs. 719(f), 719(g). Manual Sec. 1013(20). See 95-1, 
  Nov. 1, 1977, p 36347. Another statute sets forth a similar procedure 
  for congressional approval or disapproval of certain actions by the 
  District of Columbia Council. District of Columbia Home Rule Act, 
  Secs. 602(c), 604. Manual Sec. 1013(5).


  Sec. 2 . Constitutionality

      Recent Federal court decisions indicate that congressional action 
  to approve or disapprove an executive branch determination should be 
  undertaken by way of a bill or joint resolution and not by way of a 
  simple or concurrent resolution or through committee action. In 1983, 
  the U.S. Supreme Court declared in Immigration and Naturalization 
  Service v Chadha that a statute permitting the disapproval of a 
  decision of the attorney general by simple resolution of one House 
  only was unconstitutional. The Court said the device violated the 
  doctrine of separation of powers, the principle of bicameralism, and 
  the clause of the Constitution requiring that legislation passed by 
  both Chambers must be presented to the President for his signature or 
  veto. See 462 US 919. In an earlier decision, the U.S. Court of 
  Appeals had specifically held a one-house legislative veto provision 
  in the Natural Gas Policy Act of 1978 (15 USC Sec. 3341(b)) to be 
  unconstitutional. In its decision the circuit court (for the District 
  of Columbia) said that the pri-

[[Page 344]]

  mary basis for its holding was that the one-house veto violates 
  constitutional Article I section 7, both by preventing the President 
  from exercising his veto power and by permitting legislative action by 
  only one House of Congress. The circuit court also found the one-house 
  veto to contravene the separation of powers principle implicit in 
  Articles I, II, and III because it authorizes the legislature to share 
  powers properly exercised by the other two branches of government. The 
  court declared that Article I section 7 sets forth the fundamental 
  prerequisites to the enactment of federal laws--bicameral passage of 
  legislation and presentation for approval or disapproval by the 
  President, and held that congressional disapproval of final agency 
  rules must comply with these requirements. The court added that 
  Congress may choose to use a resolution of disapproval as a means of 
  expediting action, but only if it acts by both Houses and presents the 
  resolution to the President. Consumer Energy Council of America, et 
  al. v FERC, 673 F2d 425 (D.C. Cir. 1982), Affd, 103 S. Ct. 3556.
      In the light of these decisions, Congress has amended several 
  statutes to convert procedures involving simple or concurrent 
  resolutions of approval or disapproval to procedures requiring joint 
  resolutions to be presented to the President for his signature or 
  returned for a possible veto override, consistent with the 
  ``presentment'' clause of Article I section 7. Manual Sec. 1013.


  Sec. 3 . Consideration in the House

      Many ``Congressional disapproval'' statutes prescribe special 
  procedures for the House to follow when reviewing executive branch 
  actions. Manual Secs. 1013(1)-1013(32). For a list of statutes having 
  such procedures, see Manual Sec. 1013. These procedures technically 
  are rules of the House, enacted expressly or impliedly as an exercise 
  of the House's rule-making authority. At the beginning of each 
  Congress, it is customary for the House to reincorporate by reference 
  in the resolution adopting its rules such ``Congressional 
  disapproval'' procedures as may exist in current law. Nevertheless, 
  because the House retains the constitutional right to change its rules 
  at any time, the Committee on Rules may report a resolution varying 
  such procedures. Manual Sec. 1013.
      Where a law enacted as a rule of both Houses provides special 
  procedures during consideration of a joint resolution approving a 
  Presidential determination, and the House then adopts a special order 
  providing for consideration of such a joint resolution in the House, 
  the Speaker will nevertheless interpret the special statutory 
  provisions to apply if consistent with the special order. 97-1, Dec. 
  10, 1981, p 30486.



[[Page 345]]

 
                           CONGRESSIONAL RECORD

   Sec. 1. In General; Control Over the Record
   Sec. 2. Matters Printed in the Record
   Sec. 3. Corretions; Deletions
   Sec. 4. Printing Errors
   Sec. 5. Extensions of Remarks; Insertions
        Research References
          5 Hinds Secs. 6958-7024
          8 Cannon Secs. 3459-3502
          1 Deschler Ch 5 Secs. 15-20
          Manual Secs. 923-929


  Sec. 1 . In General; Control Over the Record

      The present system of reporting the proceedings of the House for 
  the Congressional Record is the result of gradual evolution. The first 
  debates, beginning in 1789, were published in condensed form in the 
  Annals of Congress. The Congressional Globe began in 1833 and 
  continued until 1873, when the Congressional Record began. 5 Hinds 
  Sec. 6959.
      The Record is governed by statutory provisions and rules as to its 
  format and content. 44 USC Secs. 901-910. Control over the arrangement 
  and style of the Record, including maps, diagrams, and illustrations 
  (44 USC Sec. 904), is vested in the Joint Committee on Printing (44 
  USC Sec. 901). Neither the Speaker nor the House may order changes in 
  the type size or printing style without the approval of the Joint 
  Committee on Printing. Deschler Ch 5 Secs. 15.1, 15.2.
      The proceedings of the House and the proceedings of the Senate are 
  published in separate portions of the Record, and each House 
  separately controls the content of its portion of the Record. 8 Cannon 
  Sec. 2503. The statement of a Senator that would normally appear in 
  the Senate portion of the Record may not be inserted in that portion 
  of the Record dealing with the proceedings of the House. 87-2, Jan. 
  16, 1962, p 291.
      Both the Joint Committee on Printing and the House have adopted 
  supplemental rules governing publication in the Record. Manual 
  Sec. 924. The Committee on House Oversight has jurisdiction of matters 
  relating to printing and correction of the Record. Rule X(h)(8).
      A Member is not entitled to inspect the reporter's notes of 
  remarks of others not reflecting on himself (5 Hinds Sec. 6964), nor 
  may he demand that they be read (5 Hinds Sec. 6967; 8 Cannon 
  Sec. 3460).

[[Page 346]]

  Sec. 2 . Matters Printed in the Record

                                 Generally

      The content of the House portion of the Record is governed by 
  statutory law, the House rules, and the customs and practices of the 
  House. In addition, the House often agrees by unanimous consent to 
  permit certain matter to be inserted in the Record which would not 
  ordinarily be included. Deschler Ch 5 Sec. 16.
      The Congressional Record is required by House rule to be a 
  ``substantially verbatim account'' of the proceedings of the House. 
  Manual Sec. 764a. Because of this requirement, the Speaker will not 
  entertain a unanimous-consent request to give a special-order speech 
  ``off the Record.'' 102-2, June 24, 1992, p ____.
      Additional matters required by statute or House rules to be 
  printed in the Record include:

    The oath of office subscribed to by a Member. 2 USC Sec. 25.
    Referrals to committee under Rule XXII. Manual Sec. 854.
    The filing of committee reports. Manual Sec. 743.
    Reports submitted to Congress pursuant to a statute requiring 
         publication in the Record. 87-1, Mar. 24, 1961, pp 4816-18; 87-
         2, Mar. 15, 1962, p 4324.
    Amendments to be protected for debate time under the five-
         minute rule. Manual Sec. 874.
    Conference reports and accompanying statements. Manual 
         Sec. 912.
    Messages received from the Senate and President giving notice 
         of bills passed or approved. Manual Sec. 935.
     Statements and rulings of the Chair. 104-1, Jan. 20, 1995, p 
         ____.
    Motions to discharge. Manual Sec. 908.
    Voting pairs. Manual Sec. 660.
    Timely changes in votes. Deschler Ch 5 Sec. 16.14.

      The Record is for the proceedings of the House and Senate only, 
  and unrelated matters are rigidly excluded. 5 Hinds Sec. 6962. It is 
  not, however, the official record, that function being fulfilled by 
  the Journal. See Journal.
      As a general principle the Speaker has no control over the Record 
  (5 Hinds Secs. 6983, 7017); the House, and not the Speaker, determines 
  the extent to which a Member may be allowed to extend his remarks (5 
  Hinds Secs. 6997-7000; 8 Cannon Sec. 3475), whether or not a 
  copyrighted article shall be printed therein (5 Hinds Sec. 6985), or 
  whether there has been an abuse of the leave to print (5 Hinds 
  Sec. 7012; 8 Cannon Sec. 3474).

[[Page 347]]

      The House frequently agrees by unanimous consent to permit 
  insertions of matters of general interest in the Record at the request 
  of Members. Matter which may be inserted in the Record under this 
  procedure include:

    Information relative to the installation of voting equipment in 
         the Chamber. 91-2, Nov. 25, 1970, p 39085.
    Records from litigation involving the House. 90-1, Apr. 10, 
         1967, pp 8729-62.
    The transcript of proceedings of the House in a secret session. 
         96-1, July 17, 1979, p 19049.
    Summaries of the work of Congress or its committees at 
         adjournment. 92-2, Oct. 18, 1972, p 37063; 94-1, Dec. 19, 1975, 
         p 41975; 92-1, Dec. 17, 1971, p 47677; 93-2, Dec. 20, 1974, p 
         41860.

                   Dispensing With Printing Requirements

      The House, in the interests of economy (92-2, May 16, 1972, p 
  17394), occasionally agrees by unanimous consent to dispense with the 
  printing in the Record of an especially lengthy bill (88-1, June 17, 
  1963, p 10910; 88-1, Sept. 25, 1963, p 18044; 95-1, Aug. 5, 1977, p 
  27218), and may instead provide for an explanatory statement in lieu 
  thereof. 87-2, Apr. 2, 1962, p 5531. In such cases, the House will 
  weigh the cost of publishing the bill in the Record against the 
  importance of the bill and the value of its quick dissemination. See 
  95-1, Aug. 5, 1977, p 27218.


  Sec. 3 . Corrections; Deletions

      Under an amendment to Rule XIV clause 9 adopted in 1995, the 
  Congressional Record account of remarks made during debate is subject 
  to technical, grammatical, and typographical corrections authorized by 
  the Member making the remarks involved. Unparliamentary remarks may be 
  deleted only by permission or order of the House. Manual Sec. 764a.
      The remarks of a Member, if in order, cannot be stricken from the 
  Record by the House. 5 Hinds Sec. 6974; 8 Cannon Sec. 3498. But 
  remarks that are out of order may be excluded from the Record by House 
  order. See Deschler Ch 5 Sec. 19.8.
      Remarks by an interrupting Member who has not been recognized do 
  not appear in the Record. Manual Sec. 750.
      The Committee of the Whole has no control over deletions from the 
  Record. 5 Hinds Sec. 6986; Deschler Ch 5 Sec. 17.22.

[[Page 348]]

  Sec. 4 . Printing Errors

                                 Generally

      The House may correct errors in the printing of the Record in 
  order to ensure that the proceedings of the House are accurately 
  recorded. 5 Hinds Sec. 6972. The authority to correct such errors is 
  vested in the House, not the Speaker. 5 Hinds Sec. 7019; Deschler Ch 5 
  Sec. 18.
      The correction of an error in the Record may present a question of 
  the privileges of the House. Deschler Ch 5 Secs. 18.1, 18.2; Manual 
  Sec. 927. However, this question may not be raised until the daily 
  edition of the Record has appeared (Deschler Ch 5 Sec. 18), and no 
  corrections may be submitted after the permanent edition of the 
  particular volume is published. 91-1, Jan. 23, 1969, p 430.
      Errors that may be corrected under this procedure are errors in 
  the transcript or printing of the proceedings, not errors of fact made 
  by a Member during debate. The House may not change the Record merely 
  to show what should have been said on the floor. 5 Hinds Sec. 6974; 8 
  Cannon Sec. 3498; Deschler Ch 5 Sec. 18.

                          By Motion or Resolution

      A motion or resolution to correct the Record is in order (Deschler 
  Ch 5 Sec. 18) after the approval of the Journal (Deschler Ch 5 
  Sec. 18.6). A motion or resolution to correct the Record is also in 
  order after objection to a unanimous-consent request to that effect 
  has been objected to (Deschler Ch 5 Sec. 18.9). It is debatable under 
  the hour rule (Deschler Ch 5 Secs. 18.7, 18.10), and is subject to a 
  motion to refer to the Committee on Rules (Deschler Ch 5 Sec. 18.8).


  Sec. 5 . Extensions of Remarks; Insertions

                                 Generally

      In 1968, the Appendix of the Record was replaced by a new heading, 
  ``Extensions of Remarks,'' for the inclusion of material in the Record 
  which is extraneous to the proceedings on the floor. 90-2, Jan. 5, 
  1968, p 56. See also 104-1, Jan. 4, 1995, p ____. A Member may be 
  permitted to extend his remarks in this part of the Record so as to 
  insert (1) a speech that was not actually delivered on the floor and 
  (2) extraneous materials related to the subject under discussion, 
  provided the consent of the House is obtained. 5 Hinds Secs. 6990-
  6993; Deschler Ch 5 Sec. 20. This has been a practice of long-
  standing, dating from as early as 1852, when it was the custom to 
  print undelivered speeches in the Appendix to the Record. 5 Hinds 
  Sec. 6993. Under

[[Page 349]]

  the modern practice, such insertions are permitted by unanimous 
  consent and not by privileged motion. 94-2, June 29, 1976, p 21146.
      Permission to include extraneous materials may be granted only by 
  the House. The Chairman of the Committee of the Whole may recognize a 
  Member to extend his own remarks (see Deschler Ch 5 Sec. 20.12), but 
  the Committee of the Whole lacks the power to permit the inclusion of 
  extraneous materials (91-1, Sept. 4, 1969, p 24372.
      Permission to extend must be sought by the Member whose remarks 
  are to be inserted (Deschler Ch 5 Sec. 20), although general 
  permission to extend is sometimes given to some or all Members. 97-2, 
  Aug. 10, 1982, p 20266; 98-1, Nov. 15, 1983, p 32668.
      The substantially verbatim account must be clearly 
  distinguishable, by different typeface, from material inserted under 
  permission to extend remarks; the Speaker has instructed the Official 
  Reporters of Debates to adhere strictly to this requirement. 100-2, 
  Mar. 2, 1988, p 2963; 103-1, Feb. 3, 1993, p ____.

                          Objecting to Extensions

      Any Member may object to a unanimous-consent request to extend 
  remarks or include extraneous material. And a Member may object to 
  unanimous-consent requests en bloc (made at the end of the day by the 
  Majority or Minority Leader) or only to certain of those requests. 94-
  2, June 29, 1976, p 21165.

                                Timeliness

      Permission to extend must be sought at the proper time. Requests 
  to insert made prior to the reading and approval of the Journal will 
  not be entertained. 87-2, Sept. 19, 1962, p 19940. The Speaker may 
  decline to entertain a request to extend remarks pending a motion to 
  discharge a committee (Deschler Ch 5 Sec. 20.7) or during the pendency 
  of a motion to suspend the rules (Deschler Ch 5 Sec. 20.8).

                            Strict Construction

      Authorizations to extend remarks in the Record are strictly 
  construed. (Deschler Ch 5 Sec. 20.) A Member who has received 
  permission to extend his remarks may not without consent include in 
  such remarks extraneous matter, such as an article or speech by 
  another person. 8 Cannon Sec. 3479; Deschler Ch 5 Sec. 20.23. 
  Similarly, a Member who has obtained the consent of the House to 
  extend remarks only on a specific bill must confine his insertions to 
  the subject matter of the bill and may not include extraneous 
  materials such as letters, editorials, or articles. (Deschler Ch 5 
  Sec. 20.24.)

[[Page 350]]

      The Chair may decline to entertain a request that a Member be 
  permitted to revise and extend his remarks on a point of order (98-1, 
  Nov. 2, 1983, p 30545) or to insert, immediately following a roll call 
  vote on an amendment, a previous record vote on the same subject (96-
  2, Jan. 30, 1980, p 1319).

                         Limitations on Insertions

      Under leave to extend a Member may not insert matter which:

    Would be out of order if stated on the House floor. 5 Hinds 
         Sec. 7003; 8 Cannon Sec. 3472; 102-2, Oct. 2, 1992, p ____.
    Is unparliamentary. 8 Cannon Sec. 2513; Deschler Ch 5 
         Secs. 20.19, et seq.
    Fails to comply with statute or the rules of the Joint 
         Committee on Printing as to format (44 USC Sec. 904), cost-
         estimate requirements (87-2, Feb. 12, 1962, p 2207; 87-2, Oct. 
         9, 1962, p 22850), and subject matter (92-2, May 10, 1972, pp 
         16661, 16748-16836). See also 8 Cannon Sec. 3501.
    Fails to conform to the descriptions implicit in the request to 
         which the House consented. 5 Hinds Sec. 7001; 8 Cannon 
         Sec. 3479; Deschler Ch 5 Secs. 20.25, 20.26.
    Fails to include the Member's signature (93-2, Aug. 15, 1974, p 
         28385).
    Alters the nature of coloquies as recorded on the floor (96-1, 
         May 7, 1979, p 10099) or changes the meaning of what another 
         Member said (Deschler Ch 5 Sec. 20.3).
    Includes newspaper articles or other extraneous matter without 
         having obtained authority to do so. 8 Cannon Secs. 3480-3483.

                          Abuse of Leave to Print

      Abuse of the leave to print gives rise to a question of privilege. 
  5 Hinds Secs. 7008, 7011; 8 Cannon Secs. 3491, 3495. A resolution to 
  investigate the propriety of remarks as constituting such abuse (8 
  Cannon Sec. 3495), or for the appointment of a committee to consider 
  the propriety of remarks inserted under leave to print (8 Cannon 
  Sec. 3493) is privileged (5 Hinds Sec. 7012), but is not in order 
  until the Record appears (5 Hinds Secs. 7020, 7021). An inquiry by the 
  House as to alleged abuse of leave to print does not necessarily 
  entitle the Member implicated to the floor on a question of personal 
  privilege (5 Hinds Sec. 7012); but when a committee is appointed to 
  investigate the propriety of a Member's remarks in the Record, the 
  Member is afforded an opportunity to be heard (8 Cannon Sec. 3491).

                                Expungement

      The extension of remarks in the Record by a Member without the 
  permission of the House constitutes grounds for a question of the 
  privilege of the House, and the House may expunge such remarks from 
  the Record. Deschler Ch 5 Sec. 20.2. A resolution to expunge a speech 
  alleged to be an

[[Page 351]]

  abuse of leave to print is privileged (8 Cannon Secs. 3475, 3491), and 
  entitles its proponent to recognition to debate it (8 Cannon 
  Sec. 3479).

                                   Forms

      Member: Mr. Speaker, I ask unanimous consent to revise and extend 
    my remarks in the Record.
      Opponent: Reserving the right to object, on what subject does the 
    gentleman propose to extend remarks?
      Member: Mr. Speaker, I ask unanimous consent to extend my remarks 
    on the bill just passed, H.R. __________, by inserting an article 
    pertaining thereto.
      Majority Leader: Mr. Speaker, I ask unanimous consent that all 
    Members speaking on the bill have five legislative days in which to 
    extend remarks in the Record, to be confined to the bill.



[[Page 353]]

 
                         CONSIDERATION AND DEBATE

              A. Introductory; Initiating Consideration and Debate

  Sec.  1. In General; In the House
  Sec.  2. Order of Consideration
  Sec.  3. Use of Special Rules
  Sec.  4. Consideration Under Suspension of the Rules
  Sec.  5. Role of Calendars
  Sec.  6. Consideration by Unanimous Consent
  Sec.  7. In Committee of the Whole
  Sec.  8. In the House as in Committee of the Whole
  Sec.  9. Limitations on Debate; Nondebatable Matters

              B. Control and Distribution of Time for Debate

  Sec. 10. In General; Role of Manager
  Sec. 11. Distribution and Alternation
  Sec. 12. Management by Committee
  Sec. 13. Designation of Managers
  Sec. 14. Effect of Special Rules
  Sec. 15. Yielding Time-- For Debate
  Sec. 16. -- Yielding for Amendment
  Sec. 17. Interruptions; Losing or Surrendering Control

              C. Relevancy in Debate

  Sec. 18. In General; In the House
  Sec. 19. In Committee of the Whole-- General Debate
  Sec. 20. -- Under the Five-minute Rule

              D. Disorder in Debate

  Sec. 21. In General
  Sec. 22. Disorderly Language
  Sec. 23. -- References to Senate
  Sec. 24. -- References to the Press, Media, or Gallery
  Sec. 25. -- References to Executive Officials
  Sec. 26. Procedure; Calls to Order
  Sec. 27. -- Procedure in the Committee of the Whole
  Sec. 28. -- Taking Down Words

[[Page 354]]

  Sec. 29. -- Withdrawal or Modification of Words
  Sec. 30. -- Permission to Explain
  Sec. 31. -- Speaker's Ruling
  Sec. 32. -- Discipline; Post-ruling Motions

              E. Critical References to the House, Committees, or 
                 Members

  Sec. 33. In General; Criticism of the House
  Sec. 34. Criticism of Committees
  Sec. 35. Criticism of Speaker
  Sec. 36. Criticism of Legislative Actions or Proposals
  Sec. 37. Critical References to Members
  Sec. 38. -- Use of Colloquialisms; Sarcasm
  Sec. 39. -- Impugning Motives
  Sec. 40. -- Charging Falsehood or Deception
  Sec. 41. -- Lack of Intelligence or Knowledge
  Sec. 42. -- References to Race or to Racial Prejudice
  Sec. 43. -- Charges Relating to Loyalty or Patriotism

              F. Duration of Debate in House

  Sec. 44. In General
  Sec. 45. The Hour Rule
  Sec. 46. Ten-minute, Twenty-minute, and Forty-minute Debate
  Sec. 47. Debate in the House as in Committee of the Whole
  Sec. 48. Limiting or Extending Debate Time
  Sec. 49. Closing Debate
  Sec. 50. One-minute and Special-order Speeches; Morning Hour Debates

              G. Duration of Debate in Committee of the Whole

  Sec. 51. In General; Effect of Special Rules
  Sec. 52. General Debate
  Sec. 53. Limiting or Closing General Debate
  Sec. 54. Five-minute Debate
  Sec. 55. -- Limiting or Extending Five-minute Debate-- By House Action
  Sec. 56. -- By Motion in the Committee of the Whole
  Sec. 57. -- By Unanimous Consent in the Committee of the Whole
  Sec. 58. Motions Allocating or Reserving Time

[[Page 355]]

  Sec. 59. Timekeeping; Charging Time

              H. Reading Papers; Displays and Exhibits

  Sec. 60. Reading Papers
  Sec. 61. Use of Exhibits
  Sec. 62. -- Decorum Requirements

              I. Secret Sessions

  Sec. 63. In General
  Sec. 64. Motions; Debate
  Sec. 65. Secrecy Restrictions and Guidelines
        Research References
          5 Hinds Secs. 4978-5299
          8 Cannon Secs. 2448-2608
          Manual Secs. 359, 364, 369-372, 465, 622, 749, 753-758, 762, 
            804, 805, 870-874, 907, 922
          Deschler-Brown Ch 29


           A. Introductory; Initiating Consideration and Debate


  Sec. 1 . In General; In the House

                    Generally; Initiating Consideration

      Whether and how a matter is to be considered depends on many 
  factors--the way it is brought to the floor, on the nature and 
  precedence of the proposal, and on agreements reached by the 
  leadership and membership on the method of consideration. And the 
  House may reject a proposal to consider a matter by voting solely on 
  the question of consideration. See Question of Consideration.
      Measures may be called up for consideration pursuant to special 
  rules reported from the Committee on Rules, by motions to suspend the 
  rules, and by unanimous-consent agreements. Certain measures may be 
  called up for consideration in the House as privileged if reported by 
  the appropriate committee (Manual Secs. 726-728), but where not so 
  reported, such a measure must be called up by some other procedure, 
  such as suspension of the rules or a special rule making the matter 
  privileged. 95-1, Feb. 17, 1977, pp 4579-81; 87-2, Sept. 27, 1962, p 
  21048. See also 95-2, May 18, 1978, p 14377.
      A measure cannot be considered if there is no mechanism under 
  rules of the House that permits such consideration. Except by 
  unanimous consent,

[[Page 356]]

  the Speaker has no authority to permit consideration in the House of a 
  matter which is not in order under the rules. 95-1, Feb. 16, 1977, p 
  4053. House consideration of commemoration bills and certain private 
  bills (Rule XXII clause 2) and measures carrying a retroactive federal 
  income tax rate increase (Rule XXI clause 5) is expressly prohibited.
      Generally, questions are not considered on the floor unless 
  reported or discharged from House committees, although the House rules 
  permit the immediate consideration of introduced bills under certain 
  circumstances. Secs. 3, 4, infra. Certain time periods or ``layover'' 
  requirements may be a condition precedent to consideration in the 
  House after the committee has reported the matter in question. See 
  Committees. And even though a committee may have reported a bill 
  favorably, a Member cannot rise and debate it until the Chair has 
  recognized him to do so. See Recognition.
      Other factors bearing on consideration include whether the 
  proposal has been referred to the House or Union Calendar, or whether 
  the proposal is called up from a particular special calendar such as 
  the Corrections Calendar (see Sec. 5, infra).

                             Initiating Debate

      As a general rule debate is not in order until a motion has been 
  made (5 Hinds Secs. 4984, 4985) and stated by the Chair or read by the 
  Clerk (5 Hinds Secs. 4982, 4983, 5304). One mechanism for initiating 
  debate on a matter is for a Member to make a motion that is debatable 
  under a specific rule of the House. (See, for example, Rule XXVII 
  clause 3, authorizing forty minutes of debate on a motion to suspend 
  the rules and pass a bill.)
      However, debate may be initiated without motion:

     When requests to consider a proposition have been granted. 4 
         Hinds Sec. 3058.
     When questions of personal privilege are raised. 3 Hinds 
         Sec. 2546.
     When conference reports are considered (5 Hinds Sec. 6517), 
         the question on agreeing being regarded as pending (Manual 
         Sec. 550).
     When the Committee of the Whole reports its recommendation to 
         the House. 4 Hinds Sec. 4896.
     When personal explanations are made by unanimous consent. 5 
         Hinds Sec. 5064.

      It should also be noted that debate on a matter may be initiated 
  without motion if such debate is authorized or directed by special 
  rule or if the matter is business being considered from a special 
  calendar that is before the House.

[[Page 357]]

  Sec. 2 . Order of Consideration

      A general rule for the ``daily order of business'' is set forth in 
  Rule XXIV, which specifies the sequence in which certain matters are 
  to be taken up. Manual Sec. 878. The order of consideration may be 
  varied by unanimous-consent agreements (Sec. 6, infra), and by special 
  orders reported from the Committee on Rules and adopted by the House. 
  Generally, see Order of Business. See also Special Rules.
      Among the privileged matters which may affect the order of 
  consideration are: (1) general appropriation bills (Rule XVI clause 
  9), (2) conference reports (Rule XXVIII clause 1(a)) and (3) special 
  orders reported by the Committee on Rules (Rule XI clause 4(b)). 
  Manual Sec. 880. Generally, see Questions of Privilege.
      Some propositions are privileged for consideration on certain days 
  of the week or month. On any Monday or Tuesday, for example, the 
  Speaker may recognize Members to move to suspend the rules and pass 
  bills. Manual Sec. 902. See also Sec. 5, infra.


  Sec. 3 . Use of Special Rules

      A major portion of the legislation taken up in the House is 
  considered pursuant to resolutions, also called ``special rules'' or 
  ``special orders,'' reported by the Committee on Rules and adopted by 
  the House. While the general effect of the adoption of a resolution 
  making in order the consideration of a bill is to give to the bill a 
  privileged status (Deschler Ch 21 Sec. 16), the adoption of the 
  resolution making in order the consideration of a bill does not make 
  the consideration mandatory unless so stated in the resolution. The 
  resolution may provide that ``the House shall immediately consider'' 
  the bill; it may permit the Speaker to declare the House resolved into 
  Committee of the Whole for the consideration of the bill (see Rule 
  XXIII clause 1(b); it may provide for consideration at some specified 
  time in the order of business. See Sec. 12, infra. If the special rule 
  places control over the calling up of the bill in a Member, the 
  consideration of the bill must await the initiative of that Member. 
  See Deschler Ch 21 Secs. 20.16, 20.17.
      Special rules may provide for the consideration of a bill or 
  resolution in the Committee of the Whole, in the House, or in the 
  House as in the Committee of the Whole. See Deschler Ch 21 
  Secs. 20.16, 20.17.
      The measure whose consideration is made in order by a special rule 
  may consist of a House or Senate bill or resolution. Deschler Ch 21 
  Secs. 20.5-20.15. A special rule may be limited in scope, as where it 
  applies merely to a specified amendment to a pending bill. 8 Cannon 
  Sec. 2258.

[[Page 358]]

      The resolution may waive one or more House rules which impede the 
  consideration of the bill or amendment thereto; and points of order do 
  not lie against the consideration of such a resolution, as it is for 
  the House to determine, by a majority vote on the adoption of the 
  resolution, whether certain rules should be waived. Deschler Ch 21 
  Secs. 16.9-16.14. Generally, see Special Rules.


  Sec. 4 . Consideration Under Suspension of the Rules

      A motion to suspend the rules may be used to bring a matter before 
  the House and pass it under Rule XXVII clause 1. 5 Hinds Secs. 6846, 
  6847. Additionally, the motion to suspend may provide for a series of 
  procedural steps, including the reconsideration of a bill already 
  passed, agreement to an amendment, and repassage as amended. 5 Hinds 
  Sec. 6849. The motion may provide for the passage of a bill even if 
  the bill has not been reported or referred to any calendar or even 
  previously introduced. 8 Cannon Sec. 3421. The motion may be used for 
  example:

     To pass a measure submitted from the floor and not considered 
         by a committee. Deschler Ch 21 Sec. 9.19.
     To pass a bill which is pending before a committee but which 
         has not been reported. Deschler Ch 21 Sec. 9.
     To pass a Senate bill similar to a House bill. Deschler Ch 21 
         Sec. 9.3.
     To take a bill from the Speaker's table and agree to Senate 
         amendments (8 Cannon Sec. 3425) or amend Senate amendments (93-
         1, Dec. 20, 1973, p 42883).
     To pass a Senate measure as amended, insist on the House 
         amendment and request a conference. See 103-2, Mar. 24, 1994, p 
         ____.
     To waive a rule of the House. 5 Hinds Sec. 6862.

      The motion to suspend the rules as authorized by House Rule XXVII 
  clause 1 is privileged (Manual Sec. 902), but is in order only on the 
  days specified by the rule or when the House by unanimous consent or 
  rule gives the Speaker authority to recognize for such motions on 
  other days of the week. In any case, recognition to make the motion is 
  within the discretion of the Speaker. The motion is debatable for 40 
  minutes, is not amendable, and requires a two-thirds vote for 
  adoption. See Suspension of Rules.


  Sec. 5 . Role of Calendars

                                 Generally

      The House maintains various calendars to facilitate the 
  consideration of different classes of legislative business. The 
  primary calendars are (1) the Union Calendar, for business to be taken 
  up in the Committee of the Whole,

[[Page 359]]

  (2) the House Calendar, for matters to be considered in the House, (3) 
  the Private Calendar, to which all reported private bills are 
  referred, and (4) the Corrections Calendar. Most legislative business 
  reported from committee is referred to one of these calendars. Manual 
  Sec. 742. In addition the House maintains a Discharge Calendar for 
  motions to discharge a committee (Manual Sec. 908).

                         The Corrections Calendar

      The transaction of business by a call of the Corrections Calendar 
  is authorized by Rule XIII clause 4. This rule, adopted in the 104th 
  Congress, establishes a procedure under which certain bills and 
  resolutions may be considered on the second and fourth Tuesdays of 
  each month. The rule permits the Speaker, after consultation with the 
  Minority Leader, to file a notice with the Clerk requesting that a 
  bill be placed on the calendar, where the bill has been reported and 
  is on either the House or Union Calendar. Manual Sec. 745a.
      Measures on the Corrections Calendar are called in numerical 
  order, following the Pledge of Allegiance in the order of business, 
  after they have been on the calendar for three legislative days and 
  require a three-fifths vote for passage. Manual Sec. 746. See also 
  Calendars.


  Sec. 6 . Consideration by Unanimous Consent

      The House, pursuant to a unanimous-consent agreement, sometimes 
  permits the consideration of a bill that is not otherwise in order 
  under the rules, for example, one not yet introduced. 97-1, July 17, 
  1981, p 16315; 97-2, June 23, 1982, p 14989. A request for unanimous 
  consent to consider a bill is in effect a request to suspend the order 
  of business temporarily. Any Member may object or demand the ``regular 
  order.'' 4 Hinds Sec. 3058. The Speaker may in his discretion decline 
  to recognize a Member who rises to seek the consent of the House to 
  such an agreement. 97-1, July 17, 1981, p 16315.
      The Speaker may decline recognition where the Member making the 
  request has failed to comply with the Speaker's policy that he and the 
  party leaders be notified in advance of the intention to submit 
  unanimous-consent requests for changes in the order of business. 6 
  Cannon Sec. 708; Deschler Ch 23 Sec. 44.1. In recent years, the 
  Speaker has consistently declined to recognize Members to seek 
  consideration of bills by unanimous consent unless assured that the 
  majority and minority elected floor leaderships and subcommittee and 
  ranking minority members have no objection. See Manual Secs. 757, 881, 
  for discussion of various situations in which the Speaker has declined 
  recognition for unanimous-consent consideration of a measure. The 
  Speaker's

[[Page 360]]

  authority to decline to recognize individual Members to request 
  unanimous consent for the consideration of bills derives from clause 2 
  of Rule XIV, which confers the general power of recognition on the 
  Speaker. 98-2, Jan. 26, 1984, pp 449, 450.
      By unanimous-consent agreement, it may be made in order to 
  consider a bill ``under the general rules of the House.'' 87-1, July 
  31, 1961, p 14050; see also 91-1, Mar. 27, 1969, p 7895. If on the 
  Union Calendar the bill will then normally be considered in the 
  Committee of the Whole; however, the bill may be called up pursuant to 
  the agreement and then by unanimous consent considered in the House as 
  in Committee of the Whole. 91-1, Apr. 1, 1969, p 8136.
      A unanimous-consent agreement permitting the consideration of a 
  measure may specify the time at which the measure is to be called up--
  either immediately or on a subsequent day--and may also limit the 
  duration of debate, provide how it is to be divided, waive certain 
  points of order, and make provision for the number and kinds of 
  amendments and motions that may be offered. 97-2, June 23, 1982, p 
  14989; 99-1, Dec. 12, 1985, p 36174.
      This unanimous-consent procedure may be applied across a wide 
  range of House legislative business. It may be used:

     To call up for consideration a nonprivileged resolution. 
         Deschler Ch 23 Sec. 47.4.
     To consider a bill under the general rules of the House. 87-1, 
         July 31, 1961, p 14050; 91-1, Mar. 27, 1969, p 7895.
     To call up as privileged a bill not otherwise in order. 92-1, 
         Sept. 29, 1971, p 33826; 95-1, Feb. 17, 1977, pp 4579-81.
     To agree to a special order for the consideration of certain 
         business. 4 Hinds Secs. 3165, 3166; 7 Cannon Secs. 758-760.
     To permit consideration in the House on any subsequent day of 
         a bill to be introduced by the Chairman of the Appropriations 
         Committee. 97-2, June 23, 1982, p 14989.
     To discharge the Committee on Appropriations from 
         consideration of a joint resolution continuing appropriations. 
         99-1, Dec. 12, 1985, p 36174.
     To discharge the Committee of the Whole from further 
         consideration of a bill being read for amendment under a 
         special order, and agreeing that certain amendments be 
         considered as agreed to. 98-1, Nov. 18, 1983, p 34160.

[[Page 361]]

     To consider a bill reported from the Committee on Ways and 
         Means extending the public debt limit, and waiving all points 
         of order against the bill and a committee amendment thereto. 
         98-2, June 27, 1984, pp 19076, 19077.
     To consider a measure in the House under provisions ordering 
         the previous question on the bill and amendments to final 
         passage without intervening motion except one motion to 
         recommit. 98-2, June 27, 1984, pp 19076, 19077.

      Unanimous-consent procedures generally, see Unanimous-consent 
  Agreements.


  Sec. 7 . In Committee of the Whole

      The Committee of the Whole considers business on the Union 
  Calendar--that is, public bills. 4 Hinds Sec. 4705; Deschler Ch 19 
  Sec. 1. Bills raising revenue, general appropriation bills, and bills 
  of a public character appropriating money or property, are referred to 
  this calendar. Manual Sec. 742. Although the jurisdiction of the 
  Committee is devoted primarily to the consideration of public bills, 
  other matters may be taken up in the Committee pursuant to House 
  order. Even measures on the House Calendar may be taken up in the 
  Committee of the Whole by unanimous consent or pursuant to a special 
  rule, including propositions to change the rules of the House. 4 Hinds 
  Sec. 4822; 91-2, July 13, 1970, p 23901; 93-2, Sept. 30, 1974, p 
  32953.
      Legislative measures are referred to the Union Calendar for 
  subsequent consideration in the Committee of the Whole by the Speaker. 
  Their consideration therein is governed by special rules reported by 
  the Committee on Rules or by the standing rules applicable to the 
  Committee of the Whole. See Rule XXIII.
      The House may agree to resolve into the Committee pursuant to a 
  special rule, by unanimous-consent agreement, or by motion. 4 Hinds 
  Sec. 3214; 7 Cannon Secs. 783, 794; Deschler Ch 19 Sec. 4. And when no 
  other business is pending, the Speaker is authorized under a rule 
  adopted in 1983 to declare the House resolved into the Committee to 
  consider a measure if the House has previously adopted a special order 
  providing for its consideration, unless the special order specifies 
  otherwise. Manual Sec. 862. Since this rule was adopted, it has become 
  the most frequently used mechanism for resolving into the Committee 
  for the consideration of nonprivileged bills. For first use, see 98-1, 
  July 14, 1983, p 19133.
      Under some circumstances, the House automatically and without 
  motion or declaration resolves itself into the Committee of the Whole 
  to consider a measure. This occurs, for example, when a special rule 
  from the Commit-

[[Page 362]]

  tee on Rules provides for the immediate consideration of the measure 
  in the Committee of the Whole. 7 Cannon Secs. 783, 794; Deschler Ch 19 
  Sec. 4.1.
      For more comprehensive discussion, see Committees of the Whole.


  Sec. 8 . In the House as in Committee of the Whole

      Bills and other measures are sometimes taken up by the House when 
  it sits ``as in'' Committee of the Whole. Manual Sec. 427. This 
  practice permits consideration of a measure under the five-minute rule 
  rather than the hour rule, and without general debate. 4 Hinds 
  Sec. 4924; Manual Sec. 424. The Speaker remains in the Chair, and a 
  quorum of the House (and not of the Committee of the Whole) is 
  required. 6 Cannon Sec. 639. The measure is considered to have been 
  read for amendment, and is open to amendment at any point. 91-2, Aug. 
  10, 1970, p 28050. See also Committees of the Whole.
      A motion to close debate on the pending measure (or an amendment) 
  is in order. 93-1, June 26, 1973, p 21314. The measure may be brought 
  to a vote pursuant to the motion for the previous question (4 Hinds 
  Secs. 4926-4929), and a motion to reconsider will lie (8 Cannon 
  Sec. 2793).
      The normal method for initiating consideration in the House as in 
  the Committee of the Whole is by unanimous consent. A motion that a 
  proposition be considered under that procedure is not in order. 4 
  Hinds Sec. 4923; Manual Sec. 424. On occasion, a special rule from the 
  Committee on Rules has provided for the consideration of a proposition 
  in the House as in the Committee of the Whole. 93-2, Dec. 18, 1974, p 
  40858.


  Sec. 9 . Limitations on Debate; Nondebatable Matters

                        Generally; Time Limitations

      Debate is subject to many limitations under the rules of the House 
  and its precedents. Most of the limitations imposed by House rule are 
  time limitations--that is, limitations on the duration of time that is 
  allowed to debate a particular proposition. These include, for 
  example, the hour rule (Manual Sec. 758), the 40-minute rule (Manual 
  Secs. 805, 907), the 20-minute rule (Manual Sec. 908), the 10-minute 
  rule (Manual Sec. 874), the five-minute rule (Manual Sec. 870) and the 
  time limits that are imposed on the one-minute speeches or special-
  order speeches that are often permitted when no legislative business 
  is pending (Manual Sec. 754). For more detailed discussion, see 
  Secs. 44-50, infra.
      Most of these are rules of general applicability that may be 
  invoked at any time under the conditions specified by the particular 
  rule. In addition, the House may adopt a special rule from the 
  Committee on Rules which places limits on the duration of debate on a 
  particular legislative proposal.

[[Page 363]]

  This practice enables the House, by majority vote, to specify a 
  relative short or relatively long period of time for debate, depending 
  on the complexity of the proposed measure.
      Unless otherwise provided by House rule or by a special rule from 
  the Committee on Rules, a proposition brought before the House is 
  debated under the hour rule. Secs. 44, 45, infra. However, the various 
  motions which may apply to a proposition often carry their own time 
  limitations for debate and in some instances preclude debate entirely. 
  The motions for the previous question or to lay on the table, for 
  example, are not debatable. Manual Sec. 782.

                       Matters Not Subject to Debate

      The relevant standing rule and the precedents on a motion or 
  question must be consulted in order to determine whether debate 
  thereon is precluded. The checklist below shows examples of questions 
  that are not subject to debate.

     A motion that the Journal be read in full. Manual Sec. 621.
     Motions to go into Committee of the Whole. 4 Hinds Secs. 3062, 
         3078; 6 Cannon Sec. 716.
     Motions that the Committee of the Whole rise and report. 4 
         Hinds Secs. 4766, 4782; Deschler Ch 19 Sec. 22.4.
     Motions for a call of the House (6 Cannon Sec. 683), or 
         incidental to a call of the House (6 Cannon Sec. 688). See also 
         Manual Sec. 771a.
     Resolutions authorizing the Sergeant at Arms to arrest 
         absentees. 6 Cannon Sec. 686.
     Motions to fix the day to which the House shall adjourn. 5 
         Hinds Secs. 5379, 5380; 8 Cannon Sec. 2648; Manual Sec. 784.
     Resolutions providing for a sine die adjournment or for 
         adjournment to a day certain. 90-1, Aug. 28, 1967, p 24201; 93-
         2, Dec. 20, 1974, p 41815.
     Motions to adjourn or to adjourn sine die. 98-2, Oct. 11, 
         1984, p 32232; Manual Sec. 782.
     Motions to lay on the table. 6 Cannon Sec. 415; 8 Cannon 
         Sec. 2465; 98-2, Oct. 4, 1984, pp 30042, 30043.
     Motions to reconsider an undebatable proposition. 5 Hinds 
         Secs. 5694-5699; 96-1, Sept. 20, 1979, pp 25512, 25513.
     Motions to close general debate (5 Hinds Sec. 5203) or to 
         limit five-minute debate. 95-1, May 18, 1977, p 15418.
     Motions to strike unparliamentary language from the Record. 6 
         Cannon Sec. 617; 96-1, June 12, 1979, p 14461.
     Incidental questions of order after a demand for the previous 
         question. Manual Sec. 811.
     Incidental questions of order rising during a division. 5 
         Hinds Sec. 5926.

[[Page 364]]

     Motions that the Committee of the Whole take up a bill out of 
         calendar order. 8 Cannon Secs. 2331, 2333.
     Motions for a change of reference of a bill. Manual Sec. 854.
     The question of consideration. 73-2, June 1, 1934, p 10239.
     Questions relating to the priority of business. Manual 
         Sec. 900.
     Appeals from a decision of the Chair on the priority of 
         business. 5 Hinds Sec. 6952; Manual Sec. 900.
     Appeals from a decision of the Chair on relevancy. 5 Hinds 
         Secs. 5056-5063.
     Appeals from a decision of the Chair on the dilatoriness of 
         motions. 5 Hinds Sec. 5731.
     Amendments to the title of a bill. 8 Cannon Sec. 2907; Manual 
         Sec. 822.
     Questions as to admissibility of evidence in impeachment 
         trials. 6 Cannon Sec. 490.


              B. Control and Distribution of Time for Debate


  Sec. 10 . In General; Role of Manager

      Under a practice of long-standing, one or more designated Members 
  manage a bill during its consideration in the Committee of the Whole 
  and on the floor of the House. Such managers are normally designated 
  by the committee reporting the measure. Typically, it will designate 
  two managers, a senior majority member of the committee (or 
  subcommittee)--often its chairman--and senior minority member of the 
  committee (Sec. 14, infra).
      The majority manager of a bill has procedural advantages enabling 
  him to expedite its consideration and passage. He is entitled to the 
  prior right to recognition unless he surrenders or loses control or 
  unless a preferential motion is offered by an opponent of the bill. 
  See Recognition. If the bill is to be taken up in the House, the 
  manager offers it and he is ordinarily entitled to one hour of debate, 
  which he may in his discretion yield to other Members. See Sec. 15, 
  infra. He may at any time during his hour move the previous question, 
  thereby bringing the matter to a vote and terminating further debate, 
  unless he has yielded control of half the debate time to the minority. 
  See Sec. 45, infra. See also Previous Question.
      The manager of a bill enjoys a similar advantage in the Committee 
  of the Whole where the bill is being considered by a special rule or 
  unanimous-consent agreement. General debate therein is controlled and 
  divided by the Members in charge. When the bill is read for amendment 
  in the Committee, the managers have the prior right to recognition and 
  may move to close or to limit debate or move that the Committee rise. 
  Similarly, if the bill is taken up in the House as in the Committee of 
  the Whole, priority

[[Page 365]]

  of recognition is extended during debate to members in charge of the 
  bill from the reporting committee. See Recognition.


  Sec. 11 . Distribution and Alternation

      The distribution of available time for debate, and the alternation 
  of time between majority and minority members, is governed by 
  principals of comity and by House tradition, as well as by standing 
  rules of the House and by special rules from the Committee on Rules. A 
  division of time for debate on certain motions may be required and an 
  opposition Member may claim a priority to control half the time. See 
  Rule XXVII clause 2 (requiring a division of time for debate on a 
  motion to suspend the rules). Manual Sec. 907. Time may be claimed by 
  a Member opposed on conference reports, motions to instruct conferees 
  and amendments reported from conference in disagreement. Rule XXVIII.
      The Chair alternates recognition between those favoring and those 
  opposing the pending proposition where a rule or precedent gives some 
  control to an opponent, or traditionally between the parties where 
  time is limited. Special rules commonly divide control of general 
  debate time equally between the majority and minority parties; 
  ``modified rules'' governing the amendment process commonly divide 
  such control between a proponent and an opponent of the amendment in 
  the modern practice. When a special rule itself is being considered, 
  the majority floor manager customarily yields half of the time to the 
  minority. Alternation generally, see Recognition.


  Sec. 12 . Management by Committee

      Once a measure has been approved by a standing committee of the 
  House, its chairman has a duty under the rules to report it promptly, 
  and to take steps to have the matter considered and voted upon. Rule 
  XI clause 2. When the measure is called up, the reporting committee 
  manages the bill during the various stages of its consideration. The 
  designated managers from the committee, and then other members of the 
  committee in order of seniority, have priority of recognition at all 
  stages of consideration. See Recognition. If the chairman is opposed 
  to the bill, the responsibility for managing the bill may be delegated 
  to the ranking majority member of the committee. 90-1, June 14, 1967, 
  p 15822. The chairman may also relinquish control where the Committee 
  of the Whole has adopted amendments to the bill to which he is 
  opposed. 84-2, July 5, 1956, p 11849. Such delegation of control is 
  ineffective where challenged unless communicated to the Chair. 88-2, 
  Jan. 31, 1964, p 1538.

[[Page 366]]

      Where the measure falls within the jurisdiction of two standing 
  committees, the chairman of one of them may yield to the chairman of 
  the other committee to control part of the available time and to move 
  the previous question. 91-2, May 13, 1970, pp 15291-97.
      A member of the committee in charge of a bill is entitled to close 
  debate on an amendment. Ordinarily the manager of a bill or other 
  representative of the committee position--and not the proponent of an 
  amendment--has the right to close debate on an amendment. This remains 
  true where debate has been limited and allocated in Committee of the 
  Whole. 8 Cannon Sec. 2581; 99-1, July 10, 1985, p 18496; 100-2, May 2, 
  1988, p 9638; 100-2, May 5, 1988, pp 9961, 9962. Even the minority 
  manager may claim this right, if he represents the committee. 99-2, 
  Aug. 14, 1986, p 21660; Manual Sec. 762. This practice when debating 
  amendments under the five-minute rule is at variance from the 
  provisions of clause 6, Rule XIV which otherwise provides that the 
  mover, proposer or introducer of the pending matter has the right to 
  speak in reply after all others have spoken.


  Sec. 13 . Designation of Managers

      The committee reporting a measure ordinarily designates the 
  Members who will control debate on the floor when the measure is 
  called up for consideration. See for example, 76-3, June 6, 1940, p 
  7706. However, managers are sometimes designated by special rule from 
  the Committee on Rules (Sec. 14, infra), or by the Chair if the 
  proposition is not being considered pursuant to a special rule. 91-1, 
  July 30, 1969, p 21420. If the special rule does not specifically 
  designate the Members in control, or if the designated managers are 
  absent, the Chair may in his discretion recognize a committee member 
  to control debate. 91-1, Dec. 23, 1969, p 40982. Control may also be 
  fixed by unanimous consent. 89-2, May 26, 1966, p 11608.


  Sec. 14 . Effect of Special Rules

                                 Generally

      The designation of certain Members to control debate on a measure 
  is frequently provided for by special rule from the Committee on 
  Rules. Typically the Committee on Rules will draft a special rule that 
  provides that debate be equally divided and controlled by the chairman 
  and ranking minority member of the reporting committee. See, for 
  example, 84-1, Apr. 26, 1955, p 5119. That control can be delegated to 
  a designee.

[[Page 367]]

                Dividing Debate Between Multiple Committees

      A special rule from the Committee on Rules may specify that debate 
  be divided between and controlled by two or more standing committees. 
  See 91-2, Nov. 24, 1970, p 38746; 94-2, May 19, 1976, p 14377. The 
  special rule may provide that debate be controlled by the chairmen and 
  ranking minority members of the several committees reporting a bill, 
  with the sequential committees controlling a lesser amount of time. 
  94-2, July 30, 1976, p 24777. Debate may also be divided between the 
  standing committee reporting a bill and a permanent select committee. 
  95-1, Sept. 9, 1977, p 28367.
      Where a special rule divides the control of general debate on a 
  bill among the chairmen and ranking members of two standing 
  committees, but does not specify the order of recognition, the Chair 
  may exercise his discretion. He may allow one committee to use its 
  time, then go to the other or may rotate between the four managers.
      If the rule divides control of debate among a primary reporting 
  committee and several sequentially reporting committees in a 
  designated order, the Chair may allocate time between the chairman and 
  ranking minority member of each committee in the order listed if and 
  when present on the floor, and permit only the primary committee to 
  reserve a portion of its time to close general debate. 97-2, June 17, 
  1982, p 13991. Under these circumstances, the sequential committees 
  are required to utilize all of their time prior to the closing debate 
  by the primary committee. 99-1, Dec. 5, 1985, pp 34638, 34644.

      Division of Time Between a Member in Favor and a Member Opposed

      In the event that a specified amount of time is equally divided 
  and controlled on an amendment between the proponent of the amendment 
  and a Member opposed thereto, only one Member may be recognized to 
  control the time in favor of the amendment and only one Member may be 
  recognized to control the time in opposition, though each may in turn 
  yield blocks of time to other Members. Pro forma amendments are not 
  permitted unless so specified. Compare 99-2, Aug. 11, 1986, pp 20678, 
  20679; 99-2, Aug. 14, 1986, p 21655. Debate time on the amendment 
  having been divided between the proponent and an opponent, the Chair 
  may in his discretion recognize the manager of the bill if opposed, 
  there being no requirement for recognition of the minority party. 99-
  2, June 18, 1986, pp 14275, 14276. Indeed, the Chair ordinarily 
  recognizes the chairman of the committee managing the bill if he 
  qualifies as opposed to the amendment. 97-2, Aug. 5, 1982, p 19653.

[[Page 368]]

      A special rule may provide that, after general debate divided 
  between the chairman and ranking minority member of the reporting 
  committee, a certain amount of time for general debate be divided and 
  controlled by a Member in favor of and a Member opposed to a certain 
  section of the bill. 96-1, Sept. 13, 1979, pp 24168, 24192. In one 
  instance, the House adopted a special rule providing for one hour of 
  general debate to be equally divided and controlled by the chairman 
  and ranking minority member of the reporting committee, and two hours 
  to be divided and controlled by Members to be designated by the 
  chairman. 95-2, July 31, 1978, p 23451.


  Sec. 15 . Yielding Time-- For Debate

                         In General; Who May Yield

      In an earlier era, a Member could not yield debate time without 
  losing his right to reoccupy the floor. A Member could not yield the 
  floor unless he yielded it unconditionally. 5 Hinds Secs. 5023, 5026. 
  That practice began to change with the adoption of the hour rule for 
  debate. 5 Hinds Sec. 5021.
      Under current practice, a Member controlling the time during 
  general debate may yield time for debate to others, take his seat, and 
  still retain the right to resume debate or move the previous question. 
  8 Cannon Sec. 3383. The yielding of time for general debate is 
  discretionary with the Members who have control thereof. 86-1, Aug. 
  12, 1959, p 15678; 98-2, Aug. 2, 1984, p 22241. A Member may not yield 
  for purposes of debate where he has risen merely to make or reserve a 
  point of order. 99-1, Oct. 1, 1985, p 25419.
      A Member who seeks yielded time should address the Chair and 
  request the permission of the Member speaking (84-2, June 29, 1956, p 
  11455). Where a Member interrupts another Member during debate without 
  being yielded to the time consumed by his remarks will not be charged 
  against the debate time of the Member controlling the floor and the 
  remarks are not carried in the Record. 99-1, Feb. 7, 1985, p 2229. A 
  Member may yield to another for a parliamentary inquiry, but the time 
  consumed by the inquiry and the response of the Chair do come out of 
  the time of the Member yielding. See 88-2, Feb. 5, 1964, p 1998.
      The time used during yielded time is ordinarily charged against 
  the Member with the floor. 92-2, June 1, 1972, p 19476. Unused 
  remaining time reverts to the yielding Member. 99-1, Mar. 4, 1985, pp 
  4280-83.

                               In the House

      The Member in control of general debate in the House under the 
  hour rule may in his discretion yield for debate. See 82-1, May 17, 
  1951, pp

[[Page 369]]

  5435-45; 86-1, Aug. 12, 1959, p 15678; 91-2, Aug. 10, 1970, p 28005. 
  Indeed, although not required to do so by standing rule, majority 
  members in control under the hour rule frequently yield one-half the 
  time to the minority in order that full debate may be had. 87-1, Aug. 
  8, 1961, p 14947; 87-2, Aug. 29, 1962, pp 18029-36. Of course, the 
  yielding of time must be consistent with any division of time that is 
  required by House rule or a special rule from the Committee on Rules.
      Debate time yielded back by a Member to whom time has been yielded 
  under the hour rule reverts to the Member in control of the hour. 99-
  1, Mar. 4, 1985, pp 4280-83.

                         In Committee of the Whole

      In the Committee of the Whole, a Member in control of time for 
  general debate may yield a block of time (up to one hour) to another 
  Member. 97-1, May 4, 1981, p 8331.
      During five-minute debate Members may yield, as for a question or 
  comment, but may not yield blocks of time. 5 Hinds Secs. 5035-5037; 
  100-1, May 8, 1987, p 11832. A Member yielding to a colleague during 
  debate under the five-minute rule should remain standing to protect 
  his right to the floor. 88-2, Mar. 12, 1964, p 5100. If a Member uses 
  only part of his time, his five-minute period is treated as exhausted, 
  cannot be reserved, and another Member cannot claim recognition for 
  the unused time. 8 Cannon Sec. 2571. But where debate on an amendment 
  is limited or allocated by a unanimous-consent agreement or motion, or 
  by a special rule, to a proponent and an opponent, the five-minute 
  rule is abrogated and the Members controlling the debate may yield and 
  reserve time. Manual Sec. 873.

                  Yielding During Debate on Special Rules

      The traditional practice with regard to resolutions from the 
  Committee on Rules providing special rules for the consideration of 
  measures is for the Member in charge of the resolution to yield one-
  half of the time to the minority who then may yield specified portions 
  thereof. While the minority member of the Committee on Rules to whom 
  one-half of the debate time is yielded customarily yields portions of 
  that time to other Members, another Member to whom a portion of time 
  is yielded may in turn yield blocks of that time only by unanimous 
  consent. 94-2, Jan. 29, 1976, p 1632. However, where a Member has been 
  recognized under the hour rule following refusal of the previous 
  question on such a resolution, he has control of the time and is under 
  no obligation to yield half of that time as is the customary practice 
  of the Committee on Rules. 89-2, Oct. 19, 1966, pp 27713-29.

[[Page 370]]

                     Yielding Time During Yielded Time

      A Member to whom time has been yielded during debate under the 
  hour rule in the House may, while remaining on his feet, yield to a 
  third Member for comments or questions but may not in turn yield 
  blocks of time. Where a Member is yielded time in the House for debate 
  only, he may not yield to a third Member for purposes other than 
  debate. 91-2, Aug. 10, 1970, p 28005; 92-1, Nov. 8, 1971, pp 39889, 
  39892.
      A Member to whom a specific amount of time has been yielded for 
  debate in the House may not, in turn, yield a portion of that allotted 
  time to a third Member except by unanimous consent. 99-2, Aug. 6, 
  1986, p 19349. A similar rule is followed in the Committee of the 
  Whole. While a Member in control of time for general debate may yield 
  time to another Member, that Member in turn may yield a block of time 
  to a third Member only by unanimous consent. 97-1, May 4, 1981, p 
  8331.


  Sec. 16 . -- Yielding for Amendment

                                In General

      A Member controlling debate in the House on a measure may yield to 
  another to offer an amendment (89-1, Sept. 17, 1965, p 24290), despite 
  his prior announced intention not to yield for such purpose (92-1, 
  Apr. 29, 1971, pp 12489, 12504). A Member to whom time is yielded for 
  the purpose of offering an amendment is recognized in his own right to 
  discuss the amendment. 8 Cannon Secs. 2471, 2478. The Member offering 
  the amendment is recognized for an hour and may himself yield time. 
  89-1, Sept. 17, 1965, p 24290.
      A measure being considered in the House is not subject to 
  amendment by a Member not in control of the time unless the Member in 
  control yields for that purpose. 89-1, Jan. 4, 1965, p 20. A Member 
  may not offer an amendment in time secured for debate only (8 Cannon 
  Sec. 2474), or request unanimous consent to offer an amendment unless 
  yielded to for that purpose by the Member controlling the floor. 
  Manual Sec. 750.

                    Loss of Control by Yielding Member

      A Member may not yield to another Member to offer an amendment 
  without losing the floor. 5 Hinds Secs. 5021, 5030, 5031; 8 Cannon 
  Sec. 2476; Manual Sec. 750. Where a Member controlling the time on a 
  measure in the House yields for the purpose of amendment, another 
  Member may move the previous question on the measure before the Member 
  yielded to is recognized to debate his amendment. 92-1, Nov. 8, 1971, 
  p 39944. The previous question takes precedence over an amendment. See 
  Rule XVI clause 4.

[[Page 371]]

  Manual Sec. 782. If the Member calling up a measure offers an 
  amendment and then yields to another Member to offer an amendment to 
  his amendment, he loses the floor and the Member to whom yielded is 
  recognized for one hour and may move the previous question on the 
  amendments and on the measure itself. 95-1, Dec. 6, 1977, p 38393.

                        Under the Five-minute Rule

      A Member recognized under the five-minute rule may not yield to 
  another Member to offer an amendment. It is the prerogative of the 
  Chair to recognize Members offering amendments under the five-minute 
  rule. 93-1, Apr. 19, 1973, p 13240; 95-2, May 18, 1978, p 14410; 95-2, 
  July 13, 1978, p 20653; Manual Sec. 750. However, a Member recognized 
  under the five-minute rule may by unanimous consent yield the balance 
  of his time to another Member who may thereafter offer an amendment 
  when separately recognized by the Chair for that purpose. 94-1, Oct. 
  30, 1975, p 34442.
      A Member offering a pro forma amendment under the five-minute rule 
  may not yield to another Member during that time to offer an 
  amendment. 97-2, July 29, 1982, p 18593.


  Sec. 17 . Interruptions; Losing or Surrendering Control

                                In General

      A Member may interrupt another Member in debate only if yielded 
  to. 95-2, Oct. 14, 1978, p 38378. A Member desiring to interrupt 
  another in debate should address the Chair to obtain the permission of 
  the Member speaking. 87-1, June 7, 1961, p 9681. The Member speaking 
  may then exercise his own discretion as to whether or not to yield. 
  The Chair will take the initiative in preserving order when a Member 
  declining to yield in debate continues to be interrupted by another 
  Member. 98-2, July 26, 1984, p 21247.
      A Member in control of time during House debate may voluntarily 
  surrender the floor by simply so stating (90-1, June 14, 1967, p 
  15822), or by withdrawing the measure he is managing (88-2, Apr. 8, 
  1964, pp 7302-04).
      A Member loses the floor if he yields for other legislative 
  business (8 Cannon Sec. 2468) or for an amendment (Sec. 16, supra). A 
  Member may also lose the floor if he is ruled out of order for 
  disorderly language. 88-1, Oct. 31, 1963, p 20742.
      A Member may be interrupted by a point of order or by the 
  presentation of privileged matter, such as a conference report. 5 
  Hinds Sec. 6451; 8

[[Page 372]]

  Cannon Sec. 3294. In addition, it is customary for the Speaker to 
  request a Member to yield for the reception of a message. Manual 
  Sec. 750.
      While a motion proposed by the Member in charge may be displaced 
  by a preferential motion, a Member may not by offering such motion 
  deprive the Member in charge of the floor. 8 Cannon Sec. 3259. A 
  Member having the floor may not be deprived of the floor and taken off 
  his feet:

     By a motion to adjourn. 5 Hinds Secs. 5369, 5370; 8 Cannon 
         Sec. 2646.
     By a demand for the previous question. 8 Cannon Sec. 2609.
     By a question of personal privilege. 5 Hinds Sec. 5002; 8 
         Cannon Sec. 2459; 98-1, Sept. 29, 1983, pp 26508, 26509.

                 Interruptions for Parliamentary Inquiries

      A Member may not be interrupted by another for a parliamentary 
  inquiry without his consent. 8 Cannon Secs. 2455-2458; 90-1, July 17, 
  1967, p 19033. An interruption for a parliamentary inquiry is not in 
  order unless the Member having the floor yields for that purpose. 99-
  1, Feb. 25, 1985, pp 3345-47. Nor will he lose control of the floor if 
  he does yield for that purpose, since he retains the right to resume. 
  Thus, a Member who has been yielded time for a parliamentary inquiry 
  may not during his inquiry move that the House adjourn, for that would 
  deprive the Member holding the floor of his right to resume. 88-2, 
  June 3, 1964, p 12522.
      Where the Member controlling the time yields to another for 
  debate, the latter may, during the time so yielded, propound a 
  parliamentary inquiry (90-1, July 17, 1967, p 19033) and the time 
  consumed to state and answer the inquiry is deducted from his time for 
  debate. 94-1, Sept. 25, 1975, p 30196. And when the Member holding the 
  floor during general debate yields solely for a parliamentary inquiry, 
  the time continues to run against him. 90-1, Mar. 1, 1967, p 4997; 90-
  1, July 17, 1967, p 19033. However, when the Chair entertains a 
  parliamentary inquiry before the Member managing the pending measure 
  in the House has been recognized for debate, the time consumed by the 
  inquiry does not come out of his time. 99-2, Oct. 8, 1986, pp 29714, 
  29715.


                          C. Relevancy in Debate


  Sec. 18 . In General; In the House

      Under the House rules, a Member addressing the House must 
  ``confine himself to the question under debate. . . .'' Rule XIV 
  clause 1. Manual Sec. 749. This rule, which was adopted in 1811 (5 
  Hinds Sec. 4979), enables the House to expedite proceedings when a 
  specific proposition is before it for

[[Page 373]]

  action. 5 Hinds Secs. 5043-5048; 8 Cannon Sec. 2481; Manual Sec. 752. 
  The rule is directed against irrelevant discussion, not mere 
  redundancy. Although Jefferson's Manual enjoins superfluous or tedious 
  remarks, in practice the House has never suppressed debate of this 
  character, the hour rule being regarded as sufficiently restrictive in 
  that regard. Manual Sec. 359.
      Rule XIV clause 1 requires that debate be related to the pending 
  measure. Thus, debate on a reported resolution pending before the 
  House should be confined thereto, and should not be extended to an 
  unreported bill even though on the same subject. 5 Hinds Sec. 5053. 
  Likewise, where an amendment is before the House, debate should be 
  confined to that amendment, and should not include discussion of the 
  general merits of the bill. 5 Hinds Secs. 5049-5051. The rule is 
  applicable to debate on private bills (8 Cannon Sec. 2590) and to 
  bills on the Corrections Calendar (104-1, Nov. 14, 1995, p ____; 104-
  2, Mar. 12, 1996, p ____)..
      It was the custom of the earlier Speakers to hold the Member 
  speaking strictly to the question before the House, without waiting 
  for the point to be made on the floor. See 5 Hinds Sec. 5043 (note). 
  Under modern practice the Speaker rarely calls to order, on his own 
  initiative, a Member speaking to an unrelated question, but waits for 
  a point of order to be made. 101-2, Sept. 27, 1990, p ____.
      Some Speakers have applied the rule of relevancy with more 
  tolerance and latitude than other Speakers. Compare 88-1, Dec. 10, 
  1963, p 23968 (Speaker McCormack), and 5 Hinds Sec. 5048 (Speaker 
  Reed). And a Member is sometimes permitted to discuss matters other 
  than the pending measure by unanimous consent. 95-2, Sept. 25, 1978, p 
  31197. Absent unanimous consent, if a point of order is made and 
  sustained, the Speaker must direct the Member speaking to confine his 
  remarks to the question (5 Hinds Secs. 5044-5048) and to maintain an 
  ongoing ``nexus'' between the pending bill and broader policy issues 
  (104-1, Nov. 14, 1995, p ____; 104-2, Mar. 12, 1996, p ____).
      The relevancy requirement of Rule XIV is applicable to floor 
  debate on pending propositions. It is not applicable to a Member 
  making a one-minute or special-order speech. See Sec. 51, infra.
      When a resolution reported from the Committee on Rules is pending, 
  debate must be confined to that special rule and to the merits of the 
  bill made in order thereby. 94-2, Aug. 5, 1976, p 25778; 102-1, Oct. 
  1, 1991, p ____. But debate should not extend to the merits of a bill 
  that is not to be considered under the special order. 101-2, Sept. 27, 
  1990, p ____.
      Debate on a question of personal privilege must be confined to the 
  statements or issue which gave rise to the question of privilege (5 
  Hinds Secs. 5075-5077; 6 Cannon Secs. 576, 608; 8 Cannon Secs. 2448, 
  2481; 98-2, May

[[Page 374]]

  31, 1984, p 14623). Debate on a privileged resolution recommending 
  disciplinary action against a Member, may include comparisons with 
  other such actions taken by or reported to the House for purposes of 
  measuring the severity of punishment, but should not extend to the 
  conduct of another Member not the subject of a committee report. 100-
  1, Dec. 18, 1987, p 36271.


  Sec. 19 . In Committee of the Whole-- General Debate

      In the Committee of the Whole, during the general debate which 
  precedes the reading of the bill for amendment under the five-minute 
  rule, a Member is allowed great freedom and latitude in debate. 
  ``Anything may be discussed which may by the liveliest imagination be 
  supposed to relate to the state of the Union in any particular or in 
  any degree, however remote.'' 8 Cannon Sec. 2590. However, such 
  license is normally suppressed by the special rule or other House 
  order setting the duration and scope of the debate. 5 Hinds 
  Secs. 5233-5238; 8 Cannon Sec. 2590; 93-2, June 28, 1974, pp 21743, 
  21744.


  Sec. 20 . -- Under the Five-minute Rule

      Debate under the five-minute rule in Committee of the Whole must 
  be confined to the pending amendment when that point of order is 
  raised; this is so even if a Member is attempting to respond to 
  previous extraneous remarks in debate against which no point of order 
  was raised. 97-2, Sept. 23, 1982, p 24968. A Member must confine 
  himself to the subject of the amendment and its relation to the bill. 
  5 Hinds Secs. 5240-5256. 88-2, Jan. 21, 1964, p 755. Debate is 
  confined to the subject then pending (91-1, Sept. 4, 1969, p 24372), 
  even on pro forma amendments (8 Cannon Sec. 2591). However, a Member 
  may speak to another subject by unanimous consent. This is permitted 
  even where the Committee is proceeding pursuant to the provisions of a 
  special rule permitting only designated amendments to be offered. 95-
  1, Aug. 3, 1977, p 26483.


                           D. Disorder in Debate


  Sec. 21 . In General

                                 Generally

      Among the oldest rules of the House are those which authorize the 
  Speaker to maintain order and decorum in the House (Rule 1 clause 2, 
  Manual Sec. 622) and to call a Member to order where he has 
  transgressed the rules of the House ``in speaking or otherwise'' (Rule 
  XIV clause 4, Manual

[[Page 375]]

  Sec. 760). This language makes it clear that Members must not only 
  follow all the rules and requirements for the conduct of business in 
  the House, but must also observe the principles of decorum and 
  courtesy in debate, as set forth in Rule XIV (Manual Secs. 749 et 
  seq.), and by related provisions in Jefferson's Manual (see Secs. 353 
  et seq.).
      Time consumed by proceedings incident to a call to order is not 
  charged against the time of the Member under recognition. 102-2, Oct. 
  3, 1992, p ____.
      A Member may be called to order during debate in the House, and 
  another Member may make timely demand that the words used be taken 
  down and read aloud at the Clerk's desk. The Chair then rules as to 
  whether the words or actions of the Member are disorderly. Whether the 
  offending Member is to be allowed to proceed in order or is to be 
  disciplined is determined by vote of the House. (Secs. 26 et seq., 
  infra.)

                              Disorderly Acts

      Decorum in the conduct and behavior of Members on the floor of the 
  House is governed in part by Rule XIV clause 7. Manual Sec. 763. 
  Prohibited conduct under the rule includes:

     Walking out of or across the hall while the Speaker is 
         addressing the House.
     Passing between the Chair and a speaking Member.
     Wearing a hat.
     Using personal electronic office equipment, including cellular 
         phones and equipment.
     Remaining by the Clerk's desk during roll calls.
     Smoking.

      A Member's comportment may constitute a breach of decorum even 
  though the content of that Member's speech is not, itself, 
  unparliamentary. 103-2, July 29, 1994, p ____.
      Demonstrations of approval or disapproval, such as applause, are 
  not a part of the proceedings of the House. 79-1, Mar. 6, 1945, pp 
  1789 et seq. While a Member has the floor, he may not request Members 
  to act contrary to the rules, such as showing hands or rising in 
  support of a certain measure. 84-1, May 5, 1955, p 5778.
      The Chair may entertain a demand to clear the well in the event of 
  disorder therein. 88-1, Dec. 9, 1963, p 23831. The Sergeant at Arms 
  attends the sittings of the House and the Committee of the Whole and 
  maintains order under the direction of the Speaker or Chairman. Rule 
  IV clause 1. Manual Sec. 648. See also 1 Hinds Sec. 257.

[[Page 376]]

      Acts of physical violence by one Member or between two Members 
  during or after heated debate have occurred. 2 Hinds Secs. 1642, 1643. 
  For other instances involving altercations between Members, see 2 
  Hinds Secs. 1644, 1655, 1656; 88-1, Oct. 29, 1963, p 20413. Assaults 
  or affrays in the Committee of the Whole are dealt with by the House. 
  2 Hinds Secs. 1648-1651.

                                  Attire

      The Speaker has announced as proper the customary traditional 
  attire for Members, including a coat and tie for male Members and 
  appropriate attire for female Members, when in attendance in the House 
  Chamber. In one instance, the Speaker refused to recognize for debate 
  a Member in violation of the practice that Members were expected to 
  follow traditional standards of dress, and requested the Member in 
  question to remove himself from the floor and don proper attire. The 
  House subsequently agreed to a resolution, offered as a question of 
  privilege of the House, requiring Members to wear proper attire as 
  determined by the Speaker, and denying noncomplying Members the 
  privilege of the floor. 96-1, July 17, 1979, p 19008.

                        Exhibits and Charts; Badges

      While Members are permitted to use exhibits such as charts during 
  debate (subject to the permission of the House under Rule XXX), the 
  Speaker's responsibility to preserve decorum requires that he disallow 
  the use of exhibits in debate which would be demeaning to the House or 
  which would be disruptive of its proceedings, in which case no vote of 
  the House is required. 101-2, Oct. 16, 1990, p ____.
      The display of any object in debate by way of illustration is 
  always subject to the will of the House. 8 Cannon Sec. 2452. Where 
  objection is made the question is put to the House without debate. 
  Manual Sec. 915. Exhibits generally, see Sec. 61, infra.
      In recent years, Members occasionally have worn badges of various 
  sorts on the floor to convey political messages to their colleagues 
  and to the television audience. The Speaker has advised Members that 
  the wearing of badges on the floor while engaging in debate is 
  inappropriate and in contravention of clause 1, Rule XIV. 99-2, Apr. 
  15, 1986, p 7525; 104-1, Mar. 29, 1995, p ____.

                          Speaker's Announcements

      In recent Congresses, on opening day, the Speaker has stressed the 
  importance of various rules of decorum in the House. He prefaced his 
  cus-

[[Page 377]]

  tomary announcement with a general statement concerning decorum in the 
  House, including adjurations against engaging in personalities, 
  addressing remarks to spectators, and passing in front of the Member 
  addressing the Chair. ``It is essential,'' the Speaker said, ``that 
  the dignity of the proceedings of the House be preserved, not only to 
  assure that the House conducts its business in an orderly fashion but 
  to permit Members to properly comprehend and participate in the 
  business of the House.'' 101-1, Jan. 3, 1989, p 88; 102-1, Jan. 3, 
  1991, p ____. See also 103-1, Jan. 5, 1993, p ____.


  Sec. 22 . Disorderly Language

      Members have been censured or otherwise disciplined for the use of 
  disorderly words in debate (2 Hinds Secs. 1254, 1259, 1305; 6 Cannon 
  Sec. 236), whether the words were uttered in the House or the 
  Committee of the Whole (2 Hinds Sec. 1259). Manual Sec. 760. A Member 
  may likewise be disciplined for the insertion of disorderly words in 
  the Congressional Record without the consent of the House. 6 Cannon 
  Sec. 236. Members have been cautioned against the use of vulgarity or 
  profanity in debate. 82-1, July 18, 1951, p 8415; 102-1, Mar. 5, 1991, 
  p ____; 103-1, Feb. 18, 1993, p ____; Manual Sec. 749. The Chair may 
  call to order a Member engaging in or tending toward personalities in 
  debate (100-1, June 29, 1987, p 18072), or for a verbal outburst 
  following expiration of his time for debate (100-2, Mar. 16, 1988, p 
  4081). Critical references to Members, see Secs. 37 et seq., infra.
      However, the context of the debate itself must be considered in 
  determining whether the words objected to constitute disorderly 
  criticism or do in fact fall within the boundaries of appropriate 
  parliamentary discourse. The present-day meaning of language, the tone 
  and intent of the Member speaking, and the subject of his remarks, 
  must all be taken into account by the Speaker. There have been 
  instances in which the same or similar word has on one occasion been 
  ruled permissible and on another ruled unparliamentary. Thus the word 
  ``damn'' has been ruled out of order (82-1, July 18, 1951, p 8415), 
  whereas ``damnable'' has been permitted (80-2, Jan. 15, 1948, p 205).


  Sec. 23 . -- References to Senate

                                 Generally

      A well-established rule of comity prohibits certain references in 
  debate to the Senate or to individual Senators. Indeed, at one time 
  there could be no reference to any debate or votes in the Senate on 
  the same subject. This principal, first enunciated in Jefferson's 
  Manual (see Manual Sec. 371), was

[[Page 378]]

  strictly applied in the House for many years. See 5 Hinds Secs. 5095 
  et seq.; 8 Cannon Secs. 2501 et seq.
      This principal was modified in 1987, and again in 1989, by 
  amendments to Rule XIV. Under this rule:

      Debate [in the House] may include references to actions taken by 
    the Senate or by committees thereof which are a matter of public 
    record, references to the pendency or sponsorship in the Senate of 
    bills, resolutions, and amendments, factual descriptions relating to 
    Senate action or inaction concerning a measure then under debate in 
    the House, and quotations from Senate proceedings on a measure then 
    under debate in the House and which are relevant to the making of 
    legislative history establishing the meaning of that measure, but 
    may not include characterizations of Senate action or inaction, 
    other references to individual Members of the Senate, or other 
    quotations from Senate proceedings. Manual Sec. 749.

                References to the Senate or Its Proceedings

      A Member is permitted to refer to the existence of the Senate and 
  its functions in a general and neutral way. For example, a Member may 
  oppose a sine die adjournment resolution on the grounds that Congress 
  should stay in session to complete action on specified legislation 
  then pending in the Senate. 5 Hinds Sec. 5115. It is appropriate to 
  state whether or not the Senate has acted on House-passed legislation 
  as long as criticism is neither stated nor implied. If references to 
  the Senate are appropriate, the Member delivering them is not required 
  to use the term ``the other body,'' and the use of the term ``Senate'' 
  is not a per se violation of the rule of comity. 98-2, Oct. 4, 1984, 
  pp 30046, 30047; Manual Sec. 371.
      On the other hand, it is not in order to criticize Senate actions. 
  5 Hinds Sec. 5114; 96-2, Dec. 10, 1980, p 33205; 103-1, Apr. 27, 1993, 
  p ____. Statements in debate speculating as to the intent of the 
  Senate with respect to legislation pending in the House remain a 
  violation of the rule of comity. 98-2, Oct. 11, 1984, pp 32221-23. It 
  is a breach of order in debate to refer to the motives of the Senate 
  in passing certain legislation. 99-1, Oct. 17, 1985, p 27772. While a 
  Member in debate may refer to the pendency of a House-passed bill in 
  the Senate, it is a breach of order in debate to refer to a House bill 
  as ``languishing'' in the Senate. 99-2, July 31, 1986, p 18253. Even 
  statements urging the Senate to take action have been ruled out. 102-
  1, Oct. 8, 1991, p ____.
      On one occasion, prior to the amendment of Rule XIV, the Speaker 
  entertained a unanimous-consent request that a Member be permitted to 
  refer in debate to certain Senate proceedings. 96-2, June 4, 1980, p 
  13212. But the Chair will not entertain such a request where the 
  references would necessarily imply criticism of the Senate, such as to 
  respond to remarks in the

[[Page 379]]

  Senate which were critical of Members of the House (8 Cannon 
  Sec. 2519). Manual Sec. 371.

                     References to Individual Senators

      With certain exceptions, under clause 1 of Rule XIV remarks in 
  debate may not include references to individual Members of the Senate, 
  and the Chair enforces this principle on his own initiative. 102-2, 
  Oct. 2, 1992, p ____. References to individual Members of the Senate 
  (98-2, Oct. 2, 1984, pp 28504, 28505), even in a complimentary or 
  congratulatory way (99-2, Aug. 5, 1986, pp 19040, 19044; 103-1, Apr. 
  21, 1993, p ____) or to actions which named Members of the Senate, or 
  Senators designated by position, might take, are out of order (98-2, 
  Oct. 11, 1984, pp 32152, 32153). See also 99-2, Mar. 13, 1986, p 4625. 
  It is not in order to refer critically to a Member of the Senate or to 
  the actions of individual Senators. 98-2, May 8, 1984, pp 11421, 
  11425, 11428. In 1985, the Chair admonished a Member during debate not 
  to refer to a Senator in a critical manner although not identified by 
  name. 99-1, Dec. 18, 1985, pp 37813, 37814. Even a reference to 
  another person's criticism of a Senator is a violation of the rule. 
  98-1, Aug. 4, 1983, pp 23136, 23145, 23147. It is also a violation of 
  the rule of comity to refer in debate to specific votes by particular 
  Members of the Senate, and the Chair calls Members to order on his own 
  initiative when this occurs. 97-1, July 29, 1981, p 18249; 98-2, Apr. 
  12, 1984, pp 9474, 9477, 9478; 98-2, July 31, 1984, p 21670; and 99-2, 
  Mar. 13, 1986, p 4636. Under the current rule a Senator's comments in 
  debate may be quoted in the House when relevant to pending 
  legislation. Manual Sec. 749.
      In one case, the personal views of a Senator, not uttered in the 
  Senate, were allowed to be quoted in the House (5 Hinds Sec. 5112), 
  but the weight of recent precedent prohibits references to speeches or 
  statements of Senators occurring outside the Senate Chamber. 8 Cannon 
  Sec. 2515; Manual Sec. 371.
      References to former Members of the House who are presently 
  Senators are only permissible if they merely address prior House 
  service and are not implicitly critical of Senatorial service. 98-2, 
  May 8, 1984, p 11431.
      References to Members of the Senate in their capacity as nominated 
  candidates for the Presidency or other office are not prohibited, but 
  references attacking the character or integrity of a Senator even in 
  that context are not in order. 96-1, Oct. 30, 1979, p 30150; Manual 
  Sec. 371.
      Debate may not include critical references to a named Senator in 
  his capacity as a member of a House-Senate conference committee. But 
  it is in order in debate, while discussing a question involving 
  conference committee procedure, to state what actually occurred in a 
  conference committee

[[Page 380]]

  session, without referring to or criticizing a named member of the 
  Senate. 74-1, July 29, 1935, p 12011.
      In 1985, a Member was called to order for referring in debate to 
  remarks made by a Senator during a Senate committee hearing. 99-1, May 
  16, 1985, p 12229. In 1986, a Member, upon being cautioned by the 
  Chair not to refer to a Senator in debate, obtained unanimous consent 
  to refer to correspondence between the Senator and a federal official. 
  99-2, June 25, 1986, pp 15492, 15499, 15505.

                            Duties of the Chair

      As noted in Jefferson's Manual (Sec. 374), it is the duty of the 
  Speaker to call to order a Member who criticizes the actions of the 
  Senate, its Members or committees. See also Manual Sec. 760. Indeed, 
  the Chair takes the initiative to prevent any debate in the House 
  which may tend to reflect improperly upon the Senate or its Members in 
  violation of the rule of comity. 97-1, Oct. 28, 1981, p 25681; 99-2, 
  Sept. 30, 1986, pp 27393, 27394. He enforces the rule on his own 
  initiative and may deny an offending Member further recognition. 97-2, 
  June 16, 1982, p 13843. He may remind all Members not to make such 
  references (98-2, Oct. 5, 1984, pp 30326, 30327), but he need not 
  respond to hypothetical questions as to the propriety of possible 
  characterizations of Senate actions prior to their use in debate. 99-
  1, Oct. 24, 1985, p 28819.


  Sec. 24 . -- References to the Press, Media, or Gallery

                          References to the Media

      A Member should address his remarks to the Chair, and only the 
  Chair; it is not in order for a Member to address his remarks to ``the 
  press.'' 88-1, Apr. 24, 1963, p 6892; 95-2, June 14, 1978, p 17615. 
  Similarly, it is not in order in debate to address remarks to the 
  ``television'' (96-1, Nov. 8, 1979, p 31519) or to television viewers 
  (98-1, Sept. 29, 1983, pp 26499, 26501; 99-2, June 5, 1986, pp 12568, 
  12569), including those who may be watching by way of closed circuit 
  television. 99-1, Oct. 9, 1985, p 26961; 103-1, Mar. 3, 1993, p ____. 
  The Chair enforces the rule on his or her own initiative. 99-2, Feb. 
  25, 1986, pp 2676, 2677. Members in debate may not address remarks to 
  ``our viewing audience.'' 98-2, Aug. 2, 1984, p 22271.

                         References to the Gallery

      By rule of the House adopted in 1933, no Member may introduce or 
  refer to any occupant of the galleries of the House. Rule XIV clause 
  8. Manual Sec. 764. The rule is strictly enforced, and the Speaker 
  ordinarily intervenes on his own initiative to prevent infraction 
  thereof. 88-2, Feb. 6, 1964,

[[Page 381]]

  p 2267; 95-1, Oct. 19, 1977, p 34220; 95-2, June 14, 1978, p 17615. 
  The rule may not be suspended by permission to proceed out of order, 
  even by unanimous consent. 83-2, July 27, 1954, p 12253. The rule has 
  been invoked to prevent a Member from making references to:

     An honored guest in the gallery who had exhibited ``great 
         heroism.'' 83-2, July 27, 1954, p 12253.
     A Member's constituents sitting in the gallery. 79-1, Mar. 16, 
         1945, p 2371.
     A federal official present in the gallery who had an interest 
         in the pending bill. 88-2, Feb. 6, 1964, p 2264.
     A ``disinterested, objective observer'' sitting in the 
         gallery. 88-1, June 4, 1963, pp 10151-66.
     Family members present in the gallery. 99-2, July 29, 1986, p 
         17956.


  Sec. 25 . -- References to Executive Officials

      Jefferson wrote that in Parliament it was out of order to speak 
  ``irreverently or seditiously'' against the King. Manual Sec. 370. No 
  analogous constraint exists in the rules of the House. Members in 
  debate are permitted wide latitude in the use of language that is 
  critical of the President, other officials of the executive branch, 
  and the government itself. 5 Hinds Secs. 5087-5091; 8 Cannon 
  Secs. 2499, 2500; 77-2, Feb. 25, 1942, p 1714. Such criticism is 
  considered as inherent in the exercise of legislative authority. ``The 
  right to legislate,'' said a report adopted by the House in 1909, 
  ``involves the right to consider conditions as they are and to 
  contrast present conditions with those of the past or those desired in 
  the future. The right to correct abuses by legislation carries the 
  right to consider and discuss [them].'' 8 Cannon Sec. 2497. Members 
  may employ strong language in criticizing the government, government 
  agencies, and governmental policies. It has been held in order for a 
  Member to:

     Refer to the government as ``something hated, something 
         oppressive.'' 71-1, June 14, 1929, p 2924.
     Refer to the President as ``using legislative and judicial 
         pork.'' 8 Cannon Sec. 2499.
     Refer to a presidential message as a ``disgrace to the 
         country.'' 5 Hinds Sec. 5091.
     Refer to certain unnamed officials as ``our half-baked nitwits 
         handling the foreign affairs. . . .'' 76-3, Oct. 1, 1940, p 
         12985.
     Refer to a federal agency as a ``socialist, communist'' 
         experiment. 83-2, Mar. 31, 1954, p 4221.
     Refer to the government as a ``Labor dictatorship.'' 77-2, 
         Feb. 26, 1942, p 1714.


[[Page 382]]



      On the other hand, the rules do not permit the use of language 
  that is personally offensive toward the President (5 Hinds Sec. 5094; 
  102-2, Oct. 2, 1992, p ____), such as calling the President a ``liar'' 
  (99-1, June 26, 1985, p 17394) or ``hypocrite'' (102-2, Sept. 25, 
  1992, p ____). See also 8 Cannon Sec. 2498. Members should refrain 
  from discussing the President's personal character. 103-2, Mar. 10, 
  1994, p ____. A Member may not in debate describe the President's veto 
  of a bill as ``cowardly'' (101-1, Oct. 25, 1989, p ____), or charge 
  that he has been ``intellectually dishonest'' (101-2, May 9, 1990, p 
  ____) or refer to him as ``giving aid and comfort'' to the enemy (104-
  1, Jan. 25, 1995, p ____).
      Debate in the House may refer to the motives of the President but 
  personal criticism, innuendo, ridicule, or terms of opprobrium are not 
  in order. 8 Cannon Sec. 2497. And they may not be inserted by reading 
  from extraneous material. 103-1, Mar. 3, 1993, p ____. In one instance 
  the Speaker advised that the traditional protections against 
  unparliamentary references to the President did not necessarily extend 
  to the President's family. 101-2, July 12, 1990, p ____. But such 
  protection has been extended to all nominated candidates for the 
  President. 102-2, Sept. 24, 1992, p ____. In 1995, the Chair advised 
  that references to the personal conduct of the Vice President were not 
  in order. 104-1, Jan. 18, 1995, p ____. Under Rule XIV, a Member may 
  be called to order for alleged unparliamentary references to the 
  President by a demand that the words be taken down for a ruling by the 
  Speaker. 99-2, Aug. 12, 1986, pp 21078, 21079.


  Sec. 26 . Procedure; Calls to Order

                               In the House

      Procedures are available under Rule XIV that enable the House to 
  deal with disorderly words or actions by Members. A Member 
  transgressing the rules may be called to order by the Speaker or by 
  another Member. Manual Sec. 760. The Member calling him to order may 
  then demand that the words objected to be ``taken down'' and read to 
  the House by the Clerk. Manual Sec. 761. The business of the House is 
  suspended until the words are reported to the House. 93-2, Aug. 21, 
  1974, pp 29652, 29653.
      Briefly summarized, procedures available to deal with disorder 
  include:

     Point of order raised against alleged unparliamentary language
     Demand that words be ``taken down''
     The Chair gavels the proceedings to a halt and directs the 
         offending Member to take his seat
     Words taken down reported to the House by the Clerk
     Unanimous-consent request to withdraw words taken down

[[Page 383]]

     Motion to allow Member to explain words taken down
     Speaker rules whether words are out of order
     Member ruled out of order must be seated and discontinue 
         debate
     Motion to strike (or expunge) words
     Censure or other disciplinary action by the House
     Motion that the Member be allowed to proceed in order

      The Speaker rules on the question of whether the words or actions 
  objected to are out of order. 96-1, July 24, 1979, p 20380. The words 
  having been read from the desk, the Chair decides whether they are in 
  order (5 Hinds Secs. 5163, 5169), as read by the Clerk and not as 
  alleged to have been uttered (102-2, June 9, 1992, p ____). Pending 
  his ruling, the Speaker may recognize the Member who made the 
  statement to ask unanimous consent to withdraw or modify the words. 
  87-2, June 5, 1962, p 9739; 95-1, Mar. 2, 1977, p 5937. Withdrawal of 
  words objected to, see Sec. 29, infra. Whether the Member is to be 
  allowed to proceed in order or is to be subjected to censure or other 
  disciplinary measure is for the House to determine. Manual Sec. 760.
      A Member called to order for words spoken in debate is required to 
  take his seat (5 Hinds Sec. 5147), unless permitted to proceed in 
  order by the House. 90-1, Aug. 14, 1967, p 22443. It is a breach of 
  decorum for a Member to ignore the Chair's gavel and his instruction 
  that the Member be seated. 103-2, July 29, 1994, p ____. Once required 
  to take his seat because of unparliamentary language, the Member may 
  proceed in order only with the consent of the House. 88-1, Oct. 31, 
  1963, pp 20742, 20744; 93-2, Aug. 21, 1974, pp 29652, 29653. He loses 
  the floor (5 Hinds Sec. 5199) and may not continue to participate in 
  debate on the same day even on time yielded to him by another Member. 
  5 Hinds Sec. 5147; 99-1, Mar. 19, 1985, p 5533.
      Not all cases involving disorderly words require the taking down 
  of words and other formal action by the House. In many instances, the 
  Chair will observe that debate is becoming personal and approaching a 
  violation of the rules, in which case he may simply request that 
  Members proceed in order; the Members respond appropriately, and the 
  House proceeds with its business. See, for example, 88-2, June 23, 
  1964, p 14717. Or the Chair may merely caution all Members on his own 
  initiative or in response to a parliamentary inquiry not to question 
  the integrity or motivation of other Members in debate. 99-1, Apr. 22, 
  1985, p 8693. Likewise, where a Member objects to unparliamentary 
  remarks delivered in debate, but does not demand that the words be 
  taken down, it is appropriate for the Chair to direct that Members 
  proceed in order. 95-2, May 8, 1978, p 13215.

[[Page 384]]

                                   Form

      Chair: For what purpose does the gentleman rise?
      Member: Mr. Speaker (or Mr. Chairman), I rise to a point of order.
      Chair: The gentleman will state his point of order.
      Member: Mr. Speaker (or Mr. Chairman), I make the point of order 
    that the gentleman from __________ is __________.
      Chair: The point is well taken and the gentleman will proceed in 
    order.

      Ordinarily, a question of personal privilege may not be based upon 
  language uttered in debate, the proper course being the timely demand 
  that words be taken down under Rule XIV. 81-1, Mar. 16, 1949, pp 2651, 
  2652; 80-1, Mar. 20, 1947, p 2314.


  Sec. 27 . -- Procedure in the Committee of the Whole

      A point of order may be raised against the use of disorderly 
  language during debate in the Committee of the Whole. The Chairman of 
  the Committee of the Whole may himself respond to the point of order 
  by admonishing the offending Member to proceed in order. 99-2, Aug. 
  12, 1986, pp 21078, 21079.
      The use of disorderly language in the Committee is also subject to 
  a demand that the words be taken down and reported to the House for a 
  ruling by the Speaker. 8 Cannon Sec. 2539. The Chairman does not rule 
  on whether the words taken down are out of order. 8 Cannon Secs. 2533, 
  2540. Nor is there any debate in the Committee of the Whole as to the 
  propriety of the words used. 8 Cannon Sec. 2538. The Committee rises 
  automatically (8 Cannon Secs. 2533, 2538, 2539) and reports the words 
  to the House (2 Hinds Secs. 1257-1259, 1348). The business of the 
  Committee is suspended until the words objected to are reported to the 
  House. 93-1, Dec. 13, 1973, pp 41270, 41271; 95-2, Feb. 8, 1978, p 
  2832; 96-1, June 12, 1979, p 14461.

                                   Forms

      Chairman: Mr. Speaker, the Committee of the Whole House [on the 
    state of the Union] having under consideration the bill H.R. ____, 
    certain words used in debate were objected to and on request were 
    taken down and read at the Clerk's desk, and I herewith report the 
    same to the House.
      Speaker (after announcing report of Chairman): The Clerk will read 
    the words reported from the committee.

      All of the words objected to in Committee should be reported to 
  the House. The Speaker can pass only on the words as reported; a 
  demand that additional words uttered in Committee be reported is not 
  in order in the House. 89-1, July 27, 1965, p 18444.

[[Page 385]]

      After the Speaker rules on the words objected to and the House has 
  disposed of any disciplinary proceedings, the Committee resumes its 
  sitting without motion. 8 Cannon Secs. 2539, 2541; Manual Sec. 761.


  Sec. 28 . -- Taking Down Words

      The taking down of words objected to in debate was a practice of 
  the House even before the procedure became part of its formal rules in 
  1837. Rule XIV clause 5. Manual Sec. 761. The words taken down may 
  consist of a single phrase (82-1, July 26, 1951, p 8968) or an entire 
  colloquy between two Members (79-2, Feb. 12, 1946, p 1241). The demand 
  should indicate the words excepted to and the identity of the Member 
  who uttered them. Manual Sec. 761. The objecting Member may indicate 
  briefly the basis for his demand, such as impugning the motives of a 
  colleague; but the Member making the demand may not at that time 
  debate the grounds for a finding that the words are disorderly. 82-1, 
  July 26, 1951, p 8968.
      Ordinarily, debate on or interpretation of the words objected to 
  is not in order pending a ruling on them by the Speaker. 87-2, Mar. 
  19, 1962, p 4458. Although words objected to in debate may be 
  withdrawn pursuant to a unanimous-consent request (Sec. 30, infra), no 
  debate is in order pending such a request. 95-2, Aug. 2, 1978, p 
  23945. However, the offending Member may by unanimous consent (or on 
  motion by another Member) be permitted to explain his words. 92-1, 
  Nov. 10, 1971, p 40442.
      While a demand that words be taken down is pending, the Speaker 
  may refuse to entertain a parliamentary inquiry (88-1, Oct. 31, 1963, 
  p 20742) or a unanimous-consent request that a Member be allowed to 
  proceed for one minute (88-2, Jan. 21, 1964, p 756).

                                   Form

      Member: Mr. Speaker (or Mr. Chairman), I rise to a point of order, 
    and ask that the gentleman's words be taken down.
      Chair: The gentleman will indicate the words objected to.
      Member: I demand that the words ______________, uttered by the 
    gentleman from __________, be taken down.
      Chair: The Clerk will report the words indicated by the gentleman.

                           Timeliness of Demand

      A demand that words be taken down is in order only if made in a 
  timely manner under Rule XIV (Manual Sec. 761). The demand should be 
  made immediately after the words are uttered. 88-1, Oct. 31, 1963, p 
  20742. Where debate has intervened, the demand comes too late (91-1, 
  Sept. 4, 1969, p 24372; 94-2, Apr. 29, 1976, p 11981) unless the 
  objecting Member was on his feet seeking recognition at the proper 
  time. 8 Cannon Sec. 2528.

[[Page 386]]

  See also 97-1, May 5, 1981, p 8496; 98-2, May 23, 1984, p 13941. The 
  Chair's determination as to whether a Member's point of order 
  constitutes a demand that those words be ``taken down,'' is not such 
  intervening debate or business as to render the demand untimely. 98-2, 
  Oct. 2, 1984, p 28522. If a point of order or demand that words be 
  taken down is not made immediately after the use of the offending 
  words, the Chair need not subsequently respond to a parliamentary 
  inquiry as to whether the particular words used were a breach of 
  order. 99-2, Mar. 13, 1986, p 4633.

                    Taking Down Words Read From Papers

      Papers read during debate are subject to a timely demand that 
  words be ``taken down'' as an unparliamentary reference to other 
  sitting Members, but the demand must be made before subsequent reading 
  intervenes. 99-1, Feb. 25, 1985, pp 3345-47. That certain words may 
  already have been published elsewhere does not make them admissible in 
  debate, and words not admissible in debate may not be inserted for the 
  Record. 102-2, Oct. 2, 1992, p ____.

                           Withdrawal of Demand

      A demand in the House or in the Committee of the Whole that words 
  be taken down may be withdrawn by the Member making the demand, and 
  unanimous consent is not required. 88-2, Feb. 10, 1964, p 2780; 92-1, 
  Nov. 10, 1971, p 40470; 95-2, Aug. 3, 1978, p 24238.


  Sec. 29 . -- Withdrawal or Modification of Words

                          Generally; In the House

      Words objected to in debate in the House may be withdrawn or 
  modified by unanimous consent. 8 Cannon Secs. 2543, 2544; 88-2, May 
  11, 1964, p 10448. Such withdrawal by consent is in order pending the 
  demand that the words be taken down. 102-2, Oct. 3, 1992, p ____. In 
  1990, a reference to ``the best Congress money can buy'' and to the 
  Members as ``political prostitutes'' was withdrawn by unanimous 
  consent. 101-2, Oct. 12, 1990, p ____. Even after a Member's words 
  have been taken down on demand and read to the House, the Speaker may 
  recognize the Member who made the statement to ask unanimous consent 
  to withdraw or modify the words. 87-2, June 5, 1962, p 9739; 95-1, 
  Mar. 2, 1977, p 5937; 95-2, July 13, 1978, p 20715.
      Pending a demand that words spoken in debate be taken down and 
  ruled unparliamentary, the Chair may inquire whether the Member whose 
  remarks are challenged wishes to request unanimous consent to modify 
  his remarks before directing the Clerk to read them. 97-2, Dec. 8, 
  1982, p

[[Page 387]]

  29466. However the withdrawal of unparliamentary language may be made 
  even after the Speaker has ruled the language out of order or even 
  recognized another Member on a motion to strike the words from the 
  Record. 8 Cannon Sec. 2539.
      The Speaker does not rule retrospectively on the propriety of 
  words withdrawn by unanimous consent. 102-2, Oct. 3, 1992, p ____.

                       In the Committee of the Whole

      A Member may withdraw or modify words objected to in Committee of 
  the Whole by unanimous consent. 8 Cannon Secs. 2528, 2538. 88-1, Aug. 
  1, 1963, p 13865; 88-2, June 10, 1964, pp 13254, 13275. In one 
  instance, two Members demanded that each other's words be taken down 
  and then, by unanimous consent, withdrew their remarks in the 
  Committee of the Whole before they were reported to the House. 94-2, 
  Apr. 29, 1976, p 11882.

                         Deletions From the Record

      Adopted in 1995, clause 9 of Rule XIV mandates that the 
  Congressional Record be a ``substantially verbatim'' account of 
  debate, and permits the deletion of unparliamentary remarks only by 
  House order. This clause establishes a standard of conduct within the 
  meaning of that provision of the rules giving rise to the 
  investigative jurisdiction of the Committee on Standards of Official 
  Conduct. Clause 9(a)-(c).


  Sec. 30 . -- Permission to Explain

      Ordinarily, a Member whose words are taken down must take his seat 
  and may not explain his remarks pending a ruling by the Speaker. 87-1, 
  Mar. 24, 1961, p 4780. However, the rules specifically provide for a 
  motion to allow the Member to explain, which motion must be made by 
  another Member. Rule XIV clause 4 (Manual Sec. 760). Moreover, the 
  Speaker has the discretion to request the Member called to order, 
  before ruling on the words, to make a brief explanation of his 
  remarks. 76-3, Oct. 9, 1940, p 13477.


  Sec. 31 . -- Speaker's Ruling

      The Speaker (or Speaker pro tempore) has the sole power to rule 
  whether words objected to constitute a breach of order in debate. 2 
  Hinds Sec. 1249; 5 Hinds Secs. 5163-5169. This determination is made 
  by the Speaker after the words have been taken down (whether in the 
  House or in the Committee of the Whole) and have been reported by the 
  Clerk. The question

[[Page 388]]

  of whether words taken down violate the rules is for the Speaker to 
  decide and is not debatable. 80-2, Jan. 15, 1948, p 205.
      The Speaker's ruling on a question of order has been appealed in 
  the House in numerous instances, the Speaker generally being 
  sustained. 5 Hinds Secs. 5157, 5173, 5178, 5194, 5196, 5198, 5199. 
  Such an appeal is subject to the motion to table. 104-1, Jan. 18, 
  1995, p ____. Also, the House may, by voting on a proper motion, 
  dictate the consequences of that ruling by imposing disciplinary 
  action or by allowing the Member to proceed in debate.
      The Speaker in ruling on the words objected to weighs the 
  importance of freedom in debate against the need to maintain the order 
  and dignity of the House. 5 Hinds Sec. 5163. The Speaker considers the 
  meaning of the words as well as the context in which they were used. 
  74-1, July 23, 1935, p 11699. The Speaker may put questions to the 
  offending Member about the words (90-1, Apr. 5, 1967, p 8411) and may 
  consult dictionaries to determine the meaning of certain words or 
  terms (74-1, July 16, 1935, p 11256).


  Sec. 32 . -- Discipline; Post-ruling Motions

                                 Generally

      Censure or other disciplinary action is a matter for the House and 
  not the Chair to decide. 79-1, Feb. 22, 1945, p 1371. However, no 
  House action is in order until the Chair has ruled on the words 
  objected to. 72-1, May 13, 1932, p 10135. If the words used are ruled 
  to be unparliamentary, and if such words have not been withdrawn, the 
  House may entertain certain motions enabling it to dispose of the 
  breach of order.

                        Striking Words From Record

      Under modern practice, words ruled out of order are normally 
  stricken from the Record by unanimous consent initiated by the Chair. 
  101-2, May 10, 1990, p 9992. If there is an objection, a motion to 
  strike or expunge the words from the Record is in order. 8 Cannon 
  Secs. 2538, 2539; Manual Sec. 760. A motion to expunge is in order 
  even though the House by vote has authorized the Member to proceed. 
  73-1, June 7, 1933, pp 5203-05. The motion, which is debatable within 
  narrow limits under the hour rule (80-1, June 12, 1947, p 6895), is 
  not in order until the Chair has decided that the words are out of 
  order. 71-1, June 14, 1929, p 2924. The motion is not in order in the 
  Committee of the Whole. 77-1, Feb. 18, 1941, p 1126.

                            Proceeding in Order

      After a Member's words have been ruled out of order, the Member 
  may be permitted to proceed in order either by unanimous consent (87-
  1, Mar.

[[Page 389]]

  24, 1961, p 4780) or by motion. It is the practice to test the opinion 
  of the House by a motion ``that the gentleman be allowed to proceed in 
  order.'' 5 Hinds Secs. 5188, 5189; 8 Cannon Sec. 2534; 101-2, May 10, 
  1990, p ____. This motion may be stated on the initiative of the 
  Chair. It is debatable within narrow limits of relevance under the 
  hour rule, and is subject to the motion to lay on the table. 102-1, 
  Oct. 8, 1991, p ____; 104-1, Mar. 29, 1995, p ____.
      The motion is privileged for consideration in the House. 73-1, 
  June 7, 1933, pp 5203-05. A motion to strike the objectionable words 
  also generally precedes a proposition to permit a Member to proceed in 
  order. 87-1, Mar. 24, 1961, p 4780.


        E. Critical References to the House, Committees, or Members


  Sec. 33 . In General; Criticism of the House

                                 Generally

      In early Congresses it was held not in order to ``cast 
  reflections'' on the House or its membership, present or past. 5 Hinds 
  Secs. 5132-5138. Today, in the interests of free and full debate in 
  conducting legislative deliberations, Members are permitted to voice 
  critical opinions of Congress, of the House, and of the political 
  parties. 82-1, July 26, 1951, p 8969. Statements that are critical of 
  Congress or a portion of its membership will not be ruled out of order 
  for that reason alone. Thus, a statement in debate claiming that the 
  campaign expenses of Members were paid by certain interest groups has 
  been held to be in order. 76-1, Mar. 16, 1939, p 2883.
      However, such criticism is subject to the rules and settled 
  practices of the House that require courtesy and decorum in debate. 
  Jefferson's Manual states that no one is permitted to use ``indecent 
  language'' in referring to the proceedings of the House. Manual 
  Sec. 360. The language used must not be offensive in itself. 5 Hinds 
  Sec. 5135. And the words must be stated in such a way as to avoid 
  personal criticism of an individual Member. (Sec. 37, infra.) Words 
  impeaching the loyalty of a portion of the membership have also been 
  ruled out. 5 Hinds Sec. 5139.

[[Page 390]]

                              Ruled In Order

      Set out below are precedents in which criticism in debate was held 
  parliamentary or in order as not referring to any particular Member:

     A question whether it was a parliamentary inquiry to ask that 
         a bill be printed in ``words of one syllable so that [Members 
         of the opposing party] can understand it.'' 75-3, Mar. 31, 
         1938, p 4484.
     A statement that a Member was leading his party in a policy of 
         opportunism. 77-1, Feb. 8, 1941, p 796.
     A statement referring to ``irresponsible actions by members of 
         the President's own party.'' 85-1, Mar. 27, 1957, p 4557.
     ``[Y]ou have your definition of consistency. My definition is 
         that consistency is a virtue of small minds.'' 87-2, Apr. 11, 
         1962, p 6374.
     A reference to Members as having praised a foreign dictator in 
         prior debate. 98-2, Apr. 12, 1984, p 9480.
     Words characterizing unnamed Members as taking ``potshots'' 
         and as lacking judgment. 99-2, Mar. 18, 1986, p 5201.
     A reference to the consideration of a bill under procedures 
         representing ``a classic example of duplicity.'' 100-2, Apr. 
         19, 1988, pp 7330, 7335-39.

                           Ruled Out or Stricken

      Set out below are precedents in which words in debate referring to 
  the House or to the membership in general terms were ruled out of 
  order or stricken from the Record.

     ``Talk not to me of vindicating your insulted dignity. . . . 
         You have no dignity to vindicate.'' 5 Hinds Sec. 5132.
     ``[T]he proceedings of the House had been such as not only to 
         degrade it as a body, but also to degrade the country.'' 5 
         Hinds Sec. 5133.
     A statement declaring the opinions and decisions of the House 
         ``damnable heresies.'' 5 Hinds Sec. 5135.
     A reference to ``[T]he right of the minority to stay 
         indefinitely the right of majority to legislate is as 
         disgraceful, as dishonorable. . . .'' 5 Hinds Sec. 5136.
     ``Drunken Members have reeled about the aisles--a disgrace to 
         the Republic. Drunken speakers have debated grave issues on the 
         floor. . . .'' 5 Hinds Sec. 5186.
     A statement referring to members of the Republican Conference 
         as avoiding an issue and describing lynching as a ``proper 
         means of justice.'' 82-1, July 26, 1951, p 8969.

      To show the distinction between words that are permissible and 
  language that may be ruled out, illustrations in this article are 
  drawn from debates from earlier as well as recent Congresses. However, 
  precedents from earlier eras must be evaluated in their historical and 
  cultural context; wheth-

[[Page 391]]

  er a word or expression is to be ruled out of order depends on its 
  current meaning and usage. See Sec. 38, infra.


  Sec. 34 . Criticism of Committees

      A Member in debate may express general criticism of the actions of 
  a committee, as by alleging an abuse of its powers. 81-1, Jan. 17, 
  1949, p 428. Criticisms of committee procedure are also permitted. 76-
  3, May 6, 1940, p 5628. But a Member may not in debate impugn the 
  personal motives of a committee or its members (77-1, Feb. 11, 1941, p 
  894), nor may he make unparliamentary claims of unlawful activity (79-
  2, Apr. 16, 1946, p 3761). Debate may not include critical 
  characterizations of members of the Committee on Standards of Official 
  Conduct who have investigated a Member's conduct. 102-2, Apr. 1, 1992, 
  p ____.

                              Ruled In Order

     A reference to the action of a committee as ``more or less 
         pusillanimous.'' 76-1, May 31, 1939, p 6445.
     An editorial read by a Member charging a committee with 
         ``pigeon-holing'' certain legislation. 76-3, May 6, 1940, p 
         5628.
     ``Did the gentleman's committee also find paid agents of 
         Hitler on the congressional payroll?'' 78-1, Mar. 31, 1943, p 
         2787.
     A reference to a committee investigation of ``the recent wave 
         of policy lynch murder in Mississippi.'' 80-2, Mar. 9, 1948, p 
         2408.
     A statement that a Member ``has been the victim of the 
         abusive, vicious, and irresponsible use of the power of a 
         congressional committee.'' 81-1, Jan. 17, 1949, p 428.

                            Ruled Out of Order

     A statement that certain fascist organizations exercised 
         extensive influence on a special House committee. 77-1, Feb. 
         11, 1941, p 894.
     Language referring to ``lies and half-truths'' of a House 
         committee report. 80-1, June 16, 1947, p 7065.
     ``I cannot respect the actions or even the sincerity of some 
         of the committee members.'' 79-2, June 26, 1946, p 7596.
     A reference to the Committee on Un-American Activities as 
         ``the Un-American Committee.'' 80-1, Jan. 12, 1947, p 6895.


  Sec. 35 . Criticism of Speaker

      The proscription of Rule XIV clause 1 that Members confine 
  themselves to the question under debate, ``avoiding personality,'' has 
  been applied to critical references to the Speaker's personal conduct. 
  104-1, Jan. 19, 1995, p ____. It is not in order in debate to refer 
  invidiously to the Speaker (8 Cannon Sec. 2531); nor is it in order to 
  speak disrespectfully of him

[[Page 392]]

  (2 Hinds Sec. 1248; 104-1, Jan. 19, 1995, p ____), as by asserting 
  that he is ``kowtowing'' to persons who would desecrate the U.S. flag. 
  101-2, June 20, 1990, p ____. It is not in order in debate to refer in 
  a personally critical manner to his political tactics. 97-1, June 25, 
  1981, p 14056. Nor is it in order to arraign his personal conduct. 
  104-1, Jan. 19, 1995, p ____. Any complaint as to the conduct of the 
  Speaker should be presented directly for the action of the House and 
  not by way of debate on other matters, such as the approval of the 
  Journal. 5 Hinds Sec. 5188. 104-1, Jan. 19, 1995, p ____. Personal 
  criticisms of the Speaker can be challenged after debate has 
  intervened. 2 Hinds Sec. 1248.
      It is against order in debate for a Member to charge that the 
  Speaker, while presiding, committed a dishonest act or that the 
  Speaker repudiated and ignored the rules of the House. 73-2, May 31, 
  1934, p 10167. In one instance, however, an assertion of a personal 
  belief that a sufficient number had been standing to demand a recorded 
  vote was held parliamentary as not necessarily charging the Chair with 
  disregard of the rules, in the context of those words alone. 99-1, 
  July 11, 1985, pp 18545, 18550.
      If words impugning the Speaker are uttered, the Speaker may choose 
  not to rule on the words himself but may appoint a Member to occupy 
  the Chair and to deliver a decision. 74-1, Feb. 7, 1935, pp 1680-82.


  Sec. 36 . Criticism of Legislative Actions or Proposals

                                 Generally

      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. 104-1, Jan. 24, 1995, 
  p ____; 104-1, Mar. 8, 1995, p ____. Statements in debate, although 
  critical of House action or of the legislation at issue, may be ruled 
  in order if they do not improperly reflect on the House or a 
  particular Member. 88-2, Jan. 21, 1964, p 756. Harsh words may be used 
  to criticize a bill unless they fail to ``avoid personality'' as 
  mandated by Rule XIV (Manual Sec. 749). 79-2, Jan. 31, 1946, p 675. 
  While it may be appropriate in debate to characterize the effect of an 
  amendment as deceptive or hypocritical, to characterize the motivation 
  of a Member in offering an amendment with those terms is not in order. 
  96-1, June 12, 1979, p 14461. In one instance, the statement in debate 
  that ``it is only demagoguery or racism which impel such an 
  amendment'' was held by the Speaker to be unparliamentary as impugning 
  the motives of the Member offering the amendment. 93-1, Dec. 13, 1973, 
  pp 41270, 41271.

[[Page 393]]

                               Held in Order

      Criticisms of legislative actions or proposals that have been held 
  in order in debate include:

     A statement that ``sinister influences'' were working in the 
         interest of certain unnamed Members opposing a bill. 74-2, Mar. 
         23, 1936, p 4235.
     A statement accusing unnamed colleagues who opposed a measure 
         of talking ``loosely and recklessly with the truth.'' 77-1, May 
         6, 1941, p 3670.
     A statement accusing unnamed Members of attempting to ``cut 
         off debate'' on important legislation in order to attend an 
         engagement at a hotel. 78-2, Feb. 3, 1944, pp 1216 et seq.
     A statement that all lawyers know ``that the adoption of this 
         language neither adds to nor takes from a single item of the 
         substance of this bill.'' 79-2, Feb. 20, 1946, p 1500.
     A reference accusing unnamed opponents of a proposal of 
         ``blind,'' ``slavish,'' and ``shameful'' opposition. 81-2, Feb. 
         6, 1950, p 1513.
     A statement referring to an amendment that: ``where I come 
         from . . . the people . . . do not like slippery, snide, and 
         sharp practices.'' 82-1, July 26, 1951, p 8968.
     A statement referring to a tactic of ``withholding'' votes 
         until it could be determined whether they would be necessary on 
         the pending question. 89-1, July 26, 1965, p 18441.
     A statement that a Member ``has already admitted his amendment 
         does not make sense, and he will take any alternative that is 
         offered.'' 88-2, Jan. 21, 1964, p 756.


  Sec. 37 . Critical References to Members

      Jefferson stressed the importance of preserving ``order, decency 
  and regularity . . . in a dignified public body.'' Manual Sec. 285. 
  And the House rules provide that a Member must confine himself to the 
  question under debate, ``avoiding personality.'' Rule XIV (Manual 
  Sec. 749). See 102-2, Oct. 3, 1992, p ____. The Chair may interrupt a 
  Member engaging in ``personalities'' with respect to a fellow Member 
  just as he would with respect to improper references to the Senate or 
  the President. 104-1, Jan. 4, 1995, p ____. However, under modern 
  practice the Chair normally awaits a point of order from the floor 
  with respect to references to other Members.
      The Speaker will hold language unparliamentary where it improperly 
  reflects on another Member under Rule XIV. 93-2, Aug. 21, 1974, pp 
  29652, 29653. A Member may not in debate impugn the personal motives 
  of another Member (Sec. 39, infra), charge him with falsehood or 
  deception (Sec. 40, infra), or denigrate his intelligence (Sec. 41, 
  infra). Nor is it in order in debate to refer in a personally critical 
  manner to the political tactics of a Member. 97-1, June 25, 1981, p 
  14056. The truth of allegations involving unethical

[[Page 394]]

  behavior of a Member is not a defense to a point of order that the 
  remarks are unparliamentary as explicitly or by innuendo engaging in 
  personalities. 104-1, Jan. 18, 1995, p ____. On the other hand, it is 
  recognized that free and full debate is necessary in conducting 
  legislative business, and the Members are allowed considerable 
  latitude in criticizing the position, arguments, or contentions of 
  another Member. 74-1, July 23, 1935, p 11699.
      It is not in order during debate to refer to a particular Member 
  of the House in a derogatory fashion, even though that Member is not 
  named, and the Chair will intervene to prevent improper reference 
  where it is evident that a particular Member is being described. 99-1, 
  Feb. 25, 1985, pp 3345-47. In one instance, after a Member had 
  expressed an absence of ``good faith on the other side,'' he was 
  granted unanimous consent to withdraw any reference to any individual 
  Member. 100-1, June 18, 1987, pp 16761-63.
      Members should refrain from references in debate to the official 
  conduct of other Members where such conduct is not under consideration 
  in the House by way of a report of the Committee on Standards of 
  Official Conduct or as a question of the privilege of the House. 101-
  2, July 24, 1990, p ____; 102-2, Mar. 19, 1992, p ____.
      The rule requiring Members to avoid ``personality'' during debate 
  prohibits references in debate to newspaper accounts used in support 
  of a Member's personal criticism of a sitting Member in a way which 
  would be unparliamentary if uttered on the floor as the Member's own 
  words. 99-1, Feb. 25, 1985, pp 3345-47.
      It is not unparliamentary to describe in debate the effect which a 
  Member's remarks may have, especially where that description includes 
  a disclaimer disavowing any intention to impugn a Member's motives. 
  98-1, July 28, 1983, p 21462.

                       Ruled In Order During Debate

     A statement that if a certain Member sponsors a measure it 
         would receive only one or two votes. 73-2, June 12, 1934, p 
         11177.
     A reference to another Member's remarks as ``yapping.'' 73-2, 
         June 16, 1934, p 12114.
     A statement accusing a Member of trying ``to becloud'' an 
         issue. 82-1, Sept. 25, 1951, p 12074.
     A reference in debate to another Member as not representing a 
         certain class of people in his state. 83-1, Apr. 28, 1953, p 
         4126.
     A reference to another Member's statement as ``intemperate.'' 
         88-1, Aug. 1, 1963, p 13865.
     A description of a Member's statement that ``this is an 
         example of the spurious reasoning that [an interest group] has 
         with regard to their opposition to this bill.'' 87-2, Mar. 19, 
         1962, p 4458.

[[Page 395]]

     A Member's statement that another Member's demand that words 
         be taken down during a special-order speech was ``an unfair 
         stealing of time.'' 99-1, Feb. 27, 1985, pp 3899, 3900.
     A Member's assertion that ``even though that may not be the 
         intention, I think [certain statements] have the tendency to 
         try to assassinate the character of the person making the 
         statement rather than to effectively assassinate the 
         argument.'' 98-1, July 28, 1983, p 21461.

                            Ruled Out of Order

     A reference to the remarks of another Member as ``malignant 
         shafts'' or as a ``base insinuation.'' 5 Hinds Sec. 5162.
     A reference to another Member as a ``snooper.'' 74-1, July 16, 
         1935, p 11256.
     ``The gentleman took the floor in his self-appointed role as 
         spokesman for the committee [and] referred to me in my absence 
         in a disgraceful and unparliamentary manner.'' 79-2, May 16, 
         1946, p 5106.
     Referring to another Member as a demagogue (78-1, May 4, 1943, 
         p 3915) or as a ``president of the Demogog Club'' (76-3, Feb. 
         15, 1940, p 1529).
     ``[D]on't you start comparing anybody's record, because I have 
         got yours . . . with . . . the FBI.'' 79-1, Apr. 30, 1945, p 
         3992.
     A reference to another Member as a ``pinko.'' 88-1, Oct. 31, 
         1988, p 20742.


  Sec. 38 . -- Use of Colloquialisms; Sarcasm

      The Members are allowed considerable latitude in the use of 
  colloquialisms, euphemisms, figures of speech, and even sarcastic 
  comment in debate. In one instance, for example, the statement in 
  debate ``you are going to skin us'' was held merely a colloquialism 
  which did not reflect on any Member and was in order. 77-1, Feb. 18, 
  1941, p 1126. In another instance, a Member used the word ``crime'' in 
  referring to another Member, but the Chair ruled the term in order, 
  finding that in the context of the debate, the term was being used as 
  a synonym or figure of speech meaning ``wrong.'' 74-1, July 23, 1935, 
  p 11699. A statement in debate ``[h]ere is the answer, if the 
  gentleman can understand English'' has been held in order. 74-2, Mar. 
  9, 1936, p 3465.
      The use in debate of colloquial expressions, figures of speech, or 
  sarcasm is governed by their current meaning and by the context in 
  which they are uttered. 5 Hinds Secs. 5165, 5167. An unparliamentary 
  reference to another Member in debate is subject to a point of order 
  even if it is veiled as a satiric compliment. 5 Hinds Sec. 5168. Even 
  the tone and mannerisms of a Member may be taken into account by the 
  Chair in determining whether the criticism voiced is personally 
  offensive to another Member. 98-1, May 26, 1983, p 14048.

[[Page 396]]

                                 Ruled Out

     A reference to another Member ``whose name is synonomous [sic] 
         with falsehood . . . who is the apologist of thieves; who is 
         such a prodigy of vice and meannesses that to describe him 
         would sicken imagination and exhaust invective.'' 2 Hinds 
         Sec. 1251.
     ``. . . [N]obody but a gambler or cutthroat would have thought 
         of tacking such a thing as that to such a bill as this.'' 2 
         Hinds Sec. 1258.
     A reference to another Member as possessing ``a characteristic 
         skill and cunning,'' for which he was ``unrivaled and 
         preeminent in the highly civilized, polished, and refined State 
         which honored the House with his presence here.'' 5 Hinds 
         Sec. 5167.
     ``The devotion of the gentleman . . . to the truth is so 
         notorious that I shall not reply.'' 8 Cannon Sec. 2545.
     A reference to another Member as a ``stool pigeon.'' 74-1, 
         July 16, 1935, p 11256.
     References to a Member as having a ``hand like a ham,'' 
         grasping a microphone until it ``groaned from mad torture,'' 
         and striding the House floor ``like a wild man.'' 76-1, Mar. 
         16, 1939, p 2871.
     A reference to another Member's proceeding in a ``cheap, 
         sneaky, sly way.'' 93-2, Aug. 21, 1974, p 29652.


  Sec. 39 . -- Impugning Motives

      In the early practice of the House, the Speaker intervened in 
  debate to prevent even the mildest imputation on the motives of a 
  Member. 5 Hinds Sec. 5161. It is still the rule that Members may not 
  in debate impugn the personal motives of other named Members in the 
  performance of their legislative duties. 99-1, Mar. 19, 1985, pp 5532-
  37. An opinion on the general motives of the House or a political 
  party in adopting or rejecting a proposition may be expressed 
  (Sec. 36, supra). References to political motivation for legislative 
  actions may be in order. 104-1, Jan. 24, 1995, p ____; 104-1, Mar. 8, 
  1995, p ____. But an assertion that a Member's use of the legislative 
  process is motivated by personal gain (5 Hinds Sec. 5149) or by ``the 
  prospect of a junketing trip'' (8 Cannon Sec. 2546) is not in order. 
  Merely to question the sincerity of a Member has been held to impugn 
  his motives. 5 Hinds Sec. 5148.
      Members should refrain from references in debate to the 
  motivations of Members who file complaints before the Committee on 
  Standards of Official Conduct. 101-1, Mar. 22, 1989, p 5130; 101-1, 
  May 2, 1989, p 7735; 101-1, Nov. 3, 1989, p ____.

[[Page 397]]

                            Ruled Out of Order

      In the precedents below language was objected to in debate as 
  impugning a Member's motives and was ruled out of order.

     Charging another Member, in his capacity as custodian of 
         certain public money, with ``[m]aking a parade of his charity, 
         he has been gorging himself and speculating with this money.'' 
         5 Hinds Sec. 5152.
     To characterize the motivation of a Member in offering an 
         amendment as deceptive and hypocritical. 96-1, June 12, 1979, p 
         14461.
     An observation that a Member stood in the well before an empty 
         House and challenged the Americanism of other Members, ``and it 
         is the lowest thing that I have ever seen in my 32 years in 
         Congress.'' 98-2, May 15, 1984, pp 12201, 12202.
     To characterize another Member as ``speaking out of both sides 
         of his mouth.'' 99-1, Mar. 19, 1985, p 5532.


  Sec. 40 . -- Charging Falsehood or Deception

      During debate on the floor, an assertion by one Member may be 
  declared untrue by another (5 Hinds Sec. 5159); yet in so doing an 
  accusation of intentional misrepresentation must not be implied. 5 
  Hinds Secs. 5157, 5189; 8 Cannon Sec. 2542; Manual Sec. 363. Any term 
  or language implying a deliberate misstatement of the truth, for 
  whatever motive, is unparliamentary, including allegations of lying, 
  slander, or hypocrisy. Of course, a Member may question the 
  truthfulness of a Member's assertion without implying a deliberate 
  misstatement. A Member's expression of disbelief may be construed as 
  meaning that the Member referred to was merely mistaken in his 
  conclusions. 74-1, July 2, 1935, p 10670. In one instance, a Member's 
  statement in referring to another Member that, ``That is not true, and 
  he knows it,'' was held in order, the Speaker observing that the words 
  were not uttered in an offensive tone. 5 Hinds Sec. 5158.
      A Member may refer to falsehoods in the media without violating 
  the rules of the House, even though his remarks are made during debate 
  with another Member. 79-2, Feb. 12, 1946, p 1240.

                          Held In Order in Debate

     A Member's statement that he did ``not believe a word that 
         [another Member] has said.'' 74-1, July 2, 1935, p 10670.
     A statement referring to another Member ``when he comes here 
         to defend some slime-monger who goes on the radio and lies 
         about me. . . .'' 79-2, Feb. 12, 1946, p 1240.
     ``Let us be sincere and honest about this thing.'' 78-2, Jan. 
         21, 1944, p 560.

[[Page 398]]

                             Held Out of Order

     A Member's declaration that the words of another Member were 
         ``a base lie.'' 2 Hinds Sec. 1249.
     The use of the words ``grossly false,'' as applied to 
         statements made by another Member in a pamphlet published by 
         him during a recess of Congress. 5 Hinds Sec. 5157.
     A statement by a Member ``I cannot believe that the gentleman 
         . . . is sincere in what he has just said.'' 77-2, Nov. 2, 
         1942, p 8702.
     A statement that the remarks of a Member were ``false and 
         slanderous.'' 78-1, Dec. 20, 1943, p 10922.
     A statement in referring to another Member that ``pretexts are 
         never wanting when hypocrisy wishes to add malice to falsehood 
         or cowardice. . . .'' 79-1, Oct. 25, 1945, p 10044.
     ``I cannot respect the actions or even the sincerity of some 
         of the committee members.'' 79-2, June 26, 1946, p 7596.
     Language read in the House which repudiated ``lies and half-
         truths'' in a House committee report. 80-1, June 16, 1947, p 
         7065.
     Use of the word ``canard''--meaning falsehood--in referring to 
         the statement of another Member. 81-1, May 11, 1949, p 6042.
     Words accusing another Member of hypocrisy. 96-1, July 24, 
         1979, p 20380.


  Sec. 41 . -- Lack of Intelligence or Knowledge

      A Member in debate may be critical of the understanding or 
  knowledge of other Members or groups of Members in relation to pending 
  bills or amendments. However, such remarks should not denigrate the 
  intelligence of another Member because this would be personally 
  critical and offensive. 88-2, June 10, 1964, p 13254; 96-2, July 2, 
  1980, p 18361.


  Sec. 42 . -- References to Race or to Racial Prejudice

      Gratuitous references in debate to the race of another Member are 
  not in order. A reference to ``the Jewish gentleman from New York,'' 
  for example, has been ruled out by the Speaker. 79-1, Oct. 24, 1945, p 
  10032.
      It is not in order in debate to accuse a Member of bigotry or 
  racism. Remarks characterizing the motives behind certain legislation 
  as ``demagogic and racist'' (93-1, Dec. 13, 1973, p 41271) have been 
  ruled out of order, as has a reference to another Member as having 
  reached ``bigoted'' conclusions (90-1, Aug. 14, 1967, p 22443).


  Sec. 43 . -- Charges Relating to Loyalty or Patriotism

      Unless the subject is relevant to disciplinary proceedings brought 
  by the House against a Member, remarks in debate impugning the 
  patriotism or

[[Page 399]]

  loyalty of a Member are not in order. 101-2, June 20, 1990, p ____. 
  Words impeaching the loyalty of a portion of the membership have also 
  been ruled out. 5 Hinds Sec. 5139. However, if such language is 
  directed at the House or at its membership in general, the remarks may 
  not be improper (see also Sec. 33, supra).

                         Ruled In Order in Debate

     A statement referring to all opponents of the Committee on Un-
         American Activities as communist enemies. 79-2, Feb. 27, 1946, 
         p 1724.
     A statement that another Member had been published in a 
         newspaper ``dedicated to the destruction of this Government.'' 
         79-2, Mar. 28, 1946, p 2751.
     A statement referring to (unnamed) Members who give ``aid and 
         comfort'' to enemies and traitors. 80-1, Nov. 24, 1947, p 
         10791.
     A statement referring to ``people'' who would rip down the 
         American flag and replace it with the Soviet flag. 80-2, Mar. 
         25, 1948, p 3533.
     A statement characterizing the Committee of the Whole as an 
         agency of the Soviet Union. 80-2, June 4, 1948, p 7171.
     A statement accusing another Member of past opposition to 
         ``every bill necessary for the defense of our country.'' 81-1, 
         Mar. 16, 1949, p 2651.

                            Ruled Out of Order

     A statement that insertions in the Record by another Member 
         were taken from ``Nazi elements.'' 76-3, June 14, 1940, p 8269.
     A statement by a Member that internal fascist organizations 
         exercised extensive influence over a special House committee. 
         77-1, Feb. 11, 1941, p 894.
     A statement, in response to critical comments by another 
         Member, that ``I am not going to sit here and listen to these 
         communistic attacks made on me.'' 79-2, Feb. 12, 1946, p 1241.
     ``There is nothing more subversive than the kind of red 
         baiting tactics [of] the gentleman from __________.'' 79-2, 
         Apr. 2, 1946, p 2957.
     A statement referring to another Member as attempting to 
         undermine the government. 79-2, May 14, 1946, p 5028.
     A reference to the Committee on Un-American Activities as 
         ``the Un-American Committee.'' 80-1, June 12, 1947, p 6895.
     A reference to certain Members as ``apostles of doom'' whose 
         utterances would give ``great aid and comfort'' to the Soviet 
         Union. 82-1, Aug. 17, 1951, p 10250.
     A reference to another Member as ``kowtowing'' to persons who 
         would desecrate the flag. 101-2, June 20, 1990, p ____.

[[Page 400]]

                      F. Duration of Debate in House


  Sec. 44 . In General

                        Limitations on Debate Time

      Prior to 1841, there was no limit on the time which a Member might 
  occupy when once in possession of the floor. 5 Hinds Sec. 5221. Under 
  the modern practice, the duration of debate in the House is invariably 
  limited. Such limitations are imposed pursuant to the standing rules 
  of the House, special rules from the Committee on Rules, and 
  unanimous-consent agreements adopted by the House. Certain types of 
  legislative propositions, such as concurrent resolutions on the 
  budget, are subject to statutory time limitations. Sec. 48, infra.
      On major bills, a special rule typically specifies the length of 
  time for general debate--usually a number of hours--and identifies the 
  Members who are to control that time. Sec. 48, infra. Such time limits 
  may also be imposed pursuant to a unanimous-consent agreement. 99-1, 
  Apr. 30, 1985, p 9801. If a bill or resolution comes to the House 
  floor without such a time limit, the ``hour rule'' (Rule XIV clause 2) 
  applies to limit the time for general debate. 91-1, Feb. 5, 1969, p 
  2835. A Member calling up a measure in the House pursuant to a 
  unanimous-consent request or special rule which does not specify 
  debate time controls one hour of debate thereon. 95-1, Nov. 3, 1977, 
  pp 36970, 36971.
      Other limitations on the duration of debate are found in those 
  standing rules of the House that authorize specific motions, such as 
  the motion to suspend the rules. Debate on suspension motions is 
  limited to 40 minutes. Rule XXVII clause 2. Manual Sec. 907. (Forty-
  minute debate, see Sec. 46, infra.)

               Discretion of Chair as Affecting Debate Time

      On certain incidental questions of order, the duration of debate 
  is within the discretion of the Chair. This practice is followed with 
  respect to:

     Debate on points of order. 5 Hinds Secs. 6919, 6920; 8 Cannon 
         Secs. 3446-3448; 82-1, Apr. 13, 1951, p 3909.
     Debate following recognition for a reservation of objection to 
         a unanimous-consent request. See Points of Order; Parliamentary 
         Inquiries.
     Debate under the five-minute rule on an appeal in the 
         Committee of the Whole. 8 Cannon Sec. 2347.

                                Timekeeping

      The Chair monitors the time of Members who take the floor in 
  debate and announces when a Member's time has expired under the rules. 
  See, for example, 88-1, June 11, 1963, p 10633. Extensions of time, 
  see Sec. 48, infra.

[[Page 401]]

  Sec. 45 . The Hour Rule

      The ``hour rule'' of the House (Rule XIV clause 2) limits the 
  amount of time that a Member may occupy in debate on a pending 
  question to 60 minutes. Manual Sec. 758. A Member may not be 
  recognized for more than one hour. Although the House may by special 
  rule or unanimous consent extend the time for debate on a bill beyond 
  one hour, and divide that time between two or more Members, no Member 
  may address the House for more than one hour, even by unanimous 
  consent. 91-1, June 11, 1969, p 15440. See also Sec. 48, infra.
      The practice under the hour rule often serves to limit the total 
  debate time on the measure itself to one hour. This is because, at the 
  conclusion of the controlling Member's hour, ordering the previous 
  question cuts off further debate. Manual Sec. 804.
      If the Member controlling the hour successfully moves the previous 
  question, all debate is terminated and the measure is voted on by the 
  House. If the House rejects the previous question, the measure is then 
  open to further debate. Recognition passes to an opponent of the 
  measure, who may offer an amendment and be recognized for one hour. 
  See Previous Question.
      The hour rule is one of general applicability; it does not govern 
  total debate time when the House has agreed to a different time frame 
  pursuant to the adoption of a unanimous-consent agreement or a special 
  rule from the Committee on Rules, nor is it applicable where another 
  rule of the House specifies otherwise. The hour rule applies:

     Where a Member rises to a question of the privileges of the 
         House and presents a resolution. 90-2, June 20, 1968, pp 17970-
         72, 17977.
     To a resolution reported from the Committee on Rules. 88-1, 
         May 14, 1963, pp 8512, 8518-20; 92-2, June 21, 1972, p 21694.
     To a privileged resolution reported from committee. 88-1, Feb. 
         27, 1963, p 3051.
     To a Member recognized to call up a resolution of inquiry. 82-
         2, Feb. 20, 1952, pp 1205-07, 1215, 1216; 89-1, Sept. 16, 1965, 
         pp 24030, 24033, 24034.
     To a Member recognized to present impeachment charges. 74-2, 
         Jan. 14, 1936, pp 404, 406.
     When a District of Columbia bill on the House Calendar is 
         called up on District Day under clause 8 Rule XXIV. 87-1, June 
         12, 1961, p 10068.
     When a private bill is called up in the House by unanimous 
         consent. 88-1, Mar. 12, 1963, p 3993.
     Where a measure not requiring consideration in Committee of 
         the Whole is before the House pursuant to a motion to 
         discharge. 92-1, Nov. 8, 1971, pp 39889, 39892.

[[Page 402]]

     To a motion to refer a vetoed bill. 76-3, Oct. 10, 1940, pp 
         13522-24.
     To the question of passage of a bill over Presidential veto. 
         91-2, Jan. 22, 1970, p 750; 91-2, June 25, 1970, pp 21532-53.
     To a motion to reconsider (if debatable). 89-1, Sept. 13, 
         1965, p 23608; Manual Sec. 819.
     To a motion to discharge a committee from further 
         consideration of a resolution disapproving a reorganization 
         plan. 87-1, Aug. 3, 1961, p 14548.
     To a motion to expunge from the Record certain remarks used in 
         debate and ruled out of order. 77-1, Feb. 11, 1941, pp 894, 
         895, 899; 80-1, June 12, 1947, pp 6895, 6896.
     To a Member recognized on a motion to send a bill to 
         conference under Rule XX clause 1. 91-2, Mar. 3, 1970, pp 5722, 
         5723.
     To a motion to instruct House managers at a conference. 79-2, 
         May 9, 1946, p 4750; 87-1, Aug. 8, 1961, p 14947.
     Where a Member is recognized to call up a conference report. 
         86-1, June 23, 1959, p 11599.
     To Senate amendments considered in the House. 86-2, Aug. 30, 
         1960, pp 18357, 18358.
     On a bill called up on the Corrections Calendar. Manual 
         Sec. 745a.

      The hour rule applies even prior to the adoption of the rules at 
  the inception of a Congress. Thus, a Member offering a resolution on 
  the seating of a Member-elect is entitled to one hour of debate. 90-1, 
  Jan. 10, 1967, p 14.


  Sec. 46 . Ten-minute, Twenty-minute, and Forty-minute Debate

      The House rules specify fixed periods of debate time, equally 
  divided between the proponents and opponents, on certain motions and 
  questions.

                             Ten-minute Debate

      The House rules permit 10 minutes of debate time, equally divided, 
  on:

     Amendments offered after closing of general debate in 
         Committee of the Whole. Manual Sec. 870.
     Amendments offered after the closing of five-minute debate by 
         the Committee of the Whole if printed as required in the Record 
         and if they are not dilatory. Rule XXIII clause 6. Manual 
         Sec. 874.
     Motions to recommit with instructions a bill or joint 
         resolution under Rule XVI clause 4, with the time subject to 
         extension under some circumstances. Manual Sec. 782.
     Motions to dispense with the call of the Private Calendar. 
         Rule XXIV clause 6. Manual Sec. 893.
     Motions to dispense with Calendar Wednesday business. Rule 
         XXIV clause 7. Manual Sec. 897.

[[Page 403]]

                           Twenty-minute Debate

      The House rules permit 20 minutes of debate time on motions to 
  discharge a committee, the time to be equally divided. Rule XXVII 
  clause 3. Manual Sec. 908. The right to close such debate is reserved 
  to the proponents of the motion (7 Cannon Sec. 1010a); and the 
  chairman of the committee being discharged, if opposed to the motion, 
  has been recognized to control the 10 minutes in opposition. 91-2, 
  Aug. 10, 1970, p 27999. (If the motion to discharge is successful, and 
  the measure is properly before the House rather than the Committee of 
  the Whole, the Member moving its consideration is recognized in the 
  House under the hour rule. Manual Sec. 908.)
      Twenty minutes of debate is also permitted where a point of order 
  is raised against a federal mandate under Sec. 425 of Part B, Title 
  IV, of the Congressional Budget Act (Manual Sec. 1007) as passed in 
  1995. Points of order under that Act are disposed of by putting the 
  question of consideration, debatable for 20 minutes--10 by the Member 
  making the point of order, 10 by a Member in opposition.

                            Forty-minute Debate

      The House rules permit 40 minutes of debate time:

     On motions to suspend the rules, the time to be divided 
         between proponents and opponents. Rule XXVII clause 3. Manual 
         Sec. 907.
     Following the ordering of the previous question on a debatable 
         proposition on which there has been no debate. Rule XXVII 
         clause 3. Manual Sec. 907; 5 Hinds Sec. 6821.
     On motions to reject certain portions of conference reports or 
         Senate amendments objected to as nongermane. Rule XXVIII clause 
         4. Manual Sec. 913b.

      Other articles in this work dealing with specific motions and 
  questions should be consulted. See for example, Previous Question; 
  Conferences Between the Houses; Suspension of Rules.


  Sec. 47 . Debate in the House as in Committee of the Whole

      Debate on a bill being considered in the House as in Committee of 
  the Whole is under the five-minute rule, with no general debate. 89-2, 
  Sept. 28, 1966, p 24080; 90-1, June 26, 1967, pp 17183-86; 90-1, Sept. 
  27, 1967, pp 26957 et seq. Five minutes in favor of and five in 
  opposition to an amendment is permitted. 90-1, Dec. 14, 1967, pp 
  36535-37. Members may also gain five minutes of debate by offering pro 
  forma amendments (95-1, Nov. 2, 1977, p 36513) and motions to strike 
  the enacting clause (74-2, Mar. 17, 1936, p 3894).

[[Page 404]]

      Extensions of time for debate beyond five minutes are generally 
  permitted only by unanimous consent. 91-1, July 28, 1969, p 20850. 
  However, a Member may speak in opposition to a pending amendment and 
  subsequently offer a pro forma amendment and debate that; and a Member 
  who has debated a substantive amendment may thereafter rise in 
  opposition to a pro forma amendment thereto. Sec. 54, infra.
      Private Calendar debate in the House as in Committee of the Whole 
  is strictly limited to five minutes in favor of and five in opposition 
  to an amendment; extensions of time under the five-minute rule are not 
  permitted. 90-1, Dec. 14, 1967, pp 36535-37.


  Sec. 48 . Limiting or Extending Debate Time

                                 Generally

      The House may by unanimous consent or by special rule limit or 
  extend the time for debate on propositions considered in the House. 
  But a motion to extend the time for debate in the House is not in 
  order. 92-2, June 13, 1972, pp 20678, 20681.

                              By Special Rule

      A special rule from the Committee on Rules may limit the debate 
  time that may be devoted to a proposition to be considered in the 
  House. It may specify, for example, that general debate shall not 
  exceed a certain number of hours or days. 73-1, May 2, 1933, p 2693; 
  93-2, Dec. 19, 1974, p 41419. Similarly, though conference reports are 
  ordinarily considered under the hour rule, a special rule may provide 
  for more extended debate. 94-1, Mar. 26, 1974, p 8916.

                           By Unanimous Consent

      Debate time in the House under the hour rule may be modified by 
  unanimous consent. 99-1, Oct. 11, 1985, p 27361. In one instance, by 
  unanimous consent, debate on a resolution declaring a seat vacant in 
  the House was extended to two hours. 99-1, Apr. 30, 1985, p 9801. In 
  another instance, time for debate on three contempt citations was, by 
  unanimous consent, fixed at three hours--two hours on the first 
  citation and one-half hour on each of the remaining two. 86-2, Aug. 
  23, 1960, p 17278.
      Debate on a privileged resolution in the House is ordinarily under 
  the hour rule, but such debate may be extended beyond one hour by 
  unanimous consent or by rejecting the motion for the previous 
  question. Sec. 49, infra. Thus, the House may agree to a unanimous-
  consent request to extend the time for the debate in the House on a 
  special rule reported from the Com-

[[Page 405]]

  mittee on Rules. 95-1, July 14, 1977, p 22942; 95-1, July 29, 1977, p 
  25654.
      Unanimous-consent agreements extending time may further provide 
  for a division of time between various Members. However, a Member may 
  not address the House for more than one hour on any subject, even by 
  unanimous consent. 91-1, June 11, 1969, p 15440; 94-2, Mar. 9, 1976, p 
  5906.

                   Effect of Statutory Time Limitations

      Debate time on certain kinds of legislative propositions is 
  limited by statute. Examples of such laws are:

     Congressional Budget Act of 1974 (limits debate on concurrent 
         resolutions on the budget to 10 hours; specifies four hours for 
         debate on economic goals and policies; amendments considered 
         under five-minute rule). Sec. 305(a).
     Impoundment Control Act of 1974 (limits debate on rescission 
         bill or impoundment resolution to not more than two hours). 
         Sec. 1017(c).
     Trade Act of 1974 (limits debate on implementing bills and 
         certain resolutions to 20 hours). 19 USC Sec. 2101.
     Pension Reform Act (limits debate on joint resolutions 
         approving certain schedules to not more than 10 hours). 
         Sec. 4006(b)(6). 29 USC Sec. 1306(b).
     Marine Fisheries Conservation Act (limits debate on fishery 
         agreement resolutions to not more than 10 hours). 
         Sec. 203(d)(4). 16 USC Sec. 1823(d).
     Nuclear Waste Policy Act of 1982 (limits debate on certain 
         resolutions of approval to not more than two hours). 
         Sec. 115(e)(4). 42 USC Sec. 10135(e).

      Such statutory provisions (compiled in Manual Sec. 1013) are 
  enacted as an exercise of the rule-making power of both Houses, with 
  full recognition of either House to change them at any time. In one 
  instance, the Committee of the Whole was considering a resolution 
  disapproving a reorganization plan pursuant to the Reorganization Act 
  of 1949, which limited debate time to 10 hours; the House agreed by 
  unanimous consent to limit debate in the Committee to five hours, and 
  then subsequently consented to limit further debate to 30 minutes. 87-
  1, July 19, 1961, pp 12905, 12932.


  Sec. 49 . Closing Debate

      The usual motion for closing debate in the House (as distinguished 
  from the Committee of the Whole) is the motion for the previous 
  question. 5 Hinds Sec. 5456; 8 Cannon Sec. 2662; Manual Sec. 805. This 
  motion is also used to close debate in the House as in Committee of 
  the Whole. 91-1, July 28, 1969, p 20855. Under the rule authorizing 
  this motion (Rule XVII), the Member controlling debate on a 
  proposition in the House may move the previous question and (if 
  ordered by the House) thereby terminate further

[[Page 406]]

  debate. 89-1, Jan. 4, 1965, p 20. However, the House may by unanimous 
  consent vacate the ordering of the previous question in order to 
  extend debate. 86-2, Aug. 26, 1960, p 17869. If the motion is ordered 
  on a debatable proposition, and that proposition has not in fact been 
  debated, then (under another House rule) 40 minutes of debate is 
  permitted. Rule XXVII clause 2. Manual Sec. 907. See 5 Hinds 
  Sec. 6821; 8 Cannon Sec. 2689.
      Other methods of terminating or precluding debate in the House 
  include the use of the motion to lay on the table and the raising of 
  the question of consideration. For comprehensive discussion, see 
  Previous Question, Lay on the Table, and Question of Consideration.


  Sec. 50 . One-minute and Special-order Speeches; Morning Hour Debates

                                 Generally

      The ability of Members to address matters not on the daily 
  legislative agenda is facilitated by allowing ``one-minute speeches'' 
  and special-order speeches.'' Neither procedure is specifically 
  provided for in the standing rules, but their use is permitted by a 
  long-standing custom regarded as beneficial to the democratic 
  processes of the House. 90-2, July 22, 1968, p 22633.

                            One-minute Speeches

      One-minute speeches are normally entertained at the beginning of 
  the legislative day, although in recent practice the Speaker may 
  recognize Members to proceed for one minute after legislative business 
  has been completed. 103-2, Feb. 11, 1994, p ____. Recognition for one-
  minute speeches is within the discretion of the Chair, and he may 
  decline recognition until a later time or place in the legislative day 
  (e.g., to follow a scheduled recess). 98-2, May 16, 1984, p 12483. 
  Indeed, when the House has a heavy legislative schedule, he sometimes 
  refuses all requests to recognize Members for a one-minute speech. 90-
  2, July 22, 1968, p 22633; 91-2, June 17, 1970, p 20245.
      The evaluation of the time consumed on a one-minute speech is a 
  matter for the Chair and is not subject to challenge on a point of 
  order. 92-2, May 9, 1972, p 16288. He has refused to put to the House 
  unanimous-consent requests for extensions of that time. 92-1, May 6, 
  1971, p 13724. Moreover, under the Speaker's power of recognition as 
  traditionally exercised prior to legislative business, a Member can be 
  recognized for a one-minute speech only once, and a second unanimous-
  consent request on that day will not be entertained. 99-1, May 1, 
  1985, p 9995.

[[Page 407]]

      The order of recognition for one-minute speeches prior to 
  legislative business is within the discretion of the Chair and is not 
  subject to challenge on a point of order. 98-1, Nov. 15, 1983, pp 
  32657, 32658. However, the Chair endeavors to recognize majority and 
  then minority members by allocating time in a nonpartisan manner. 97-
  2, Aug. 4, 1982, p 19319. In 1984, the Speaker began a new policy 
  requiring the alternation of recognition between majority and minority 
  members in the order in which they seek recognition. 98-2, Aug. 8, 
  1984, p 22963; 99-1, Jan. 3, 1985, p 420; 103-1, Jan. 5, 1993, p ____.

                           Morning Hour Debates

      Morning hour debates were first initiated on a trial basis in the 
  103d Congress. The House by unanimous consent agreed that on certain 
  days of the week, the House would convene earlier than the time 
  otherwise established by order of the House solely for the purpose of 
  conducting morning hour debates to be followed by a recess declared by 
  the Speaker. Debate was limited and allocated to each party, with 
  initial and subsequent recognition alternating daily between parties 
  pursuant to lists submitted by the leadership. Manual Sec. 753b.

                          Special-order Speeches

      The Chair normally recognizes Members for special orders to 
  address the House at the conclusion of business of the day. The 
  Speaker may reserve the right to return to business. Deschler-Brown 
  Procedure Ch 21 Secs. 8.6, 8.7. No Member may be recognized beyond one 
  hour, even by unanimous consent, since under clause 2 Rule XIV a 
  Member may not be recognized for more than one hour of debate on any 
  question. Manual Sec. 758. Furthermore, a Member may not be recognized 
  for two special-order speeches on the same legislative day, even 
  though special orders have been interrupted by legislative business. 
  Deschler-Brown Procedure, Ch 21 Sec. 8.1.
      Since the 98th Congress the Speaker has followed announced 
  policies of (1) alternating recognition for special-order speeches 
  between majority and minority members and (2) recognizing for special-
  order speeches of five minutes or less before longer speeches. Manual 
  Sec. 753a. Since Feb. 24, 1994, the Speaker's announced policies for 
  recognition for special-order speeches has been as follows: (1) 
  recognition does not extend beyond midnight; (2) recognition for 
  longer speeches is limited (except on Tuesday) to four hours equally 
  divided between the majority and minority; (3) the first hour for each 
  party is reserved to its respective Leader or his designees; (4) time 
  within each party is allotted in accord with a list submitted to the 
  Chair by the respective Leader; (5) the first recognition within a 
  category alternates

[[Page 408]]

  between the parties from day to day, regardless of when requests were 
  granted; (6) Members may not enter requests for five-minute special 
  orders earlier than one week in advance; and (7) the respective 
  Leaders may establish additional guidelines for entering requests. 
  Manual Sec. 753a.

                           Oxford-style Debates

      In the 103d Congress the House experimented with a number of so-
  called Oxford-style debates in lieu of conventional special orders. 
  Such debates, derived from the British format, involve two teams of 
  debaters--four members from each party--who then argue a single 
  question. A moderator is chosen to regulate the debate, which lasts 
  for 90 minutes. The debate is highly structured, with time controlled 
  and allotted for each participant. Manual Sec. 753c.


              G. Duration of Debate in Committee of the Whole


  Sec. 51 . In General; Effect of Special Rules

      At one time, there was no limit on the time which a Member might 
  occupy in debate in the Committee of the Whole when once in possession 
  of the floor. A Member might speak an unlimited time, whether in 
  general debate or on an amendment. 5 Hinds Sec. 5221. Today, when the 
  House resolves into the Committee of the Whole without fixing the time 
  for general debate each Member recognized has one hour (Sec. 52, 
  infra). And when general debate is closed in the Committee of the 
  Whole, any Member is allowed five minutes' debate on an amendment he 
  offers, after which the Member who first obtains the floor has five 
  minutes in opposition. Rule XXIII clause 5. Manual Sec. 870. These 
  time limitations do not apply, of course, where the measure is called 
  up pursuant to a special rule or resolution which requires that a 
  different period of time be devoted to debate. 90-2, Apr. 3, 1968, p 
  8776.
      The Chairman of the Committee of the Whole monitors the time used 
  by each Member for debate and announces the expiration thereof.


  Sec. 52 . General Debate

      The duration and allocation of time for general debate in 
  Committee of the Whole is controlled by the House, not the Committee. 
  91-2, Dec. 17, 1970, p 42222. Such control may be exercised through 
  the adoption of unanimous-consent agreements (90-2, June 27, 1968, p 
  19105) or the adoption of a special rule from the Committee on Rules 
  (89-2, Sept. 26, 1966, pp 23785, 23946). The Committee of the Whole 
  may not, even by unani-

[[Page 409]]

  mous consent, extend the general debate time fixed by the House. 96-2, 
  Feb. 22, 1980, p 3564.
      If the House does not limit the time for general debate in 
  Committee, debate in the Committee of the Whole is under the hour 
  rule. 91-1, July 28, 1969, p 20850. And a Member having control of 
  such time may not consume more than one hour. 87-2, Mar. 6, 1962, pp 
  3484, 3489; 91-1, July 29, 1969, pp 21174-78.
      Frequently, the House order limiting general debate time in the 
  Committee will also divide the control of the time between certain 
  Members, such as the chairman of the reporting committee and its 
  ranking minority member. While under the special rule a Member may 
  have control of more than one hour of general debate on a bill in 
  Committee of the Whole, he may not, under the general rules of the 
  House, yield himself more than one hour for debate. 92-1, June 21, 
  1971, p 21096. Nor is it in order for a Member to whom time has been 
  yielded to ask unanimous consent for additional time, for time is 
  controlled by those to whom it is allotted by the House and is not 
  subject to extension by the Committee. 91-2, Dec. 17, 1970, p 42222.
      The Committee of the Whole may not, even by unanimous consent, 
  change the control of general debate to Members other than those 
  specified by the House. 99-2, Oct. 9, 1986, p 29984. However, in one 
  instance, general debate which had been allocated only to the primary 
  committee pursuant to a special rule was reallocated by unanimous 
  consent to the chairmen and ranking minority members of three 
  committees to which the bill had been sequentially referred. 99-1, 
  Nov. 5, 1985, p 30462.

                  Effect of Absence of Members in Control

      Where no member of the reporting committee is present at the 
  appropriate time during general debate in the Committee of the Whole, 
  the Chair may presume the time to have been yielded back. 98-2, June 
  11, 1984, p 15744. And where a committee that controls a portion of 
  general debate time is not present on the floor at the appropriate 
  time to use that time for debate and has indicated to the Chair that 
  it does not wish to reserve time, the Chair may consider that time for 
  general debate to have been yielded back. 99-1, Sept. 20, 1985, p 
  24565.


  Sec. 53 . Limiting or Closing General Debate

                     By Unanimous Consent in the House

      Pending a motion to resolve into the Committee of the Whole, the 
  House may by unanimous consent limit general debate to a time certain 
  and

[[Page 410]]

  provide that at the conclusion of general debate the Committee shall 
  rise. 88-1, Apr. 9, 1963, pp 6044, 6073. If objection is raised to the 
  unanimous-consent request, the Speaker puts the question on the 
  initial motion to go into the Committee of the Whole. 88-2, Aug. 11, 
  1964, p 18949.

                          By Motion in the House

      After general debate has begun in the Committee and the Committee 
  rises, a motion in the House to close or limit further general debate 
  is in order. 5 Hinds Secs. 5204-5206; Manual Sec. 871. The motion is 
  not in order until after debate in the Committee has begun (5 Hinds 
  Sec. 5204) and is made in the House pending the motion that the House 
  resolve itself into Committee for further consideration of the bill, 
  and not after the House has voted to go into Committee. 5 Hinds 
  Sec. 5208. The motion may not apply to a series of bills (5 Hinds 
  Sec. 5209) and the motion must apply to the whole and not to a part of 
  a bill (5 Hinds Sec. 5207). The motion may not be made in Committee of 
  the Whole. 5 Hinds Sec. 5217; 8 Cannon Sec. 2548.

                   By Unanimous Consent in the Committee

      While the motion to close general debate is not in order in the 
  Committee of the Whole, the Committee may, in the absence of an order 
  of the House, close debate by unanimous consent. 8 Cannon Secs. 2553, 
  2554.
      Although a bill is being considered in the Committee under a 
  special rule specifying the time for general debate, the managers of 
  the bill need not use all of the prescribed time. Under the modern 
  practice, the Members in control of the time are permitted to yield it 
  back and thereby shorten general debate in the Committee. 96-1, May 4, 
  1979, p 9918.


  Sec. 54 . Five-minute Debate

                                 Generally

      When general debate is closed in the Committee of the Whole, 
  debate on amendments proceeds under the so-called five-minute rule. 
  Clause 5 Rule XXIII. It provides:

      When general debate is closed by order of the House, any Member 
    shall be allowed five minutes to explain any amendment he may offer, 
    after which the Member who shall first obtain the floor shall be 
    allowed to speak five minutes in opposition to it, and 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. . . . Manual Sec. 870.

      Under this rule, the proponent of an amendment is entitled to five 
  minutes of debate in favor of the amendment before a perfecting 
  amendment

[[Page 411]]

  may be offered thereto. 98-2, May 31, 1984, p 14648. If, after a 
  speech in favor of an amendment, no one claims the floor in 
  opposition, the Chairman may recognize another Member favoring the 
  amendment. 8 Cannon Sec. 2557.

                          Speaking More Than Once

      Generally, a Member may speak only once for five minutes on a 
  pending amendment, although a point of order under this rule comes too 
  late after that Member has been recognized and has begun to speak. 92-
  1, June 9, 1971, p 18988. Even when the Committee resumes 
  consideration of an amendment which has been debated by its proponent 
  on a prior day, the proponent may speak again for five minutes on his 
  amendment only by unanimous consent. 96-1, Dec. 12, 1979, p 35529. And 
  a Member recognized for five minutes on an amendment may not extend 
  his time by offering another amendment. 8 Cannon Secs. 2560, 2562. But 
  a Member who has offered an amendment and spoken thereon is not 
  precluded from seeking recognition to speak to a proposed amendment to 
  his amendment. 90-1, Nov. 15, 1967, p 32644. And where there is 
  pending an amendment and a substitute therefor, the Member offering 
  the substitute may debate it for five minutes and subsequently be 
  recognized to speak for or against the original amendment. Moreover, 
  if debate on the pending amendment is limited, the five-minute rule is 
  abrogated and Members who have already spoken on an amendment may be 
  recognized again under the limitation. 91-2, July 28, 1970, p 26027.

              Precluding Amendments; Effect of Special Rules

      The House, and not the Committee of the Whole, controls the extent 
  to which the offering of amendments may be precluded under the five-
  minute rule. The Committee cannot, even by unanimous consent, prohibit 
  the offering of amendments otherwise in order under the rule. 98-2, 
  July 31, 1984, p 21702.
      A special rule adopted by the House for the consideration of a 
  bill may preclude the offering of amendments under the five-minute 
  rule. For example, if a special rule permits only designated 
  amendments and prohibits amendments to amendments--only two five-
  minute speeches are in order on each designated amendment, one speech 
  in support and one in opposition. 86-2, May 18, 1960, p 10576; 87-2, 
  Oct. 5, 1962, p 22636; 89-1, Mar. 16, 1965, p 5099. A Member may 
  obtain additional debate time only by unanimous consent. 96-1, Sept. 
  6, 1979, pp 23394, 23401. Since only the two five-minute speeches are 
  in order, pro forma amendments are not permitted, and a third Member 
  may be recognized only by unanimous consent.

[[Page 412]]

  95-1, Mar. 8, 1977, p 6632. A third Member is not entitled to 
  recognition notwithstanding the fact that the second Member, 
  recognized in opposition, actually spoke in favor of the amendment. 
  86-2, May 18, 1960, p 10579.

                               Yielding Time

      A Member recognized under the five-minute rule may not yield his 
  time to another Member. 5 Hinds Secs. 5035-5037; 100-1, May 8, 1987, p 
  11832; Manual Sec. 872. He may yield a portion of his time while 
  remaining on his feet. But he may not yield to another to offer an 
  amendment. 98-2, May 31, 1984, p 14648. If a Member resumes his seat 
  before expiration of the five minutes another may not be recognized 
  for the remainder of that time. 8 Cannon Sec. 2571.
      A Member may yield during debate under the five-minute rule while 
  remaining standing to permit another Member to question him or make a 
  comment, or to make a unanimous-consent request. But the time consumed 
  thereby comes out of that of the Member holding the floor. 90-2, June 
  11, 1968, p 16699. Time consumed in yielding for a parliamentary 
  inquiry is also charged against the five minutes. 88-1, Feb. 7, 1963, 
  pp 2462, 2488.

                          Motions to Extend Time

      A motion to extend debate under the five-minute rule is not in 
  order in the Committee of the Whole. 86-1, June 18, 1959, p 11302. A 
  Member recognized under the five-minute rule may extend his debate 
  time only by unanimous consent (see Sec. 57, infra), and a motion to 
  that effect is not in order. 94-2, Apr. 28, 1976, p 11622.

                           Pro Forma Amendments

      The pro forma amendment--to ``strike the last word''--is used 
  under the five-minute rule only for purposes of debate or explanation, 
  the proponent having no intent to offer a substantive amendment. A 
  Member recognized to speak in favor of or in opposition to a pending 
  amendment may later offer a pro forma amendment and thereby be 
  entitled to a second five minutes for debate. See 91-2, July 28, 1970, 
  p 26027. And a Member who has debated a substantive amendment may 
  later rise in opposition to a pro forma amendment thereto. See 82-1, 
  July 20, 1951, p 8566. But a Member who has been recognized for five 
  minutes on a pro forma amendment cannot thereafter extend his time by 
  offering a second pro forma amendment. 89-1, Mar. 25, 1965, p 6002. 
  And a Member who has consumed five minutes in support of an amendment 
  which he has offered cannot, except by unanimous consent, obtain 
  additional time by offering a pro forma amend-

[[Page 413]]

  ment to his own amendment. 89-2, Aug. 17, 1966, p 19664; 93-2, June 
  21, 1974, p 20601.

                   Motions to Strike the Enacting Clause

      The preferential motion to rise and report back to the House with 
  the recommendation that the enacting clause be stricken is sometimes 
  utilized to gain an additional five minutes for debate in the 
  Committee of the Whole. Rule XXIII clause 7. Manual Sec. 875. Debate 
  on the preferential motion is limited to two five-minute speeches, and 
  the Chair declines to recognize for requests for extensions of that 
  time. 87-1, Sept. 19, 1961, p 20298. Only two five-minute speeches are 
  permitted notwithstanding the fact that the second Member, recognized 
  in opposition to the motion, spoke in favor thereof. 86-2, Mar. 18, 
  1960, p 6026. Debate time may not be reserved. 102-1, May 22, 1991, p 
  ____.
      Members of the committee managing the bill have priority in 
  recognition for debate in opposition to the motion. 100-2, May 5, 
  1988, p 9955; 102-1, June 26, 1991, p ____.
      If the House acts to strike the enacting clause as recommended by 
  the Committee, the bill is considered rejected. Manual Sec. 875; 5 
  Hinds Sec. 5326. Generally, see Committees of the Whole.


  Sec. 55 . -- Limiting or Extending Five-minute Debate-- By House 
            Action

                           By Unanimous Consent

      The House, by unanimous consent, may agree to limit or extend 
  debate under the five-minute rule in the Committee of the Whole, 
  whether or not that debate has commenced. The House may by unanimous 
  consent agree to an extension of time for such debate even after the 
  Committee has previously agreed to terminate debate at an earlier 
  time. 87-1, May 11, 1961, p 7869; 99-1, June 12, 1985, p 15379.

                                 By Motion

      A timely motion to limit debate on a matter pending in the 
  Committee of the Whole under the five-minute rule has been held to lie 
  in the House as well as in the Committee once that debate has begun. 
  In an early decision Speaker Crisp held that the Committee did not 
  have the exclusive right to limit debate on matters pending before it, 
  and that a motion to limit debate on a section of a bill pending in 
  Committee would lie in the House. 5 Hinds Sec. 5229.

[[Page 414]]

  Sec. 56 . -- By Motion in the Committee of the Whole

                         Generally; When in Order

      A motion in the Committee of the Whole to limit or close five-
  minute debate is permitted by House rule. Rule XXIII clause 6 (Manual 
  Sec. 874). The motion may propose to close debate instanter or at the 
  expiration of a designated time. 8 Cannon Sec. 2572. As noted above, a 
  motion to extend five-minute debate is not in order in the Committee. 
  Sec. 54, supra.
      Until a bill has been read for amendment in full or its reading 
  dispensed with by unanimous consent, a motion to close or limit debate 
  on the bill is not in order. 89-1, July 22, 1965, p 17932; 94-1, June 
  4, 1975, p 16895; 96-1, June 27, 1979, pp 17013, 17014. Until the last 
  section of a bill being read by sections has been read, a motion to 
  close debate on the entire bill is not in order. 89-1, Mar. 26, 1965, 
  p 6104. Likewise, a motion to close debate on a section of a bill not 
  yet reached in the reading of the bill for amendment is not in order. 
  91-1, July 31, 1969, p 21676. Similarly, when a bill is being read by 
  titles, debate under the five-minute rule on titles that have not been 
  read may not be closed except by unanimous consent. 88-2, Feb. 8, 
  1964, p 2614.
      A motion to limit or close debate under the five-minute rule is 
  not in order until debate has begun. 5 Hinds Sec. 5225. Thus, a motion 
  to close debate on a section of a bill or on an amendment is not in 
  order until there has been some debate thereon. 89-1, Mar. 26, 1965, 
  pp 6097, 6104; 90-1, Nov. 14, 1967, p 32349. However, the motion to 
  close debate has been held in order after only one speech, even though 
  brief (5 Hinds Sec. 5226), and although the Member making the speech, 
  after gaining recognition to strike out the last word, obtained 
  consent to speak out of order. 89-1, Mar. 26, 1965, pp 6098, 6104.
      After debate has begun, a motion in the Committee to close debate 
  under the five-minute rule is privileged. 89-1, Mar. 26, 1965, pp 
  6098, 6104. The motion cannot deprive another Member of the floor (88-
  2, Mar. 12, 1964, p 5118), but once pending the motion must be 
  disposed of prior to further recognition by the Chair (87-2, June 5, 
  1962, p 9713).
      While it is customary for the Chair to recognize the manager of 
  the pending bill to offer motions to limit debate, any Member may, 
  pursuant to Rule XXIII clause 6, move to limit debate at the 
  appropriate time in Committee of the Whole. 94-1, July 31, 1975, p 
  26223. But the Member managing the bill is entitled to prior 
  recognition to move to close debate on a pending amendment (after the 
  proponent has had his time) over other Members. 91-2, Nov. 25, 1970, p 
  38990; 95-1, June 22, 1977, p 20288.

[[Page 415]]

      It is in order in the Committee of the Whole to move to limit or 
  close debate under the five-minute rule with respect to:

     The portion of the text which is pending. 88-2, Feb. 8, 1964, 
         p 2614; 91-2, June 18, 1970, p 20469.
     An amendment and all amendments thereto pending in the 
         Committee. 98-2, July 26, 1984, pp 21249, 21250.
     All amendments to the bill (after the bill has been read) and 
         all amendments thereto (except on a specified amendment). 98-1, 
         July 26, 1983, pp 20943, 20944.
     A pending committee amendment in the nature of a substitute 
         and all amendments thereto. 98-1, Mar. 16, 1983, pp 5794-96.
     A pending section and all amendments thereto. 99-1, Oct. 3, 
         1985, p 25986.

      A proposition to control or divide the time is not in order as a 
  part of a motion to limit debate under the five-minute rule. 8 Cannon 
  Sec. 2570. Clause 6 of Rule XXIII permits the Committee of the Whole 
  by motion to limit debate on the pending portion of a bill (and on all 
  amendments thereto) or just on a pending amendment (and all amendments 
  thereto), but does not permit a motion to limit and allocate separate 
  time for debate on perfecting amendments not yet offered; the 
  Committee may, by subsequent unanimous consent or motions, separately 
  limit and allocate debate on each perfecting amendment after it has 
  been offered. 98-1, Mar. 16, 1983, pp 5794-96.
      A motion to limit debate on an amendment and all amendments 
  thereto (but not on the pending section) does not affect debate under 
  the five-minute rule on another amendment subsequently offered to the 
  same section of the bill. 95-1, June 22, 1977, p 20290. Likewise, 
  where a time limitation is imposed on an amendment but not on the 
  original text, debate on perfecting amendments to the original text 
  proceeds under the five-minute rule absent another time limitation 
  thereon. 98-1, Apr. 13, 1983, pp 8402-04. However, a limitation of 
  debate under the five-minute rule on a pending amendment and all 
  amendments thereto applies to debate on any substitute for the 
  amendment that might subsequently be offered. 98-1, Apr. 21, 1983, p 
  9341.
      A limitation on debate on a section of a bill and amendments 
  thereto does not affect debate on an amendment adding a new section to 
  the bill. 96-1, Aug. 1, 1979, pp 21963, 21964, 21969. The Chair may 
  decline to recognize a Member to offer such an amendment until 
  perfecting amendments to the pending section have been disposed of 
  under the limitation. 96-1, June 26, 1979, pp 16679, 16680.

[[Page 416]]

              Consideration of Motion; Debate and Amendments

      A motion to limit debate under the five-minute rule must be 
  reduced to writing if demanded by any Member. 93-1, Dec. 14, 1973, pp 
  41712, 41713. The motion is not debatable. 93-1, Dec. 14, 1973, pp 
  41712, 41713; 94-1, Apr. 23, 1975, p 11534; 95-1, May 18, 1977, p 
  15418. While not debatable, the motion is subject to amendment. 5 
  Hinds Sec. 5227; 8 Cannon Sec. 2578.
      An agreement in the Committee to a motion to limit debate is not 
  subject to a motion to reconsider. 90-1, May 24, 1967, p 13824. 
  However, the Committee may by unanimous consent rescind such an 
  agreement. 89-2, Aug. 5, 1966, p 18416; 93-1, Dec. 14, 1973, p 41731.


  Sec. 57 . -- By Unanimous Consent in the Committee of the Whole

                                 Generally

      Debate under the five-minute rule in the Committee of the Whole 
  may be closed or limited by the Committee by unanimous consent, even 
  on portions of the bill not yet read. 87-1, May 10, 1961, p 7225; 88-
  2, Feb. 8, 1964, p 2614; 98-1, Mar. 16, 1983, pp 5794-96. An extension 
  of the time which has been fixed for five-minute debate is likewise 
  permitted by unanimous consent unless barred by special rule from the 
  Committee on Rules. 86-2, June 23, 1960, pp 14055-58; 90-1, Nov. 15, 
  1967, pp 32691-94; 95-1, Oct. 20, 1977, p 34714. The Committee of the 
  Whole can change procedures set by a special order only by unanimous 
  consent and only where congruent with the terms of the special order. 
  See Manual Sec. 877a.
      In limiting debate by unanimous consent under the five-minute 
  rule, the Committee may specify an appropriate time frame and also 
  include provisions as to the control of the time. The Committee may, 
  by unanimous consent, limit debate to a certain number of hours of 
  debate, equally divided and controlled. 99-1, Oct. 3, 1985, pp 25897, 
  25947. Or the Committee may by unanimous consent limit debate to a 
  time certain, to be equally divided and controlled. 99-2, July 31, 
  1986, pp 18357, 18358. The Committee has limited debate to:

     Fifteen minutes on each amendment that might be offered. 89-2, 
         Oct. 14, 1966, p 26968.
     Twenty minutes on a side, time on each side to be controlled 
         by the majority and minority members in charge of the bill. 89-
         2, May 10, 1966, p 10232.
     Thirty minutes on a pending motion to strike, the time to be 
         controlled equally by the managers of the bill. 89-2, Aug. 4, 
         1966, p 18207.

[[Page 417]]

     One hour, the time to be divided between the majority and 
         minority sides and controlled by the subcommittee chairman 
         handling the bill and the proponent of the amendment. 89-2, May 
         26, 1966, p 11608.
     Two hours, controlled by the chairman and ranking member of 
         the reporting committee. 89-1, July 8, 1965, pp 16036-38.

                 Rescission or Modification of Limitation

      A time limitation on debate imposed by the Committee of the Whole 
  may be rescinded or modified by the Committee by unanimous consent 
  (but not by motion). 94-1, Sept. 17, 1975, p 28904; 95-1, Mar. 3, 
  1977, p 6193. The Committee having limited debate, the Chair declines 
  to recognize for a motion to extend the time, but a unanimous-consent 
  request to extend or allot the time may be entertained. 90-2, June 11, 
  1968, p 16699. The Committee may by unanimous consent permit 
  additional debate on an amendment prior to its being offered 
  notwithstanding a previous limitation on debate under the five-minute 
  rule on all amendments to the bill. 98-1, Oct. 4, 1983, pp 27099, 
  27102.


  Sec. 58 . Motions Allocating or Reserving Time

      A motion to limit debate under the five-minute rule on a pending 
  amendment in the Committee of the Whole is not in order if it includes 
  a provision for allocation or division of time between two or more 
  Members; debate time can be allocated between Members only by 
  unanimous consent. 98-2, Aug. 2, 1984, pp 22180, 22181. Thus, the 
  Committee may, during the reading of a bill under the five-minute 
  rule, limit debate by unanimous consent and include in the request a 
  reservation of the last portion of time to the committee handling the 
  bill. 88-1, May 9, 1963, p 8144. The same procedure may be used to 
  limit debate and reserve a certain amount of time for certain Members. 
  96-1, May 16, 1979, p 11444.
      A motion to limit debate under the five-minute rule in the 
  Committee of the Whole is not in order if it includes a reservation of 
  time for any special purpose. 91-1, Sept. 16, 1969, p 25633; 93-1, May 
  9, 1973, pp 15010, 15011. Such a motion may not include a reservation 
  of time for the reporting committee (90-1, June 15, 1967, p 15903; 92-
  2, May 18, 1972, p 18035) or for a particular Member. 92-2, Oct. 5, 
  1972, p 34137; 94-2, June 18, 1976, p 19251. The motion may not 
  include a reservation of time to the ``majority side'' (89-2, Sept. 
  28, 1966, p 24105), nor may it include a provision for division of 
  time between the proponents and opponents of the pending amendment. 
  90-1, May 24, 1967, p 13824; 92-1, Nov. 30, 1971, p 43406. However, a 
  point of order against a motion to close debate

[[Page 418]]

  and reserve time comes too late after the question has been put and 
  agreed to. 86-2, June 23, 1960, p 14088.


  Sec. 59 . Timekeeping; Charging Time

                                 Generally

      A limitation on debate under the five-minute rule may take the 
  form of a restriction on debate time (i.e., ``for 60 minutes'') or as 
  a limitation on debate to a time certain (i.e., ``until 5 p.m.''). The 
  form of the limitation is particularly significant in determining how 
  the time is to be accounted for under the limitation. When debate time 
  on a proposition is limited to a fixed period, such as 60 minutes, the 
  time consumed for purposes other than debate (such as a quorum call) 
  is not counted or charged against the allowable time for debate. 89-2, 
  May 26, 1966, p 11608; 95-2, Feb. 1, 1978, pp 1827, 1828; 98-2, Feb. 
  2, 1984, pp 1432, 1433. Time consumed by voting is not counted against 
  the limitation (88-2, Feb. 10, 1964, p 2705; 94-2, Sept. 28, 1976, p 
  33082) nor is time consumed on a point of order (98-1, June 15, 1983, 
  p 15818).
      On the other hand, where the time for debate has been fixed to a 
  time certain, such as 5 p.m., the time consumed by matters other than 
  debate is charged against the time remaining, thus reducing the time 
  for debate allowable to Members. 87-2, Jan. 23, 1962, pp 769, 773; 98-
  2, Feb. 2, 1984, pp 1432, 1433. A request or motion to close debate at 
  a time certain should specify that the debate cease at a certain time, 
  and not that the Committee of the Whole vote at a certain time, since 
  the Chair cannot control time consumed by quorum calls or votes on 
  other intervening motions. 95-1, June 29, 1977, pp 21383, 21384; 98-1, 
  Nov. 10, 1983, p 32172. The time consumed on the related procedural 
  matter comes out of the total allocation of remaining time and is 
  proportionally deducted from those Members who have not yet spoken 
  under the allocation. 95-2, July 19, 1978, p 21704; 95-2, Apr. 26, 
  1978, p 11642. The Chair then reallocates the balance of the time 
  among the remaining Members. 95-2, Apr. 26, 1978, p 11649. Such a 
  limitation terminates all debate at the time specified notwithstanding 
  that some allotted time remains unused when debate expires. 94-2, May 
  11, 1976, p 13427. The time specified can be extended only by 
  unanimous consent. 98-2, Aug. 2, 1984, pp 22180, 22181; 99-1, Oct. 3, 
  1985, pp 25986, 25995. For this reason it may not be possible for the 
  Chair to reach each Member to whom time has been allocated before the 
  time expires. 88-2, Aug. 7, 1964, pp 18583, 18608. In such cases, no 
  point of order lies against the inability of the Chair to recognize 
  each Member on the list. 95-1, June 27, 1977, p 20918.

[[Page 419]]

      Where debate has been limited to a time certain, time consumed by 
  the Chair in maintaining order in the Chamber comes out of the 
  remaining available debate time. But where debate has been limited to 
  a certain number of minutes, time consumed by the Chair in maintaining 
  order does not come out of the time allocated to Members for debate. 
  See 99-1, June 18, 1985, p 16098. The same distinction is applied to 
  time consumed on a preferential motion to strike the enacting clause. 
  97-2, July 21, 1982, p 17347. See also 91-2, May 6, 1970, p 14452; 96-
  1, Sept. 18, 1979, pp 25078, 25091.

                    Role of Chairman in Allocating Time

      Where debate on an amendment has been limited, the Chair has 
  several discretionary options in allocating the remaining time. He may 
  (1) continue to recognize under the five-minute rule; (2) divide the 
  time between Members indicating a desire to speak; or (3) as is 
  increasingly the case under the modern practice, divide time between 
  the proponent of the amendment and a Member (or bill manager) opposed 
  and allow them in turn to sub-allocate their time. 97-2, May 25, 1982, 
  p 11672; 97-2, Aug. 5, 1982, p 19758.

                   Time Remaining After Committee Rises

      The adoption of a motion to rise during debate on an amendment in 
  the Committee of the Whole does not affect the time remaining on the 
  amendment when the bill is resumed as unfinished business in the 
  Committee of the Whole, where debate is limited to a number of minutes 
  and not to a time certain. 99-2, Aug. 14, 1986, p 21691. Time for 
  debate remains under the limitation when the Committee resumes 
  consideration at a subsequent time. 93-2, July 24, 1974, p 25009. But 
  where a measure has been limited to a time certain (i.e., 5 p.m. that 
  day), and the Committee rises before that time without having 
  completed action on the pending measure, no time is considered as 
  remaining when the Committee, on a later day, again resumes 
  consideration of the measure. 91-2, May 6, 1970, p 14452. See also 87-
  1, May 10, 1961, pp 7725, 7728. The limitation on debate carries over 
  to prevent debate on the pending question on the subsequent day, and 
  the Committee may extend debate on the subsequent day only by 
  unanimous consent. 95-1, Oct. 20, 1977, p 34714.
      Where after limiting debate under the five-minute rule the 
  Committee of the Whole is about to rise on motion, the Chair may, in 
  his discretion, defer his allocation of that time until the Committee 
  resumes consideration of the bill on a subsequent day. 95-2, Sept. 11, 
  1978, p 28800; 96-1, Oct. 24, 1979, pp 29384, 29385.

[[Page 420]]

                 H. Reading Papers; Displays and Exhibits


  Sec. 60 . Reading Papers

      A Member recognized for debate may read his speech from papers. 
  103-1, Jan. 27, 1993, p ____. Indeed, it has long been the practice of 
  the House to permit Members to read in debate from papers not being 
  voted on, no other Member objecting. This practice was followed both 
  in the House and the Committee of the Whole. 5 Hinds Secs. 5285-5291; 
  8 Cannon Secs. 2597, 2602; 100-1, Dec. 10, 1987, p 34668. However, 
  under an earlier version of Rule XXX, if objection was made to such a 
  reading, the question was to be determined by a House vote without 
  debate. (This rule was amended in 1993 to apply only to exhibits and 
  no longer to readings. Manual Sec. 915.)


  Sec. 61 . Use of Exhibits

                                 Generally

      Members often use relevant exhibits in debate for the information 
  of other Members. However, the display of exhibits in debate is 
  subject to the requirement of House consent under Rule XXX if 
  objection is made. Notwithstanding an objection under Rule XXX, the 
  House may vote to permit a Member to utilize the exhibit during 
  debate. The use of an exhibit during debate in the Committee of the 
  Whole is likewise permitted, subject to the vote of the Committee upon 
  objection by any Member. 99-1, June 19, 1985, p 16359.
      Exhibits which have been permitted by the House or the Committee, 
  either by vote or because no objection was raised, include:

     A pair of oversized dice. 89-2, June 8, 1966, p 12572.
     Models prepared by the Committee on Science and Astronautics. 
         88-1, Aug. 1, 1963, p 13853.
     Electronic voting equipment to be installed in the House 
         Chamber. 92-2, Oct. 13, 1972, p 36008.
     A bottle of liquor alleged to be ``government rum.'' 75-1, 
         June 21, 1937, p 6104.
     A chart showing complex funding formulas. 93-2, Mar. 12, 1974, 
         p 6269.
     Photographs of missing children. 99-1, Apr. 2, 1985, p 7221.
     A display of dismantled weapons. 99-1, Apr. 23, 1985, p 9024.
     A chart showing stockpiled weaponry. 99-1, June 19, 1985, p 
         16359.

      The Speaker may under Rule I direct the removal of an exhibit from 
  the well if not being utilized during debate. 97-2, Apr. 1, 1982, p 
  6303. The Chairman of the Committee of the Whole may also direct the 
  removal

[[Page 421]]

  from the well of charts or other displays if not currently being 
  utilized in debate. 97-2, May 25, 1982, p 11752.
      The Speaker has denied a request that a Member be permitted to use 
  a video recorder on the floor of the House during a special-order 
  speech, as a visual-sound display of comments by nonmembers would be 
  contrary to precedents limiting the privilege of debate to Members. 
  96-2, Feb. 11, 1980, p 2596.


  Sec. 62 . -- Decorum Requirements

      The Speaker's responsibility under Rule I clause 2 to preserve 
  decorum requires that he disallow the use of exhibits in debate which 
  would be demeaning to the House or which would be disruptive of the 
  decorum thereof. 101-1, Sept. 13, 1989, p 20362; 101-2, Oct. 11, 1990, 
  p ____. Thus he may inquire as to a Member's intentions, as to the use 
  of exhibits, before conferring recognition to address the House. 98-2, 
  Mar. 21, 1984, p 6187. In one instance, the Chair declined to permit a 
  bumper sticker to be attached to the lectern in the House Chamber. 
  101-1, Sept. 13, 1989, p 20362; 101-2, Oct. 11, 1990, p ____. In 1995, 
  a caricature of the Speaker presented during debate was ruled out of 
  order. 104-1, Nov. 16, 1995, p ____. In another recent instance, where 
  a Member during debate on a bill funding the arts indicated his 
  intention to show as exhibits certain photographs--some innocuous and 
  some alleged to be pornographic--the Chair announced that he would 
  prevent the display of all such exhibits on the pending bill. The 
  Chair observed that although the First Amendment to the Constitution 
  provides that Congress shall make no law abridging the freedom of 
  speech, the Constitution also provides in Article I that the House may 
  determine the rules of its proceedings, and in clause 2 of Rule I the 
  House has assigned to the Chair the responsibility to preserve order 
  and decorum. 101-2, Oct. 11, 1990, p ____.
      Exhibits as a breach of order in the House, see Sec. 21, supra.


                            I. Secret Sessions


  Sec. 63 . In General

                     Generally; Historical Background

      In the early days of the Congress secret sessions of the House 
  were frequent. The sessions of the Continental Congress were secret. 
  Up to and during the War of 1812, secret sessions were held often; the 
  House sat with galleries open, but when the occasion required, as on 
  receipt of a confiden-

[[Page 422]]

  tial communication from the President (5 Hinds Sec. 7251), the 
  galleries were cleared by House order. 5 Hinds Sec. 7247 (note). 
  Following that period, the practice fell into disuse, remaining 
  dormant for almost a century (6 Cannon Sec. 434), and there have been 
  but few secret sessions in the modern era.
      It has been held that each House has a right to hold secret 
  sessions whenever in its judgment the proceedings should require 
  secrecy. In 1848, the Circuit Court of the District of Columbia upheld 
  a Senate contempt proceeding conducted in a secret session arising out 
  of the publication of a treaty pending before the Senate in executive 
  session. Nugent v Beale, 18 Fed Cases 141, No. 10375. See also 2 Hinds 
  Sec. 1640.

                                 Procedure

      The oath of office taken by elected House officers obligates them 
  to ``keep the secrets of the House.'' Rule II. Manual Sec. 635. A 
  House rule dating from 1792 mandates the holding of a secret session 
  (1) whenever confidential communications are received from the 
  President, or (2) whenever the Speaker or any Member informs the House 
  that he has communications which he believes ought to be kept secret. 
  Rule XXIX. Manual Sec. 914.
      The House, and not the Committee of the Whole, determines whether 
  to conduct a secret session under Rule XXIX. 96-1, June 20, 1979, pp 
  15710, 15711. Provision for the session is generally made pursuant to 
  a motion considered in the House. (Sec. 64, infra). The material to be 
  presented in the secret session is not required to be relevant to any 
  particular legislation. 96-1, June 20, 1979, pp 15711-13. It is not in 
  order to make a point of order in the secret session that the material 
  in question must be produced to the Members in advance to determine 
  whether secret or confidential communications are involved. 96-1, July 
  17, 1979, p 19049.

                           Use of Special Rules

      In 1983, for the first time, a secret session was held pursuant to 
  a special rule from the Committee on Rules and adopted by the House. 
  The special rule provided for preliminary general debate on a bill in 
  secret session and for consideration of the bill for amendment under 
  the five-minute rule in the Committee of the Whole. 98-1, July 14, 
  1983, pp 19133-35 (H. Res. 261). Following the secret session, the 
  Speaker stated that Members were bound not to release or revise or 
  make public any of the transcript thereof until further order of the 
  House, and that pursuant to the special rule the transcript would be 
  referred to the two committees reporting the bill. 98-1, July 19, 
  1983, pp 19776, 19777. Six months later, the Speaker laid before the 
  House communications transmitting the recommendations of those com-

[[Page 423]]

  mittees that the transcript of the secret session not be publicly 
  released. 98-2, Jan. 23, 1984, p 84.


  Sec. 64 . Motions; Debate

      A motion to go into a secret session is in order when any Member 
  informs the House that he has communications which he believes should 
  be considered in confidence. The motion takes precedence over a motion 
  to resolve into the Committee of the Whole for the consideration of 
  nonprivileged legislative business, such as a special appropriation 
  bill. 8 Cannon Sec. 3630.
      The motion to resolve into secret session may be made only in the 
  House and not in the Committee of the Whole. 95-2, June 6, 1978, p 
  16376; 96-1, June 20, 1979, p 15711. The Member making the motion must 
  qualify by asserting that he himself has a secret communication to 
  make to the House. 95-2, June 6, 1978, p 16376. The motion is not 
  debatable, although the Chair may explain the operation of the rule 
  and respond to parliamentary inquiries after the motion has been 
  agreed to and before the secret session commences. 96-1, June 20, 
  1979, pp 15711-13.
      After a motion to resolve into a secret session has been adopted, 
  the Member who offered the motion may be recognized for one hour of 
  debate. The normal rules of debate, including the principle that no 
  motions are in order unless the Member in control yields for that 
  purpose, apply. 96-1, July 17, 1979, pp 19057-59.
      A motion in secret session to make the proceedings public 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. 96-1, July 17, 1979, pp 
  19057-59.


  Sec. 65 . Secrecy Restrictions and Guidelines

      The Speaker may announce before a secret session commences that 
  the galleries will be cleared, that the Chamber will be cleared of all 
  persons except Members and those officers and employees specified by 
  the Speaker whose attendance on the floor is essential to the 
  functioning of the secret session, and that all proceedings in the 
  secret session must be kept secret until otherwise ordered by the 
  House. 96-1, June 20, 1979, p 15711. In one instance, the Speaker 
  directed all officers and employees designated by him as essential to 
  the proceedings to come to the pages' desk and sign an oath of 
  secrecy. The Speaker announced that violation of the oath was 
  punishable by the House and that Members and employees were subject to 
  standards of conduct and disciplinary proceedings under House rules. 
  96-1, July 17,

[[Page 424]]

  1979, p 19049. Where the House has concluded a secret session and has 
  not voted to release the transcripts of that session to the public, 
  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 their ultimate disposition. 96-1, June 20, 
  1979, p 15713.
      Committee meetings in executive session, see Committees.



[[Page 425]]

 
                              CONTEMPT POWER

  Sec. 1.  In General
  Sec. 2.  Statutory Contempt Procedure
  Sec. 3.  -- Duties of the Speaker and U.S. Attorney
  Sec. 4.  -- Defenses; Pertinency Requirement
  Sec. 5.  Purging Contempt
        Research References
          2 Hinds Secs. 1597-1640; 3 Hinds Secs. 1666-1724
          6 Cannon Secs. 332-334
          4 Deschler Ch 15 Secs. 17-22
          Manual Secs. 293-299
          2 USC Secs. 192, 194


  Sec. 1 . In General

      An individual who fails or refuses to comply with a House subpena 
  may be cited for contempt of Congress. Eastland v United States 
  Servicemen's Fund, 421 US 491 (1975). Although the Constitution does 
  not expressly grant Congress the power to punish witnesses for 
  contempt, that power has been deemed an inherent attribute of the 
  legislative authority of Congress. See Anderson v Dunn, 19 US 204 
  (1821).
      To supplement this inherent power, the Congress in 1857 adopted an 
  alternative statutory contempt procedure (Sec. 2, infra). Thus, the 
  House may either (1) certify a recalcitrant witness to the appropriate 
  United States Attorney for possible indictment under this statute or 
  (2) exercise its inherent power to commit for contempt by detaining 
  the witness in the custody of the Sergeant at Arms. Manual Sec. 296. 
  The first procedure is the one utilized today, but the ``inherent 
  power'' still remains available. In one instance, the House invoked 
  not only its inherent contempt power, but also proceeded against a 
  witness under the alternative statutory contempt procedure. 3 Hinds 
  Sec. 1672.
      Under the inherent contempt power of the House, the recalcitrant 
  witness may be arrested and brought to trial before the bar of the 
  House, with the offender facing possible incarceration. 3 Hinds 
  Sec. 1685. The first exercise of this power in the House occurred in 
  1812, when the House proceeded against a newspaper editor who declined 
  to identify his source of information that had been disclosed in 
  executive session. 3 Hinds Sec. 1666. Such powers had been exercised 
  prior to the adoption of the U.S. Constitution

[[Page 426]]

  by the Continental Congress as well as by England's House of Lords and 
  House of Commons. Jurney v MacCracken, 294 US 125 (1935).
      At the trial of the witness in the House, questions may be put to 
  the witness by the Speaker (2 Hinds Sec. 1602) or by a committee (2 
  Hinds Sec. 1617; 3 Hinds Sec. 1668). In one instance, the matter was 
  investigated by a committee and the respondent then brought to the bar 
  of the House, and a resolution was reported to the House for its vote. 
  2 Hinds Sec. 1628.
      The inherent power of Congress to find a recalcitrant witness in 
  contempt has not been invoked by the House in recent years because of 
  the time-consuming nature of the trial and because the jurisdiction of 
  the House cannot extend beyond the end of a Congress. See Anderson v 
  Dunn, 19 US 204 (1821).


  Sec. 2 . Statutory Contempt Procedure

                                 Generally

      An alternative statutory contempt procedure was adopted in 1857. 
  Under this statute, the refusal to comply with a congressional subpena 
  is made punishable by a fine of up to $1,000 and imprisonment for up 
  to one year. 2 USC Sec. 192. Pursuant to this statute, a committee may 
  vote to seek a contempt citation against the recalcitrant witness; 
  this action is then reported by resolution to the House. If the 
  resolution is adopted by the House, the matter is referred to a U.S. 
  Attorney who is to seek an indictment. See 2 USC Sec. 194; Manual 
  Sec. 299. In the 97th Congress, such a resolution was adopted 
  following the failure of an official of the executive branch (EPA 
  Administrator Anne M. Gorsuch) to submit executive branch documents to 
  a House subcommittee pursuant to a subpena. This was the first 
  occasion on which the House cited a chief executive branch official 
  for contempt of Congress. See H. Res. 632, 97-2, Dec. 16, 1982, pp 
  31746, 31754-56, 31776. In the same Congress, Secretary of the 
  Interior James G. Watt was cited for contempt for withholding 
  subpenaed documents and for failure to answer questions. The contempt 
  citation was reported to the House by the oversight and investigations 
  subcommittee of the Committee on Energy and Commerce. See H. Rept. No. 
  97-898. An accommodation was reached on the documents, and the House 
  took no action on the report. In 1983, a committee report recommended 
  the adoption of a resolution finding Rita M. LaVelle (former EPA 
  Assistant Administrator) in contempt of Congress for failing to appear 
  in response to a subpena. See H. Rept. No. 98-190, May 16, 1983. The 
  House then adopted a resolution certifying such refusal to the U.S. 
  Attorney. 98-1, May 18, 1983, p 12720.

[[Page 427]]

                            Floor Consideration

      A contempt citation must be reported to the House pursuant to 
  formal action by the committee. Ex parte Frankfield, 32 F Supp 915 
  (D.C.D.C. 1940). A committee report relating to the refusal of a 
  witness to testify is privileged for consideration in the House (86-1, 
  Sept. 3, 1959, pp 17927-34), as is a report relating to the refusal of 
  a witness to produce certain documents as ordered. 86-2, Aug. 23, 
  1960, pp 17278 et seq. The report is presented and read. A resolution 
  may then be offered directing the Speaker to certify the refusal to a 
  U.S. Attorney. 86-2, Aug. 23, 1960, pp 17278-313. Such a resolution 
  may be offered from the floor as privileged, since the privileges of 
  the House are involved, and a committee report to accompany the 
  resolution may be presented to the House without regard to the three-
  day availability requirement for other reports. 92-1, July 13, 1971, 
  pp 24720-23.
      A resolution with two resolve clauses separately directing the 
  certification of the contemptuous conduct of two individuals is 
  subject to a demand for a division of the question as to each 
  individual. 99-2, Feb. 27, 1986, p 3061.


  Sec. 3 . -- Duties of the Speaker and U.S. Attorney

      The controlling statute provides that when the witness fails or 
  refuses to answer or produce the required documents, and such failure 
  is reported to the House--or to the Speaker when the House is not in 
  session--it ``shall be the duty'' of the Speaker to certify the facts 
  to the United States Attorney for presentation to the grand jury. 2 
  USC Sec. 194. Notwithstanding the language in the statute referring to 
  the ``duty'' of the Speaker, the court in Wilson v United States, 369 
  F2d 198 (1966) held that the Speaker erred in construing the statute 
  to prohibit any inquiry into the matter by him, and that his automatic 
  certification of a case to the U.S. Attorney during a period of sine 
  die adjournment was invalid. Since the incident that gave rise to this 
  judicial decision, no contempt reports have been filed following a 
  sine die adjournment so the authority of the Speaker has not been 
  utilized.


  Sec. 4 . -- Defenses; Pertinency Requirement

      The statute which penalizes the refusal to answer in response to a 
  congressional subpena provides that the question must be ``pertinent 
  to the question under inquiry.'' 2 USC Sec. 192. That is, the answers 
  requested must (1) relate to a legislative purpose which Congress may 
  constitutionally entertain, and (2) fall within the grant of authority 
  actually made by Congress to the committee. Deschler Ch 15 Sec. 6. In 
  a prosecution for contempt of Con-

[[Page 428]]

  gress it must be established that the committee or subcommittee was 
  duly authorized and that its investigation was within the scope of 
  delegated authority. US v Seeger, C.A.N.Y. 303 F2d 478 (1962). A clear 
  chain of authority from the House to its committee is an essential 
  element of the offense. Gojack v US, 384 US 702 (1966).
      The statutory requirement that a committee question be pertinent 
  is an essential factor in prosecuting the witness for contempt. The 
  right of a witness to refuse to answer a question that is not 
  pertinent is not a personal privilege that can be waived if not 
  asserted. Pertinency will not be presumed. Bowers v United States, 202 
  F2d 447 (D.C. Cir. 1953). The committee has a burden to explain to the 
  witness that a question is pertinent and that despite the witness' 
  objection, the committee demands an answer. Barenblatt v United 
  States, 252 F2d 129 (D.C. Cir. 1958), aff'd, 360 US 109 (1959); Davis 
  v United States, 269 F2d 357 (6th Cir.), cert. denied, 361 US 919 
  (1959).
      In contempt proceedings brought under the statute, constitutional 
  claims and other objections to House investigatory procedures may be 
  raised by way of defense. US v House of Representatives, 556 F Supp 
  150 (1983). The courts must accord the defendant every right 
  ``guaranteed to defendants in all other criminal cases.'' Watkins v 
  United States, 354 US 178 (1957). All elements of the offense, 
  including willfulness, must be proven beyond a reasonable doubt. 
  Flaxer v United States, 358 US 147 (1958). But the courts have been 
  extremely reluctant to interfere with the statutory scheme by 
  considering cases brought by recalcitrant witnesses seeking 
  declaratory or injunctive relief. See, for example, Eastland v United 
  States Servicemen's Fund, 421 US 491 (1975); US v House of 
  Representatives, 556 F Supp 150 (1983).
      To justify withholding subpenaed information, a witness sometimes 
  contends that the President has claimed executive privilege with 
  respect thereto or has directed the witness not to disclose the 
  information. However, the Supreme Court has rejected the claim that 
  the President has an absolute, unreviewable executive privilege. See 
  United States v Nixon, 418 US 683 (1974). Moreover, noncompliance with 
  a congressional subpena by a government official may not be justified 
  on the ground that he was acting under the orders of his superior. See 
  United States v Tobin, 195 F Supp 588 (D.D.C. 1961).


  Sec. 5 . Purging Contempt

      A witness in violation of a House subpena has been permitted to 
  purge himself by compliance with its terms prior to the issuance of an 
  indictment.

[[Page 429]]

   3 Hinds Secs. 1666, 1686. However, once judicial proceedings to 
  enforce the subpena have been initiated, the defendant cannot purge 
  himself of contempt merely by producing the documents or testimony 
  sought. See United States v Brewster, 154 F Supp 126 (D.D.C. 1957), 
  cert. denied, 358 US 842 (1958). At this stage, the House itself must 
  consider and vote on whether to permit a discontinuance. The committee 
  that sought the contempt citation submits a report to the House 
  indicating that substantial compliance on the part of the witness has 
  been accomplished; the House then adopts a resolution certifying the 
  facts to the United States Attorney to the end that contempt 
  proceedings be discontinued. Manual Sec. 299. For example, in the 98th 
  Congress, after EPA Administrator Anne Gorsuch had been cited in the 
  prior Congress for contempt for failure to produce certain documents 
  for a House subcommittee, the House adopted a resolution certifying to 
  the U.S. Attorney that agreement had been reached between the 
  committee and the executive branch giving the committee access to 
  those documents. 98-1, Aug. 3, 1983, p 22698.
      It should be pointed out that while a witness cannot by himself 
  purge his contempt after judicial proceedings have begun, a court may 
  suspend the sentence of a witness convicted of contempt and give him 
  an opportunity to avoid punishment by giving testimony before a 
  committee whose questions he had refused to answer. Deschler Ch 15 
  Sec. 21.



[[Page 431]]

 
                   DELEGATES AND RESIDENT COMMISSIONERS

  Sec. 1. In General
  Sec. 2. In the House
  Sec. 3. In Committees
  Sec. 4. In Committee of the Whole
        Research References
          1 Hinds Secs. 400-410
          6 Cannon Secs. 240-246
          2 Deschler Ch 7 Sec. 3
          Manual Sec. 740

  Sec. 1 . In General

                                 Generally

      The Delegates and Resident Commissioners are those statutory 
  officers who represent in the House the constituencies of territories 
  and properties owned or administered by the United States but not 
  admitted to statehood. Deschler Ch 7 Sec. 3. The Virgin Islands, Guam, 
  and American Samoa, as well as the District of Columbia, are 
  represented in the House by a Delegate, while Puerto Rico is 
  represented by a Resident Commissioner. Manual Sec. 740. The rights 
  and prerogatives of a Delegate in parliamentary matters are not 
  limited to legislation affecting his own territory. 6 Cannon Sec. 240.


  Sec. 2 . In the House

      The floor privileges of a Delegate or a Resident Commissioner in 
  the House include the right to debate (2 Hinds Sec. 1290), make 
  motions (2 Hinds Sec. 1291), and raise points of order (6 Cannon 
  Sec. 240); but he cannot vote in the House nor serve as its presiding 
  officer. See Manual Sec. 740. He may make any motion a Member may make 
  (2 Hinds Sec. 1292) including the motion to adjourn (97-1, Jan. 9, 
  1981, p 248), but not the motion to reconsider (2 Hinds Sec. 1292), 
  which is itself dependent on the right to vote. He may make reports 
  for committees (Manual Sec. 740) and may object to the consideration 
  of a bill (6 Cannon Sec. 241; Deschler Ch 7 Sec. 3.7). Impeachment 
  proceedings have been moved by a Delegate. 2 Hinds Sec. 1303.

[[Page 432]]

  Sec. 3 . In Committees

      The House rules now extend to Delegates and the Resident 
  Commissioner all the powers in committee held by constitutional 
  Members of the House. They are elected to serve on standing committees 
  in the same manner as Members of the House and possess in such 
  committees the same powers and privileges as the other Members. Rule 
  XII. Manual Sec. 740. They have the right to vote in committees on 
  which they serve. Seniority accrual rights on committees have also 
  been extended to the Delegates and Resident Commissioner. Deschler Ch 
  7 Sec. 3.11. They may be appointed by the Speaker to any conference 
  committee. The Speaker also now has the authority to appoint them to 
  any select committee (Manual Sec. 701g), an appointment that 
  previously required the permission of the House (94-2, Sept. 21, 1976, 
  p 31673).


  Sec. 4 . In Committee of the Whole

      Under a rule adopted in 1993, when the House was sitting in 
  Committee of the Whole, the Delegates and Resident Commissioner had 
  the same powers and privileges as Members. In the same year, the 
  Speaker was given authority to appoint a Delegate or Resident 
  Commissioner as Chairman of the Committee of the Whole. These 
  provisions were stricken from the rules as adopted in January 1995. 
  104-1, H. Res. 6.



[[Page 433]]

 
                   DISCHARGING MEASURES FROM COMMITTEES

  Sec. 1. In General; Alternative Methods
  Sec. 2. The Discharge Rule; Motions to Discharge
  Sec. 3. -- Application and Use; What Measures May Be Discharged
  Sec. 4. -- Signatures Required
  Sec. 5. -- Privilege and Precedence of Motions
  Sec. 6. -- Calling Up and Debating the Motion
  Sec. 7. -- Consideration of Discharged Measure; Forms
  Sec. 8. Discharge of Matters Privileged Under the Constitution
  Sec. 9. Discharge of Resolutions of Disapproval; Statutory Motions
        Research References
          7 Cannon Secs. 1007-1023
          5 Deschler Ch 18
          Manual Sec. 908


  Sec. 1 . In General; Alternative Methods

      There are certain procedures that effectively discharge a 
  committee or which may be invoked whenever a committee fails or 
  refuses to report a measure. These methods include:

     The motion to discharge a public bill or resolution available 
         under Rule XXVII clause 3 after the measure has been pending in 
         committee for more than 30 days. Manual Sec. 908. See Secs. 2 
         et seq.
     A motion to discharge the Committee on Rules from a special 
         rule relating to an unreported bill which has been pending 
         before it for seven days (also in Rule XXVII clause 3).
     The motion to suspend the rules available under Rule XXVII 
         clause 1 pursuant to a vote of two-thirds of the Members. 
         Manual Sec. 902.

      Note: The motion to suspend the rules and pass a bill applies to 
  bills that have not been reported from committee. 8 Cannon Sec. 3421. 
  Generally, see Suspension of Rules.

     The Speaker's referral (under Rule X clause 5) of a bill 
         pursuant to time limits which result in the discharge of the 
         bill from committee at the end of the designated time. Manual 
         Sec. 700.
     A resolution reported by the Committee on Rules providing for 
         the consideration in the House of an unreported bill; the 
         effect of the resolution, if adopted, is to discharge the 
         committee before which the bill is pending. 5 Hinds Sec. 6771.
     A unanimous-consent request agreed to by the House (the 
         procedure does not lie in the Committee of the Whole). 4 Hinds 
         Sec. 4697; 102-2, June 4, 1992, p ____.

[[Page 434]]

      Note: Recognition for such a request is within the discretion of 
  the Chair, and the Speaker will not entertain such a request without 
  the consent of the chairman and ranking minority member of the 
  committee considering the measure (97-2, May 4, 1982, p 8613) and the 
  majority and minority floor leadership (see Manual Sec. 757 for the 
  ``Speaker's guidelines'').

      As to the procedures for discharging a committee from a resolution 
  of inquiry, see Resolutions of Inquiry. Discharge of vetoed bills, see 
  Sec. 8, infra. Discharge pursuant to statute, see Sec. 9, infra.


  Sec. 2 . The Discharge Rule; Motions to Discharge

                                 Generally

      Under Rule XXVII clause 3, a Member may file with the Clerk a 
  motion (sometimes called a petition) to discharge a committee from the 
  consideration of a public bill or resolution which was referred to the 
  committee 30 days prior thereto. Manual Sec. 908. The word ``days'' 
  has been construed to mean legislative days. 75-2, Dec. 10, 1937, p 
  1300. The period of time specified by the rule does not begin to run 
  until the committee is appointed or elected. 7 Cannon Sec. 1019.
      The Clerk makes the petition available at the rostrum for Members 
  to sign while the House is in session. When the requisite number of 
  signatures are obtained--a majority of the total membership (86-2, 
  June 3, 1960, p 11837)-- the motion is entered on the Journal, printed 
  in the Record, and referred to the Discharge Calendar. Rule XXVII 
  clause 3. When the motion has been on the calendar for seven 
  legislative days, it may be called up in the House under the discharge 
  rule on the second and fourth Mondays of the month. The motion is then 
  debated for 20 minutes and voted on. If the motion prevails, it is in 
  order to proceed to consider the discharged measure pursuant to a 
  motion to that effect. See Sec. 6, infra. To pass a measure under the 
  discharge rule thus involves numerous separate and distinct stages:

     The filing of the petition after the expiration of the 30-day 
         period;
     Obtaining the necessary signatures;
     Entry in the Journal and printing (with signatures) in the 
         Record;
     Reference to the Discharge Calendar;
     Calling up, debating, voting on the motion to discharge;
     Agreement to proceed to consider the discharged measure; and
     Debate and vote on the discharged measure itself (Sec. 7, 
         infra).

      Petitions to discharge committees are filed with the Clerk and are 
  not presented from the floor, but Members may give notice of the 
  filing of such

[[Page 435]]

  petitions, either from the floor or by letter. 7 Cannon Sec. 1008. 
  Once the motion has been filed, the Clerk makes the signatures a 
  matter of public record. Manual Sec. 908.

                           Reoffering of Motion

      When a perfected motion to discharge a committee from the 
  consideration of a measure has once been acted on by the House, it is 
  not in order to entertain during the same session another motion for 
  the discharge of that measure or any other bill or resolution 
  substantially the same as such measure. Rule XXVII clause 3.


  Sec. 3 . -- Application and Use; What Measures May Be Discharged

                       Public Bills and Resolutions

      The discharge rule has been invoked against standing committees to 
  bring before the House for its consideration various unreported public 
  bills and resolutions, including:

     A joint resolution proposing an amendment to the Constitution, 
         relative to the offering of prayer in public buildings. 
         Deschler Ch 18 Sec. 2.3.
     A joint resolution proposing a constitutional amendment 
         relative to equal rights for men and women. 91-2, July 20, 
         1970, p 24999.
     A joint resolution proposing an amendment to the Constitution 
         to prohibit compelling the attendance of students at certain 
         schools. 96-1, July 24, 1979, p 20362.
     A bill repealing the tax on oleomargarine. Deschler Ch 18 
         Sec. 2.1.
     A bill transferring certain price administration functions 
         from one agency to another. Deschler Ch 18 Sec. 2.2.
     A bill providing for the payment to veterans of the face value 
         of their adjusted-service certificates. Deschler Ch 18 
         Sec. 2.7.

      A motion to discharge a committee from the consideration of a bill 
  applies to the bill as referred to the committee and not as it may 
  have been amended in the committee. 7 Cannon Sec. 1015.

                       Application to Reported Bills

      The motion to discharge a bill may not be entertained if the bill 
  against which it is directed has been reported from committee before 
  the motion is called up for action in the House; and the filing of the 
  motion to discharge does not preclude the committee from reporting the 
  measure in question at any time before the motion is called up for 
  consideration. Deschler Ch 18 Sec. 1.13.

[[Page 436]]

         Application to Special Orders From the Committee on Rules

      Under the modern practice, the rule is most often invoked to 
  discharge the Committee on Rules from the consideration of the 
  resolutions and special rules specified by Rule XXVII clause 3, 
  including a special rule making in order a bill (Deschler Ch 18 
  Sec. 2.4) or joint resolution (Deschler Ch 18 Sec. 2.5) under terms 
  therein specified by the sponsor of the resolution, rather than under 
  the general rules of the House. For example, in 1965, the House agreed 
  to a motion to discharge the Committee on Rules from the further 
  consideration of a resolution making in order the ``home rule'' bill 
  pending before the Committee on the District of Columbia. 89-1, Sept. 
  27, 1965, pp 25180-85. In 1982, after the Judiciary Committee had 
  declined to report a balanced budget amendment, and a special order 
  providing for its consideration had been pending before the Rules 
  Committee, a motion to discharge the special order received sufficient 
  signatures and was placed on the Discharge Calendar. Sept. 29, 1982, 
  Discharge Petition 18, on H. Res. 450. A similar motion received the 
  requisite number of signatures in 1992. 102-2, May 20, 1992, p ____.
      However, the motion applies only to special orders which have been 
  pending before the Committee on Rules for at least seven legislative 
  days. Manual Sec. 908. Moreover, it is not in order to move to 
  discharge the Committee on Rules from the consideration of a 
  resolution not specified in the discharge rule. The Committee on Rules 
  may not be discharged from the further consideration of a resolution 
  providing merely for the appointment of a committee to investigate. 
  Deschler Ch 18 Sec. 2.6.

                                 Timetable

      The discharge of a measure pursuant to Rule XXVII clause 3 is 
  subject to the timetable and attendant layovers that are imposed under 
  the rule. The discharge procedure requires:

     Expiration of 30 legislative days after the measure's 
         reference to committee (Sec. 2, supra) and the concurrent 
         expiration of seven legislative days if the petition is filed 
         against a special order of business referred to the Committee 
         on Rules.
     Expiration of the period needed to obtain the requisite 
         signatures (Sec. 4, infra).
     Expiration of seven or more legislative days after reference 
         of motion to discharge calendar (Sec. 6, infra).
     Calling up motion only on second or fourth Monday following 
         expiration of seven-day period (Sec. 6, infra).

      The time frame involved under the rule, lengthy as it is, has 
  sometimes led the House to take other action to dispose of the bill. 
  Thus, in one recent

[[Page 437]]

  instance, the House considered and passed, under suspension of the 
  rules, a bill reported by the Committee on the Judiciary after a 
  petition to discharge it had received the necessary signatures, the 
  bill having been reported before the motion to discharge had been on 
  the Discharge Calendar for seven legislative days. 96-2, June 24, 
  1980, p 16577.


  Sec. 4 . -- Signatures Required

      The provision of the discharge rule that a discharge motion must 
  be signed by a majority of the Members has been interpreted to mean 
  that the motion requires the signatures of a majority of the entire 
  membership (not including non-voting Delegates who may not sign), or 
  218 Members. See Deschler Ch 18 Sec. 1.2. This requirement is in 
  contrast to the vote needed for actual passage of legislation under 
  ordinary conditions, which requires only a majority of these present 
  and voting, a quorum being present. See Voting.
      The rule requires the preparation of daily cumulative lists of the 
  names of those signing the petition. Such lists must be made available 
  for public inspection. Rule XXVII clause 3 (adopted in 1995).
      Additional signatures are not admitted after the requisite number 
  have been affixed. A signature may be withdrawn by a Member in writing 
  at any time before the petition is signed by the requisite number and 
  entered on the Journal. Rule XXVII clause 3. The signing of discharge 
  motions by proxy is not permitted. 7 Cannon Sec. 1014.
      The death or resignation of a signatory of the motion does not 
  invalidate his signature (Deschler Ch 18 Sec. 1.5); but to enable a 
  Member elected in a special election to fill a vacancy to sign a 
  petition, the signature of his predecessor must be removed (Deschler 
  Ch 18 Sec. 1.4).


  Sec. 5 . -- Privilege and Precedence of Motions

      Under the modern practice, a motion to discharge a committee, when 
  called up pursuant to the provisions of the discharge rule, is 
  privileged, and the Speaker may decline to recognize for a matter not 
  related to the proceedings. 7 Cannon Sec. 1010. Such motions take 
  precedence over business merely privileged under the general rules of 
  the House. 7 Cannon Sec. 1011. The motion takes precedence over 
  motions to resolve into Committee of the Whole (7 Cannon Secs. 1016, 
  1017), over unfinished business coming over from the preceding day 
  (Deschler Ch 18 Sec. 3.4), and over motions to suspend the rules (7 
  Cannon Sec. 1018). However, prior to the consideration of a motion to 
  discharge, the Speaker may in his discretion recognize for one-minute 
  speeches (96-1, July 24, 1979, p 20358), or permit a Member to

[[Page 438]]

  proceed for one minute on an unrelated matter by unanimous consent 
  (91-2, Aug. 10, 1970, pp 27994-99).


  Sec. 6 . -- Calling Up and Debating the Motion

                                 Generally

      Under the discharge rule, a motion to discharge which has been on 
  the Discharge Calendar at least seven days may be called up for 
  consideration on the second and fourth Mondays of each month except 
  during the last six days of a session. Rule XXVII clause 3. The 
  consideration of such a motion may be made in order on a day other 
  than the specified Mondays by unanimous consent. Deschler Ch 18 
  Sec. 3.5. In one instance by unanimous consent the House dispensed 
  with the motion to discharge and agreed to consider the underlying 
  matter (a special order) on a date certain under the same terms as if 
  discharged by motion. 102-2, June 4, 1992, p ____.
      To call up the motion, a Member must qualify as having signed the 
  discharge petition (89-1, Sept. 27, 1965, pp 25180-85; 92-1, Nov. 8, 
  1971, pp 39885-89; Deschler Ch 18 Sec. 3.6).

                            Intervening Motions

      The rule of the House providing for the consideration of discharge 
  motions does not permit intervening motions except for one motion to 
  adjourn. Rule XXVII clause 3. Accordingly, it has been held that when 
  a motion to discharge a committee is called up, it is not in order to 
  move to table the motion (Deschler Ch 18 Sec. 3.15) or to move to 
  postpone consideration thereof to a day certain (Deschler Ch 18 
  Sec. 3.14). And the Speaker has declined to recognize for extensions 
  of remarks where a discharge motion is pending. Deschler Ch 18 
  Sec. 3.16.

                             Debate on Motion

      Debate on the motion to discharge is limited to 20 minutes--10 
  minutes in favor of the proposition and 10 minutes under the control 
  of the Member recognized in opposition. Manual Sec. 908. The Speaker 
  has denied recognition for requests to extend the time. 7 Cannon 
  Sec. 1010.
      The division of the 20-minute period for debate is in accordance 
  with the position of the Member as being either for or against the 
  pending matter, and not according to membership in a particular 
  political party. 7 Cannon Sec. 1010. The proponents of a motion to 
  discharge are entitled to open and close debate on the motion. 7 
  Cannon Sec. 1010a; Deschler Ch 18 Sec. 3.13. The chairman of the 
  committee being discharged, if opposed, is ordinarily recognized to 
  control the 10 minutes in opposition. 91-2, Aug. 10, 1970, p 27999; 
  96-1, July 24, 1979, p 20358.

[[Page 439]]

      A Member recognized to control half of the 20 minutes' debate on 
  the motion may yield part of his time to another Member (Deschler Ch 
  18 Sec. 3.11) but that Member may not yield part of that time to still 
  another Member (Deschler Ch 18 Sec. 3.12).


  Sec. 7 . -- Consideration of Discharged Measure; Forms

                 Motion to Consider the Discharged Measure

      Following agreement to a motion to discharge a standing committee 
  from a measure pending before the committee, it is then in order for 
  any Member who signed the motion to move to proceed to the immediate 
  consideration of that measure. Rule XXVII clause 3. Deschler Ch 18 
  Sec. 4.3. The motion to consider the measure is privileged and is 
  decided without debate. 91-2, Aug. 10, 1970, pp 27999, 28004; 92-1, 
  Nov. 8, 1971, pp 39885-89. If the motion for immediate consideration 
  is adopted, the legislation is taken up under the general rules of the 
  House. Deschler Ch 18 Secs. 4.4, 4.6. Otherwise, the discharged 
  measure is referred to its proper calendar. Deschler Ch 18 Sec. 4.7.
      A similar procedure is followed after agreement to a motion to 
  discharge the Committee on Rules from the further consideration of a 
  resolution pending before that committee. The House immediately 
  considers the resolution, the Speaker not entertaining any dilatory or 
  other intervening motion except one motion to adjourn. Rule XXVII 
  clause 3. Deschler Ch 18 Sec. 4. Amendments to the resolution are not 
  in order (unless the previous question is voted down). 78-2, Jan. 24, 
  1944, p 631. See also Manual Sec. 908.

                 Motions to Expedite Consideration; Debate

      A bill having been discharged pursuant to the rule, its proponents 
  are entitled to recognition for allowable motions to expedite 
  consideration of the discharged measure. 7 Cannon Sec. 1012. Measures 
  requiring consideration in Committee of the Whole are taken up 
  therein. 7 Cannon Sec. 1021; Deschler Ch 18 Sec. 4.4. Where the 
  discharged measure does not require consideration in Committee of the 
  Whole, the Member who made the motion for its immediate consideration 
  is recognized in the House under the hour rule. 91-2, Aug. 10, 1970, p 
  27999; Manual Sec. 908. And when a joint resolution proposing an 
  amendment to the Constitution is considered in the House pursuant to a 
  motion to discharge, the proponent of the resolution is recognized to 
  control one hour of debate. 96-1, July 24, 1979, p 20362. Under the 
  modern practice, however, a special order discharged from the 
  Committee on Rules under this procedure specifies all the procedures 
  under which the discharged bill is to be considered.

[[Page 440]]

      The bill to which the discharge motion applies is read by title 
  only (Rule XXVII clause 3) and may not be read in its entirety (7 
  Cannon Sec. 1019a).
      The point of order provided by Rule XXI clause 5--interdicting 
  consideration of appropriations not reported by the Committee on 
  Appropriations--does not apply to an appropriation in a bill which has 
  been taken away from the committee by the motion to discharge. 7 
  Cannon Sec. 1019a; Manual Sec. 908.

                                   Forms

      Member: Mr. Speaker, pursuant to section 3 of Rule XXVII, I call 
    up the petition to discharge the Committee on  __________ from the 
    further consideration of the bill, H.R.  __________.
          Or
      Mr. Speaker, under the rule, I call up the petition to discharge 
    the Committee on Rules from the further consideration of the 
    resolution, H. Res.  __________, providing for consideration of the 
    bill, H.R.  __________.
      Speaker: Did the gentleman sign the petition?
      Member: I did, Mr. Speaker.
      Speaker: The gentleman from  __________ calls up a motion to 
    discharge the Committee on  __________ from the further 
    consideration of the bill [resolution] which the Clerk will report 
    by title.
      Speaker: The gentleman from  __________ is entitled to ten minutes 
    in favor of the motion, and the gentleman from  __________ is 
    entitled to ten minutes in opposition. The gentleman from  
    __________ [proponent of the motion] is recognized.
      Speaker: The time of the gentleman has expired. All time has 
    expired. The question is on the motion to discharge the Committee on 
     __________ from further consideration of the bill (or resolution). 
    As many as favor the motion will say ``Aye.'' As many as are opposed 
    say ``No.''
      Speaker: The ayes have it and the motion is agreed to. The 
    committee is discharged.


  Sec. 8 . Discharge of Matters Privileged Under the Constitution

      Certain matters arising under the Constitution are privileged for 
  consideration at any time, and may therefore be discharged at any time 
  irrespective of the requirements for petitions under the discharge 
  rule. Examples include propositions to discipline a Member and 
  impeachment resolutions. See Deschler Ch 18 Sec. 5. Similarly, a 
  motion to discharge a committee from the further consideration of a 
  vetoed bill that has been returned to the House and referred back to 
  committee by the House presents a question of privilege and is in 
  order at any time. Deschler Ch 18 Sec. 5.1. It is likewise in order to 
  move to discharge a proposition involving the right of a Member to his

[[Page 441]]

  seat. See discussion in 8 Cannon Sec. 2316. Generally, see Questions 
  of Privilege.
      Although a motion to discharge a committee from the consideration 
  of a vetoed bill is privileged (4 Hinds Sec. 3532) and debatable (101-
  2, Mar. 7, 1990, p ____), that motion is subject to the motion to lay 
  on the table (Deschler Ch 18 Sec. 5.1) but remains renewable on a 
  subsequent day.


  Sec. 9 . Discharge of Resolutions of Disapproval; Statutory Motions

      Congressional disapproval actions, as expressed in joint, 
  concurrent or simple resolutions, are sometimes made subject, by 
  statute, to a motion to discharge after the lapse of a certain period 
  of time. For various examples, see Manual Sec. 1013.



[[Page 443]]

 
                       DISTRICT OF COLUMBIA BUSINESS

  Sec. 1. In General; Constitutional Background
  Sec. 2. Jurisdiction; When District Business is in Order
  Sec. 3. Privilege; Precedence
  Sec. 4. Consideration; Forms
  Sec. 5. -- Debate
  Sec. 6. Disposition of Unfinished Business
  Sec. 7. Procedure Under Home Rule Act
        Research References
          4 Hinds Secs. 3304-3311
          7 Cannon Secs. 872-880
          6 Deschler Ch 21 Sec. 5
          Manual Secs. 135, 899, 1013(4)
          U.S. Const. art. I Sec. 8


  Sec. 1 . In General; Constitutional Background

                                 Generally

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

                                 Home Rule

      Pursuant to its authority under this constitutional provision, 
  Congress provided in 1970 for the people of the District to be 
  represented in the House by a Delegate and for a Commission to report 
  to the Congress on the organization of the government of the District. 
  Pub. L. No. 91-405. In 1973, Congress passed the District of Columbia 
  Self-Government and Governmental Reorganization Act, also known as the 
  Home Rule Act. It reorganized the governmental structure of the 
  District, provided for a charter for

[[Page 444]]

  local government, delegated certain legislative powers to the 
  District, and implemented certain recommendations of the commission. 
  Pub. L. No. 93-198. 87 Stat. 774. As noted below (Sec. 7, infra), that 
  statute sets forth a procedure for congressional approval or 
  disapproval of certain actions by the District of Columbia Council. 
  See Secs. 303(b), 602(c), 604. See also Manual Sec. 1013(5). The Home 
  Rule Act reserved to Congress the authority to appropriate by law all 
  federal and local funds for the District of Columbia.


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

      All measures relating to the municipal affairs of the District, 
  with the exception of appropriation bills, fall within the 
  jurisdiction of the Committee on Government Reform and Oversight. Rule 
  X clause 1(g). The Committee on the District of Columbia was abolished 
  in January 1995. H. Res. 6.
      The House rules set apart the second and fourth Mondays in each 
  month for the consideration of District business, if claimed by the 
  committee, to be considered after the disposition of motions to 
  discharge and referral business on the Speaker's table. Rule XXIV 
  clause 8. District of Columbia business is in order on one of the 
  designated Mondays after other more privileged business, such as a 
  motion to suspend the rules, and the fact that the House has 
  considered some District business before such a motion does not affect 
  the eligibility of further such business after suspensions have been 
  completed. 98-2, Sept. 17, 1984, p 25523.
      District Day may be transferred to another day not specified in 
  the controlling rule either by unanimous consent or by special order 
  from the Committee on Rules. Deschler Ch 21 Sec. 5.12. Thus, District 
  business has been made in order on the fifth Monday of the month by 
  unanimous consent. 93-2, July 22, 1974, p 24472. The same procedure 
  may be used to permit the consideration of District business on days 
  of the week other than Mondays. 91-2, Dec. 3, 1970, p 39843.


  Sec. 3 . Privilege; Precedence

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

     Questions as to the privilege of the House. Deschler Ch 21 
         Sec. 5.3.
     Referral business on the Speaker's table. Deschler Ch 21 
         Sec. 5; Manual Sec. 899.
     Conference reports. 8 Cannon Sec. 3292; Deschler Ch 21 Sec. 5.
     A privileged resolution on the order of business from the 
         Committee on Rules. Deschler Ch 21 Sec. 5.4.
     Motions to suspend the rules. 98-2, Sept. 17, 1984, p 25523.

[[Page 445]]

     Motions to discharge a committee. 7 Cannon Sec. 872; Manual 
         Sec. 899.
     Motions to resolve into the Committee of the Whole for the 
         consideration of appropriation bills. 6 Cannon Secs. 716-718; 7 
         Cannon Sec. 876; Deschler Ch 21 Sec. 5.

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


  Sec. 4 . Consideration; Forms

                                 Procedure

      Business reported by committee relating to the District of 
  Columbia is normally taken up for consideration in the House. 87-2, 
  Sept. 24, 1962, pp 20489-521; 91-2, Dec. 3, 1970, p 39843. However, if 
  such business is on the Union Calendar, it may be considered in 
  Committee of the Whole. Deschler Ch 21 Sec. 5.7. Such business may be 
  considered in Committee of the Whole pursuant to motion (Deschler Ch 
  21 Sec. 5.9), by unanimous consent (Deschler Ch 21 Sec. 5.7), or 
  pursuant to a special order (Deschler Ch 21 Sec. 5.15). Such business 
  has usually been considered by unanimous consent in the House as in 
  Committee of the Whole, and this is so whether the bill is on the 
  Union Calendar or the Private Calendar. Deschler Ch 21 Secs. 5.7, 5.8.
      The question of consideration may not be raised against District 
  business generally, but may be raised against a particular bill when 
  presented. 4 Hinds Secs. 3308, 3309.

                               Private Bills

      When reported, private bills relating to the District of Columbia 
  may be called up for consideration on a District Monday. 4 Hinds 
  Sec. 3310; 7 Cannon Sec. 873; Deschler Ch 21 Sec. 5.10. A private bill 
  may also be considered, by unanimous consent, in the House as in the 
  Committee of the Whole. 92-2, Apr. 24, 1972, p 14000.

                                   Forms

                           Union Calendar Bills

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

[[Page 446]]

      Note: The motion to go into the Committee of the Whole is not 
  debatable, is not subject to amendment, and may not be laid on the 
  table or indefinitely postponed. See Committees of the Whole.

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

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

                 In the House as in Committee of the Whole

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


  Sec. 5 . -- Debate

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


  Sec. 6 . Disposition of Unfinished Business

      District business that is unfinished on a day assigned to the 
  committee with jurisdiction normally goes over to the next eligible 
  day for that committee. 4 Hinds Sec. 3306. Accordingly, unless the 
  previous question has been ordered, unfinished business on District 
  Day does not come again before the

[[Page 447]]

  House until the next District Day (Deschler Ch 21 Sec. 5.13), at which 
  time it must be affirmatively called up by the Member in charge. 
  Deschler Ch 21 Sec. 5.14. Unfinished business on one District Day does 
  not come up on the next District Day unless called up by the 
  committee. 4 Hinds Sec. 3307; 7 Cannon Secs. 879, 880; Manual 
  Sec. 899.


  Sec. 7 . Procedure Under Home Rule Act

      Under the District of Columbia Home Rule Act, the Congress retains 
  control over amendments to the District of Columbia Charter. Manual 
  Sec. 1013(5). An amendment to the District of Columbia Charter is 
  deemed repealed if within 35 days a joint resolution disapproving such 
  amendment is enacted. See Sec. 303(b) of the Act. Likewise, the 
  enactments of the District of Columbia Council, with certain 
  exceptions, are deemed repealed if the Congress within a specified 
  period enacts a joint resolution in disapproval thereof. Sec. 602(c). 
  In the House, such resolutions are referred to the Committee on 
  Government Reform and Oversight. Sec. 604(c). A privileged motion to 
  discharge that committee is authorized under certain circumstances 
  where matters affecting the District of Columbia Criminal Code are 
  involved. The motion is debatable under the hour rule. Sec. 604(d), 
  (e). The motion is privileged if made after the 20-day period 
  specified by the Home Rule Act. 97-1, Oct. 1, 1981, pp 22752-22767; 
  100-1, Oct. 14, 1987, p 27847.
      The present Home Rule Act requires that congressional disapproval 
  be expressed in a joint resolution (a concurrent resolution was 
  formerly permitted). 94-2, Sept. 22, 1976, p 30748. For a discussion 
  of the validity and constitutionality of resolutions of disapproval, 
  see Congressional Disapproval Actions.
      Disapproval resolutions are considered in the House unless the 
  enactment in question affects the U.S. Treasury, in which case they 
  are considered in the Committee of the Whole. See 96-1, Dec. 20, 1979, 
  p 7303.
      When the Oversight Committee has reported the resolution, or has 
  been discharged from its consideration, it is in order to move to 
  consider the resolution. This motion is highly privileged and is not 
  debatable or amendable. Sec. 604(g). Debate on the resolution is 
  limited to not more than 10 hours, to be equally divided. Motions to 
  further limit debate are permitted but are themselves not debatable. 
  The resolution is not subject to amendment or recommittal. 
  Sec. 604(h). Motions to postpone or to proceed to the consideration of 
  other business are not debatable. Sec. 604(i).



[[Page 449]]

 
                    DIVISION OF THE QUESTION FOR VOTING

              A. Generally

  Sec.  1. In General; Form
  Sec.  2. Tests of Divisibility
  Sec.  3. Demanding a Division

              B. Division of Particular Propositions

  Sec.  4. In General
  Sec.  5. Simple or Concurrent Resolutions
  Sec.  6. -- Resolutions Naming Two or More Individuals
  Sec.  7. -- Special Orders
  Sec.  8. Amendments
  Sec.  9. -- En Bloc Amendments
  Sec. 10. Motions to Strike
  Sec. 11. Motions to Strike and Insert
  Sec. 12. Motions to Suspend the Rules
  Sec. 13. Motions to Recommit
  Sec. 14. Motions to Table
  Sec. 15. Senate Amendments

              C. Consideration of Divided Propositions

  Sec. 16. In General
        Research References
          5 Hinds Secs. 6106-6162
          8 Cannon Secs. 3163-3176
          Manual Secs. 480-482, 791-793

                               A. Generally


  Sec. 1 . In General; Form

      A question which consists of two or more separable substantive 
  propositions is subject to a division of the question, if demanded 
  (Rule XVI

[[Page 450]]

  clause 6) so as to obtain a separate vote on each proposition. 89-1, 
  Aug. 18, 1965, p 20948; 95-1, Mar. 31, 1977, p 9847. The procedure is 
  applicable in the House as well as in the Committee of the Whole. 89-
  1, Aug. 18, 1965, p 20948; 93-2, Apr. 4, 1974, pp 9849, 9854, 9855. 
  Clause 6 provides:

      On the demand of any Member, before the question is put, a 
    question shall be divided if it includes propositions so distinct in 
    substance that one being taken away a substantive proposition shall 
    remain. . . .

      The rule contains provisos barring its application to special 
  orders of business from the Committee on Rules or to propositions 
  electing Members to standing or joint committees. Manual Sec. 791. The 
  entire rule may be suspended by the adoption of a resolution from the 
  Committee on Rules. 7 Cannon Sec. 775.


  Sec. 2 . Tests of Divisibility

      To be divided for a vote, a question must consist of at least two 
  separate and distinct propositions (94-1, Dec. 4, 1975, p 38717; 94-2, 
  Sept. 9, 1976, p 29538) both grammatically and substantively, so that 
  if one proposition is rejected a separate proposition will logically 
  remain. See 94-1, Mar. 20, 1975; 94-2, May 26, 1976, p 15506. Either 
  one being taken away a substantive proposition must remain upon which 
  action can be taken by the House. 8 Cannon Sec. 3165. In passing on a 
  demand for division the Chair considers only the severability of the 
  propositions and not the merits of the question presented. 5 Hinds 
  Sec. 6122.
      The requirement that there must be at least two substantive 
  propositions in order to justify division is strictly enforced. 5 
  Hinds Secs. 6108-6113. If either proposition, standing alone, is not a 
  distinct substantive proposition, the question is not divisible even 
  though each portion is grammatically complete. 7 Cannon Secs. 3165, 
  3167. However, in dividing a question into separate propositions, some 
  restructuring of the language used is in order. 5 Hinds Secs. 6114-
  6118; Manual Sec. 792.


  Sec. 3 . Demanding a Division

      A request for a division of the question does not require 
  unanimous consent. 94-1, June 19, 1975, p 19767. No motion is made. 
  98-1, Nov. 8, 1983, p 31477. The Member seeking a division rises and 
  addresses the Chair:

      Member: Mr. Speaker, I demand a division of the question.
      Speaker: The gentleman will indicate the proposition(s) on which 
    he desires a separate vote. . . .

[[Page 451]]

      Speaker: The gentleman requests a division, and that portion of 
    the amendment will be divided for a separate vote.
      [Or]
      Opponent: Mr. Speaker, I make the point of order that the question 
    is not susceptible of division, and that the portions indicated by 
    the gentleman do not constitute separate substantive propositions.
      Speaker: The Chair will hear the gentleman.

      A demand for a division of a question is in order after the 
  previous question has been ordered. 5 Hinds Secs. 5468, 6149; 8 Cannon 
  Sec. 3173. Under Rule XVI clause 6, the demand for a division is in 
  order before the question is put to the House for a vote. 94-1, Dec. 
  4, 1975, p 38717; 94-2, Sept. 9, 1976, p 29538. The question may not 
  be divided after it has been put (5 Hinds Sec. 6162) or after the yeas 
  and nays have been ordered (5 Hinds Secs. 6160, 6161). The demand is 
  likewise untimely if the question is one against which a point of 
  order has been raised and is pending. 8 Cannon Sec. 3432.
      A demand for a division of the question may be withdrawn; but this 
  is permitted only by unanimous consent once the Chair has put the 
  question on the first portion to be voted on. 94-2, Sept. 9, 1976, p 
  29540.


                  B. Division of Particular Propositions


  Sec. 4 . In General

           Generally; Distinction Between Bills and Resolutions

      Whether a division of the question may be demanded depends on the 
  nature of the pending matter and on whether it meets the tests of 
  divisibility (Sec. 2, supra) imposed by Rule XVI. Certain House 
  resolutions--whether simple or concurrent--are subject to the demand 
  when the question is put on agreeing thereto (Sec. 5, infra); but 
  bills and joint resolutions are not divisible on passage. A separate 
  vote may not be demanded on various provisions set forth in such a 
  measure (5 Hinds Secs. 6144-46; 8 Cannon Sec. 3172) or on its preamble 
  (5 Hinds Sec. 6147). Certain amendments, such as a compound motion to 
  strike (Sec. 10, infra) can be divided; but most other motions are not 
  divisible.
      A motion for the previous question on a proposition and an 
  amendment thereto is not divisible. Rule XVII clause 1; 101-2, Sept. 
  25, 1990, p ____. However, when the previous question is ordered on a 
  measure and a pending amendment, the vote comes first on the 
  amendment, then on the text as perfected or not. And when the previous 
  question has been ordered on adoption of a measure containing a series 
  of simple resolutions, they may be divided for a vote on demand. 5 
  Hinds Sec. 6149.

[[Page 452]]

      The question of engrossment and third reading of a bill under Rule 
  XXI clause 1 is not subject to a demand for a division of the 
  question. Under that clause engrossment and third reading is stated as 
  one question and if divided would not present two separate substantive 
  propositions under the rules of the House. 101-1, Aug. 3, 1989, p 
  ____.

                                  Appeals

      There may be a division of the question on an appeal from a 
  decision of the Speaker if the decision involves two or more separate 
  and distinct questions. 5 Hinds Sec. 6157.


  Sec. 5 . Simple or Concurrent Resolutions

      A simple or concurrent resolution may be subject to a demand for a 
  division of the question if it satisfies the test of divisibility 
  imposed by Rule XVI (see Sec. 2, supra). Thus, a concurrent resolution 
  on the budget is subject to a demand for a division of the question if 
  the resolution grammatically and substantively relates to different 
  fiscal years (96-2, May 7, 1980, pp 10185-87), or includes a separate, 
  hortatory section having its own grammatical and substantive meaning 
  (102-2, Mar. 5, 1992, p ____). It is in order to demand a division of 
  the question on agreeing to an impeachment resolution so as to obtain 
  a separate vote on each article. 6 Cannon Sec. 545.
      To be subject to a demand for a division of the question, a 
  resolution must present two or more separate and distinct substantive 
  propositions. It has been held that a resolution (1) censuring a 
  Member and (2) adopting the committee report recommending such censure 
  on the basis of the committee's findings, is not divisible since these 
  questions are substantially equivalent. 95-2, Oct. 13, 1978, p 37009. 
  An adjournment resolution which also authorizes the receipt of veto 
  messages from the President during the adjournment is not subject to a 
  division of the question, as the receipt authority would be 
  nonsensical standing alone. 94-2, June 30, 1976, p 21702.
      It is not in order to demand a division of the question on matters 
  that are merely incorporated by reference in the pending resolution. 
  For example, when a resolution to adopt a series of rules, referred to 
  but not made a part of the resolution, is before the House, it is not 
  in order to demand a separate vote on each rule. 5 Hinds Sec. 6159.


  Sec. 6 . -- Resolutions Naming Two or More Individuals

      While a resolution electing Members to standing or joint 
  committees is not divisible (clause 6, Rule XVI), other types of 
  resolutions relating to two or more named individuals may be divided 
  for the purpose of voting. 94-

[[Page 453]]

  1, Mar. 19, 1975, p 7344. Thus, a resolution confirming the nomination 
  of certain individuals to executive branch offices is subject to a 
  division of the question so as to obtain a separate vote on each 
  nominee. 94-1, Mar. 19, 1975, p 7344.
      A resolution relating to two or more named individuals may be 
  divided even though that may require a grammatical reconstruction of 
  the text. 5 Hinds Sec. 6121. A word that is a mere formality, such as 
  ``resolved,'' is sometimes supplied by interpretation of the Chair. 5 
  Hinds Secs. 6114-6118. However, a contempt resolution certifying three 
  persons in one resolve clause has been held not divisible. 74-2, May 
  28, 1936, p 8220. Recent practice suggests that in such cases separate 
  resolve clauses be drafted for inclusion in the resolution. 99-2, Feb. 
  27, 1986, pp 3050, 3061.


  Sec. 7 . -- Special Orders

      Resolutions reported from the Committee on Rules providing a 
  special order of business are not divisible, since a division of such 
  questions is prohibited by Rule XVI clause 6. Manual Sec. 792. 
  However, other types of special rules from the committee are subject 
  to a demand for a division where the resolution contains separate and 
  distinct substantive propositions as required by Rule XVI. (Tests of 
  divisibility, see Sec. 2, supra.) For example, a resolution reported 
  from that committee establishing two or more select committees is 
  subject to a demand for a division of the question. 100-1, Jan. 8, 
  1987, p 1036.


  Sec. 8 . Amendments

                                 Generally

      Rule XVI clause 6 permits a division of the question on an 
  amendment on the demand of any Member where the amendment is properly 
  divisible into two or more substantive propositions. 93-2, Apr. 4, 
  1974, pp 9849, 9854, 9855. A division is in order before the Chair 
  puts the question on the amendment if the amendment contains 
  propositions so distinct in substance that one being taken away, a 
  substantive proposition remains. 98-1, Nov. 8, 1983, p 31494. Thus, an 
  amendment offered to an appropriation bill, providing that no part of 
  the appropriation may be paid to named individuals, may be divided for 
  a separate vote on each name. 78-1, Feb. 5, 1943, p 645.

               Amendments Taken Up in Committee of the Whole

      The rule permitting a division of the question (Rule XVI clause 6) 
  is applicable to an amendment consisting of two or more substantive 
  propo-

[[Page 454]]

  sitions under consideration in the Committee of the Whole. 89-1, Aug. 
  18, 1965, p 20948; 93-2, Apr. 4, 1974, pp 9849, 9854, 9855. A request 
  for a division of the question on such an amendment may be made in the 
  Committee at any time before the Chair puts the question thereon. 5 
  Hinds Sec. 6162; 97-1, Oct. 21, 1981, p 24785. However, an amendment 
  reported to the House from the Committee of the Whole as an entire and 
  distinct amendment is not subject to a division of the question in the 
  House. 4 Hinds Secs. 4883-4892. A separate vote may not be demanded in 
  the House on an amendment adopted in the Committee to an amendment 
  unless specifically permitted by special order. 8 Cannon Secs. 2422, 
  2426, 2427; Manual Sec. 792. Generally, see Committees of the Whole.

               Perfecting Amendments; Substitute Amendments

      An amendment adding language to the pending text is divisible if 
  the language to be added contains two or more distinct propositions. 5 
  Hinds Secs. 6129, 6133. However, a substitute amendment is not subject 
  to a demand for a division of the question. 5 Hinds Sec. 6127; 8 
  Cannon Sec. 3168; 96-2, July 2, 1980, p 18292. The division of a 
  motion to strike out and insert is precluded by House rule. Sec. 11, 
  infra.
      A division of the question may be demanded on an amendment before 
  amendments are adopted thereto, or on the amendment as amended 
  (assuming that perfecting amendments or an adopted substitute do not 
  destroy the divisibility of the amendment as amended). 95-1, Oct. 19, 
  1977, p 34259.
      A negative vote on a motion to strike out a portion of a pending 
  amendment does not prevent a demand for a division of that portion of 
  the amendment if it is a separate proposition and therefore properly 
  severable. 89-1, Aug. 18, 1965, p 20956.


  Sec. 9 . -- En Bloc Amendments

      Consideration of several amendments en bloc by unanimous consent 
  or otherwise does not prevent a division of the question from being 
  demanded so as to obtain a separate vote on one of the amendments. 96-
  1, Dec. 14, 1979, p 36194. 102-1, July 18, 1991, p ____. In fact, a 
  Member may be permitted to offer several amendments en bloc and then 
  demand a division of the question for a separate vote on each one. 89-
  2, June 9, 1966, p 12881. However, amendments en bloc proposing only 
  to transfer appropriations among objects in a general appropriation 
  bill (without increasing the levels of budget authority or outlays in 
  the bill), when considered en bloc pursuant to Rule XXI, are not 
  subject to a demand for division of the question in the House or in 
  the Committee of the Whole. Clause 2(f) (adopted in 1995).

[[Page 455]]

  Sec. 10 . Motions to Strike

      A motion striking out various unrelated propositions may be 
  divided for purposes of voting. 8 Cannon Sec. 3166; 98-2, Mar. 28, 
  1984, p 6898. Thus, an amendment proposing to strike out two or more 
  sections of a pending amendment may be divided in order to obtain 
  separate votes on the proposal to strike out each section. 93-2, July 
  25, 1974, pp 25238, 25239. However, an amendment proposing to strike 
  out a provision in a bill--and to redesignate subsequent paragraphs 
  accordingly--is not subject to a demand for a division, since it 
  contains only one substantive proposition. 93-2, Dec. 10, 1974, p 
  38746.


  Sec. 11 . Motions to Strike and Insert

      Although a motion to insert may be divisible (Sec. 8, supra), the 
  division of a motion to strike out and insert is precluded by Rule XVI 
  clause 7. Manual Sec. 793. The indivisibility of a motion to strike 
  and insert under clause 7 of Rule XVI operates not only between the 
  branches of the motion but also within each branch. 8 Cannon 
  Sec. 3169. See also 5 Hinds Sec. 6124.
      A simple motion to strike may not be offered as a substitute for a 
  motion to strike certain words and insert others, as that would have 
  the effect of dividing the motion to strike out and insert. Manual 
  Sec. 793.


  Sec. 12 . Motions to Suspend the Rules

      A question being considered pursuant to a motion to suspend the 
  rules may not be divided for a vote. 5 Hinds Secs. 6141-6143; 8 Cannon 
  Sec. 3171. Although a proposition may be subject to a division of the 
  question under Rule XVI, it cannot be divided if Rule XVI is 
  suspended. 5 Hinds Sec. 6143. Generally, see Suspension of Rules.


  Sec. 13 . Motions to Recommit

      A motion to recommit with instructions is not subject to a demand 
  for a division of the question. It is not in order to demand a 
  separate vote even where the motion includes separate branches of 
  instructions to the reporting committee. 5 Hinds Secs. 6134-6137; 8 
  Cannon Sec. 3170; Manual Sec. 792. 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 
  substantially and grammatically distinct propositions. 103-1, June 29, 
  1993, p ____.
      Instructions in a motion to recommit a conference report may not 
  be divided (103-2, Sept. 29, 1994), but a division has been permitted 
  where

[[Page 456]]

  multiple motions are in order pursuant to Rule XXVIII clause 1(c), the 
  conferees having failed to report for 20 calendar days. 74-2, May 26, 
  1936, p 7951.


  Sec. 14 . Motions to Table

      Since a motion to lay on the table is a summary motion, its only 
  purpose being to defeat the pending proposition, it has been held that 
  the motion to table is not subject to a demand for a division of the 
  question. 5 Hinds Sec. 6140. A division of the question is not in 
  order even if the motion is applicable to two or more separate and 
  distinct propositions, such as a series of resolutions. 5 Hinds 
  Sec. 6138. A motion to table a resolution and pending amendments is 
  likewise indivisible. 5 Hinds Secs. 6139, 6140.


  Sec. 15 . Senate Amendments

                       Generally; Motions to Concur

      On the question of agreeing or disagreeing to a Senate amendment, 
  it is not in order to demand a division so as to vote separately on 
  different portions of the amendment. 5 Hinds Secs. 6151, 6156. The 
  amendment must be voted on as a whole. 8 Cannon Sec. 3175. However, 
  when two or more Senate amendments are considered in the House, a 
  separate vote may be had on each amendment. 8 Cannon Secs. 2383, 2400, 
  3191. After the stage of disagreement House rules permit separate 
  votes on nongermane portions of Senate amendments. Rule XXVIII clause 
  5. See Germaneness of Amendments.

                    Motions to Concur With an Amendment

      A House amendment proposed in a motion to concur in a Senate 
  amendment with an amendment is divisible if the proposed House 
  amendment is in divisible form. 98-2, Oct. 11, 1984, p 32188. But such 
  a motion may not be divided between concurring and amending. 8 Cannon 
  Sec. 3176. A motion to concur with an amendment adding a new provision 
  to a Senate amendment may not be divided where that provision is not 
  itself divisible substantively and grammatically under the same tests 
  that apply to any other amendment. 93-1, Aug. 3, 1973, pp 28124-26; 
  98-2, Oct. 11, 1984, p 32188. Tests for divisibility, see Sec. 2, 
  supra.
      A proposed House amendment to a Senate amendment is not divisible 
  if the House amendment is in the form of a motion to strike out and 
  insert (99-2, Oct. 15, 1986, p 32135), as such motions are 
  specifically indivisible under House rule (Sec. 11, supra).

[[Page 457]]

                       Motions to Recede and Concur

      A division may be demanded on a motion to recede from disagreement 
  and concur in a Senate amendment. 5 Hinds Sec. 6209; 8 Cannon 
  Secs. 3197-3199. The question having been divided and the House having 
  receded, a motion to amend takes precedence over the motion to concur 
  (5 Hinds Secs. 6209-6211; 8 Cannon Sec. 3198), even after the previous 
  question has been ordered on both motions (Manual Sec. 525).


                 C. Consideration of Divided Propositions


  Sec. 16 . In General

                Amendment and Debate; Putting the Question

      Where a division of the question has been demanded on separable 
  portions of a proposition subject to amendment, an amendment to any of 
  those portions may be offered until the Chair puts the question on the 
  first portion. 94-2, Sept. 9, 1976, p 29530. After a vote has been 
  taken on the first portion, the second is open to debate and amendment 
  unless the previous question is ordered. Manual Sec. 792.
      Where a division of the question is demanded on a separable 
  portion of an amendment, the Chair puts the question first on the 
  remaining portion of the amendment, and that portion on which a 
  division is demanded remains open for further debate and amendment. 
  Manual Sec. 482. If a division of the question is demanded on more 
  than one portion of an amendment, the Chair puts the question first on 
  the unaffected portions of the amendment (if any), then (after further 
  debate) on the first part on which a division is requested, and then 
  (after further debate) on the subsequent divisible portions. 97-1, 
  Oct. 21, 1981, p 24789. 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. 104-1, June 8, 1995, p ____.

                                  Voting

      A question having been divided for a vote, the vote may be taken 
  by one of the voting methods authorized by the House rules, such as a 
  voice vote or recorded vote. See Voting. In the House, a motion to 
  reconsider the vote will lie, but a separate motion to reconsider must 
  be offered with respect to each proposition voted on. 5 Hinds 
  Sec. 5609.



[[Page 459]]

 
                      ELECTION CONTESTS AND DISPUTES

  Sec. 1. In General
  Sec. 2. Jurisdiction and Powers
  Sec. 3. Parties
  Sec. 4. Consideration and Disposition
  Sec. 5. -- Dismissal
  Sec. 6. -- Debate and Voting; Amendment
        Research References
          1 Hinds Secs. 634-755
          6 Cannon Secs. 90-189
          2 Deschler Ch 9
          U.S. Const. art. I Sec. 5
          Manual Sec. 680a


  Sec. 1 . In General

      Contests for seats in the House are governed by the Federal 
  Contested Elections Act. 2 USC Secs. 381 et seq. This statute, enacted 
  in 1969, sets forth the procedure by which a defeated candidate may 
  have his claim to a seat adjudicated by the House. The act provides 
  for the filing of notice of contest and other proceedings, for the 
  taking of testimony of witnesses, and for a House Oversight committee 
  hearing on the depositions and other papers that have been filed with 
  the Clerk. 2 USC Secs. 381-396. Acting on committee reports, the 
  House, by resolution, then disposes of the case. See Sec. 4, infra.
      The grounds on which an election contest may be based and the 
  defenses available to the contestee, as well as the taking of 
  testimony and other procedures followed in determining the contest in 
  committee, are treated elsewhere. See Deschler Ch 9 and Ch 9 Appendix 
  for complete treatment of contested election cases beginning in the 
  65th Congress in 1917.
      Notwithstanding the availability of the statutory election contest 
  procedures discussed herein, some election disputes have been 
  presented directly to the House for consideration and committee 
  investigation. See for example

[[Page 460]]

  H. Rept. No. 99-58 (1985). An investigation of a challenged election 
  has been initiated pursuant to:

     Action by the House in directly referring the question of a 
         Member-elect's right to a seat to the Committee on House 
         Oversight (Deschler Ch 2 Sec. 6).
     A protest filed by an elector of the district concerned 
         (Deschler Ch 9 Sec. 17.1).
     A memorial filed by another person challenging the 
         qualifications of the Member-elect (Deschler Ch 9 Sec. 17.3).

  The latter two procedures have been rarely invoked, however, and they 
  preceded the adoption of the modern contested election statute.

      The right to a seat in the House may also be affected by House 
  action on a motion to expel, where a sitting Member's behavior or 
  conduct is at issue. Such motions are discussed elsewhere in this 
  work. See Misconduct; Sanctions.


  Sec. 2 . Jurisdiction and Powers

                                 Generally

      The Constitution authorizes each House to be the judge of the 
  elections, returns, and qualifications of its Members. U.S. Const. 
  art. I Sec. 5. Thus, the House is entitled to judge contested 
  elections involving its seats, and is not bound by agreement of the 
  parties or decisions of state tribunals. 6 Cannon Secs. 90-92. The 
  determination by the House as to the right to the seat is final, this 
  being considered a nonjusticiable political question. Roudebush v 
  Hartke, 405 US 15 (1972).
      Pursuant to the contested election statute, the House acquires 
  jurisdiction of an election contest upon the filing of a notice of 
  contest by a defeated candidate. Deschler Ch 9 Sec. 4.1. Ordinarily, 
  the papers relating to the contest are transmitted by the Clerk to the 
  Committee on House Oversight [formerly House Administration] pursuant 
  to the statute (2 USC Sec. 393(b)), without formal referral or other 
  action by the House (Deschler Ch 9 Sec. 4), that committee having 
  jurisdiction of election contests under the House rules. Rule X clause 
  1(h)(12). However, the House itself may initiate an election 
  investigation if a Member-elect's right to take the oath is challenged 
  by another Member, by referring the question to the committee. 
  Deschler Ch 2 Sec. 6. The House may also summarily dismiss a contest 
  by the adoption of a resolution providing therefor. Deschler Ch 9 
  Secs. 4.4, 4.5.
      Where two persons claim the same seat from the same district, the 
  House may refuse to permit either candidate to take the oath pending a 
  determination of their rights by the House. Deschler Ch 9 Sec. 4.3.

[[Page 461]]

      Election contests may be investigated by a special committee or by 
  subcommittees of the Committee on House Oversight (Deschler Ch 9 
  Secs. 5.2-5.4), or by ad hoc panels. See, for example, 95-1, May 9, 
  1977, p 13953.

                             Recounts of Votes

      To obtain an order from the House for a recount of votes in an 
  election contest, the contestant should show that he has exhausted 
  state court remedies to secure a recount under state law (Deschler Ch 
  9 Sec. 41.1), and that evidence and testimony have been taken in the 
  matter (Deschler Ch 9 Sec. 41.3). Although the committee with 
  jurisdiction has authority to require a recount of votes for a 
  contested seat in the House, the committee has declined to order such 
  a recount where the highest court of the state has conducted a recount 
  and where the contestant does not demonstrate that a recount would 
  change the result of the election. 96-2, Mar. 4, 1980, pp 4490, 4491.


  Sec. 3 . Parties

      Under the controlling statute, ``a candidate for election'' to the 
  House ``in the last preceding election'' is given the right to 
  initiate a contest by filing the notice required by law. 2 USC 
  Sec. 382a. The statute defines ``candidate'' to mean one whose name 
  was on the official ballot or who received write-in votes under 
  certain conditions. 2 USC Sec. 381b. Thus, a candidate in the primary 
  whose name was not on the ballot in the general election lacks the 
  requisite standing to initiate a contest, and this was true even under 
  the former contested election statute. Deschler Ch 9 Sec. 19; 90-1, 
  July 11, 1967, p 18290. Similarly, the House has dismissed a contest 
  filed by one who was a candidate in a special election to fill a 
  vacancy but not a candidate in the run-off election. 95-1, Oct. 27, 
  1977, p 35408.
      A lack of standing of contestant to initiate the contest is a 
  defense which may be raised, at the option of the contestee, by 
  motion. 2 USC Sec. 383(b).


  Sec. 4 . Consideration and Disposition

                         Precedence and Privilege

      Under the Constitution (art. I Sec. 5) and Rule XI clause 4(a), 
  the consideration of a contested election case is of high privilege (3 
  Hinds Secs. 2579, 2580), and takes precedence over the consideration 
  of veto messages from the President (5 Hinds Secs. 6641, 6642), 
  questions of privilege (3 Hinds Sec. 2626), special orders (3 Hinds 
  Sec. 2554), and business in order on Calendar Wednesday (8 Cannon 
  Sec. 2276).

[[Page 462]]

                          Resolutions and Reports

      The House generally disposes of election contests by acting on a 
  resolution which, under the modern practice, is reported from the 
  Committee on House Oversight. See 95-1, May 9, 1977, pp 13953, 13954 
  (dismissing several cases); 96-2, Mar. 4, 1980, p 4491. A resolution 
  is used to dispose of the case even where dismissal has been agreed to 
  by the parties pursuant to a stipulation. Deschler Ch 9 Sec. 52.5.
      Committee reports relating to the right of Members to their seats 
  are privileged and are so reported from the floor. Rule XI clause 
  4(a); 87-1, June 13, 1961, p 10160; 90-1, June 14, 1967, p 15858. 
  Resolutions disposing of an election contest are also privileged and 
  may be called up any time (Deschler Ch 9 Sec. 42.3; 86-1, Sept. 8, 
  1959, p 18610; 89-1, Sept. 17, 1965, p 24263), even though not 
  reported from committee (Deschler Ch 9 Sec. 42.4).
      The resolution may:

     Declare one of the parties entitled to the seat. Deschler Ch 9 
         Sec. 42.2; 90-1, July 11, 1967, p 18291; 99-1, Apr. 30, 1985, p 
         9801.
     Declare one of the parties to be not competent to bring the 
         contest. 89-1, Jan. 19, 1965, pp 951-957.
     Declare that neither party be admitted to the seat pending a 
         committee investigation. Deschler Ch 9 Sec. 42.15; 99-1, Jan. 
         3, 1985, p 381.
     Declare the seat vacant. Deschler Ch 9 Secs. 42.11, 42.12.
     Dismiss the contest. See Sec. 5, infra.
     Provide for payment or reimbursement from the contingent fund 
         for costs incurred in the contest or its investigation. 
         Deschler Ch 9 Secs. 45.1-45.6; 87-1, June 14, 1961, p 10391. 
         See also 2 USC Sec. 396, permitting the committee to allow any 
         party reimbursement for reasonable expenses in the case.


  Sec. 5 . -- Dismissal

      A motion to dismiss will lie under the Federal Contested Elections 
  Act to permit the contestee to interpose certain defenses to the 
  contestant's claim or notice of contest. 2 USC Sec. 383b. Such a 
  motion is acted on by the House pursuant to a privileged resolution 
  reported from the Committee on House Oversight. See 95-1, May 9, 1977, 
  p 13953; 96-2, Mar. 4, 1980, p 4491.
      Under this statute, the burden of proof is on the contestant to 
  present sufficient evidence, even prior to the formal submission of 
  testimony, to overcome the motion to dismiss. Deschler Ch 9 Sec. 35.7; 
  95-1, May 9, 1977, pp 13953, 13954; 99-1, July 24, 1985, p 20180. A 
  motion to dismiss will lie where the contestant has not adduced 
  evidence or forwarded testimony in the manner prescribed by law 
  (Deschler Ch 9 Secs. 25.1-25.5) or fails to demonstrate that there is 
  some documentable basis for his allegations (96-

[[Page 463]]

  1, Mar. 29, 1979, pp 6832, 6833). Under the statute, the contestant 
  has the burden of proving sufficient evidence to show that the result 
  of the election would be changed (95-1, May 9, 1977, p 13954), or that 
  the House should conduct a complete recount (99-1, Oct. 2, 1985, p 
  25665). Evidence that the contestant received more votes than the 
  contestee in a prior election is insufficient. 95-1, Oct. 27, 1977, p 
  35408. Merely suggesting the probability of error in the tabulation of 
  votes, without offering evidence of a change in the election result, 
  is likewise insufficient. 95-1, May 9, 1977, p 13954.


  Sec. 6 . -- Debate and Voting; Amendment

                                 Generally

      Resolutions disposing of election contests have been determined by 
  voice vote and without debate. Deschler Ch 9 Sec. 42.5. Normally, 
  however, debate on the resolution is under the hour rule, with 
  extensions of time permitted by unanimous consent. The debate may be 
  divided among certain Members, with the previous question to be 
  considered as ordered at the conclusion thereof. Deschler Ch 9 
  Sec. 42.9; 87-1, June 14, 1961, p 10371. The Member supporting the 
  recommendation of the committee majority in the contest is entitled to 
  close debate. Deschler Ch 9 Sec. 42.8.
      The resolution may be subject to demand for a division of the 
  question if its form permits (Deschler Ch 9 Sec. 42.14) and to a 
  motion to recommit with instructions (Deschler Ch 9 Sec. 42.16). If 
  the manager of the resolution yields for an amendment, he loses the 
  floor to the proponent of the amendment. 89-1, Sept. 17, 1965, p 
  24290. The resolution is not subject to a substitute amendment 
  therefor unless the Member controlling the time for debate yields for 
  that purpose or unless the previous question is voted down. Deschler 
  Ch 9 Sec. 42.17.

                       Participation by the Parties

      The parties to an election contest may be permitted on the floor 
  (under Rule XXXII) during the consideration of the case in the House. 
  Deschler Ch 9 Sec. 42.6; 89-1, Sept. 17, 1965, p 24267.
      A contestee, as a sitting Member, may participate in debate on the 
  resolution disposing of the contest (Deschler Ch 9 Sec. 42.7) or 
  insert remarks in the Record (89-1, Sept. 17, 1965, p 24285), and he 
  may vote on the resolution (99-1, Oct. 2, 1985, p 25670).



[[Page 465]]

 
                            ELECTION OF MEMBERS

  Sec. 1.  In General
  Sec. 2.  Campaign Practices
  Sec. 3.  Certificates of Election
  Sec. 4.  Resignations; Filling Vacancies
        Research References
          1 Hinds Secs. 277-633
          6 Cannon Secs. 38-89
          2 Deschler Ch 8
          U.S. Const. art. I Sec. 5 clause 1


  Sec. 1 . In General

                                 Generally

      Although Congress has enacted extensive legislation to protect the 
  right to vote and to secure the process against fraud, bribery, and 
  illegal conduct, the actual mechanism for conducting and holding 
  congressional elections has been left largely to the states. Deschler 
  Ch 8 Secs. 5, 7. However, under the Constitution, the ultimate 
  validity of elections rests on determinations by the House and Senate 
  as final judges of the elections and returns of their respective 
  Members (U.S. Const. art. I Sec. 5 clause 1). Deschler Ch 8 Sec. 5. 
  Therefore, where the conduct of election officials or of candidates 
  and their agents constitutes fraud or illegal control of election 
  machinery, the House or Senate may void an election and refuse to 
  administer the oath to a Member-elect. Deschler Ch 8 Sec. 7. See 
  Deschler Ch 8 for complete treatment of elections and election 
  campaigns.

                     Apportionment and Reapportionment

      Since the admission of Alaska and Hawaii to statehood, the total 
  membership of the House has remained fixed by statute at 435 seats. 
  Manual Sec. 227. By law, these 435 seats are automatically apportioned 
  among the states according to each decennial census. 2 USC Sec. 2a. 
  Under this law, a statistical model known as the ``method of equal 
  proportions'' is used to determine the number of Representatives to 
  which each state is entitled. While other methods for apportioning 
  House seats may be permitted, Congress' choice of the equal 
  proportions method has been upheld under the Constitution and was 
  plainly intended to reach as close as practicable to the goal of ``one 
  person, one vote.'' Com. of Mass. v Mosbacher, D. Mass.,

[[Page 466]]

  785 F Supp 230 (1992), reversed on other grounds 112 S. Ct. 2767. 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.
      Reapportionment proposals have been considered in the House, but 
  have no privileged status under the Constitution and cannot interrupt 
  the regular proceedings of the House. Deschler Ch 8 Sec. 2. 
  Reapportionment legislation has also been considered in the Committee 
  of the Whole. Deschler Ch 8 Sec. 2.5. Proposals relating to 
  apportionment are within the jurisdiction of the Committee on the 
  Judiciary. Manual Sec. 679a.


  Sec. 2 . Campaign Practices

      The power of Congress to regulate the election process extends to 
  the regulation of campaign practices. Deschler Ch 8 Sec. 10. The 
  Federal Election Campaign Act established a new and comprehensive code 
  for campaign practices and expenditures, and contains provisions for 
  investigations and enforcement. 2 USC Secs. 431 et seq.
      The Federal Election Commission is the agency of U.S. government 
  empowered with primary jurisdiction with respect to administration, 
  interpretation and civil enforcement of the Federal Election Campaign 
  Act. Federal Election Com'n v American Intern. Demographic Services, 
  Inc., 629 F Supp 317 (1986). But the House itself has the power to 
  judge elections and to determine whether a candidate was improperly 
  elected to a seat. If violations of the election campaign statutes are 
  so extensive as to render an election void, the House may deny the 
  right to a seat. Deschler Ch 8 Sec. 12.
      The Committee on House Oversight has general jurisdiction over 
  measures relating to the election of the President, Vice President, or 
  Members of Congress and over measures relating to the raising, 
  reporting, or use of campaign contributions for House candidates. Rule 
  X clause 1(h). Investigations of specific elections or election 
  practices are usually undertaken pursuant to committee action. (See, 
  for example, 99-1, Apr. 30, 1985, p 9801 [ballot recount].) 
  Investigations of Members' elections may be conducted under the 
  statutory election-contest procedures (see Election Contests and 
  Disputes), or pursuant to a privileged resolution reported from the 
  Committee on Rules (93-2, Aug. 21, 1974, p 29653) or offered on the 
  floor of the House as questions of privilege. Manual Sec. 662. 
  However, investigations have also been undertaken by select committees 
  created to review election campaigns and proceedings. Such committees 
  have been created by privileged resolution reported from the Committee 
  on Rules. 92-2, Feb. 28, 1972, p 5717; 93-1, Jan. 15, 1973, p 1058; 
  93-1, Mar. 15, 1973, p 7957.

[[Page 467]]

      A Member's resignation during the investigation effectively 
  terminates the investigation, since the Committee on House Oversight 
  (formerly House Administration) has no further jurisdiction in the 
  matter thereafter. See 95-1, May 4, 1977, p 13391.
      A resolution from the Committee on House Oversight relative to the 
  right of a Member to his seat, after investigation of his campaign, is 
  reported and considered as privileged. See Rule XI clause 4(a); 
  Deschler Ch 8 Sec. 13.5. See also 99-1, Apr. 30, 1985, p 9801.


  Sec. 3 . Certificates of Election

      Certificates of election are issued by each state after 
  congressional elections have been conducted and the results tabulated. 
  The certificates, also termed ``credentials'' are sent to the Clerk of 
  the House for use in composing the Clerk's roll. While the certificate 
  is not essential to the administration of the oath, any Member or 
  Member-elect has the right to object thereto, by delivering a 
  challenge either to the validity of the election or to the validity of 
  the certificate itself. Deschler Ch 8 Sec. 15. Challenging the 
  administration of the oath, see Oaths.
      The House (and not the Speaker or other official) determines 
  whether a Member may be sworn in after an election certificate has 
  been challenged. If a challenge has been directed to a mere 
  irregularity in the form of the certificate, the House will ordinarily 
  seat the Member-elect and declare him finally entitled to the seat. 
  See Deschler Ch 8 Sec. 17.1. But if a certificate is challenged 
  through an election contest or by the allegation of election 
  irregularities, the House may authorize the Member-elect to be sworn 
  but provide that his final right to the seat be referred to committee. 
  That procedure is often followed where a certificate is on file in 
  order not to deprive a state of representation in the House resulting 
  from protracted proceedings. Deschler Ch 8 Sec. 16.4. Still another 
  procedural option that may be pursued by the House is for it to 
  declare that neither candidate be sworn and that the question of prima 
  facie and final right to the seat be referred to committee. 99-1, Jan. 
  3, 1985, p 381.
      A circumstance which may require the nullification of a 
  certificate is the intervening death or disappearance of the Member-
  elect named therein. 93-1, Jan. 3, 1973, pp 15, 16.
      The House does not always require a certificate in seating a 
  Member-elect. If he appears without a certificate but his election is 
  uncontested and unquestioned, the House may authorize him to be sworn 
  by unanimous consent. 92-1, May 27, 1971, p 17231; 97-1, July 28, 
  1981, p 17686. A photographic copy of the original certificate has 
  been accepted without invoking

[[Page 468]]

  the unanimous-consent procedure. 97-1, July 9, 1981, p 15215. In some 
  cases where a certificate is delayed, the state of representation will 
  deliver informal communications to the House attesting to the validity 
  of the election of the Member-elect; the House may accept such 
  communications in the absence of a certificate. 88-1, Oct. 30, 1963, p 
  20612; 89-2, Mar. 30, 1966, p 7219; 95-2, Feb. 21, 1978, p 3852. Even 
  where a Member-elect arrives without a certificate and his election is 
  disputed, the House may by resolution authorize him to be sworn in. 
  Deschler Ch 8 Sec. 17.2.


  Sec. 4 . Resignations; Filling Vacancies

      A Member properly submits his resignation to an official 
  designated by state law and simply informs the House of his doing so, 
  the latter communication being satisfactory evidence of the 
  resignation. 1 Hinds Sec. 567; 103-1, Jan. 21, 1993, p ____.
      Where a vacancy arises in the House by death, resignation, 
  declination, or action of the House, the vacancy must be officially 
  declared in order that a special election may be held. Usually, the 
  state executive declares the vacancy to exist, particularly in cases 
  of death, declination, or resignation. Deschler Ch 8 Sec. 9. If a 
  Governor does not recognize the existence of a vacancy, such as in the 
  case of a presumed death not susceptible of proof, the House itself 
  may initiate the action to have the seat declared vacant. 93-1, Jan. 
  3, 1973, pp 15, 16. Such a declaration is proper where independent 
  House action has created a vacancy by expulsion or exclusion of a 
  Member. Deschler Ch 8 Sec. 9. In such cases, the House, by privileged 
  resolution, directs the Speaker to notify the state executive. Manual 
  Sec. 22. The state executive is also notified where the Member resigns 
  directly to the Speaker, rather than to the Governor of his home state 
  as is customary.
      A resolution declaring a seat vacant is used where a Member-elect 
  is unable to take the oath or to resign due to an incapacitating 
  illness. 97-1, Feb. 24, 1981, pp 2916-2918. In this 1981 instance, a 
  letter to the Speaker from the attending physician was inserted in the 
  Record to document the physical condition of the Member-elect. The 
  letter stated that she was in a coma and would be unable to take the 
  oath.



[[Page 469]]

 
        ELECTORAL COUNTS--SELECTION OF PRESIDENT AND VICE PRESIDENT

  Sec. 1. In General; Election of President by House
  Sec. 2. Joint Sessions
  Sec. 3. Consideration and Voting
  Sec. 4. Presidential Disability; Filling Vice Presidential Vacancies
        Research References
          3 Hinds Secs. 1911-1980
          6 Cannon Secs. 438-441
          3 Deschler Ch 10
          U.S. Const. amend. XII


  Sec. 1 . In General; Election of President by House

      Both the House and Senate formally participate in the process by 
  which the President and Vice President are elected. Congress is 
  directed by the Constitution to receive and, in joint session, count 
  the electoral votes certified by the states. If no candidate receives 
  a majority of the electoral vote, the House is directed to elect the 
  President, while the Senate is directed to elect the Vice President. 
  U.S. Const. amend. XII. Manual Sec. 219.
      The House has on two occasions, in 1801 and 1825, proceeded to 
  elect a President where no candidate had a majority of electoral 
  votes. 3 Hinds Secs. 1983, 1985. Both Thomas Jefferson and John Quincy 
  Adams were chosen after prolonged debate and repeated ballots in the 
  House. Under both the original constitutional provision and the 12th 
  Amendment, balloting was by states, with each state having one vote.
      There have been rare instances in which the result of the 
  electoral vote has differed from the result of the popular vote. See, 
  for example, 3 Hinds Secs. 1953-1956. Generally, however, the 
  electoral vote has followed the popular vote because of the manner in 
  which electors are chosen under state law. Deschler Ch 10 Sec. 1.
      Under the electoral college system, the electors prepare certified 
  lists of all persons voted for as President and Vice President. The 
  certificates are transmitted to the seat of government and directed to 
  the President of the Senate. U.S. Const. amend. XII. Certificates 
  identifying the electors are prepared and transmitted pursuant to 
  statute (3 USC Sec. 6).
      Under earlier procedure bills relating to the electoral vote count 
  were considered of high constitutional and parliamentary privilege. 3 
  Hinds

[[Page 470]]

  Sec. 2578. Resolutions relating to the method of examining the 
  electoral votes (3 Hinds Sec. 2573) or to procedural irregularities (3 
  Hinds Sec. 2576) or fraud (3 Hinds Sec. 2577) in connection therewith, 
  were also considered as privileged. Following enactment in 1948 of a 
  law (3 USC Secs. 15-18) governing the counting of electoral votes in 
  Congress, these precedents became largely obsolete since a mechanism 
  exists to address those procedures.


  Sec. 2 . Joint Sessions

      The House and Senate meet in joint session to count the electoral 
  vote. 87-1, Jan. 6, 1961, p 277; 93-1, Jan. 3, 1973, p 30; 97-1, Jan. 
  5, 1981, pp 192, 193. The joint session is provided for by concurrent 
  resolution which merely ratifies the requirement in law for a joint 
  session on January 6 at one o'clock p.m. to count the electoral vote. 
  Deschler Ch 10 Sec. 2.1 (form); 91-1, Jan. 3, 1969, p 36. This 
  resolution is considered as privileged. 3 Hinds Secs. 2573-2577; 97-1, 
  Jan. 5, 1981, p 114. The resolution sets forth the provisions of the 
  United States Code (3 USC Sec. 15) which specify the procedures to be 
  followed. These provisions are in effect a joint rule of the two 
  Houses for the occasion and apply in the joint session and in the 
  event they divide to consider an objection. 91-1, Jan. 6, 1969, pp 
  145-147, 169-172.
      The Speaker may be authorized to declare a recess in connection 
  with the joint session (Deschler Ch 10 Sec. 2.2) and he may decline to 
  recognize for one-minute speeches or extensions of remarks before 
  recessing for that purpose (Deschler Ch 10 Sec. 2.3; 91-1, Jan. 6, 
  1969, p 145).


  Sec. 3 . Consideration and Voting

                                 Generally

      A joint session to count the electoral votes is presided over by 
  the President of the Senate (3 USC Sec. 15). In his absence, the 
  President pro tempore of the Senate presides and calls the session to 
  order. Deschler Ch 10 Sec. 2.5. The electoral votes are counted by 
  tellers (Deschler Ch 10 Secs. 3.1-3.4) who have been appointed on the 
  part of the House by the Speaker (87-1, Jan. 3, 1961, p 26; 89-1, Jan. 
  4, 1965, p 26; 95-1, Jan. 6, 1977, p 312) and on the part of the 
  Senate by the Vice President (87-1, Jan. 4, 1961, p 72). The 
  certificates of votes given by the electors are opened by the 
  President of the Senate and handed to the tellers, who read them in 
  the presence and hearing of the two Houses. Deschler Ch 10 Sec. 1.
      The certificates and other papers relating to the electoral count 
  are presented and acted on in alphabetical order by states (3 USC 
  Sec. 15). Where certificates have been received from both the 
  Democratic and Republican

[[Page 471]]

  slates of electors from a state, and each slate purports to be the 
  duly appointed electors from that state, the Vice President presents 
  the certificates, with all attached papers, in the order in which they 
  have been received. 87-1, Jan. 6, 1961, p 288.
      Where there are conflicting electoral certificates from the same 
  state, the two Houses meeting in joint session may by unanimous 
  consent determine which certificate is to be accepted as valid; and 
  the tellers may then be directed to count the votes in the certificate 
  deemed valid. 87-1, Jan. 6, 1961, pp 288-291.

                                 Objections

      In the event that a timely objection in proper form is raised in 
  connection with the count, the joint session divides, the objection to 
  be considered by each House meeting in separate session. Deschler Ch 
  10 Sec. 3.6. After the two Houses have divided, a motion to lay the 
  objection on the table is not in order. Deschler Ch 10 Sec. 3.7; 91-1, 
  Jan. 6, 1969, pp 145-147, 169-172. The controlling statute provides 
  for the procedure to be followed in debate after the two Houses have 
  separated. 3 USC Sec. 17. In one instance, the Senate agreed by 
  unanimous consent to modify the terms of the statute with respect to 
  the division of time for debate. Deschler Ch 10 Sec. 3.8.
      If both the House and Senate or either of them, reject the 
  objection, the Presiding Officer of the joint session directs the 
  tellers to record the votes as submitted. 91-1, Jan. 6, 1969, pp 145-
  147, 169-172.


  Sec. 4 . Presidential Disability; Filling Vice Presidential Vacancies

      In addition to its responsibilities in ascertaining and counting 
  the electoral votes cast for President and Vice President, Congress 
  has the duty, under the Constitution, of determining disputes as to 
  Presidential disability. U.S. Const. amend. XXV Secs. 3, 4. Messages 
  relating to Presidential incapacity are laid before the House. In 
  1985, the Speaker laid before the House two communications from the 
  President of the United States advising (1) of the President's 
  temporary period of incapacity of discharging the Constitutional 
  powers and duties of the Office of President and directing that the 
  Vice President discharge those duties in his stead and (2) a 
  subsequent Presidential determination of his ability to resume those 
  powers and duties. 99-1, July 15, 1985, p 18955.
      The House and Senate also act on the nomination of a Vice 
  President to fill a vacancy. The Constitution provides that in such 
  cases the President shall nominate a Vice President who shall take 
  office upon confirmation by a majority vote of both Houses. U.S. 
  Const. amend. XXV Sec. 2. Messages from the President transmitting his 
  nomination of a Vice President under

[[Page 472]]

  this provision are laid before the House by the Speaker. The 
  nomination is referred to the Committee on the Judiciary, which has 
  jurisdiction over matters relating to Presidential succession. 93-1, 
  Oct. 13, 1973, p 34032 (nomination of Gerald R. Ford as Vice 
  President); 93-2, Aug. 20, 1974, p 29366 (nomination of Nelson A. 
  Rockefeller as Vice President). The House and Senate consider the 
  nomination by acting separately on simple resolutions. Deschler Ch 10 
  Sec. 4.3.



[[Page 473]]

 
                         GERMANENESS OF AMENDMENTS

              A. Generally

  Sec.  1. Introduction
  Sec.  2. Germaneness Defined; Factors To Be Considered
  Sec.  3. Proposition to Which Amendment Must Be Germane
  Sec.  4. Tests of Germaneness
  Sec.  5. -- Subject Under Consideration as Test
  Sec.  6. -- Committee Jurisdiction as Test
  Sec.  7. -- Fundamental Purpose as Test
  Sec.  8. -- Accomplishing Result of Bill by Different Method
  Sec.  9. -- Individual Proposition or Class Not Germane to Another
  Sec. 10. -- General Amendments to Specific or Limited Propositions
  Sec. 11. -- Specific Amendments to General Propositions
  Sec. 12. -- Adding to Two or More Propositions
  Sec. 13. Appropriation Bills

              B. Application of Rule to Particular Forms of Amendment

  Sec. 14. In General
  Sec. 15. Amendments to Particular Portion of Bill
  Sec. 16. Adding New Section or Title
  Sec. 17. Striking Out Text
  Sec. 18. Substitute Amendments
  Sec. 19. Committee Amendments
  Sec. 20. Recommittals; Instructions to Committees

              C. Amendments Imposing Qualifications or Limitations

  Sec. 21. In General; Exceptions or Exemptions
  Sec. 22. Conditions or Qualifications
  Sec. 23. Restrictions or Limitations
  Sec. 24. -- Limitations on Discretionary Powers
  Sec. 25. -- Restrictions on Use of Funds
  Sec. 26. Postponing Effectiveness Pending Contingency

              D. Relation to Existing Law

  Sec. 27. Amendments to Bills Amending Existing Law

[[Page 474]]

  Sec. 28. Amendments to Bills Repealing Existing Law
  Sec. 29. Amendments to Bills Incorporating Other Laws
  Sec. 30. Amendments to Bills Continuing or Extending Existing Laws
  Sec. 31. Amendments Changing Law to Bills Not Changing That Law

              E. House-Senate Relations

  Sec. 32. Senate Germaneness Rules
  Sec. 33. Motions to Instruct Conferees
  Sec. 34. Senate Provisions in Conference Reports and in Amendments in 
  Disagreement
  Sec. 35. Amendments to Senate Amendments

              F. Procedural Matters; Points of Order

  Sec. 36. In General
  Sec. 37. Waiver of Points of Order
  Sec. 38. Timeliness of Points of Order
  Sec. 39. Debate on Points of Order
  Sec. 40. Anticipatory and Hypothetical Rulings
        Research References
          5 Hinds Secs. 5801-5924
          8 Cannon Secs. 2908-3064
          10, 11 Deschler-Brown Ch 28
          Manual Secs. 467, 794-800


                               A. Generally


  Sec. 1 . Introduction

                             Evolution of Rule

      It is a fundamental rule of the House that a germane relationship 
  must exist between an amendment and the matter sought to be amended. 
  No such rule existed under the practice of the early common law nor 
  under rules of Parliament. A legislative assembly could by an 
  amendment change the entire character of any bill or other pending 
  proposition. It might entirely displace the original subject under 
  consideration, and in its stead adopt one wholly foreign to it, both 
  in form and in substance. 5 Hinds Sec. 5825.
      The House adopted its first germaneness rule in 1789, amended it 
  in 1822, and has adopted the rule in every Congress since that date. 
  Today the rule states that no motion or proposition on a ``subject 
  different from

[[Page 475]]

  that under consideration shall be admitted under color of amendment.'' 
  Rule XVI clause 7. Manual Sec. 794. Most state legislatures also have 
  germaneness requirements. The purpose of the rule is to maintain an 
  orderly legislative process, and to prevent hasty and ill-considered 
  legislation. It prevents the presentation to the House of propositions 
  that might not reasonably be anticipated, and for which it might not 
  be properly prepared. 8 Cannon Sec. 2993.
      It should be noted at the outset that the germaneness rule, 
  however important it may be to the legislative process, is not self-
  enforcing. It is deemed waived if no Member raises a point of order 
  against it; and the rule is frequently waived through the adoption by 
  the House of a special rule from the Committee on Rules. Sec. 37, 
  infra.

               Application of Rule as Limited to Amendments

      The germaneness rule applies to amendments to a bill and not to 
  the relationship between the various propositions set forth within the 
  bill itself. 5 Hinds Sec. 6929. Deschler-Brown Ch 28 Sec. 1. While a 
  committee may report a bill embracing different subjects, it is not in 
  order during consideration of a bill to introduce a new subject by way 
  of amendment. 5 Hinds Sec. 5825. A point of order will not lie that an 
  appropriation in a general appropriation bill is not germane to the 
  rest of the bill. 88-1, Dec. 16, 1963, p 24753.

                  Application Prior to Adoption of Rules

      The germaneness requirement has been held applicable in the House 
  even prior to the adoption of the rules under a theory of general 
  parliamentary law based upon precedent. An amendment offered prior to 
  the adoption of the rules may be subject to a point of order if it is 
  not germane to the proposition to which offered. 91-1, Jan. 3, 1969, p 
  23.


  Sec. 2 . Germaneness Defined; Factors To Be Considered

                                In General

      When it is objected that a proposed amendment is not in order 
  because it is not germane, the meaning of the objection is simply that 
  the amendment is on a ``subject different'' from that under 
  consideration. This is the test of admissibility prescribed by the 
  express language of Rule XVI clause 7.
      For an amendment to be germane it must be one that would 
  appropriately be considered in connection with the bill. 8 Cannon 
  Sec. 2993. The concept implies more than the mere ``relevance'' of one 
  subject to another. It is frequently stated that the fact that two 
  subjects are related does not necessarily render them germane to each 
  other. 8 Cannon Secs. 2970, 2971, 2995; 82-1, May 24, 1951, p 5832. 
  The germaneness of an amendment may

[[Page 476]]

  depend, for example, on the relative scope of the amendment as 
  compared with that of the proposition sought to be amended. A 
  proposition of narrow or limited scope may not be amended by a 
  proposition of a more general nature, though both propositions are 
  related to each other. Sec. 10, infra. To a bill authorizing emergency 
  loans to livestock producers, an amendment changing the word 
  ``livestock'' to ``agricultural'' was held to broaden the class of 
  producers covered by the bill and, therefore, not germane. Deschler-
  Brown Ch 28 Sec. 9.27.

               Factors Considered in Determining Germaneness

      In evaluating an amendment to determine its germaneness, the Chair 
  considers the relationship of the amendment to the pending text, as 
  perfected (90-2, July 23, 1968, p 22789), and not the relationship 
  between the amendment and an existing statute which the pending bill 
  seeks to amend (90-1, Oct. 11, 1967, p 28649) unless the existing 
  statute is so comprehensively amended by the pending bill as to call 
  into question all its provisions (8 Cannon Sec. 2942). The Chair 
  considers the relationship of the amendment to the text to which it is 
  offered and does not rely on language in accompanying reports not 
  contained in the pending text. 95-2, Oct. 6, 1978, p 34111.
      The stage of the reading in the House or Committee of the Whole 
  must also be considered when passing on the germaneness of a 
  particular amendment. An amendment that might be considered germane if 
  offered at the end of the reading of the bill for amendment may not be 
  germane if offered during the reading, before all the provisions of 
  the bill are open to consideration. 91-1, Oct. 3, 1969, p 28442. See 
  also Sec. 3, infra.
      The germaneness of an amendment is not to be judged by the 
  apparent motives of the Member offering it. 98-2, May 30, 1984, pp 
  14493-96. In ruling on germaneness, the Chair does not construe the 
  legal effect of the bill, law, or amendment in question, but only 
  rules on whether the amendment addresses a ``subject different'' from 
  that under cnsideration. 98-2, June 26, 1984, pp 18842, 18846, 18847.
      The title or heading of a bill may be considered but is not 
  controlling in determining the question of germaneness of amendments 
  offered to propositions in the bill. 92-1, Nov. 4, 1971, pp 39323-29. 
  The scope of a measure is determined by its provisions and not by the 
  phraseology of its formal title. 94-1, Sept. 18, 1975, p 29334. Thus, 
  the heading of a portion of a bill as ``Miscellaneous'' will not alone 
  permit amendments to that portion that are not germane to its actual 
  content; but the provisions under such a heading may be sufficiently 
  diverse to permit an amendment to be tested by its germaneness to the 
  bill as a whole. 96-1, Apr. 10, 1979, pp 8032, 8034-37.

[[Page 477]]

  Sec. 3 . Proposition to Which Amendment Must Be Germane

                                 Generally

      The germaneness of an amendment is tested by its relationship to 
  the particular portion of the bill to which offered. 90-1, Oct. 11, 
  1967, p 28649; 92-1, Oct. 14, 1971, pp 36194, 36211. Deschler-Brown Ch 
  28 Sec. 2. The amendment should be germane to the particular paragraph 
  or section to which it is offered (5 Hinds Secs. 5811-5820; 8 Cannon 
  Sec. 2922; 92-1, Oct. 14, 1971, pp 36194, 36211; 99-2, Sept. 19, 1986, 
  p 24730; Manual Sec. 795) and not anticipate the subject matter of 
  other titles not yet read. 101-2, July 31, 1990, p ____. Likewise, the 
  test of germaneness of an amendment offered to a bill being read for 
  amendment by titles is its relationship to the pending title as 
  perfected (96-1, Apr. 9, 1979, pp 7750, 7752, 7755-57) and not to the 
  particular section addressed by an amendment (102-1, June 25, 1991, p 
  ____). But where an amendment in the form of a new title is offered 
  after the reading of several diverse titles on a general subject, it 
  is sufficient that the amendment be germane to those titles or to the 
  bill as a whole. 92-1, Nov. 4, 1971, p 39267; 99-2, Sept. 19, 1986, pp 
  24731-69. Similarly, an amendment in the form of a new section need 
  not necessarily be germane to the preceding section of the bill, it 
  being sufficient that the amendment relate to the provisions of the 
  bill read to that point. By the same reasoning, an amendment in the 
  form of a new paragraph need not necessarily be germane to the 
  paragraph immediately preceding or following it. 8 Cannon Secs. 2932-
  2935. See also 93-2, July 2, 1974, p 22029; Manual Sec. 795.

                     Amendments to Pending Amendments

      The test of germaneness of an amendment to a pending amendment is 
  its relationship to the pending amendment and not to the bill to which 
  that pending amendment has been offered. 94-1, July 22, 1975, p 23990; 
  94-1, Oct. 2, 1975, p 31487. It follows that the test of germaneness 
  of a substitute for a pending amendment is the relationship between 
  the substitute and the amendment, and not between the substitute and 
  the pending bill. 92-1, Nov. 4, 1971, p 39302. Similarly, the test of 
  germaneness of an amendment to an amendment in the nature of a 
  substitute is the relationship between those two propositions, and not 
  between the amendment and the pending bill. 93-1, July 19, 1973, pp 
  24962, 24963; 96-2, Nov. 13, 1980, pp 29523-28.

[[Page 478]]

                       Consideration of Entire Bill

      An amendment may be germane to more than one portion of a bill. 
  93-2, Mar. 27, 1974, pp 8508, 8509; 96-2, May 21, 1980, pp 11972, 
  11973. Indeed, it may be necessary to evaluate the entire text when 
  passing on the germaneness of a particular amendment. On the other 
  hand, an amendment might be considered germane at the end of the 
  reading of the bill for amendment even though it would not have been 
  germane if offered during the reading, before all the provisions of 
  the bill were open to consideration. 91-1, Oct. 3, 1969, p 28442. 
  Where a bill is, by unanimous consent, considered as read and open to 
  amendment at any point, the test of germaneness of an amendment 
  thereto is its relationship to the entire bill and not just the 
  particular section to which offered. 94-1, Sept. 29, 1975, pp 30761-
  68; 99-2, Jan. 30, 1986, pp 1045, 1049, 1050-52; Manual Sec. 795.

                        Effect of Prior Amendments

      In passing on the germaneness of an amendment, the Chair considers 
  the relationship of the amendment to the bill as modified by prior 
  amendment (90-1, June 8, 1967, p 15159; 93-2, Oct. 8, 1974, pp 34415, 
  34416; 94-1, Apr. 23, 1975, p 11550), and is not bound solely by the 
  provisions of the original text. Thus, a perfecting amendment may be 
  ruled out as not germane where it pertains to text that has been 
  stricken from the bill. 87-2, July 12, 1962, p 13431.

                  Effect of Pendency of Motion to Strike

      Perfecting amendments to a title in a bill may be offered while 
  there is pending a motion to strike out the title, and are required to 
  be germane to the text to which offered, not to the motion to strike 
  out. 91-1, Oct. 3, 1969, p 28454.


  Sec. 4 . Tests of Germaneness

                     Generally; Exclusiveness of Tests

      Various tests may be invoked to determine the germaneness of an 
  amendment. These tests are not mutually exclusive. Manual Sec. 798d. 
  It is essential to note that the Chair, in determining a question of 
  germaneness, must first understand the nature and scope of the pending 
  portion of the proposition being amended, and then the relationship of 
  the offered amendment to that pending text. The Chair follows the most 
  appropriate line of precedent in rendering a ruling. One can avoid the 
  misperception that an equally compelling and valid germaneness test 
  can be applied and precedent

[[Page 479]]

  cited to support either side of a germaneness point of order by 
  examining in full the pending bill and amending text.
      An amendment may satisfy one of the tests and yet be ruled out 
  because of its failure to satisfy another. An amendment may thus be 
  subject to a germaneness point of order even though it is in fact 
  related to the pending proposition. This principle is illustrated in 
  the precedents set out below:

                                                Held Not Germane                                                
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
To exclude a Member-elect...                             To expel the Member-elect (5 Hinds Sec.  5924)         
                                                                                                                
Proposing the expulsion of a Member...                   Proposing censure (6 Cannon Sec.  236)                 
                                                                                                                
Relating to interstate commerce...                       Relating to foreign commerce (8 Cannon Sec.  2918)     
                                                                                                                
Proposing a committee investigation...                   Requesting a committee report (5 Hinds Sec.  5887)     
                                                                                                                
Assigning clerks to committees...                        Assigning clerks to Members (5 Hinds Sec.  5901)       
                                                                                                                
Providing for the erection of a building for a mint...   Changing coinage laws (5 Hinds Sec.  5884)             
                                                                                                                
Raising price of agricultural products by creation of    Raising price through cooperative marketing (8 Cannon  
 corporation...                                           Sec.  2912)                                           
                                                                                                                
Increasing food supplies by educational and              Increasing food supplies through sale of fertilizer (8 
 demonstrational methods...                               Cannon Sec.  2980)                                    
                                                                                                                

  Sec. 5 . -- Subject Under Consideration as Test

      The House germaneness rule precludes amendments ``on a subject 
  different from that under consideration.'' Rule XVI clause 7. Manual 
  Sec. 794. This test of germaneness implies more than mere 
  ``relevance.'' (Sec. 2, supra.) The test is whether or not a new 
  subject is introduced by the amendment. 82-1, May 24, 1951, p 5832. An 
  amendment relating to a subject to which there is no reference in the 
  pending text may be subject to a point of order that it is not germane 
  to the bill. 77-1, Feb. 10, 1941, p 875. Amendments that have been 
  ruled on under this test are shown in the table below.

[[Page 480]]



                                                  Held Germane                                                  
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Providing for a canal by one route...                    Changing route (5 Hinds Sec.  5909)                    
                                                                                                                
Creating a board of inquiry...                           Specifying time of report (5 Hinds Sec.  5915)         
                                                                                                                
Creating two boards with separate duties...              Creating one board with authorization to discharge the 
                                                          duties of both boards (8 Cannon Sec.  3064)           
                                                                                                                
Rescinding an order for adjournment...                   Fixing new date for adjournment (5 Hinds Sec.  5920)   
                                                                                                                
To regulate immigration...                               Providing educational test for immigrants (5 Hinds Sec.
                                                           5873)                                                
                                                                                                                
Controlling public places in District of Columbia...     Removing fence of Botanic Garden (5 Hinds Sec.  5914)  
                                                                                                                
Appropriation for acquiring information pertaining to    Appropriation for investigation incident thereto (8    
 agricultural products...                                 Cannon Sec.  3060)                                    
                                                                                                                
To authorize the construction of naval vessels...        Providing that the vessels be constructed in government
                                                          plants (8 Cannon Sec.  3063)                          
                                                                                                                
Relating to the interrelation of House committees and    Dealing with the content of reports from the Committee 
 imposing requirements for filing and content of          on Appropriations and with the jurisdictional         
 committee reports...                                     responsibilities of that committee and legislative    
                                                          committees (93-2, Oct. 8, 1974, pp 34416, 34417)      
                                                                                                                
A provision for ameloriation of procedures relating to   A provision for a moratorium on foreclosures of        
 mortgage foreclosure under the National Housing Act...   mortgages in economically depressed areas (86-1, May  
                                                          20, 1959, pp 8636-42)                                 
                                                                                                                
Relating to certain sections of the Clean Air Act with   Relating to another section of that Act suspending for 
 respect to the impact of shortages of energy resources   a temporary period the authority of the EPA           
 on standards imposed under that Act...                   Administrator to control automobile emissions (93-1,  
                                                          Dec. 14, 1973, pp 41688, 41689)                       
                                                                                                                

[[Page 481]]

                                                                                                                
Prescribing the functions of a new Federal Energy        Directing the Administrator to issue preliminary summer
 Administration and conferring wide discretionary         guidelines for citizen fuel use (93-2, Mar. 6, 1974,  
 powers on the Administrator...                           pp 5436, 5437)                                        
                                                                                                                
Requiring a general study of factors affecting domestic  Requiring the study of a particular factor--currency   
 production of automobiles...                             exchange rates--affecting that production (98-1, Nov. 
                                                          3, 1983, pp 30782, 30783)                             
                                                                                                                


                                                Held Not Germane                                                
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Proposing admission of religious refugees...             Proposing admission of political refugees (8 Cannon    
                                                          Sec.  3047)                                           
                                                                                                                
Limiting immigration of aliens...                        Disseminating information to attract better class of   
                                                          immigrants (8 Cannon Sec.  3048)                      
                                                                                                                
Prohibiting mailing of revolvers...                      Prohibiting mailing of publications advertising        
                                                          revolvers (8 Cannon Sec.  3052)                       
                                                                                                                
Authorizing arbitration of claims against government...  Appropriating funds to pay claims so arbitrated (8     
                                                          Cannon Sec.  3057)                                    
                                                                                                                
Eliminating wage discrimination based on the sex of the  Applying the provisions of the bill to discrimination  
 employee...                                              based on race (87-2, July 25, 1962, p 14778)          
                                                                                                                
Authorizing the use of American civilians to operate an  Requiring that the U.S. contribution to the UN peace-  
 early-warning system in the Sinai...                     keeping forces in the Middle East be proportionately  
                                                          reduced (94-1, Oct. 8, 1975, pp 32430, 32431)         
                                                                                                                
Establishing a cotton research program and promoting     Providing for research with respect to training and    
 the marketing of cotton...                               utilization of displaced farm labor in the cotton     
                                                          industry (89-2, Mar. 3, 1966, p 4838)                 
                                                                                                                

[[Page 482]]

                                                                                                                
Extending the phased subsidization of certain            Establishing a new class of mail and postal rate       
 categories of nonprofit mail...                          therefor (93-2, June 19, 1974, p 19817)               
                                                                                                                
Reducing tax liabilities of individuals and businesses   Providing rebates to recipients under retirement and   
 by providing diverse tax credits within the Internal     survivor benefit programs (94-1, Mar. 26, 1975, p     
 Revenue Code...                                          8931)                                                 
                                                                                                                
Governing the political activities of federal employees  Prohibiting any employment or compensation from        
 and containing certain restrictions on federal           whatever source for candidates for office (95-1, June 
 employment relative to such activities...                7, 1977, pp 17711, 17712)                             
                                                                                                                
Relating to the issue of access to committee hearings    Relating to committee staffing (93-1, Mar. 7, 1973, p  
 and meetings...                                          6714)                                                 
                                                                                                                
Addressing the administrative structure of a new         Prohibiting the department from withholding funds to   
 department...                                            carry out certain objectives (96-1, June 12, 1979, pp 
                                                          14485, 14486)                                         
                                                                                                                

                   Proposals Relating to Investigations

      To a proposal authorizing a program to be undertaken, an amendment 
  providing for a study to determine the feasibility of undertaking such 
  a program may be germane. 99-1, June 26, 1985, p 17460. (This ruling 
  in effect overturned 8 Cannon Sec. 2989.) On the other hand, an 
  amendment requiring certain action is not germane to a proposal that 
  would merely require an investigation. Accordingly, to a proposition 
  establishing a commission to study a matter, an amendment directing an 
  official to undertake and accomplish that matter is not germane. 93-2, 
  Oct. 8, 1974, p 34458. But if an amendment to a proposal to study a 
  matter merely requires the submission of proposed legislation to 
  implement the study, it may be germane. 93-1, Dec. 14, 1973, pp 41747, 
  41748.


  Sec. 6 . -- Committee Jurisdiction as Test

                                 Generally

      Committee jurisdiction over the subject of an amendment is a 
  relevant test to be applied in determining the germaneness of that 
  amendment. 94-2, June 1, 1976, p 16025; Manual Sec. 798c; Deschler-
  Brown Ch 28 Sec. 4. Thus,

[[Page 483]]

  to a bill providing agricultural price supports to stimulate domestic 
  orange production, an amendment restricting imports of oranges (within 
  the jurisdiction of the Committee on Ways and Means) would not be 
  germane. Similarly, an amendment changing the statement of policy 
  contained in a bill is not in order if its effect is to fundamentally 
  change the purpose of the bill and to emphasize a subject within the 
  jurisdiction of another committee. 92-2, May 22, 1972, p 18207. 
  Likewise, an amendment conferring authority on an executive official 
  not mentioned in the pending proposition is not germane where the 
  subject of that authority is not within the jurisdiction represented 
  in the pending proposition. 93-1, Dec. 14, 1973, pp 41736 et seq.
      The Chairman of the Committee of the Whole may determine the 
  germaneness of an amendment based upon the discernible committee 
  jurisdictions as to subject matter without infringing upon the 
  Speaker's prerogatives under Rule X to determine committee 
  jurisdiction over introduced legislation. 97-1, Oct. 14, 1981, pp 
  23898, 23899. The fact that the amendment is contained in a motion to 
  recommit the bill with instructions does not dispense with the 
  requirement that the subject matter of the amendment be within the 
  jurisdiction repesented in the pending text. 90-1, Mar. 2, 1967, p 
  5155.
      However, the fact that the subject matter of an amendment lies 
  within the jurisdiction of a committee other than that having 
  jurisdiction over the bill does not necessarily dictate the conclusion 
  that the amendment is not germane; for committee jurisdiction is but 
  one of the tests of germaneness, and in ruling on the question, the 
  Chair must take into consideration other factors, including the fact 
  that the introduced bill may have been broadened or narrowed by 
  amendment. See 92-2, Aug. 17, 1972, p 28913; 93-2, Mar. 5, 1974, pp 
  5306-09. Where the bill is amended in Committee of the Whole to 
  include matters within the jurisdiction of a committee other than the 
  reporting committee, further similar amendments may be germane. 99-1, 
  July 11, 1985, p 18602. The Chair may also take into account the fact 
  that the portion of the bill being amended itself contains language 
  related to the amendment that is not within the jurisdiction of the 
  committee reporting the bill. 94-2, Apr. 2, 1976, pp 9253, 9254. And 
  an amendment in the nature of a substitute may be in order even though 
  an incidental portion of the amendment, if considered separately, 
  might be within the jurisdiction of another committee. 93-1, Aug. 2, 
  1973, pp 27673-75.
      Committee jurisdiction over the subject of an amendment is a 
  relevant test of germaneness where the pending text is entirely within 
  one committee's jurisdiction and where the amendment falls within 
  another committee's purview. 94-2, Jan. 29, 1976, p 1582. Thus, 
  committee jurisdiction is a relevant test where an authorization bill 
  that is solely within one committee's

[[Page 484]]

  jurisdiction is proposed to be amended by permanent changes of laws 
  within another committee's jurisdiction. 95-2, May 24, 1978, p 15294. 
  But committee jurisdiction over the subject of an amendment may not be 
  the most apt test of germaneness where the proposition being amended 
  contains provisions so comprehensive as to overlap several committees' 
  jurisdictions. 99-1, Oct. 8, 1985, pp 26548-51. See also 94-2, Jan. 
  29, 1976, p 1582; 94-2, June 1, 1976, pp 16024, 16025; 94-2, July 21, 
  1976, p 23168.
      Illustrative applications of the test follow.

                                                Held Not Germane                                                
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
A bill reported from the Committee on International      Providing for payment of costs of settlement of        
 Relations dealing with humanitarian and evacuation       evacuees in the U.S., a matter within the jurisdiction
 assistance in South Vietnam...                           of the Judiciary Committee (94-1, Apr. 23, 1975, p    
                                                          11534)                                                
                                                                                                                
A bill reported from the Committee on Armed Services     Requiring reports on the Soviet Union's compliance with
 containing diverse provisions relating to national       its arms control commitments, a matter within the     
 defense policy, military procurement and personnel...    jurisdiction of the Committee on Foreign Affairs (99- 
                                                          1, June 27, 1985, p 17810)                            
                                                                                                                
A bill reported from the Committee on Merchant Marine    Urging cooperation of other nations as to certain Coast
 and Fisheries authorizing various activities of the      Guard and military operations, a matter within the    
 Coast Guard...                                           jurisdiction of the Foreign Affairs Committee (100-1, 
                                                          July 8, 1987, p 19013)                                
                                                                                                                
A bill reported from the Committee on Public Works and   Amending the Clean Air Act (a statute within the       
 Transportation amending the Federal Water Pollution      jurisdiction of the Committee on Energy and Commerce) 
 Control Act...                                           to regulate ``acid rain'' (99-1, July 23, 1985, p     
                                                          20052)                                                
                                                                                                                
Authorizing environmental research and development       Adding permanent regulatory authority by amending a law
 activities of an agency for two years...                 not within the jurisdiction of the committee reporting
                                                          the bill (100-1, June 4, 1987, pp 14739 et seq.)      
                                                                                                                

[[Page 485]]

                                                                                                                
A bill relating to intelligence activities of the        Effecting a change in the rules of the House by        
 executive branch...                                      directing a committee to impose an oath of secrecy on 
                                                          its members and staff (102-1, May 1, 1991, p ____)    
                                                                                                                
A bill reported from the Committee on Science and        Expressing the sense of Congress as to the agency's    
 Technology authorizing environmental research and        regulatory and enforcement activity--a matter within  
 development activities of an agency for two years...     the jurisdiction of another committee (98-2, Feb. 9,  
                                                          1984, pp 2421 et seq.)                                
                                                                                                                
A bill reported from the Committee on Interior and       Providing unemployment and retraining entitlement      
 Insular Affairs designating certain wilderness areas     payments to persons affected by such wilderness       
 in Oregon...                                             designations (98-1, Mar. 21, 1983, pp 6339 et seq.)   
                                                                                                                
A bill reported from the Committee on Agriculture        Relating to tariff duties on imported dairy products, a
 providing a one-year price support for milk...           matter within the jurisdiction of Ways and Means (94- 
                                                          1, Mar. 20, 1975, p 7667)                             
                                                                                                                
A bill reported from the Committee on Public Works and   Providing grants to such governments to assist them in 
 Transportation relating to grants to state and local     providing public services, a program within the       
 governments for local public works construction          jurisdiction of the Committee on Government Operations
 projects...                                              (94-2, Jan. 29, 1976, p 1582)                         
                                                                                                                
A bill reported from the Committee on Ways and Means     Precluding the purchase of fuel-inefficient automobiles
 providing taxes and tax incentives to conserve           by the government, a subject within the jurisdiction  
 energy...                                                of another committee (Government Operations) (94-1,   
                                                          June 13, 1975, pp 18816, 18817)                       
                                                                                                                

[[Page 486]]

                                                                                                                
A proposition reported from the Committee on Interstate  Reducing energy consumption by the federal government  
 and Foreign Commerce to conserve energy resources by     by a reduced work-week for federal civilian employees,
 regulating the production, allocation and use of those   a matter within the jurisdiction of the Committee on  
 resources...                                             Post Office and Civil Service (93-1, Dec. 14, 1973, p 
                                                          41756)                                                
                                                                                                                
A proposition recommended by the Committee on Ways and   Eliminating all price support payments for sugar, a    
 Means dealing only with import duties and quotas on      matter within the jurisdiction of the Committee on    
 sugar...                                                 Agriculture (95-2, Oct. 6, 1978, p 34111)             
                                                                                                                
A bill reported from the Committee on International      Providing foreign and domestic economic assistance, a  
 Relations providing foreign economic assistance...       matter within the jurisdiction of the Banking         
                                                          Committee (95-2, May 12, 1978, p 13499)               
                                                                                                                
A bill reported from the Committee on Energy and         Prohibiting certain uses of general revenue-sharing    
 Commerce relating to mentally ill individuals...         funds (a matter within the jurisdiction of another    
                                                          committee) in certain jurisdictions (99-2, Jan. 30,   
                                                          1986, pp 1052, 1053)                                  
                                                                                                                

  Sec. 7 . -- Fundamental Purpose as Test

      Another test used by the Chair in determining germaneness points 
  of order is one in which the fundamental purpose of the bill is 
  compared with the fundamental purpose of the amendment. Manual 
  Sec. 798b. If the purpose or objective of an amendment is unrelated to 
  that of the bill to which it is offered, the amendment may be held not 
  germane. 8 Cannon Sec. 2911; 86-2, Mar. 15, 1960, p 5655. This test is 
  particularly applicable to an amendment in the nature of a substitute. 
  Deschler-Brown Ch 28 Sec. 5. If the purpose of a highway bill is to 
  connect points A and B, an amendment specifying a different route 
  between A and B would reflect the same fundamental purpose. But an 
  amendment connecting A and D would have a different purpose and would 
  not be germane. Compare 5 Hinds Sec. 5909.
      An amendment changing the statement of policy contained in a bill 
  is not in order if its effect is to fundamentally change the purpose 
  of the bill. 92-2, May 22, 1972, p 18207. An amendment changing the 
  law relating to

[[Page 487]]

  one agency is not germane to a bill relating to a different agency. 
  100-1, July 8, 1987, pp 19013-16.
      In determining the fundamental purpose of a bill or an amendment 
  offered thereto, the Chair may examine the broad scope of the bill and 
  the stated purpose of the amendment and need not be bound by ancillary 
  purposes that are merely suggested by the amendment. 95-2, Sept. 27, 
  1978, p 32051. An amendment in the form of a new title may be germane 
  to a bill as a whole where that bill contains additional provisions 
  not necessarily confined to the primary purpose, so long as the 
  amendment falls within the overall parameters of the bill. 97-2, May 
  6, 1982, p 8933.
      The precedents below illustrate the germaneness principal that the 
  fundamental purpose of the amendment must relate to that of the 
  pending measure.

                                                  Held Germane                                                  
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Authorizing funds to provide humanitarian and            Authorizing funds for military aid to a foreign country
 evacuation assistance and authorizing the use of         to be used by that country to further the fundamental 
 United States troops to provide that assistance...       purpose of the bill (94-1, Apr. 23, 1975, p 11509)    
                                                                                                                
Enforcing the right to vote as guaranteed by the 15th    Protecting freedom of speech and other First Amendment 
 Amendment to the Constitution...                         rights whose abridgment might affect the exercise of  
                                                          voting rights (89-1, July 9, 1965, p 16263)           
                                                                                                                
Enforcing constitutional voting rights by requiring      Providing for court appointment of voting referees to  
 preservation of federal election returns...              insure protection of voters' rights (86-2, Mar. 15,   
                                                          1960, p 5655)                                         
                                                                                                                
Making it a federal crime to use a firearm during the    Making it a crime to carry a firearm during the        
 commission of a felony that may be prosecuted in a       commission of a felony and providing for a trial in   
 federal court...                                         either a state or federal court (90-2, July 23, 1968, 
                                                          p 22789)                                              
                                                                                                                

[[Page 488]]

                                                                                                                
Providing an omnibus surface transportation              Authorizing funds for certain highway projects that    
 authorization for highway-related projects as well as    would incidentally permit completion of a related     
 roadways...                                              flood control project (95-2, Sept. 27, 1978, p 32051) 
                                                                                                                
Authorizing the construction of a trans-Alaska oil-gas   Containing similar procedures and including the        
 pipeline pursuant to procedural safeguards promulgated   condition that all participants be assured rights     
 by the Secretary of the Interior...                      against discrimination as set forth in the Civil      
                                                          Rights Act (93-1, Aug. 2, 1973, pp 27673-75)          
                                                                                                                


                                                Held Not Germane                                                
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Proposing a constitutional amendment relating to the     Pertaining to the apportionment of Representatives and 
 election of the President and Vice President by          the size of congressional districts (91-1, Sept. 18,  
 popular vote rather than through the electoral college   1969, p 25983)                                        
 process...                                                                                                     
                                                                                                                
Authorization of military assistance programs to         Authorizing a contribution to the UN International     
 foreign nations...                                       Atomic Energy Agency (94-2, Mar. 3, 1976, p 5226)     
                                                                                                                
Authorizing LEA grants for the purchase of photographic  Providing for the purchase of bulletproof vests (96-1, 
 and fingerprint equipment for law enforcement            Oct. 12, 1979, pp 28123, 28124)                       
 purposes...                                                                                                    
                                                                                                                
Extending the advisory and informational authority of    Authorizing the President to issue orders and          
 the Council on Wage and Price Stability to encourage     regulations stabilizing economic transfers, including 
 voluntary programs to resist inflation...                wages and prices (96-1, Mar. 20, 1979, pp 5549, 5550, 
                                                          5562-64)                                              
                                                                                                                
Establishing a new office within a government            Abolishing the department (88-2, Mar. 12, 1964, p 5125)
 department...                                                                                                  
                                                                                                                

[[Page 489]]

                                                                                                                
Enabling agencies of the government to formulate         Prohibiting certain uses of fuel (for school busing)   
 policies relating to energy conservation...              and imposing criminal penalties for such use (94-1,   
                                                          Sept. 17, 1975, p 28927)                              
                                                                                                                
Extending various laws relating to higher education...   Imposing restrictions on preschool, elementary, and    
                                                          secondary education policy (94-2, Mar. 12, 1976, p    
                                                          13530)                                                
                                                                                                                
Providing funding for urban highway transportation       Broadening the bill to include rail transportation (92-
 systems...                                               2, Oct. 5, 1972, pp 34111, 34115)                     
                                                                                                                
Requiring registration and public disclosure by          Regulating their activities by placing a ceiling on    
 lobbyists but not regulating or prohibiting their        their monetary contributions to federal officials;    
 activities...                                            prohibiting lobbying within certain areas (94-2, Sept.
                                                          28, 1976, p 33085)                                    
                                                                                                                
Relating to the minting and issuance of public           Providing for a commemorative coin intended for private
 currency...                                              circulation (91-1, Oct. 15, 1969, p 30101)            
                                                                                                                

  Sec. 8 . -- Accomplishing Result of Bill by Different Method

      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. Manual Sec. 798b; 
  91-2, Aug. 11, 1970, p 28165; 94-2, Jan. 29, 1976, p 1582; 94-2, June 
  23, 1976, p 20020. Under this principle, when a proposition to 
  accomplish a certain purpose by one method is pending, an amendment 
  seeking to achieve the same purpose by another closely related method 
  is germane. 92-2, June 12, 1972, pp 20403-06; 96-2, Sept. 29, 1980, pp 
  27832-52. For example, if the purpose of a bill is to support the 
  health of school children by mandating oranges in a school lunch 
  program, an amendment providing free vitamin C supplements would be 
  germane. Likewise, a proposition to accomplish a certain result by two 
  alternative methods may be amended by language proposing to accomplish 
  that result by a third closely related method. 92-2, June 12, 1972, pp 
  20403-06. But an amendment to accomplish a similar purpose by an 
  unrelated method, not contemplated by the bill, is not ger-

[[Page 490]]

  mane. 90-1, Aug. 8, 1967, p 21849; 91-2, Aug. 11, 1970, p 28165; 94-1, 
  June 12, 1975, pp 18695-702. These principles are illustrated in the 
  precedents below.

                                                  Held Germane                                                  
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
To accomplish a result through regulation by an          To achieve the same purpose through the use of another 
 executive branch agency...                               governmental entity (96-2, Sept. 29, 1980, pp 27832-  
                                                          52)                                                   
                                                                                                                
To conduct a broad range of programs involving energy    Authorizing the Council on Environmental Quality to    
 sources, including environmental research related to     evaluate environmental effects of energy technology   
 the development of energy sources...                     (93-1, Dec. 19, 1973, pp 42618, 42619)                
                                                                                                                
Providing loan guarantee programs for all states and     Providing direct loans (and limited to New York) (94-1,
 subdivisions...                                          Dec. 2, 1975, p 38180)                                
                                                                                                                
Subjecting employers who fail to apprise their workers   Subjecting employers to penalties prescribed in the    
 of health risks to penalties under certain laws and      amendment (100-1, Oct. 14, 1987, p 27885)             
 regulations...                                                                                                 
                                                                                                                


                                                Held Not Germane                                                
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Conserving energy through the imposition of civil        Conserving energy through tax rebates to purchasers of 
 penalties on manufacturers of low miles-per-gallon       high miles-per-gallon automobiles (94-1, June 12,     
 automobiles...                                           1975, pp 18695-702)                                   
                                                                                                                
Establishing an independent agency within the executive  Emphasizing committee oversight and authorizing        
 branch to accomplish a particular purpose...             committees to order the agency to take certain actions
                                                          (94-1, Nov. 5, 1975, p 35043)                         
                                                                                                                
Authorizing the Attorney General to participate in       Establishing a Community Relations Service to assist in
 litigation based on discrimination in public             resolving disputes arising from discriminatory        
 facilities...                                            practices (88-2, Feb. 6, 1964, p 2251)                
                                                                                                                

[[Page 491]]

                                                                                                                
Authorizing the promulgation of a national drinking      Requiring the negotiation and enforcement of           
 water standards to protect public health from            international agreements to accomplish that purpose   
 contaminants...                                          (93-2, Nov. 19, 1974, pp 36393, 36394)                
                                                                                                                
To aid in the control of crime through research and      To control crime through regulation of the sale of     
 training...                                              firearms (90-1, Aug. 8, 1967, p 21849)                
                                                                                                                
A bill extending unemployment compensation benefits      Stimulating economic growth by tax incentives and      
 during a period of economic recession...                 regulatory reform (102-1, Sept. 17, 1991, p ____)     
                                                                                                                
A bill to promote technological advancement by           Exhorting to do so by changes in tax and antitrust laws
 fostering federal research and development...            (102-1, July 16, 1991, p ____)                        
                                                                                                                
To provide financial assistance to domestic agriculture  Protecting domestic agriculture by restricting imports 
 through a system of price support payments...            in competition therewith (97-1, Oct. 14, 1981, pp     
                                                          23898, 23899)                                         
                                                                                                                
                                                                                                                

  4Sec. 9 . -- Individual Proposition or Class Not Germane to Another

      One individual proposition is not germane to another individual 
  proposition. 8 Cannon Secs. 2951-2953, 2963-2966; Manual Sec. 798e; 
  94-1, Oct. 2, 1975, p 31487; 101-2, Oct. 22, 1990, p ____. This rule 
  is applied even where the two belong to the same class. 8 Cannon 
  Sec. 2951; 96-1, Dec. 12, 1979, pp 35522, 35527, 35528; 99-2, Jan. 29, 
  1986, p 684; 102-1, Oct. 24, 1991, p ____. Thus, in theory, a bill 
  regulating the transportation of apples could not be amended by 
  language regulating the transportation of oranges. However, if an 
  individual proposition is rendered general in its scope by amendment, 
  it is then subject to further amendment by propositions of the same 
  class. 8 Cannon Sec. 3003.
      An individual proposition is not rendered germane to another 
  individual proposition merely because they are related. Thus, to a 
  bill amending one subsection of law dealing with one prohibited type 
  of activity, an amendment to another subsection dealing with a related 
  but separate prohibited type of activity is not germane. 96-1, May 16, 
  1979, pp 11466, 11467, 11470.
      Where a bill covers two or more subjects within a readily 
  definable class, it is not in order to add additional subjects outside 
  of that class by

[[Page 492]]

  way of amendment. 92-2, Feb. 2, 1972, pp 2180-82; 98-1, Sept. 29, 
  1983, pp 26467, 26484, 26485. Likewise, to a bill pertaining to 
  several functions within an identifiable class of activity, an 
  amendment adding a function outside that class would not be germane.
      To a bill dealing with relief for one class, an amendment seeking 
  to include another class is not germane. 91-2, July 27, 1970, p 25801. 
  Thus, to a bill providing financial relief for one class--agricultural 
  producers--an amendment is not germane where it extends such relief to 
  another class, commercial fishermen, particularly where relief to the 
  latter class is within the jurisdiction of another committee. 95-2, 
  Apr. 24, 1978, p 11081.
      To a bill extending certain provisions to a certain class of 
  employees, an amendment to extend those provisions to an additional 
  category of employees within that same class is germane. 92-2, Apr. 
  27, 1972, p 14567. But such an amendment is not germane if it brings 
  other classes of employees within the scope of the bill. 99-1, Oct. 9, 
  1985, p 26954.
      The precedents below illustrate applications of the principle that 
  an amendment relating to one individual proposition or class may not 
  be offered to a measure relating to another individual proposition or 
  class.

                                                Held Not Germane                                                
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Providing for the relief of one individual...            Providing for similar relief to another (5 Hinds Secs. 
                                                          5826-5929)                                            
                                                                                                                
Providing for the extermination of the boll weevil...    Including the gypsy moth (5 Hinds Sec.  5832)          
                                                                                                                
Providing a clerk for a committee...                     Providing a clerk for another committee (5 Hinds Sec.  
                                                          5833)                                                 
                                                                                                                
Providing for an additional judge in one territory...    Providing additional judges in other territories (5    
                                                          Hinds Sec.  5830)                                     
                                                                                                                
Providing relief for dependents of men in the Army...    Extending benefits to dependents in National Guard (8  
                                                          Cannon Sec.  2953)                                    
                                                                                                                
Pensioning veterans of Indian wars...                    Pensioning veterans of Mexican wars (8 Cannon Sec.     
                                                          2960)                                                 
                                                                                                                
Appropriating for only one year (and containing no       Extending the appropriation to another year (8 Cannon  
 provisions extending beyond that year)...                Sec.  2913; Manual Sec.  798e)                        
                                                                                                                

[[Page 493]]

                                                                                                                
Containing diverse provisions relating to congressional  Repealing the Impoundment Control Act, thereby         
 actions on the budget...                                 addressing Presidential authority to rescind or defer 
                                                          (96-2, Nov. 18, 1980, pp 30026, 30027)                
                                                                                                                
Siting a certain type of repository for a specified      Prohibiting the construction at another site of another
 kind of nuclear waste...                                 type of repository for another kind of nuclear waste  
                                                          (102-2, July 21, 1992, p ____)                        
                                                                                                                
Providing for the disposal of tin from the national      Providing for the disposal of silver from the stockpile
 stockpile...                                             (96-1, Dec. 12, 1979, pp 35522, 35527, 35528)         
                                                                                                                
To provide financial assistance to the states for        Proposing loans to assist in the construction of       
 construction of public school facilities...              private schools (86-2, May 26, 1960, p 11292)         
                                                                                                                
Relating to settlement of a particular railway labor     Concerning another dispute between a different railroad
 dispute...                                               company and its employees (90-1, June 15, 1967, p     
                                                          15930)                                                
                                                                                                                
Relating to a certain class of prohibited activities...  Proposing to include another class of prohibited       
                                                          activities (92-2, Aug. 17, 1972, p 28883)             
                                                                                                                
Relating to the design of certain coins...               Specifying the metal content of other coins (93-1,     
                                                          Sept. 12, 1973, pp 29377, 29378)                      
                                                                                                                
Regulating poll-closing time in Presidential general     Extending the provisions to Presidential primary       
 elections...                                             elections (99-2, Jan. 29, 1986, p 684)                
                                                                                                                
Relating to the civil service system for federal         Including other classes of employees (postal and       
 civilian employees...                                    District of Columbia employees) (95-2, Sept. 7, 1978, 
                                                          pp 28437-39; 99-1, Oct. 9, 1985, pp 26951-54)         
                                                                                                                
Containing a cost-of-living adjustment for foreign       Containing a comparable adjustment in annuities for    
 service retirees...                                      federal civil service employees (94-2, June 18, 1976, 
                                                          p 19226)                                              
                                                                                                                

[[Page 494]]

                                                                                                                
To determine the equitability of federal pay practices   To extend the determination of fairness to pay         
 under statutory systems applicable to agencies of the    practices in the legislative branch (100-2, Sept. 28, 
 executive branch...                                      1988, pp 26420-22)                                    
                                                                                                                
Providing for payment from the Senate contingent fund    Providing additional travel allowances, payable from   
 of certain travel expenses incurred by Senate            the House contingent fund, to Members of the House (87-
 employees...                                             1, Mar. 29, 1961, p 5278)                             
                                                                                                                
Authorizing grants to states for purchase of one class   Including assistance for the purchase of a different   
 of equipment (photographic and fingerprint equipment)    class of equipment (bulletproof vests) (96-1, Oct. 12,
 for law enforcement purposes...                          1979, pp 28121-24)                                    
                                                                                                                

  Sec. 10 . -- General Amendments to Specific or Limited Propositions

      A specific proposition may not be amended by a proposition more 
  general in scope. 5 Hinds Sec. 5843; 8 Cannon Secs. 2997, 2998; 
  Deschler-Brown Ch 28 Sec. 9; Manual Sec. 798f; 97-2, Aug. 10, 1982, p 
  20263; 97-2, Sept. 23, 1982, pp 24963, 24964; 98-2, Jan. 24, 1984, pp 
  272, 284, 285. Thus, an amendment applicable to fruits of all kinds 
  would not be germane to a bill dealing only with apples. So too, an 
  amendment applicable to all departments and agencies is not germane to 
  a bill limited in its application to only certain departments and 
  agencies. 90-1, Sept. 27, 1967, p 26957. Even an amendment which 
  merely strikes words from a bill may be ruled out if the amendment has 
  the effect of broadening the scope of the bill. Sec. 17, infra.
      A substitute for an amendment must be confined in scope to the 
  subject of the amendment. 93-2, Mar. 6, 1974, pp 5448, 5449. Thus, an 
  amendment rewriting an entire concurrent resolution on the budget is 
  not germane to a perfecting amendment proposing certain changes in 
  figures for one of the years covered by the resolution. 96-1, May 2, 
  1979, pp 9564-66.
      The precedents below illustrate the principle that a specific 
  proposition may not be amended by a proposition general in nature. The 
  question for the Chair frequently consists in determining what 
  comprises a ``general'' or ``specific'' proposition.

[[Page 495]]



                                                Held Not Germane                                                
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Admitting a Territory...                                 Admitting several Territories (5 Hinds Sec.  5837)     
                                                                                                                
Relating to all corporations in interstate commerce...   Relating to all corporations (5 Hinds Sec.  5842)      
                                                                                                                
Proposition applicable to one bureau of the Navy         Application to the Navy Department as a whole (8 Cannon
 Department...                                            Sec.  2997)                                           
                                                                                                                
Prohibiting speculation in cotton...                     Prohibiting speculation in cotton, wheat, and corn (8  
                                                          Cannon Sec.  3001)                                    
                                                                                                                
Amending a law in one particular...                      Repealing the law (5 Hinds Sec.  5924; 8 Cannon Sec.   
                                                          2949)                                                 
                                                                                                                
Authorizing loans to farmers in certain areas...         Authorizing loans without geographical restriction (8  
                                                          Cannon Sec.  3235)                                    
                                                                                                                
To authorize foreign economic assistance to certain      To require reports on human rights violations by all   
 qualifying nations...                                    foreign countries (95-2, May 12, 1978, p 13500)       
                                                                                                                
Restricting the use of funds for military operations in  Extending that restriction to other countries in       
 South Vietnam...                                         Indochina (94-1, Apr. 23, 1975, p 11508)              
                                                                                                                
Proposing an amendment to the Constitution prohibiting   Requiring the U.S. and all states to treat persons 18  
 the U.S. or any state from denying persons 18 years of   years and older as having reached the age of legal    
 age or older the right to vote...                        majority for all purposes under the law (92-1, Mar.   
                                                          23, 1971, p 7567)                                     
                                                                                                                
Making it a federal crime to obstruct court orders       Making it applicable to all court orders (86-2, Mar.   
 relating to desegregation of public schools...           23, 1960, p 6369)                                     
                                                                                                                
Dealing with official conduct of federal employees...    Relating to any criminal conduct of those officials (95-
                                                          2, Oct. 12, 1978, p 36461)                            
                                                                                                                
Extending the benefits of a federal program to one       To include a broader category--all nonprofit           
 class (public schools)...                                institutions in depressed areas (89-2, Sept. 1, 1966, 
                                                          p 21656)                                              
                                                                                                                

[[Page 496]]

                                                                                                                
A bill amending an existing law to promote economic      Requiring a study of the impact of all federal, state, 
 development through financial assistance to local        and local laws and regulations on employment          
 communities...                                           opportunities (98-1, July 12, 1983, pp 18712, 18713)  
                                                                                                                
Relating to mental health...                             Addressing a variety of public health programs (99-2,  
                                                          Jan. 30, 1986, pp 1052, 1053)                         
                                                                                                                
Temporarily suspending certain requirements of the       Temporarily suspending other requirements of all other 
 Clean Air Act...                                         environmental protection laws (93-1, Dec. 14, 1973, p 
                                                          41751)                                                
                                                                                                                
Authorizing activities of certain government agencies    Permanently changing existing law to cover a broader   
 for a temporary period...                                range of government activities (100-2, May 5, 1988, pp
                                                          9934-39)                                              
                                                                                                                
To appropriate or to authorize appropriations for only   To extend the appropriation or authorization to another
 one year...                                              year (96-2, Nov. 13, 1980, pp 29523-28)               
                                                                                                                
Dealing with one aspect of federal spending (U.S.        Relating to the entire federal budget, mandating that  
 contributions to an international financial              total outlays not exceed receipts (98-1, Aug. 3, 1983,
 institution)...                                          p 22679)                                              
                                                                                                                
Appropriating funds for a program for one fiscal         Relating to eligibility for funding in any fiscal year 
 year...                                                  (98-1, Oct. 5, 1983, pp 27313, 27314)                 
                                                                                                                
Prohibiting the use of funds appropriated for a fiscal   Prohibiting the use of funds appropriated for that or  
 year for a specified purpose...                          any prior fiscal year for an unrelated purpose (100-1,
                                                          June 30, 1987, p 18294)                               
                                                                                                                

  Sec. 11 . -- Specific Amendments to General Propositions

      A general proposition may be amended by a specific proposition or 
  one more limited in nature if within the same class. 8 Cannon 
  Secs. 3002, 3009, 3012; Deschler-Brown Ch 28 Sec. 10; Manual 
  Sec. 798g; 94-1, Dec. 2, 1975, p 31810; 97-2, July 20, 1982, p 17093. 
  Thus, a bill regulating the transpor-

[[Page 497]]

  tation of fruits of all kinds could be amended by language applicable 
  specifically to oranges. So too, where a bill seeks to accomplish a 
  general purpose by diverse methods, an amendment which adds a specific 
  method to accomplish that result may be germane. 94-2, Apr. 26, 1976, 
  p 11101. Similarly, to a bill authorizing a broad program of research 
  and development, an amendment directing specific emphasis during the 
  administration of that program is germane. 93-1, Dec. 19, 1973, p 
  42607.
      To a proposition conferring a broad range of authority to 
  accomplish a particular result, an amendment granting specific 
  authority to achieve that result is germane. 93-1, Dec. 12, 1973, p 
  41160; 93-1, Dec. 14, 1973, p 41732; 93-1, Dec. 14, 1973, p 41753.
      An amendment defining a term in a bill may be germane so long as 
  it relates to the bill and not to portions of laws being amended which 
  are not the subject of the bill. Thus, to a bill clarifying the 
  definition of persons or institutions under certain civil rights 
  statutes, an amendment providing that the term ``person'' for the 
  purpose of the bill shall include unborn children was held germane. 
  98-2, June 26, 1984, pp 18865, 18866.
      Set out below are precedents illustrating the principle that a 
  general proposition may be amended by a specific or more limited one.

                                                  Held Germane                                                  
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Making a lump-sum appropriation for rivers and           Designating specific projects on which a lump-sum      
 harbors...                                               should be expended (8 Cannon Secs.  3004, 3008)       
                                                                                                                
Providing for a decennial census of the entire           Relating to the alien population of the United States  
 population of the United States...                       (8 Cannon Sec.  3005)                                 
                                                                                                                
Authorizing a commission to report on the public         Specifying a report on a designated area of the public 
 domain...                                                domain (8 Cannon Sec.  3007)                          
                                                                                                                
Establishing an executive agency and conferring broad    Directing that agency to conduct a study of a subject  
 authority thereon...                                     within the scope of that authority (93-1, Dec. 14,    
                                                          1973, p 41752)                                        
                                                                                                                
Conferring wide discretionary powers upon an energy      Directing the administrator to issue preliminary summer
 administrator...                                         guidelines for citizen fuel use (93-2, Mar. 6, 1974,  
                                                          pp 5436, 5437)                                        
                                                                                                                

[[Page 498]]

                                                                                                                
Authorizing the Federal Energy Administrator to          Directing that official to prohibit the exportation of 
 restrict exports of certain energy resources...          petroleum products for use in military operations in  
                                                          Indochina (93-1, Dec. 14, 1973, p 41753)              
                                                                                                                
Directing the President to require all government        Limiting the number of ``fuel inefficient'' passenger  
 agencies to use economy model motor vehicles...          motor vehicles which the government could purchase (93-
                                                          1, Dec. 14, 1973, pp 41722, 41723)                    
                                                                                                                
Seeking to accomplish a general purpose (support of the  Authorizing the employment of unemployed artists       
 arts and humanities) by diverse methods...               through the National Endowment for the Arts (94-2,    
                                                          Apr. 26, 1976, pp 10098-101)                          
                                                                                                                
Addressing a range of criminal prohibitions...           Addressing another criminal prohibition within that    
                                                          range (102-1, Oct. 17, 1991, p ____)                  
                                                                                                                

  Sec. 12 . -- Adding to Two or More Propositions

      A measure containing two or more diverse propositions within the 
  same class may be amended by an amendment adding a third proposition 
  on the same subject. 8 Cannon Sec. 3016; 96-1, Aug. 1, 1979, pp 21939, 
  21944-47; Deschler-Brown Ch 28 Sec. 11. For example, a bill regulating 
  the transportation of apples and oranges could be amended by language 
  extending the bill to bananas. So too, to a bill bringing two new 
  categories within the coverage of existing law, an amendment to 
  include a third category of the same class may be germane. 90-1, Nov. 
  27, 1967, p 33769. Likewise, where a bill contains several unrelated 
  titles on a general subject, an amendment adding a further title 
  within that general subject is germane. 92-1, Nov. 4, 1971, pp 39323-
  29. And where a bill defines several unlawful acts, an amendment 
  proposing to include another unlawful act of the same class is 
  germane. 90-1, Aug. 16, 1967, p 22757; 102-1, Oct. 17, 1991, p ____.
      On the other hand, where a bill covers two or more subjects within 
  a readily definable class, it is not in order to add additional 
  subjects outside of that class by way of amendment. Thus, to a bill 
  authorizing the Secretary of the Treasury to strike two types of 
  national medals honoring the bicentennial, an amendment permitting 
  private mints to strike state medals was held not germane. 92-2, Feb. 
  2, 1972, pp 2180-82.

[[Page 499]]

      To a bill containing definitions of several of the terms used 
  therein, an amendment may be germane which modifies one of the 
  definitions and adds another (90-1, Sept. 26, 1967, p 26878), or which 
  further defines other terms used in the bill (94-1, Dec. 9, 1975, p 
  39427).

                                                  Held Germane                                                  
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Admitting several Territories into the Union...          Admitting another Territory (5 Hinds Sec.  5838)       
                                                                                                                
Constructing buildings in two cities...                  Constructing similar buildings in several other cities 
                                                          (5 Hinds Sec.  5840)                                  
                                                                                                                
Providing a number of restrictions on an expenditure...  Adding another restriction (8 Cannon Sec.  3010)       
                                                                                                                
Providing for a number of Army camps...                  Providing for an additional camp (8 Cannon Sec.  3012) 
                                                                                                                
Authorizing payment to several employees for             To pay another employee for such injuries (8 Cannon    
 injuries...                                              Sec.  3015)                                           
                                                                                                                
Collecting statistics on agriculture, manufacture, and   Collecting statistics on insurance (8 Cannon Sec.      
 mining...                                                3016)                                                 
                                                                                                                
Relating to motor trucks and passenger-carrying          Relating to motor trucks, passenger-carrying           
 automobiles...                                           automobiles, motorcycles, and trailers (7 Cannon Sec. 
                                                          1415)                                                 
                                                                                                                
Setting forth diverse findings and purposes related to   Adding another finding or purpose related to that      
 a general subject...                                     subject (96-1, June 12, 1979, p 14460)                
                                                                                                                
Prohibiting indirect foreign assistance to several       Including additional countries within that prohibition 
 foreign countries...                                     (95-2, Aug. 3, 1978, p 24244)                         
                                                                                                                
Relating in many diverse respects to the political       Conferring upon that electorate the additional right of
 rights of the people of the District of Columbia...      electing a nonvoting Delegate to the Senate (93-1,    
                                                          Oct. 10, 1973, pp 33656, 33657)                       
                                                                                                                
Containing funds for several departments and             Providing funds for subway construction in the District
 agencies...                                              of Columbia (92-1, May 11, 1971, p 14437)             
                                                                                                                

[[Page 500]]

                                                                                                                
Extending coverage of gun control laws to rifles,        Relating to registration of firearms by the purchasers 
 shotguns, and ammunition...                              thereof (90-2, July 19, 1968, p 22249)                
                                                                                                                
Making unlawful a number of activities in the field of   Adding another activity, ``loansharking,'' to those    
 interstate consumer credit transactions...               prohibited in the bill (90-2, Jan. 31, 1968, p 1605)  
                                                                                                                
Extending the coverage of the Flammable Fabrics Act to   To bring children's toys within the mandate of the Act 
 include wearing apparel and household furnishings...     (90-1, Nov. 27, 1967, p 33769)                        
                                                                                                                
Seeking to reduce tax liabilities in several diverse     Adding an additional tax credit to those contained in  
 ways--including tax credits...                           the bill (94-1, Mar. 26, 1975, p 8931)                
                                                                                                                
Containing farm programs for dairy products, wool, feed  To add a new title relating to poultry and eggs (89-1, 
 grains, cotton and wheat...                              Aug. 19, 1965, p 21053)                               
                                                                                                                

  Sec. 13 . Appropriation Bills

      An amendment offered to a general appropriation bill must be 
  germane to the part of the bill that is under consideration. Deschler-
  Brown Ch 28 Sec. 15. Amendments that are offered to appropriation 
  bills must satisfy the general tests of germaneness that are set forth 
  earlier in this chapter. Secs. 4 et seq., supra.
      Where an amendment to a general appropriation bill relates to the 
  appropriation of specific funds, it should be offered to the specific 
  item of appropriation to which it applies.
      Germaneness is an express requirement of any amendment sought to 
  be introduced pursuant to the ``Holman Rule,'' which permits 
  legislative matter in general appropriation bills under certain 
  circumstances. Manual Sec. 844a. See Appropriations.
      Set out below are precedents illustrating the application of the 
  germaneness rule during consideration of appropriation bills.

                                                  Held Germane                                                  
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
                                                                                                                

[[Page 501]]

Providing certain funds and permitting them to remain    Placing certain restrictions on their use, to become   
 available beyond the fiscal year covered by the          effective after the expiration of the fiscal year (92-
 bill...                                                  1, Nov. 17, 1971, p 41838)                            
                                                                                                                
Providing funds for foreign assistance programs...       To deny use of funds therein to pay arrearages or dues 
                                                          of members of the United Nations (87-2, Sept. 20,     
                                                          1962, p 20187)                                        
                                                                                                                
Providing funds for the Department of Agriculture and    Providing that no appropriation in the act be used for 
 including a specific allocation of funds for animal      chemical pesticides where such action would be        
 disease and pest control...                              prohibited by state or local law (91-1, May 26, 1969, 
                                                          p 13753)                                              
                                                                                                                
Providing appropriations for the Department of           Providing that none of the funds appropriated by the   
 Defense...                                               act be used to finance certain military operations (92-
                                                          1, Nov. 17, 1971, p 41838)                            
                                                                                                                


                                                Held Not Germane                                                
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Prohibiting aid to one nation unless a certain           Prohibiting aid to another nation pending certain      
 condition is met...                                      actions, and referring to funds in other acts (90-1,  
                                                          Nov. 17, 1967, p 32968)                               
                                                                                                                
Providing for continuing appropriations pending          Requiring an agency to report to each Member the total 
 enactment of regular appropriation bills and             federal expenditures in his congressional district and
 curtailing certain government expenditures...            directing the Members to take certain steps to effect 
                                                          a reduction in expenditures (90-1, Oct. 18, 1967, p   
                                                          29290)                                                
                                                                                                                
Continuing appropriations for certain departments and    Placing a restriction on the total administrative      
 agencies for one month...                                budget expenditures for the fiscal year and thus      
                                                          affecting funds not continued by the bill (90-1, Sept.
                                                          27, 1967, p 26957)                                    
                                                                                                                

[[Page 502]]

                                                                                                                
Providing supplemental appropriations for certain        Affecting appropriations for virtually all departments 
 specified departments of government...                   and agencies of government (89-2, Oct. 18, 1966, p    
                                                          27424)                                                
                                                                                                                
Continuing the availability of appropriated funds and    Permanently changing existing law as to the eligibility
 also imposing diverse legislative conditions on the      of certain recipients (97-1, Dec. 10, 1981, p 30538)  
 availability of appropriations...                                                                              
                                                                                                                
Pertaining to an appropriation for an agency for one     Changing the appropriation figure but also adding      
 year...                                                  language having the effect of permanent law (98-1,    
                                                          June 29, 1983, pp 18129, 18130)                       
                                                                                                                
Containing funds for a certain purpose to be expended    Containing funds for another government agency for the 
 by one government agency...                              same general purpose (97-1, July 24, 1981, p 17226)   
                                                                                                                

          B. Application of Rule to Particular Forms of Amendment


  Sec. 14 . In General

      The rule requiring germaneness of amendments has been applied to 
  many forms of propositions having amendatory effect, including an 
  amendment to a particular part of a bill (Sec. 15, infra), amendments 
  to amendments (8 Cannon Sec. 2924), and amendments affecting specified 
  provisions of existing law where the bill itself amends such law 
  (Sec. 27, infra). The rule applies to amendments offered by committee 
  as well as to amendments recommended from the floor. Sec. 19, infra.
      The form in which an amendment is offered may affect the 
  determination of whether the amendment is germane. Thus, whether an 
  amendment adds a new title to a bill or adds language to an existing 
  title may affect the determination of whether the amendment is 
  germane. Sec. 16, infra.


  Sec. 15 . Amendments to Particular Portion of Bill

      An amendment must be germane to the particular portion of the bill 
  to which it is offered. 96-1, May 16, 1979, p 11470. If the amendment 
  is offered to a particular paragraph or section, then it must be 
  germane thereto.

[[Page 503]]

  Manual Sec. 793; Deschler-Brown Ch 28 Sec. 18; 101-2, July 31, 1990, p 
  ____. Similarly, an amendment to a bill being read for amendment by 
  titles must be germane to the title to which offered. 96-2, Sept. 5, 
  1980, pp 24375-97. The Chair may rule out an amendment as not germane 
  to the portion to which it has been offered without passing on the 
  germaneness of the amendment to the bill as a whole. 75-3, Mar. 18, 
  1938, p 3698.
      The test of germaneness of an amendment is its relationship to the 
  pending portion of the bill, as amended to that point. 96-1, May 16, 
  1979, pp 11466, 11467, 11470. For this reason, an amendment may be 
  ruled out because it is not germane to a particular part of the bill, 
  while a similar amendment may be allowed subsequently when the scope 
  of the bill has been broadened by additional paragraphs passed in the 
  reading. 91-1, Oct. 3, 1969, p 28454. By the same token, an amendment 
  that might be considered germane if offered at the end of the reading 
  of the bill for amendment may not be germane if offered during the 
  reading, before all the provisions of the bill are before the 
  Committee of the Whole for consideration. 91-1, Oct. 3, 1969, p 28442.
      In passing on the germaneness of an amendment, the Chair considers 
  the relation of the amendment to the bill as modified by the Committee 
  of the Whole at the time the amendment is offered, and not as 
  originally referred to the Committee. An amendment that would be in 
  order if offered when the bill is first taken up may be held not 
  germane to the bill, as modified, after portions of the bill have been 
  stricken out by amendments in the Committee of the Whole. 8 Cannon 
  Sec. 2910.


  Sec. 16 . Adding New Section or Title

      An amendment in the form of a new title, section, or paragraph 
  need not necessarily be germane to the title, section, or paragraph 
  immediately preceding it. 8 Cannon Secs. 2932, 2935. Deschler-Brown Ch 
  28 Sec. 19; 99-1, Oct. 8, 1985, p 26551. If offered at the conclusion 
  of the reading, it is sufficient that it be germane to the subject 
  matter of the bill as a whole. 86-1, June 24, 1959, p 11790; 95-2, 
  Feb. 23, 1978, p 4452; 95-2, Aug. 2, 1978, p 23938; 96-1, Aug. 1, 
  1979, p 21967. Thus, the test of germaneness of an amendment adding a 
  new title at the end of a bill is its relationship to the bill as a 
  whole, as perfected. 98-2, Aug. 10, 1984, pp 23958, 23968, 23974-78; 
  99-1, July 11, 1985, p 18602; 99-1, Oct. 8, 1985, p 26551. For this 
  reason, an amendment which might not be germane when offered to a 
  particular title of a bill may be considered germane if offered as a 
  new title. 90-1, Oct. 11, 1967, p 28649. This test is applied even 
  though the amend-

[[Page 504]]

  ment in effect modifies a provision previously read and passed. 86-1, 
  June 24, 1959, p 11790.
      In determining the application of this test, the Chair must take 
  into account whether the text is being read by titles, sections, or 
  paragraphs. Thus, the test of the germaneness of an amendment in the 
  form of a new section to a title of a bill being read by titles is the 
  relationship between the amendment and the pending title. 94-1, Sept. 
  17, 1975, p 28927.


  Sec. 17 . Striking Out Text

      An amendment striking out language in a bill may be subject to the 
  point of order that it is not germane. 8 Cannon Sec. 2920. A proposal 
  to eliminate portions of a text, thereby extending the scope of its 
  provisions to subjects other than those originally presented, is in 
  violation of the rule requiring germaneness. Deschler-Brown Ch 28 
  Sec. 20; 86-2, Mar. 23, 1960, p 6381. A motion to strike out a portion 
  of the text of an amendment, thereby extending its scope to a more 
  general subject, is not germane. 96-1, July 17, 1979, p 19066. A pro 
  forma amendment merely to ``strike out the last word'' is germane. 89-
  1, July 28, 1965, p 18639.


  Sec. 18 . Substitute Amendments

      A substitute must be germane to the amendment for which it is 
  offered. 96-1, June 26, 1979, pp 16663, 16668, 16673, 16674; 98-1, 
  June 15, 1983, pp 15803, 15809. A substitute for an amendment must be 
  confined in scope to the subject of the amendment (93-2, Mar. 6, 1974, 
  pp 5448, 5449) and must relate to the same portion of the bill being 
  amended by the amendment (94-1, Oct. 8, 1975, p 32428). However, for 
  an amendment changing certain language in a pending section, a 
  substitute changing that text and also additional language in the 
  section may be germane if it has the effect of dealing with the same 
  subject in a related and more limited way. 95-1, May 25, 1977, pp 
  16648, 16652, 16653.
      The test of the germaneness of a substitute amendment is its 
  relationship to the amendment for which offered and not its 
  relationship to the pending bill. See Deschler-Brown Ch 28 Sec. 21; 
  Manual Sec. 795. Thus, for an amendment establishing a termination 
  date for the Federal Energy Administration, a substitute not dealing 
  with the date of termination but providing instead a reorganization 
  plan for that agency was ruled out as not germane. 94-2, June 1, 1976, 
  p 16056.

[[Page 505]]

  Sec. 19 . Committee Amendments

      The rule of germaneness applies to committee amendments as well as 
  those to offered by individual Members. 5 Hinds Sec. 5806; Deschler-
  Brown Ch 28 Sec. 22. A committee amendment, whether or not in the 
  nature of a substitute, should be germane to the bill as introduced. 
  90-1, Oct. 10, 1967, p 28406.


  Sec. 20 . Recommittals; Instructions to Committees

      The germaneness rule applies to instructions in a motion to 
  recommit a bill to a committee. 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. 5 Hinds 
  Secs. 5529-5541; 8 Cannon Secs. 2708-2712; Manual Sec. 796. In one 
  instance, for example, during consideration of a bill authorizing 
  military expenditures, a motion to recommit with instructions was 
  ruled out on a point of order because it contained provisions seeking 
  to prescribe foreign policy objectives. 90-1, Mar. 2, 1967, p 5155.
      The instructions must be germane to the bill as perfected by the 
  House (103-1, Nov. 19, 1993, p __________), even where the 
  instructions do not propose a direct amendment to the bill but merely 
  direct the committee to pursue an unrelated approach (95-2, Mar. 2, 
  1978, p 5272) or direct the committee not to report the bill back to 
  the House until an unrelated contingency occurs (8 Cannon Sec. 2704). 
  An amendment carrying instructions in the form of a new title at the 
  end of a bill need only be germane to the bill as a whole. 99-2, Sept. 
  19, 1986, pp 24731 et seq.
      A point of order against a motion to recommit with instructions 
  has been entertained prior to completion of the reading of such motion 
  where the matter contained in the instructions has been ruled out as 
  not germane when offered as an amendment in the Committee of the 
  Whole. 90-1, Mar. 2, 1967, p 5155.


           C. Amendments Imposing Qualifications or Limitations


  Sec. 21 . In General; Exceptions or Exemptions

      As pointed out earlier in this chapter, a general subject may be 
  amended by a specific proposition of the same class. Sec. 11, supra. 
  Under an extension of this principle an amendment that makes a 
  specific exception to or exemption from a general proposition is 
  germane and in order. 8 Cannon Sec. 3028; Deschler-Brown Ch 28 
  Sec. 29. Thus, to a section dealing with a designated

[[Page 506]]

  class, an amendment exempting from the provisions of the section a 
  certain portion of that class may be germane. 8 Cannon Sec. 3026. 
  Provisions restricting authority may be modified by amendments 
  providing exceptions to those restrictions. 8 Cannon Sec. 3024. 
  Further illustrations of this rule are set forth below.

                                                  Held Germane                                                  
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Providing for deportation of aliens...                   Exempting a portion of such aliens from deportation (8 
                                                          Cannon Sec.  3029)                                    
                                                                                                                
Prohibiting the issuance of injunctions by the courts    Excepting all labor disputes affecting public utilities
 in labor disputes...                                     (8 Cannon Sec.  3024)                                 
                                                                                                                
Prohibiting an administrator from setting ceiling        Exempting new crude petroleum sold by producers of less
 prices for domestic crude oil above a certain level...   than 30,000 barrels per day (93-2, Mar. 6, 1974, p    
                                                          5449)                                                 
                                                                                                                
Limiting discretionary powers conferred in a bill...     Providing an exception from that limitation (93-2, Mar.
                                                          6, 1974, p 5449)                                      
                                                                                                                
Requiring NLRB certification of employee elections of    Making an exception where an employer has undermined   
 unions as bargaining agents only where there has been    the election or is otherwise estopped from challenging
 a secret ballot...                                       it (95-1, Oct. 6, 1977, p 32608)                      
                                                                                                                
Denying benefits to recipients failing to meet a         Denying the same benefits to some recipients but       
 certain qualification...                                 excepting others (97-2, July 28, 1982, p 18358)       
                                                                                                                

  Sec. 22 . Conditions or Qualifications

      A condition or qualification sought to be added by way of 
  amendment must be germane to the provisions of the bill. Manual 
  Sec. 800; Deschler-Brown Ch 28 Sec. 30. An amendment is not germane if 
  it makes the effectiveness of a bill contingent upon an unrelated 
  event or determination. 93-1, Dec. 11, 1973, p 40837; 98-1, Nov. 2, 
  1983, pp 30525-27, 30541, 30542. Thus, an amendment making the 
  implementation of a funding program contingent upon compliance with 
  unrelated legislation is not germane. 98-1, June 16, 1983, p 16060. 
  For discussion of postponements pending contingencies, see Sec. 26, 
  infra.
      On the other hand, an amendment imposing a condition may be in 
  order if it imposes a prerequisite that comes within the general 
  subject covered

[[Page 507]]

  by the bill. For example, where a bill provided a comprehensive grant 
  program that included within its scope the welfare of law enforcement 
  officers, an amendment requiring states to enact a law enforcement 
  officers' grievance system as a prerequisite to receiving grants under 
  the bill was held to come within the general subject of law 
  enforcement improvement covered by the bill and was held germane. 93-
  1, June 18, 1973, pp 20099-101.
      Assistance to a particular class of recipient covered by a bill 
  may not by amendment be conditioned on actions or inaction by another 
  class of recipient or agent not covered by the bill. 99-2, Mar. 5, 
  1986, pp 3612, 3613. An amendment conditioning the availability to 
  certain recipients of funds in an authorization bill upon their 
  compliance with federal law not otherwise applicable to those 
  recipients and within the jurisdiction of other House committees may 
  be ruled out as not germane. 98-1, June 16, 1983, pp 16059, 16060.

                                                  Held Germane                                                  
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Authorizing the funding of a variety of programs that    Conditioning the availability of those funds upon      
 satisfy several stated requirements, in order to         implementation of another program related to that     
 accomplish a general purpose...                          general purpose (93-1, June 18, 1973, pp 20099-101)   
                                                                                                                
Providing for scholarships...                            Relating to requirements for eligibility for such      
                                                          scholarships (89-1, Sept. 1, 1965, p 22475)           
                                                                                                                
Authorizing funds for military procurement and           Barring use of the funds in military operations in     
 construction...                                          North Vietnam (90-1, Mar. 2, 1967, p 5143)            
                                                                                                                
Authorizing the insurance of vessels...                  Denying such insurance to vessels charging exorbitant  
                                                          rates (8 Cannon Sec.  3023)                           
                                                                                                                
Authorizing an agency to undertake certain               Allowing Congress to disapprove regulations issued     
 activities...                                            pursuant thereto (94-2, May 4, 1976, p 12348)         
                                                                                                                
Directing the furnishing of certain intelligence         Imposing relevant conditions of security on the        
 information to the House...                              handling of such information in committee (102-1, June
                                                          11, 1991, p ____)                                     
                                                                                                                


[[Page 508]]

  Sec. 23 . Restrictions or Limitations

      Restrictions and limitations sought to be added to a bill by way 
  of amendment must be germane to the provisions of the bill. Manual 
  Sec. 800; Deschler-Brown Ch 28 Sec. 32. Thus, to a bill amending a 
  statute, an amendment prohibiting assistance under that act or under 
  any other act for a particular purpose, and affecting laws not being 
  amended by the bill, may be ruled out as not germane. 94-2, May 11, 
  1976, pp 13419, 13427. Other illustrations of this principle are set 
  forth below.

                                                  Held Germane                                                  
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Authorizing change in railroad rates...                  Excluding rate increases (8 Cannon Sec.  3022)         
                                                                                                                
Authorizing aid to shipping...                           Limiting such aid to ships equipped with life-saving   
                                                          devices (8 Cannon Sec.  3027)                         
                                                                                                                
Authorizing use of oil-burning engines on ships...       Prohibiting use of such engines if constructed outside 
                                                          of U.S. (8 Cannon Sec.  3032)                         
                                                                                                                
Authorizing the furnishing of medical services and       Prohibiting the use of such services to perform certain
 facilities...                                            abortions (96-1, July 11, 1979, pp 18022, 18052)      
                                                                                                                
Providing unlimited terms of service for judges...       Restricting terms to four years (8 Cannon Sec.  3031)  
                                                                                                                
Providing for the transfer of specified property solely  Requiring reversion of the property if not used for    
 for the purpose of providing shelter to the homeless     that charitable purpose as defined under a provision  
 and to protect the public health...                      of the Internal Revenue Code (99-2, June 5, 1986, pp  
                                                          12592-94)                                             
                                                                                                                


                                                Held Not Germane                                                
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Repairing naval vessels...                               Prohibiting such repairs in navy yards when possible to
                                                          make at less expense elsewhere (8 Cannon Sec.  3034)  
                                                                                                                


[[Page 509]]

  Sec. 24 . -- Limitations on Discretionary Powers

      To a proposition conferring discretionary authority, an amendment 
  limiting or restricting the exercise of that authority is germane. 8 
  Cannon Sec. 3022; Deschler-Brown Ch 28 Sec. 33; 93-2, Mar. 5, 1974, pp 
  5309, 5310; 93-2, Mar. 6, 1974, pp 5436, 5437; 95-2, Aug. 2, 1978, p 
  23730. For example, where a bill continues the authority of an 
  official to set maximum interest rates on loans, an amendment placing 
  a limit on such authority is germane. 91-1, Sept. 29, 1969, p 27351.
      An amendment limiting the exercise of a discretionary power 
  conferred in a bill may be germane even though it incorporates as a 
  term of measurement a qualification or condition applicable to 
  entities beyond the scope of the bill. 95-2, July 19, 1978, p 21704. 
  Thus, to a proposition that the Administrator of Veterans' Affairs be 
  authorized to establish a maximum interest rate for loans, an 
  amendment stating that ``the rate fixed shall not be higher than the 
  FHA rate'' was held germane. 91-1, Sept. 29, 1969, p 27351.
      While a proposition reorganizing existing discretionary agency 
  authority may be amended by imposing limitations on the exercise of 
  those functions, an amendment directly changing policies in the 
  substantive law to be administered by that agency is not germane. 93-
  2, Mar. 6, 1974, pp 5433-36.

                                                  Held Germane                                                  
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Authorizing funds for the National Aeronautics and       Prohibiting contracts for ``support'' services except  
 Space Administration...                                  where certain cost comparisons had been made (90-1,   
                                                          June 28, 1967, p 17748)                               
                                                                                                                
Conferring authority on the President to establish       Restricting that regulatory authority by requiring that
 rules for ordering priorities among petroleum users      petroleum products allocated for public school        
 and requiring that vital services in the areas of        transportation be used only between the student's home
 education and transportation shall receive priority...   and the school closest thereto (93-1, Dec. 13, 1973,  
                                                          pp 41267-69)                                          
                                                                                                                
Prescribing the functions of a new Federal Energy        Limiting the authority of the administrator in setting 
 Administration by conferring wide discretionary powers   prices for propane gas by requiring an equitable      
 on the administrator...                                  allocation of production costs (93-2, Mar. 5, 1974, pp
                                                          5309, 5310)                                           
                                                                                                                

[[Page 510]]

                                                                                                                
Prescribing the functions of a new Federal Energy        Prohibiting the promulgation of petroleum rationing    
 Administration...                                        rules without prior approval by Congress (93-2, Mar.  
                                                          6, 1974, p 5439)                                      
                                                                                                                
Authorizing an agency to undertake certain               Providing that regulations issued pursuant to that     
 activities...                                            authority may be disapproved by Congress (94-2, May 4,
                                                          1976, pp 12344, 12345, 12348)                         
                                                                                                                
Continuing U.S. participation under the International    Directing opposition in that forum to loans to nations 
 Development Association Act...                           not party to a nuclear nonproliferation treaty (93-2, 
                                                          July 2, 1974, p 22029)                                
                                                                                                                
Containing diverse provisions relating to authorities    Precluding the use of certain land for deployment of a 
 of the Department of Defense...                          weapons system pending a study (96-2, May 21, 1980, pp
                                                          11972, 11973)                                         
                                                                                                                

  Sec. 25 . -- Restrictions on Use of Funds

      Amendments that merely place restrictions on the use of funds that 
  are authorized or referred to in the bill are generally upheld as 
  germane. Deschler-Brown Ch 28 Sec. 34; 93-2, Aug. 15, 1974, pp 28423, 
  28438, 28439. An amendment seeking to restrict the use of funds must 
  be limited to the subject matter and scope of the provisions sought to 
  be amended. Manual Sec. 800. The amendment must be confined to the 
  agencies, authority, and funds addressed by the bill and may not be 
  more comprehensive in scope. 94-2, July 27, 1976, pp 24040, 24041. A 
  limiting amendment may be held not germane if it places restrictions 
  on funds authorized or appropriated in other bills. 90-1, Aug. 24, 
  1967, p 24002. To be germane, the amendment restricting the use of 
  funds must relate solely to those funds and may not apply to another 
  related category of funds. 96-2, Mar. 6, 1980, pp 4970, 4971.
      An amendment limiting the use of funds by a particular agency 
  funded in a general appropriations bill may be germane at more than 
  one place in the bill; subject to clauses 2(c) and (d) of Rule XXIthe 
  amendment may be offered when the paragraph carrying such fund is 
  pending, or to an appropriate ``general provision'' portion of the 
  bill affecting that agency or all agencies funded by the bill. See 96-
  1, July 16, 1979, p 18807.

[[Page 511]]



                                                  Held Germane                                                  
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Authorizing supplemental appropriations for military     Declaring that none of those funds be used to carry out
 procurement, development, and construction...            military operations in North Vietnam (90-1, Mar. 2,   
                                                          1967, p 5142)                                         
                                                                                                                
Appropriating funds for an additional Washington         Placing a limit on the amount to be used for the       
 airport...                                               construction of an access road (86-1, June 29, 1959, p
                                                          12121)                                                
                                                                                                                
Authorizing an investigation and incidental travel to    Placing restrictions on the funds permitted to be used 
 be undertaken by a committee of the House...             in such travel (88-1, Jan. 31, 1963, p 1547)          
                                                                                                                
Authorizing appropriations to enter into contracts for   Prohibiting the use of the funds to enter into         
 the development of synthetic fuels...                    contracts with any major oil company (96-1, June 26,  
                                                          1979, pp 16694-96)                                    
                                                                                                                
Authorizing appropriations for contributions to the      Prohibiting the use of those funds to assist in the    
 United Nations Environmental Fund...                     reconstruction of North Vietnam (93-1, May 15, 1973,  
                                                          pp 15747, 15752)                                      
                                                                                                                
Authorizing appropriations for the National Science      Prohibiting the use of those funds for research on a   
 Foundation...                                            live human fetus outside the womb (93-1, June 22,     
                                                          1973, p 20946)                                        
                                                                                                                
To establish a rural electrification and telephone       To provide that no such funds be used outside the      
 revolving fund for insured and guaranteed loans...       United States or its possessions (93-1, Apr. 4, 1973, 
                                                          pp 10395, 10396)                                      
                                                                                                                
Continuing U.S. participation under the International    Prohibiting the use of U.S. contributions as loans for 
 Development Association Act...                           the purchase of nuclear weapons or materials (93-2,   
                                                          July 2, 1974, pp 22026, 22028)                        
                                                                                                                
Restricting the availability of funds to a certain       Further restricting the availability of those funds to 
 category of recipients...                                a subcategory of the same recipients (96-1, Sept. 25, 
                                                          1979, pp 26135 et seq.)                               
                                                                                                                

[[Page 512]]

                                                                                                                
Providing assistance for mass transportation programs    Prohibiting the use of funds to implement programs     
 and permitting certain school systems to be eligible     intended to overcome racial imbalance in school       
 applicants for school bus subsidies...                   systems (93-2, Aug. 15, 1974, pp 28423, 28438, 28439) 
                                                                                                                
Authorizing funds and limited use of troops for a        Denying funds for deployment of troops beyond a certain
 specific purpose...                                      period of time (94-1, Apr. 23, 1975, p 11508)         
                                                                                                                


                                                Held Not Germane                                                
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Changing a dollar amount in operating expenses for an    Prohibiting a certain activity and the use of any funds
 agency...                                                therefor (92-2, June 7, 1972, pp 19920, 19927)        
                                                                                                                
Establishing a new Department of Education and           Prohibiting the use of funds to compel the             
 addressing only the administrative structure of the      transportation of students or teachers to establish   
 department...                                            racial or ethnic balance (96-1, June 12, 1979, pp     
                                                          14466, 14485, 14486)                                  
                                                                                                                
To approve an increase in the U.S. quota to the          Prohibiting the alienation of gold to any international
 International Monetary Fund and to authorize dealing     organization or its agents, or to any person or       
 in gold in connection therewith...                       organization acting for certain purchasers (94-2, July
                                                          27, 1976, pp 24040, 24041)                            
                                                                                                                
Striking out a provision prohibiting the use of funds    Prohibiting the use of funds in the bill or in any     
 in the bill for a designated oil land lease in           other act for that lease and other California leases  
 California...                                            (98-1, Oct. 5, 1983, pp 27319, 27320)                 
                                                                                                                
                                                                                                                

  Sec. 26 . Postponing Effectiveness Pending Contingency

      An amendment delaying the operation of proposed legislation 
  pending an unrelated contingency is not germane. Manual Sec. 800; 8 
  Cannon Sec. 3037; Deschler-Brown Ch 28 Sec. 31; 90-1, Aug. 24, 1967, 
  pp 23977, 24002; 94-1, Apr. 23, 1975, p 11512; 94-1, Sept. 25, 1975, p 
  30227. Thus, an amendment making the implementation of federal 
  legislation contingent upon the

[[Page 513]]

  enactment of unrelated state legislation is not germane. 90-1, June 
  29, 1967, p 17921. And it is not germane for an amendment to render a 
  measure contingent upon an unrelated congressional action. For 
  example, to a bill authorizing appropriations for radio broadcasting 
  to Cuba, an amendment prohibiting use of those funds until Congress 
  has considered a constitutional amendment mandating a balanced budget 
  was ruled out as nongermane, imposing an unrelated contingency 
  requiring separate congressional action on another subject. 97-2, Aug. 
  10, 1982, p 20250.
      Amendments that unconditionally postpone the effective date of the 
  legislation to a date certain have been upheld as germane. Thus, to a 
  title of a bill establishing procedures permitting either House of 
  Congress to disapprove an impoundment of appropriated funds by the 
  President, an amendment delaying the effective date of that title to a 
  day certain was held germane. 93-1, July 25, 1973, p 25828. Similarly, 
  to an amendment abolishing the Federal Energy Administration on a date 
  certain and transferring some of its functions to other agencies at 
  that time, an amendment delaying the termination date of that agency 
  for one year was held germane. 94-2, June 1, 1976, pp 16025, 16026.
      An amendment may make the effectiveness of a bill subject to a 
  condition if that condition is related to the provisions of the bill. 
  94-1, Apr. 23, 1975, p 11529; 95-2, Aug. 2, 1978, p 23933. An 
  amendment delaying operation of a proposed amendment pending an 
  ascertainment of a fact is germane when the fact to be ascertained 
  relates solely to the subject matter of the bill. 8 Cannon Sec. 3029; 
  97-2, Dec. 15, 1982, pp 39057-61. But an amendment is not germane if 
  it delays the effectiveness of a bill contingent upon actions not 
  involved in the administration of the affected program and which 
  extend in scope beyond the authorities contained in the bill. 96-2, 
  Nov. 14, 1980, pp 29615-17. Likewise, an amendment to an appropriation 
  bill delaying the availability of the appropriation pending an 
  unrelated contingency--the enactment of certain revenue legislation 
  into law--is not germane. 96-1, Oct. 25, 1979, p 29639.

                                                  Held Germane                                                  
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Authorizing funds for elementary and secondary           Barring use of funds ``so long as the present ...      
 education...                                             Commissioner of Education occupies that office'' (89- 
                                                          2, Oct. 6, 1966, p 25583)                             
                                                                                                                

[[Page 514]]

                                                                                                                
Relating to an expenditure of funds to pay for a cost-   Restricting their availability during months in which  
 of-living salary increase for Members...                 there is an increase in the public debt (96-1, Sept.  
                                                          25, 1979, pp 26150-52)                                
                                                                                                                
Authorizing appropriations for humanitarian and          Making that authorization contingent on a report to    
 evacuation assistance to war refugees in South           Congress on the costs of a portion of the evacuation  
 Vietnam...                                               program (94-1, Apr. 23, 1975, p 11529)                
                                                                                                                
Authorizing defense assistance to a foreign nation...    Delaying that assistance until that nation's former    
                                                          ambassador testified before a House committee (95-2,  
                                                          Aug. 2, 1978, p 23933)                                
                                                                                                                


                                                Held Not Germane                                                
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Extending laws relating to housing and urban renewal...  Barring appropriation for the purposes of the bill     
                                                          until enactment of legislation raising additional     
                                                          revenue (86-1, May 21, 1959, p 8840)                  
                                                                                                                
Appropriating funds for emergency fuel assistance...     Prohibiting the obligation of such funds before the    
                                                          enactment of an oil windfall profit tax (96-1, Oct.   
                                                          25, 1979, p 29639)                                    
                                                                                                                
Authorizing funds for construction of atomic energy      Making such project contingent upon the enactment of   
 facilities...                                            federal or state fair housing measures (90-1, June 29,
                                                          1967, p 17921)                                        
                                                                                                                
Authorizing appropriations for the Arms Control and      Delaying the authorization until the Soviet Union      
 Disarmament Agency...                                    ``ceases to supply military articles to our enemy in  
                                                          Vietnam'' (90-2, Mar. 6, 1968, p 5426)                
                                                                                                                
Authorizing funds for foreign assistance...              Making aid to a nation contingent upon the enactment of
                                                          tax reform measures by that nation (90-1, Aug. 24,    
                                                          1967, p 23977)                                        
                                                                                                                

[[Page 515]]

                                                                                                                
Authorizing military assistance to Israel and funds for  Postponing the availability of funds to Israel until   
 the United Nations Emergency Force in the Middle         the President certifies the existence of a designated 
 East...                                                  level of energy supplies for the U.S. (93-1, Dec. 11, 
                                                          1973, p 40837)                                        
                                                                                                                
Authorizing radio broadcasting to Cuba...                Prohibiting use of broadcasting funds until Congress   
                                                          has considered a constitutional amendment mandating a 
                                                          balanced budget (97-2, Aug. 10, 1982, p 20250)        
Authorizing the development of certain military missile  Making expenditures contingent on the impact of U.S.   
 systems...                                               grain sales on Soviet military preparedness (98-1,    
                                                          July 21, 1983, p 20189)                               
                                                                                                                
Rescinding an agency's funds for motor vehicle seat      Conditioning the availability of all funds pending     
 belt and passive restraint research and education...     state compliance with federal standards for mandatory 
                                                          seat belt use (99-1, July 31, 1985, pp 21832-34)      
                                                                                                                
                                                                                                                

                        D. Relation to Existing Law


  Sec. 27 . Amendments to Bills Amending Existing Law

      The germaneness rule may provide the basis for a point of order 
  against an amendment that is offered to a bill amending existing law. 
  A germaneness point of order may be sustained where the proposed 
  amendment relates to the existing law rather than to the pending bill. 
  8 Cannon Secs. 2916, 3045; Deschler-Brown Ch 28 Sec. 35; Manual 
  Sec. 799. Unless a bill so extensively amends existing law as to open 
  up the entire law to amendment, the germaneness of an amendment to the 
  bill depends upon its relationship to the subject of the bill and not 
  to the entire law being amended. 94-1, Oct. 28, 1975, p 34037. A bill 
  amending several sections of one title of the U.S. Code does not 
  necessarily bring the entire title under consideration so as to permit 
  an amendment to any portion thereof. 90-1, Oct. 11, 1967, p 28649. See 
  also 102-1, Oct. 17, 1991, p ____.
      Where a bill amends existing law in one narrow particular, an 
  amendment proposing to modify such existing law in other particulars 
  will gen-

[[Page 516]]

  erally be ruled out as not germane. 86-1, Sept. 4, 1959, p 18841; 90-
  1, Aug. 16, 1967, p 22768; 92-1, Dec. 8, 1971, p 45535. Likewise, if a 
  bill amending existing law relates to a single subject or has a single 
  purpose, a proposed amendment is not germane that proposes to modify 
  the law further in a manner not related to the purpose of the bill. 
  89-1, July 28, 1965, pp 18631, 18633; 93-2, Feb. 5, 1974, p 2064. 
  Where a proposition narrowly amends one section of existing law by 
  changing a specific program therein, that section of law is not open 
  to a further amendment that would enlarge the scope of the pending 
  proposition. 92-1, Dec. 8, 1971, p 45536.
      To a proposition modifying a limited portion of existing law, an 
  amendment further modifying that portion may be germane. 87-1, Mar. 
  24, 1961, p 4797. Such an amendment may add exceptions or definitions 
  modifying the proposition if related to the same subject. 95-1, Oct. 
  6, 1977, p 32608. But an amendment repealing the law is not germane. 
  88-2, Mar. 12, 1964, p 5125. Other amendments that have been ruled out 
  as beyond the scope of propositions to change existing law are set out 
  below:

                                                Held Not Germane                                                
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Amending a section of title 5 of the U.S. Code granting  Extending those rights to legislative branch employees 
 certain rights to employees of executive agencies...     as defined in a different section of that title (94-1,
                                                          Oct. 28, 1975, p 34037)                               
                                                                                                                
Amending a portion of an existing law to extend the      Amending another section of that law mandating that the
 authorization for U.S. contributions to the              total budget outlays of the federal government shall  
 International Monetary Fund...                           not exceed its receipts (98-1, Aug. 3, 1983, p 22679) 
                                                                                                                

  Sec. 28 . Amendments to Bills Repealing Existing Law

      Where a bill repealing several sections of an existing law is 
  pending, an amendment proposing to repeal the entire law may be 
  germane. Deschler-Brown Ch 28 Sec. 37. Where the bill seeks to repeal 
  only one provision of an existing law, an amendment modifying that 
  provision in existing law (rather than repealing it) may also be 
  germane. 91-1, Oct. 30, 1969, p 32466. On the other hand, to a bill 
  repealing one narrow subsection of existing law, an amendment 
  proposing a comprehensive revision of the whole law is not germane. 
  91-1, Oct. 30, 1969, p 32464.

[[Page 517]]



                                                Held Not Germane                                                
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Seeking the repeal of Chinese Exclusion Acts...          Relating to immigration generally (78-1, Oct. 21, 1943,
                                                          p 8633)                                               
                                                                                                                
Repealing a narrow provision of an existing act...       Expressing congressional policy as to the pending bill 
                                                          and to the administration of the whole act (91-1, Oct.
                                                          30, 1969, p 32465)                                    
                                                                                                                
Repealing a provision of existing labor law, thereby     Modifying the law to permit states to bar the          
 depriving the states of the power to prohibit ``closed   application of ``closed shop'' agreements to veterans 
 shop contracts''...                                      of military service (89-1, July 28, 1965, p 18636)    
                                                                                                                
Repealing a narrow subsection of law relating to the     Placing restrictions on the assignment of personnel to 
 order of induction of selective service registrants...   Vietnam without their consent (91-1, Oct. 30, 1969, p 
                                                          32466)                                                
                                                                                                                

  Sec. 29 . Amendments to Bills Incorporating Other Laws

      A bill incorporating by reference procedural requirements 
  contained in other Acts may be broad enough in scope to permit an 
  amendment similarly referring to, but not directly amending, other 
  statutes, and intended to accomplish the result sought to be effected 
  by the portion of the bill to which offered. 92-2, Aug. 2, 1972, pp 
  26487, 26493. Thus, to a bill including requirements for certification 
  of federal land use activities as compatible with approved state 
  management programs and incorporating by reference certain statutory 
  provisions, an amendment applying the procedures contained in those 
  statutes to approval of such federal land use programs in lieu of the 
  certification procedures in the bill was held germane. 92-2, Aug. 2, 
  1972, pp 26487, 26493. On the other hand, to a bill citing but not 
  amending a law on one subject, an amendment incorporating that law by 
  reference to broaden its application to the subject of the bill is not 
  germane. 95-2, Oct. 5, 1978, p 33818.


  Sec. 30 . Amendments to Bills Continuing or Extending Existing Laws

      A bill extending an existing law may open up the law being 
  extended to germane amendments. Deschler-Brown Ch 28 Sec. 39; 91-1, 
  Sept. 29, 1969, p 27342. A bill continuing and reenacting an existing 
  law may be amended

[[Page 518]]

  by a proposition modifying in a germane manner the provisions of the 
  law being extended. 94-2, June 1, 1976, p 16025. See also 88-1, Oct. 
  31, 1963, p 20728; 94-2, June 1, 1976, p 16046. To a bill extending an 
  existing law in modified form, an amendment proposing further 
  modification of the law is germane. 91-1, Apr. 23, 1969, p 10067. But 
  while a bill ``extending existing law'' may open up the law being 
  extended to germane amendments, a proposition that merely extends an 
  official's authority under that law does not necessarily open up the 
  basic law to amendment. 91-1, Sept. 29, 1969, p 27342.

                                                  Held Germane                                                  
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Continuing for one year the Mexican farm labor           Requiring a determination that reasonable efforts have 
 program...                                               been made to hire domestic workers (88-1, Oct. 31,    
                                                          1963, p 29728)                                        
                                                                                                                
Amending and extending the Elementary and Secondary      Providing that no funds in the act be used for the     
 Education Act...                                         transportation of students or teachers ``in order to  
                                                          meet provisions of'' the Civil Rights Act of 1964 (91-
                                                          1, Apr. 23, 1969, p 10067)                            
                                                                                                                
Reenacting a law to extend the existence of the Federal  Restricting the method of submitting energy action     
 Energy Administration, including the authority to        proposals to Congress (94-2, June 1, 1976, p 16046)   
 conduct energy programs...                                                                                     
                                                                                                                
Extending the existence of the Federal Energy            Requiring that agency to promulgate regulations to     
 Administration and authorizing appropriations for that   assure that the agency hearings be conducted in       
 agency...                                                certain areas (94-2, June 1, 1976, p 16058)           
                                                                                                                


[[Page 519]]


                                                Held Not Germane                                                
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Extending the authority of the Administrator of          Altering provisions of existing law and modifying the  
 Veterans' Affairs to establish a maximum interest rate   authority of the administrator to manage the loan     
 for insured loans to veterans...                         program (91-1, Sept. 29, 1969, p 27342)               
                                                                                                                
Extending the school milk program and making             Further extending such benefits to programs operated by
 ``preschool programs operated as part of the school      nonprofit institutions in depressed areas (89-2, Sept.
 system'' eligible for benefits...                        1, 1966, p 21656)                                     
                                                                                                                

  Sec. 31 . Amendments Changing Law to Bills Not Changing That Law

                                 Generally

      An amendment that amends a law not contemplated in the bill under 
  consideration and not related to the text before the House is subject 
  to a germaneness point of order. Thus, to a bill amending one existing 
  law, an amendment changing the provisions of another law is not 
  germane. 90-1, Sept. 28, 1967, p 27214. Likewise, to a bill making 
  appropriations for the current fiscal year, an amendment permanently 
  changing existing law is not germane and thus is not in order even 
  though it tends to reduce expenditures for that year. 91-1, May 21, 
  1969, p 13269.
      However, the germaneness of such an amendment may be affected by 
  other amendments that broaden the scope of the pending bill. For 
  example, where a bill authorizing foreign military assistance was 
  broadened by amendment to address permanent law relating to economic 
  relations with foreign nations, an amendment to remove military and 
  economic trade sanctions against Rhodesia was held germane to the bill 
  as a whole in its perfected form. 95-2, Aug. 2, 1978, p 23938.
      Set out below are precedents illustrating the rule that an 
  amendment is subject to a point of order if it amends a law that is 
  not contemplated in the bill under consideration.

                                                Held Not Germane                                                
                                                                                                                
                          Text                                                  Amendment                       
                                                                                                                
Reorganizing existing discretionary governmental         Directly changing policies in the substantive law to be
 authority and vesting it in a new agency...              administered by that agency (93-2, Mar. 6, 1974, pp   
                                                          5433-36)                                              
                                                                                                                

[[Page 520]]

                                                                                                                
Consolidating certain functions under a new agency and   Prescribing new policy by amending a law not amended by
 limiting its policy-making authority to that contained   the bill (93-2, Mar. 5, 1974, pp 5306-09)             
 in existing law...                                                                                             
                                                                                                                
Providing in part for increased salaries for Members of  Relating to audits of financial transactions of the    
 Congress and legislative employees...                    House and the Architect of the Capitol under another  
                                                          law (88-2, Mar. 12, 1964, p 5125)                     
                                                                                                                
Amending the Fair Labor Standards Act and concerned      Proposing changes in the Tariff Act of 1930 and        
 with the effect of imports on the domestic labor         concerned with the importation of merchandise from    
 market...                                                Communist nations (90-1, Sept. 28, 1967, p 27214)     
                                                                                                                
Establishing a Federal Energy Administration but not     Repealing the Emergency Daylight Saving Time Energy    
 amending existing laws relating to energy conservation   Conservation Act (93-2, Mar. 7, 1974, pp 5653, 5654)  
 policy...                                                                                                      
                                                                                                                
Regulating the importation of liquefied natural gas,     Changing the Natural Gas Act to prohibit the FPC from  
 but not directly amending the Natural Gas Act...         regulating the price of natural gas at the well-head  
                                                          (93-1, Dec. 14, 1973, pp 41723-25)                    
                                                                                                                
Changing certain Acts to provide for market adjustment   Proposing modification of another Act to direct the    
 and price support programs for wheat and feed            President to conduct an investigation into imports of 
 grains...                                                specified agricultural products (86-2, June 23, 1960, 
                                                          p 14060)                                              
                                                                                                                
Changing for one year an existing law establishing       Waiving the provisions of another law relating to price
 price supports for several agricultural commodities...   supports for another agricultural commodity (94-1,    
                                                          Mar. 20, 1975, p 7667)                                
                                                                                                                

                            Waivers or Repeals

      An amendment repealing existing law has been held not germane to a 
  bill not amending that law. 93-2, Mar. 7, 1974, pp 5653, 5654. An 
  amendment may be subject to a point of order on the basis that it 
  contains the language ``notwithstanding any other provision of law'' 
  if it has the effect of waiving a statute not amended by the bill. 94-
  1, Mar. 20, 1975, p 7667.

[[Page 521]]

  In one such instance, the Chair noted that the waivers in the bill 
  were waivers of a narrow class of existing laws, whereas the amendment 
  waived various unspecified laws not within the scope of the pending 
  measure. 96-1, June 26, 1979, pp 11683-86.

                           Effect of Disclaimers

      Ordinarily, the inclusion of language in a bill ``disclaiming'' 
  any substantive effect of the bill on other provisions of law would 
  not render germane amendments which do in fact affect other law. But 
  where disclaimer language in a bill is accompanied by other provisions 
  changing a category of law cited in the disclaimer, an amendment 
  further addressing the relationship between the bill and laws cited in 
  the disclaimer may be germane. 98-1, Nov. 2, 1983, pp 30525, 30527, 
  30542, 30545-47.


                         E. House-Senate Relations


  Sec. 32 . Senate Germaneness Rules

      In contrast to the House practice, there is no general Senate rule 
  prohibiting nongermane amendments. However, questions of germaneness 
  of amendments to general appropriation bills are submitted to the 
  Senate without debate under Rule XVI. The Chair does not rule on the 
  question. 97-2, Mar. 31, 1982, pp 6166 et seq. Another rule prohibits 
  nongermane amendments to bills after cloture has been invoked. See 
  Senate Rule XXII clause 2. In addition, pursuant to unanimous-consent 
  agreements, the Senate sometimes prohibits nongermane amendments to 
  particular bills (81-2, Apr. 5, 1950, p 4774), or may prohibit a 
  certain class of nongermane amendments to a bill (81-2, Dec. 12, 1950, 
  p 16461). See Senate Procedure, Riddick, S. Doc. No. 101-28 (1992), p 
  854. Under Sec. 305 of the Budget Act, amendments offered in the 
  Senate to a concurrent resolution on the budget must be germane; and 
  under Sec. 310, a similar restriction applies to amendments to 
  reconciliation bills. Manual Sec. 1007.


  Sec. 33 . Motions to Instruct Conferees

      The rule that amendments must be germane applies to amendments to 
  a motion to instruct conferees. 8 Cannon Secs. 3230, 3235; Deschler-
  Brown Ch 28 Sec. 28. The test of an amendment to a motion to instruct 
  conferees is the relationship of the amendment to the subject matter 
  of the House and Senate versions of the bill (Manual Sec. 796) and not 
  to the original motion to instruct.
      Where an amendment in the nature of a substitute has been proposed 
  by one House for the entire bill passed by the other House, provisions 
  in

[[Page 522]]

  either the bill or the substitute may be addressed in motions to 
  instruct managers. 8 Cannon Sec. 3230.


  Sec. 34 . Senate Provisions in Conference Reports and in Amendments in 
            Disagreement

      Formerly, a Senate amendment was not subject to the point of order 
  that it was not germane to the House bill. 8 Cannon Sec. 3425. Today, 
  under changes in the rules enacted in 1972, points of order may be 
  made, and if sustained, separate votes may be demanded on portions of 
  Senate amendments and conference reports containing language that 
  would not have been germane if offered in the House. Rule XXVIII 
  clauses 4 and 5 (Manual Sec. 913b).
      Clause 4 of Rule XXVIII permits points of order against language 
  in a conference report that was originally in the Senate bill or 
  amendment and which would not have been germane if offered to the 
  House-passed version, and permits a separate motion to reject such 
  portion of the conference report if found nongermane. 99-2, 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. 
  98-1, July 28, 1983, p 21401; Deschler-Brown Ch 28 Sec. 27.
      Pursuant to Rule XXVIII clause 4, where the Speaker sustains a 
  point of order that a portion of a conference report containing a 
  Senate amendment is not germane to the House bill, a motion to reject 
  that portion of the conference report is in order and is subject to 40 
  minutes of debate. 93-2, Oct. 10, 1974, pp 35181 et seq.; 95-2, Oct. 
  12, 1978, p 36461; 95-2, Oct. 14, 1978, p 38559.
      The Member representing the conference committee recognized in 
  opposition to a motion to reject a nongermane Senate provision 
  pursuant to clause 4 of Rule XXVIII, and not the proponent of the 
  motion to reject, has the right to close debate thereon. After the 40 
  minutes of debate permitted by that rule, it is then in order, 
  following the disposition of the motion to reject, to make further 
  points of order and motions to reject. If any such motion is adopted, 
  the pending motion (which may be offered by the manager of the 
  conference report) is, in the case of a House bill with a Senate 
  amendment, to recede from disagreement to the Senate amendment and 
  concur therein with an amendment consisting of the portion of the 
  conference report not rejected. 99-2, Oct. 15, 1986, p 31506.
      Clause 5 Rule XXVIII permits points of order against motions to 
  concur or concur with amendment in nongermane Senate amendments, the 
  stage

[[Page 523]]

  of disagreement having been reached. If such a point of order is 
  sustained, a separate motion to reject such nongermane matter is 
  permitted. Manual Secs. 797, 913c. Clause 5 is not applicable to a 
  provision contained in a motion to recede and concur with an amendment 
  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 the longstanding 
  House germaneness rule (clause 7, Rule XVI). 95-2, Oct. 4, 1978, pp 
  33502-506; 100-1, June 30, 1987, p 18294.

                                                Held Not Germane                                                
                                                                                                                
                       House Bill                                            Senate Amendment                   
                                                                                                                
Continuing the operations of an executive department     Prohibiting the availability of any funds appropriated 
 for one year...                                          for foreign military base agreements absent           
                                                          congressional approval (93-1, Sept. 11, 1973, pp 29243-
                                                          46)                                                   
                                                                                                                
Exempting from tariff duty certain equipment and         Extending benefits under the unemployment compensation 
 repairs for vessels operated by the United States...     program (93-2, July 31, 1974, pp 26082 et seq.)       
                                                                                                                
Requiring that a percentage of U.S. oil imports be       Dealing with the construction of vessels and with      
 carried on U.S. flag vessels...                          certain anti-pollution requirements (93-2, Oct. 10,   
                                                          1974, pp 35181 et seq.)                               
                                                                                                                
Containing several diverse amendments to the Internal    Authorizing appropriations for special payments to     
 Revenue Code to provide individual and business tax      social security recipients (94-1, Mar. 26, 1975, p    
 credits...                                               8931)                                                 
                                                                                                                
Improving automotive fuel efficiency by imposing fuel    Providing loan guarantees for automotive research and  
 economy standards upon manufacturers...                  development (94-1, Dec. 15, 1975, p 40677)            
                                                                                                                
                                                                                                                

      The House has by unanimous consent concurred in a nongermane 
  Senate amendment to House amendments to a Senate bill (91-2, Apr. 23, 
  1970, p 12874), and in a nongermane Senate amendment to a House 
  private bill (92-1, Dec. 9, 1971, p 45872).


  Sec. 35 . Amendments to Senate Amendments

      An amendment offered in the House to a Senate amendment must 
  ordinarily be germane to the particular Senate amendment to which it 
  is offered, it not being sufficient that it be germane to the 
  provisions of the bill if it

[[Page 524]]

  merely inserts new matter and does not strike out House provisions. 5 
  Hinds Sec. 6188; 8 Cannon Sec. 2936; Manual Sec. 797. Thus, when 
  considering a Senate amendment reported in disagreement by conferees, 
  a proposal to amend must be germane to the Senate amendment. 87-1, 
  Mar. 29, 1961, pp 5275, 5277; 96-2, Sept. 30, 1980, pp 28503, 28504. 
  While a Senate amendment proposing legislation on a general 
  appropriation bill is subject to an amendment of a similar character 
  in the House, the requirement remains that the House amendment be 
  germane to the Senate amendment. 91-2, Dec. 15, 1970, p 41504.
      The test of the germaneness of an amendment offered to a motion to 
  concur in a Senate amendment with an amendment is the relationship 
  between the offered amendment and the motion, and not between that 
  amendment and the Senate amendment to which the motion has been 
  offered. 93-1, Aug. 3, 1973, pp 21821 et seq.
      The test of germaneness of an amendment in the nature of a 
  substitute to a Senate amendment--proposed in a motion to concur 
  therein with an amendment--is the relationship between the proposed 
  amendment in its entirety and the Senate amendment (and not the 
  relationship between any one provision of the amendment and any one 
  provision of the Senate amendment). 95-2, Oct. 4, 1978, p 33506.
      The rule of germaneness applies to motions to recede and concur in 
  a Senate amendment with an amendment. 92-1, July 29, 1971, p 28053. 
  Such a motion must be germane to the Senate amendment. 98-2, Aug. 10, 
  1984, pp 23988, 23989. But where a Senate amendment proposes to strike 
  out language in a House bill, the test of the germaneness of a motion 
  to recede and concur with an amendment is the relationship between the 
  language in the motion and the provisions in the House bill proposed 
  to be stricken by the Senate amendment. Manual Sec. 797; 78-1, June 8, 
  1943, p 5511; 78-1, June 15, 1943, p 5899; 93-2, Dec. 12, 1974, pp 
  39272, 39273.

                                                  Held Germane                                                  
                                                                                                                
                    Senate Amendment                                         House Amendment                    
                                                                                                                
Appropriating funds for a Senate office building         Reducing the appropriation and the funding ceiling, and
 extension, providing a funding ceiling on such           providing that such extension upon completion meet    
 extension, and providing for the transfer of personnel   certain personnel needs (96-1, Aug. 2, 1979, pp 22007 
 and equipment to such extension...                       et seq.)                                              
                                                                                                                

[[Page 525]]

                                                                                                                
Containing diverse provisions relating to the            Containing comparable provisions and in addition       
 organization and administration of the federal courts,   permitting courts of appeals of a certain size to     
 including appointment of additional district and         establish administrative units (95-2, Oct. 4, 1978, pp
 circuit judges...                                        33502-506)                                            
                                                                                                                
Appropriating funds for termination of the civil         Appropriating for termination of payment of the        
 supersonic aircraft...                                   airlines' contribution to development costs (92-1,    
                                                          July 29, 1971, p 28053)                               
                                                                                                                


                                                Held Not Germane                                                
                                                                                                                
                    Senate Amendment                                         House Amendment                    
                                                                                                                
To prohibit the use of specified funds as compensation   Enlarging the class of persons ineligible for such     
 for certain former employees...                          compensation (88-1, May 14, 1963, p 8505)             
                                                                                                                
Prohibiting use of funds in a general appropriation      Authorizing appropriations for research and development
 bill for only one basing mode for the MX missile...      of another weapons system (96-1, Dec. 12, 1979, pp    
                                                          35520, 35521)                                         
                                                                                                                
Providing for payment, from the Senate contingent fund,  Providing additional travel allowances to Members of   
 of certain additional travel expenses incurred by        the House from the contingent fund (87-1, Mar. 29,    
 Senate employees...                                      1961, pp 5275, 5277)                                  
                                                                                                                
Striking a provision in a general appropriation bill     Temporarily prohibiting the use of those EPA funds to  
 that precluded the use of funds therein by the           implement any plan requiring the review of any        
 Environmental Protection Agency to control air           indirect sources of air pollution (93-2, Dec. 12,     
 pollution by regulating parking facilities...            1974, pp 39272, 39273)                                
                                                                                                                
Appropriating funds for asbestos hazards abatement in    Earmarking funds for the refinancing of a recycling    
 schools...                                               program of a specified city (98-2, Aug. 10, 1984, pp  
                                                          23988, 23989)                                         
                                                                                                                
                                                                                                                


[[Page 526]]

                  F. Procedural Matters; Points of Order


  Sec. 36 . In General

      A point of order may be raised against an amendment on the ground 
  that it is not germane to the proposition to which it has been 
  offered:

      Opponent: Mr. Speaker, I make [or reserve] the point of order that 
    the amendment is not germane to the text [section, paragraph, or 
    other proposition].
      The Speaker: The Chair will hear the gentleman.

      If any part of an amendment is subject to a point of order, the 
  entire amendment is subject to such point of order. 5 Hinds Sec. 5784; 
  8 Cannon Secs. 2922, 2980. The effect of a ruling by the Chair that an 
  amendment is not germane is usually that the amendment is barred in 
  its present form and at the place at which it is offered. However, the 
  ruling of the Chair may be appealed. 79-1, Oct. 19, 1945, p 9868. On 
  one occasion, the Committee of the Whole by unanimous consent voted on 
  an amendment that had been ruled out of order as not germane. 82-1, 
  Apr. 12, 1951, p 3781.
      Ordinarily, a point of order based on the rule of germaneness will 
  state the grounds for asserting the nongermaneness of the amendment. 
  Deschler-Brown Ch 28 Sec. 43.

                              Burden of Proof

      The burden of proof of the germaneness of an amendment rests on 
  its proponent. 8 Cannon Sec. 2995; 87-2, July 12, 1962, p 13431. Where 
  an amendment is equally susceptible to more than one interpretation, 
  and the proponent fails to carry the burden of showing the 
  applicability of that interpretation under which the amendment can be 
  upheld, the Chair may rule it out of order. 94-1, June 20, 1975, p 
  19967.


  Sec. 37 . Waiver of Points of Order

                 Waiver by Failure to Raise Point of Order

      The germaneness rule is not self-enforcing. It may be waived by 
  the mere failure to raise a timely point of order. The Chair will not 
  ordinarily apply the rule of germaneness to bar an amendment unless a 
  timely point of order is actually raised against the amendment. An 
  amendment permitted to remain because no point of order as to its 
  germaneness was raised may itself be subject to germane amendment (92-
  1, Oct. 20, 1971, pp 37075-79). Of course, the fact that no point of 
  order is made against a particular amendment does not waive points of 
  order against subsequent amendments of a related nature. Deschler-
  Brown Ch 28 Sec. 43.

[[Page 527]]

                          Waiver by Special Rule

      Points of order against nongermane amendments may be waived 
  pursuant to the terms of a special rule from the Committee on Rules. 
  The issue of germaneness cannot be raised against an amendment when 
  all points of order against that amendment have been waived. 88-2, 
  Feb. 10, 1964, p 2738. Thus, where a bill is being considered under 
  the provisions of a special rule that specifies that committee 
  amendments shall be in order, ``any rule of the House to the contrary 
  notwithstanding,'' no issue can properly be raised as to the 
  germaneness of such amendments. 86-2, May 18, 1960, p 10575.
      The Committee on Rules may report a special rule altering the 
  ordinary test of the germaneness of an amendment, such as rendering 
  only one portion of an amendment subject to a germaneness point of 
  order, while preserving consideration of the remainder of the 
  amendment and waiving germaneness points of order with respect 
  thereto. 95-2, May 23, 1978, p 15094 [H. Res. 1188]; 95-2, Aug. 11, 
  1978, p 25705 [H. Res. 1307]. See also 95-2, Feb. 6, 1978, p 2388 [H. 
  Res. 982].
      Where a special rule waives germaneness points of order against 
  the consideration of a designated amendment, and does not specifically 
  preclude the offering of amendments thereto, germane amendments to 
  that amendment may be offered. 94-1, July 22, 1975, p 23991.


  Sec. 38 . Timeliness of Points of Order

      The general rule is that a point of order against an amendment as 
  not germane must be made or reserved immediately after the amendment 
  is read and comes too late once debate has been had on the amendment. 
  94-2, Feb. 4, 1976, p 2390; 95-1, Oct. 19, 1977, p 34217. The point of 
  order against the amendment must be raised prior to debate thereon and 
  comes too late if the proponent has commenced his remarks. 94-1, June 
  16, 1975, p 19073. The rereading of the amendment by unanimous consent 
  after there has been debate does not permit the intervention of a 
  point of order against the amendment. 92-1, Nov. 4, 1971, p 39302. 
  However, the Chair may entertain a point of order against the 
  amendment by a Member who states that he had been on his feet, seeking 
  recognition for that purpose, when the debate began (90-1, Sept. 26, 
  1967, p 26878), or who was on his feet seeking recognition at the time 
  the amendment was read (91-1, Sept. 29, 1969, p 27351). Deschler-Brown 
  Ch 28 Sec. 44.
      Reservation of a point of order against an amendment or the 
  continuation of such a reservation after some debate on the amendment 
  may be permitted by leave of the Chair, but the Chair may demand that 
  the point of

[[Page 528]]

  order be disposed of prior to further debate on the amendment. 93-1, 
  Apr. 4, 1973, pp 10395, 10396.
      Since a point of order against the germaneness of an amendment 
  must be made prior to its consideration, where points of order have 
  been waived against a specific amendment which is then altered by 
  amendment, a point of order will not lie against the amendment on the 
  ground that, as modified, it no longer comes within the coverage of 
  the waiver. 94-1, July 22, 1975, p 23990.
      A point of order against a motion to recommit with instructions 
  has been made prior to completion of the reading of such motion where 
  the matter contained in the instructions had been ruled out as not 
  germane when offered as an amendment in the Committee of the Whole. 
  90-1, Mar. 2, 1967, p 5155. But such a point of order comes too late 
  after the proponent of the motion has been recognized for five minutes 
  of debate in the House and has yielded for a parliamentary inquiry. 
  92-1, June 2, 1971, pp 17491-95.


  Sec. 39 . Debate on Points of Order

      Where a germaneness point of order is made, the Chair ordinarily 
  permits argument thereon by the Member making the point of order in 
  support of his position, and by the proponent of the amendment in 
  defense of the amendment. The Chair may in his sole discretion also 
  permit arguments by others who wish to speak on either side of the 
  issue. Deschler-Brown Ch 28 Sec. 43. Debate time on the point of order 
  is within the discretion of the Chair. 82-1, Apr. 13, 1951, p 3909. 
  All such debate must be confined to the question of germaneness and 
  cannot go to the merits of the amendment. 90-1, July 19, 1967, p 
  19412; 92-2, Sept. 6, 1972, p 29588.


  Sec. 40 . Anticipatory and Hypothetical Rulings

      The Chair will ordinarily refuse to entertain a parliamentary 
  inquiry on the germaneness of an amendment which has not yet been 
  offered, since the Chair does not deliver anticipatory rulings. 
  Deschler-Brown Ch 28 Sec. 46. See also 99-1, Dec. 12, 1985, pp 36166, 
  36167, 36170, 36172. Thus, the Chair has declined to indicate, in 
  response to a parliamentary inquiry, whether a substitute, if 
  defeated, would thereafter be germane and in order if subsequently 
  offered as an amendment in the form of a new section. 91-2, July 27, 
  1970, p 25811.
      Since the Chair does not rule on hypothetical questions, the Chair 
  declines to rule in advance with regard to the germaneness of 
  instructions accompanying a motion to recommit. 88-1, Dec. 19, 1963, p 
  25249. Since the

[[Page 529]]

  Chair does not anticipate the content of a motion to recommit, he will 
  not rule in advance as to whether a particular instruction would be 
  germane. 91-1, Dec. 10, 1969, p 38130.
      The Speaker does not rule on such questions of germaneness as may 
  be the province of the Chairman of the Committee of the Whole. 91-1, 
  Dec. 10, 1969, p 38130.



[[Page 531]]

 
                                IMPEACHMENT

              A. Generally

  Sec.  1. In General; House and Senate Functions
  Sec.  2. Who May Be Impeached
  Sec.  3. Grounds for Impeachment
  Sec.  4. -- Impeachable Misconduct
  Sec.  5. Effect of Adjournment

              B. Procedure in the House

  Sec.  6. In General; Initiation and Referral of Charges
  Sec.  7. Committee Investigations
  Sec.  8. Consideration in the House; Voting

              C. Procedure in the Senate

  Sec.  9. In General
  Sec. 10. Voting and Judgment
        Research References
          1 Hinds Secs. 63-79
          6 Cannon Secs. 193-202
          3 Deschler Ch 14
          Manual Secs. 173-176; 603-620
          U.S. Const. art. I Secs. 2, 3; art. II Sec. 4


                               A. Generally


  Sec. 1 . In General; House and Senate Functions

      Impeachment is a constitutional remedy addressed to serious 
  offenses against the system of government. It is the first step in a 
  remedial process--that of removal from public office and possible 
  disqualification from holding further office. The purpose of 
  impeachment is not personal punishment; rather, its function is 
  primarily to maintain constitutional government. Deschler Ch 14 App. 
  pp 726-728.
      Impeachment proceedings have been initiated more than 60 times 
  since the adoption of the Constitution. 3 Hinds Secs. 2294 et seq.; 6 
  Cannon Secs. 498 et seq.; Deschler Ch 14 Sec. 1. Fifteen of these 
  cases resulted in impeachment by the House--President Andrew Johnson 
  in 1868, Secretary of War Wil-

[[Page 532]]

  liam W. Belknap in 1876, Senator William Blount in 1799 and 12 federal 
  judges. Only seven impeachments have led to Senate convictions--all of 
  federal judges.
      An impeachment is instituted by a written accusation, called the 
  ``Articles of Impeachment,'' which states the offense charged; the 
  articles serve the same purpose as an indictment in an ordinary 
  criminal proceeding. See Manual Sec. 609.
      The impeachment power is delineated by the U.S. Constitution. The 
  House is given the ``sole Power of Impeachment'' (art. I Sec. 2); the 
  Senate is given ``the sole Power to try all Impeachments'' (art. I 
  Sec. 3). Impeachments may be brought against the ``President, Vice 
  President, and all civil Officers of the United States'' (art. II 
  Sec. 4). Conviction of ``Treason, Bribery, or other high Crimes and 
  Misdemeanors'' (art. II Sec. 4) is followed by ``removal from Office'' 
  and may include ``disqualification to hold'' further public office 
  (art. I Sec. 3).
      The term ``impeach'' is used in different ways at various stages 
  of the proceedings. A Member rises on the floor to ``impeach'' an 
  officer in presenting a resolution or memorial. 3 Hinds Sec. 2469. The 
  House votes to ``impeach'' in the constitutional sense when it adopts 
  an impeachment resolution and accompanying articles. Sec. 8, infra. 
  The Senate then conducts a trial on these articles and either convicts 
  by two-thirds vote or acquits the ``impeached'' accused federal 
  official. Sec. 9, infra.


  Sec. 2 . Who May Be Impeached

      The ``President, Vice President, and all civil Officers of the 
  United States'' are subject to removal under the impeachment clause of 
  the Constitution. U.S. Const. art. II Sec. 4. A private citizen who 
  has held no public office may not be impeached. 3 Hinds Secs. 2007, 
  2315.
      It has been said that the term ``civil Officers,'' as used in the 
  Constitution, is broad enough to include all officers of the United 
  States who hold their appointment from the federal government, whether 
  their duties be executive, administrative, or judicial, or whether 
  their position be high or low. Impeachment, Selected Materials, 
  Committee on the Judiciary, H. Doc. No. 93-7, p 691, Oct. 1973. On the 
  other hand, military officers are not subject to impeachment, since 
  they are subject to disciplinary measures according to military codes. 
  3 Willoughby, The Constitution (1929) Sec. 929; 9 Hughes, Federal 
  Practice (1931) Sec. 7228.
      A Member of Congress is not a ``civil Officer'' within the meaning 
  of the impeachment provisions of the Constitution. 3 Hinds Secs. 2310, 
  2316. The contention that a Senator was not a civil officer within the 
  meaning of the

[[Page 533]]

  impeachment provisions of the Constitution was sustained by the Senate 
  in 1799. The Senate dismissed impeachment charges brought to its bar 
  by the House, finding that an impeachment of a Senator was beyond its 
  jurisdiction. 3 Hinds Sec. 2318.
      Federal judges are subject to removal under the impeachment 
  provisions of the Constitution. Of the 15 impeachments reaching the 
  Senate, 12 have been directed at federal judges, and in seven of these 
  cases the Senate voted to convict: Pickering in 1803 (3 Hinds 
  Secs. 2319-2341), Humphreys in 1863 (3 Hinds Secs. 2385-2397), 
  Archbald in 1912 (6 Cannon Secs. 498-512), Ritter in 1936 (S. Doc. No. 
  200, 74-2, 1936), Claiborne in 1986, and Nixon and Hastings in 1988 
  and 1989 (see Manual Sec. 176).
      Impeachment proceedings were initiated against a Member of the 
  President's Cabinet in 1876, when impeachment charges were filed 
  against William Belknap, who had been Secretary of War. The House and 
  Senate debated the power of impeachment at length and determined that 
  the former secretary was amenable to impeachment and trial. 3 Hinds 
  Secs. 2007, 2467. In 1978, the House voted to table a privileged 
  resolution impeaching Andrew Young, the United States Ambassador to 
  the United Nations. 95-2, July 13, 1978, p 20606.
      A Commissioner of the District of Columbia has been held not to be 
  a civil officer subject to impeachment under the Constitution. 6 
  Cannon Sec. 548.

                           Effect of Resignation

      The House and Senate have the power to impeach and try an accused 
  who has resigned. Deschler Ch 14 Sec. 2. It has been conceded (in the 
  Blount impeachment proceeding) that a person who has been impeached 
  cannot escape punishment simply by submitting his resignation. 3 Hinds 
  Secs. 2317, 2318. As a practical matter, however, the resignation of 
  an official about to be impeached generally puts an end to impeachment 
  proceedings because the primary objective--removal from office--has 
  been accomplished. This was the case in the impeachment proceedings 
  begun against President Nixon in 1974 and federal judge George English 
  in 1926. Deschler Ch 14 Secs. 2.1, 2.2. President Nixon having 
  resigned following the decision of the Committee on the Judiciary to 
  report to the House recommending his impeachment, further proceedings 
  were discontinued. H. Rept. No. 93-1305, 93-2, Aug. 20, 1974, p 29361.

[[Page 534]]

  Sec. 3 . Grounds for Impeachment

                                 Generally

      The Constitution defines the grounds for impeachment and 
  conviction as ``Treason, Bribery, or other high Crimes and 
  Misdemeanors.'' U.S. Const. art. II Sec. 4. When the House determines 
  that grounds for impeachment exist, and they are adopted by the House, 
  they are presented to the Senate in articles of impeachment. Any one 
  of the articles may provide a sufficient basis or ground for 
  impeachment. Deschler Ch 14 Sec. 3.
      The interpretation which has been placed on the words ``high 
  Crimes and Misdemeanors'' is a broad one. The framers of the 
  Constitution adopted the phrase from the English practice. At the time 
  of the Constitutional Convention, the phrase ``high crimes and 
  misdemeanors'' had been in use for over 400 years in impeachment 
  proceedings in Parliament. Some of these impeachments charged high 
  treason; others charged high crimes and misdemeanors. The latter 
  included both statutory offenses and nonstatutory offenses. Many of 
  the charges involved abuse of official power or trust. Deschler Ch 14 
  App. pp 706-708.
      An offense must be serious or substantial in nature to provide 
  grounds for impeachment. This requirement flows from the language of 
  the clause itself--``high Crimes and Misdemeanors.'' While there is 
  some authority to the contrary, it is generally accepted that the 
  adjective ``high'' modifies ``Misdemeanors'' as well as ``Crimes.'' 
  Impeachment--Selected Materials, Committee on the Judiciary, 93-1, 
  Oct. 1973, p 682. As to what constitutes a serious, impeachable 
  offense, one commentator has said:

      To determine whether or not an act or a course of conduct is 
    sufficient in law to support an impeachment, resort must be had to 
    the eternal principles of right, applied to public propriety and 
    civil morality. The offense must be prejudicial to the public 
    interest and it must flow from a willful intent, or a reckless 
    disregard of duty. . . . It may constitute an intentional violation 
    of positive law, or it may be an official dereliction of commission 
    or omission, a serious breach of moral obligation, or other gross 
    impropriety of personal conduct which, in its natural consequences, 
    tends to bring an office into contempt and disrepute. Brown, The 
    Impeachment of the Federal Judiciary, 26 Harv. L. Rev. 684, 703, 
    704.

      The time when the offenses were committed is a factor to be taken 
  into consideration. In 1973, the House declined to take any action on 
  a request by Vice President Agnew for an investigation into 
  allegations of impeachable offenses, where the offenses were not 
  committed during his term of office as Vice President and where the 
  offenses were pending before the courts. 93-1, Sept. 25, 1973, p 
  31368.

[[Page 535]]

      Exactly 100 years earlier, by coincidence in a case that also 
  involved the Vice President, the Judiciary Committee found that 
  Schuyler Colfax could not be impeached for an alleged offense 
  committed before his term of office as Speaker of the House. 3 Hinds 
  Sec. 2510.

                         Presidential Impeachments

      The grounds for invoking the impeachment power against the 
  President were illustrated in 1974 when the House initiated an inquiry 
  into President Nixon's conduct as a result of charges arising out of a 
  1972 break-in at the Democratic National Headquarters in the Watergate 
  Office Building in Washington, D.C. The House Judiciary Committee 
  adopted three articles of impeachment against Nixon late in July 1974. 
  The articles charged him with abuse of his Presidential powers, 
  obstruction of justice, and contempt of Congress. Deschler Ch 14 
  Sec. 3.7. Before the full House voted on these articles, Nixon 
  resigned, after having been assured that his impeachment was a virtual 
  certainty. His resignation terminated further action on the issue, 
  although the articles were submitted to and accepted by the House. 93-
  2, Aug. 20, 1974, pp 29219-29362.
      This was but the second time in the history of the United States 
  that the House resolved to investigate the possibility of impeaching a 
  President. Some 107 years earlier the House had investigated whether 
  President Andrew Johnson should be impeached. Johnson was impeached by 
  the House on the ground that he had violated the Tenure of Office Act 
  by dismissing a Cabinet chief. The theory of the proponents of 
  impeachment was succinctly put by one of the managers in the Senate 
  trial:

      An impeachable high crime or misdemeanor is one in its nature or 
    consequences subversive of some fundamental or essential principle 
    of government or highly prejudicial to the public interest, and this 
    may consist of a violation of the Constitution, of law, of an 
    official oath, or of duty, by an act committed or omitted, or, 
    without violating a positive law, by the abuse of discretionary 
    powers from improper motives or for an improper purpose. The 
    Constitution of the United States of America--Analysis and 
    Interpretation, p 607, U.S. Government Printing Office, 1982.

                           Judicial Impeachments

      Since federal judges hold office ``during good Behaviour'' (U.S. 
  Const. art. III Sec. 1), it has been suggested that misbehavior 
  properly defines the bounds of ``high Crimes and Misdemeanors,'' or 
  even that lack of good behavior constitutes an independent standard 
  for impeachment. 6 Cannon Sec. 464. The more modern view, however, is 
  that the ``good Behaviour'' clause is more aptly descriptive of 
  judicial tenure; that is, that it does not constitute a standard for 
  impeachability, but merely means that federal

[[Page 536]]

  judges hold office for life unless removed under some other provision 
  of the Constitution. Under this view, the power of removal, together 
  with the appropriate standard, are contained solely in the impeachment 
  clause. Impeachment--Selected Materials, Committee on the Judiciary, 
  93-1, Oct. 1973, p 666.
      The grounds for impeachment of federal judges were scrutinized in 
  1970, in the inquiry into the conduct of Associate Justice Douglas of 
  the Supreme Court. The report concluded that a federal judge could be 
  impeached for judicial conduct which is either criminal or a serious 
  abuse of public duty, or for nonjudicial conduct which is criminal. 
  Deschler Ch 14 Sec. 3.13 (proceedings discontinued for lack of 
  evidence).


  Sec. 4 . -- Impeachable Misconduct

      Impeachments have commonly involved charges of misconduct 
  incompatible with the official position of the office holder. This 
  conduct falls into three broad categories: (1) abusing or exceeding 
  the lawful powers of the office; (2) behaving in a manner grossly 
  incompatible with the office; and (3) using the power of the office 
  for an improper purpose or for personal gain. See Deschler Ch 14 App. 
  p 719.

               Abusing or Exceeding the Powers of the Office

      The impeachment by the House of Senator William Blount in 1797 was 
  based on allegations that he attempted to incite an Indian attack in 
  order to capture certain territory for the British. He was charged 
  with engaging in a conspiracy to compromise U.S. neutrality, and with 
  attempting to oust the President's lawful appointee as principle agent 
  for Indian affairs. 3 Hinds Secs. 2294-2318. Although the Senate found 
  that it had no jurisdiction over the trial of an impeached Senator, it 
  expelled him for having been guilty of a ``high misdemeanor, entirely 
  inconsistent with his public trust and duty as a Senator.'' Deschler 
  Ch 14 App. p 720.
      The impeachment of President Andrew Johnson in 1868 was likewise 
  based on allegations that he had exceeded the power of his office. 
  Johnson was charged with violation of the Tenure of Office Act, which 
  purported to limit the President's authority to remove members of his 
  own Cabinet. Johnson, believing the act unconstitutional, removed 
  Secretary of War Stanton and was impeached by the House three days 
  later. Johnson was acquitted in the Senate by a single vote. 3 Hinds 
  Secs. 2399.
      A serious abuse of the powers of the office was a charge included 
  among the recommended articles impeaching President Nixon in 1974. The 
  Judiciary Committee found that his conduct ``constituted a repeated 
  and continuing abuse of the powers of the Presidency in disregard of 
  the fun-

[[Page 537]]

  damental principle of the rule of law in our system of government.'' 
  Deschler Ch 14 Sec. 3.7.

               Behavior Grossly Incompatible With the Office

      Judge John Pickering was impeached by the House in 1803 for errors 
  in a trial in violation of his trust and duty as a judge, and for 
  appearing on the bench during the trial in a state of intoxication and 
  using profane language. Pickering was convicted in the Senate and 
  removed from office. 3 Hinds Secs. 2319-2341.
      Associate Supreme Court Justice Samuel Chase was impeached by the 
  House in 1804. The House charged Chase with permitting his partisan 
  views to influence his conduct in certain trials. His conduct was 
  alleged to be a serious breach of his duty to judge impartially and to 
  reflect on his competence to continue to exercise the power of the 
  office. Chase was acquitted in the Senate. 3 Hinds Secs. 2342-2363.
      Judge West Humphreys was impeached by the House and convicted in 
  the Senate in 1862 on charges that he joined the Confederacy without 
  resigning his federal judgeship. Judicial prejudice against Union 
  supporters was also alleged. 3 Hinds Secs. 2385-2397.
      Judge George W. English was impeached by the House in 1926 for 
  showing judicial favoritism and for failure to give impartial 
  consideration to cases before him. It was alleged that his favortism 
  had created distrust of his official actions and destroyed public 
  confidence in his court. 6 Cannon Secs. 544-547. Judge English 
  resigned prior to commencement of trial by the Senate and the 
  proceedings were discontinued at that point.

         Using the Office for an Improper Purpose or Personal Gain

      In 1826, Judge James Peck was impeached by the House for taking 
  action against a lawyer who had publicly criticized one of his 
  decisions, imprisoning him, and ordering his disbarment. The House 
  charged that such conduct was unjust, arbitrary, and beyond the scope 
  of his judicial duties. Peck was acquitted in the Senate. 3 Hinds 
  Secs. 2364-2366. Vindictive use of power also constituted an element 
  of the charges in the articles of impeachment voted against Judge 
  Charles Swayne in 1903. It was alleged that he maliciously and 
  unlawfully imprisoned two lawyers and a litigant for contempt. 3 Hinds 
  Secs. 2469-2485.
      Several impeachments have alleged the use of office for personal 
  gain or the appearance of financial impropriety while in office. 
  Secretary of War William Belknap was impeached by the House in 1876 
  for receiving substantial payments in return for his making of an 
  appointment. He was acquitted in the Senate. 3 Hinds Secs. 2444-2468.

[[Page 538]]

      The use of the office for direct or indirect personal monetary 
  gain was also involved in the impeachments of Judges Charles Swayne 
  (1903), Robert Archbald (1912), George English (1926), Harold 
  Louderback (1932), and Halsted Ritter (1936). Judge Swayne was charged 
  with falsifying expense accounts. Judge Archbald was charged with 
  using his office to secure business favors from litigants and 
  potential litigants before his court. Judges English, Louderback, and 
  Ritter were charged with misusing their power to appoint and set the 
  fees of bankruptcy receivers for personal profit. See 3 Hinds 
  Secs. 2469-2485 (Swayne); 6 Cannon Secs. 498-512 (Archbald); 
  Secs. 544-547 (English); Secs. 513-524 (Louderback); 74-2, Jan. 14, 
  1936, p 5602 (Ritter).
      In 1986, the House agreed to a resolution impeaching federal 
  district judge Harry Claiborne, who had been convicted of falsifying 
  federal income tax returns. His final appeal was denied by the Supreme 
  Court, and he began serving his prison sentence. 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 Oct. 9, 1986. Manual Sec. 176.
      In 1988, the House agreed to a resolution reported from the 
  Committee on the Judiciary impeaching federal district judge Alcee L. 
  Hastings. The resolution specified 17 articles of impeachment, some of 
  them addressing allegations on which the judge had been acquitted in a 
  federal criminal trial (H. Res. 499, 100-2, Aug. 3, 1988, pp 20206 et 
  seq.). The judge was convicted in a trial before the Senate in the One 
  Hundred First Congress. 101-1, Oct. 20, 1989, p ____.
      In 1989, the House voted 417 to 0 to impeach U.S. District Court 
  Judge Walter L. Nixon, Jr. after he had been convicted on two counts 
  of perjury before a grand jury about his relationship to a man whose 
  son was being prosecuted for drug-smuggling. The impeachment 
  resolution charged that Nixon had given false information about 
  whether he had discussed the case with the local district attorney and 
  attempted to influence its outcome. 101-1, May 10, 1989, p 8814.

[[Page 539]]

                          Noncriminal Misconduct

      In the history of impeachments under the U.S. Constitution, the 
  most closely debated issue has been whether impeachment is limited to 
  offenses indictable under the criminal law--or at least to offenses 
  which constitute crimes--or whether the word ``Misdemeanors'' in the 
  impeachment clause extends to noncriminal misconduct as well. While 
  the precedents are not entirely uniform, the majority clearly favors 
  the broader definition. As stated in the Ritter impeachment, the 
  modern view is that the provision for impeachment in the Constitution 
  applies not only to high crimes and misdemeanors as those words were 
  understood at common law, but also to acts which, though not defined 
  as criminal, adversely affect the public interest. H. Rept. No. 93-
  653, pp 9, 10 (1926).
      The historical evidence establishes that the phrase ``high crimes 
  and misdemeanors''--which over a period of centuries evolved into the 
  English standard of impeachable conduct--had a special and distinctive 
  meaning, and referred to a category of offenses that subverted the 
  system of government. Deschler Ch 14 App. p 724. The American 
  experience with impeachment likewise reflects the view that 
  impeachable conduct need not be criminal. Of the 15 impeachments voted 
  by the House since 1789, at least 10 involved one or more allegations 
  that did not charge a violation of criminal law. Deschler Ch 14 App. p 
  725. The impeachment of Judge Pickering in 1803 was the first such 
  proceeding to result in conviction and was based, at least in part, on 
  noncriminal misconduct. The first three articles involved a series of 
  flagrant errors on the part of the judge in his conduct of a case. 3 
  Hinds Secs. 2319 et seq. Similarly, in 1974, in recommending articles 
  impeaching President Nixon, the House Committee on the Judiciary 
  concluded that the President could be impeached not only for 
  violations of federal criminal statutes, but also for abuse of the 
  power of his office and for refusal to comply with proper subpenas of 
  the committee. Deschler Ch 14 Sec. 3.7.
      In drawing up articles of impeachment, the House has placed little 
  emphasis on criminal conduct. Less than one-third of all the articles 
  the House has adopted have explicitly charged the violation of a 
  criminal statute or used the word ``criminal'' or ``crime'' to 
  describe the conduct alleged. Much more common in the articles are 
  allegations that the officer has violated his duties or his oath or 
  seriously undermined public confidence in his ability to perform his 
  official functions. Deschler Ch 14 App. p 723.

[[Page 540]]

  Sec. 5 . Effect of Adjournment

      An impeachment may proceed only when Congress is in session. 3 
  Hinds Secs. 2006, 2462. But an impeachment proceeding does not die 
  with adjournment. An impeachment proceeding begun in the House in one 
  Congress may be resumed by the House in the next Congress. 3 Hinds 
  Sec. 2321. And an official impeached by the House in one Congress may 
  be tried by the Senate in the next. 3 Hinds Secs. 2319, 2320.
      Managers on the part of the House who were appointed in the prior 
  Congress to conduct the trial in the Senate may be reappointed in the 
  following Congress by resolution. Deschler Ch 14 Sec. 4.2. Thus, the 
  resolution and articles of impeachment against Judge Alcee Hastings 
  were presented in the Senate during the second session of the 100th 
  Congress (100-2, Aug. 3, 1988, p 20223) but were still pending trial 
  by the Senate in the 101st Congress, when the House reappointed 
  managers (101-1, Jan. 3, 1989, p 84).


                         B. Procedure in the House


  Sec. 6 . In General; Initiation and Referral of Charges

                                 Generally

      Under the modern practice, an impeachment is normally instituted 
  by the House by the adoption of a resolution calling for a committee 
  investigation of charges against the officer in question. This 
  committee may, after investigation, recommend the dismissal of charges 
  or it may recommend impeachment. Impeachment--Selected Materials, 
  Committee on the Judiciary, H. Doc. No. 93-7, Oct. 1973, p 699. A 
  resolution recommending impeachment is reported to the House 
  simultaneously with the articles of impeachment setting forth the 
  grounds for the proposed action. Sec. 8, infra. Following the adoption 
  of a resolution to impeach, the House appoints managers to conduct the 
  impeachment trial in the Senate. The Senate is then informed of these 
  facts by resolution. Deschler Ch 14 Sec. 9. When this resolution 
  reaches the Senate, the Senate advises the House as to when the Senate 
  will receive the managers appointed by the House. The managers then 
  present themselves and the impeachment articles to the Senate, the 
  House reserving the right to file additional articles later. Deschler 
  Ch 14 Secs. 10, 11.

                           Initiation of Charges

      In most cases, impeachment proceedings in the House have been 
  initiated either by introducing resolutions of impeachment by placing 
  them in

[[Page 541]]

  the hopper, or by offering charges in a resolution on the floor of the 
  House under a question of constitutional privilege. Deschler Ch 14 
  Sec. 5.
      Other methods of setting an impeachment in motion in the House 
  include:

     Charges initiatd by a memorial from one or more citizens and 
         referred to committee. 3 Hinds Secs. 2364, 2491, 2494.
     A message from the President. 3 Hinds Secs. 2294, 2319; 6 
         Cannon Sec. 498.
     Charges transmitted from the legislature of a state. 3 Hinds 
         Sec. 2469.
     Charges arising from a grand jury investigation. 3 Hinds 
         Sec. 2488.

      In the 93d Congress, Vice President Agnew used a letter to the 
  Speaker to attempt to initiate an investigation by the House of 
  charges against him of possible impeachable offenses; the House took 
  no action on the request. 93-1, Sept. 25, 1973, p 31368.

                           Referral to Committee

      Resolutions introduced through the hopper which directly call for 
  an impeachment are referred to the Committee on the Judiciary, whereas 
  resolutions merely calling for a committee investigation with a view 
  toward impeachment are referred to the Committee on Rules. See 93-1, 
  Oct. 23, 1973, p 34873. Thus, a resolution authorizing an 
  investigation in the 89th Congress into the conduct of three federal 
  judges was referred to the Committee on Rules. 89-2, Feb. 22, 1966, p 
  3665. But where a Member announces on the floor that he is introducing 
  a resolution of impeachment, the resolution is referred to the 
  Committee on the Judiciary if it is a direct proposition to impeach. 
  91-2, Apr. 15, 1970, pp 11912, 11920, 11941 (Douglas).
      All impeachments to reach the Senate since 1900 have been based on 
  Judiciary Committee resolutions. Prior to that committee's creation in 
  1813, impeachments were referred to a special committee for 
  investigation. 6 Cannon Sec. 657; Manual Secs. 603 et seq.


  Sec. 7 . Committee Investigations

      Committee impeachment investigations are governed by those 
  portions of Rule XI relating to committee investigatory and hearing 
  procedures, and by any rules and special procedures adopted by the 
  committee for the inquiry. See Deschler Ch 14 Secs. 6.3 et seq. The 
  House may by resolution waive a requirement of these rules in a 
  particular case. In one recent instance, the House agreed to a 
  resolution authorizing the counsel to the Committee on the Judiciary 
  to take depositions of witnesses in an impeachment investigation and 
  waiving the provisions of Rule XI which requires at least

[[Page 542]]

  two committee members to be present during the taking of such 
  testimony. 93-2, Feb. 6, 1974, pp 2349 et seq.
      Under the earlier practice, the committee sometimes made its 
  inquiry ex parte (3 Hinds Secs. 2319, 2343, 2385), but the modern 
  trend is to permit the accused to testify, present witnesses, cross-
  examine witnesses (3 Hinds Secs. 2445, 2471, 2518), and be represented 
  by counsel (3 Hinds Secs. 2470, 2501; 93-2, Aug. 20, 1974, p 29219). 
  Constitutionality, see Sec. 9, infra.

                    Confidentiality of Material; Access

      The Committee on the Judiciary may adopt procedures which insure 
  the confidentiality of impeachment inquiry materials and which limit 
  access to such materials. Deschler Ch 14 Sec. 15.3. Where a federal 
  court subpenas certain evidence gathered by the committee in an 
  impeachment inquiry, the House may adopt a resolution granting such 
  limited access to the evidence as will not violate the privileges of 
  the House or its sole power of impeachment under the Constitution. 93-
  2, Aug. 22, 1974, p 30047.

                        Subcommittee Investigations

      An investigatory subcommittee charged with an impeachment inquiry 
  is limited to the powers expressly authorized by the full committee. 
  See Deschler Ch 14 Sec. 6.11. After completing its investigation, the 
  subcommittee ordinarily submits recommendations to the full committee 
  as to whether impeachment is warranted. See, for example, Final Report 
  of the Special Subcommittee on H. Res. 920 of the Committee on the 
  Judiciary, 91-2, Sept. 17, 1970 (Douglas).

                                   Forms

      For forms of resolutions authorizing an investigation of the 
  sufficiency of grounds for impeachment and conferring subpena power 
  and authority to take testimony, see Deschler Ch 14 Sec. 6.


  Sec. 8 . Consideration in the House; Voting

                                 Generally

      The target of an impeachment proceeding is impeached by the House 
  if it adopts a resolution with articles of impeachment. Only a 
  majority vote is necessary (whereas a two-thirds vote is required in 
  the Senate for conviction). Impeachments--Selected Materials, 
  Committee on the Judiciary, H. Doc. No. 93-7, Oct. 1973, p 700. In 
  this regard, as is the usual practice, the committee's recommendations 
  as reported in the resolution are in no way binding on the House. In 
  1933, the House voted to impeach Judge Har-

[[Page 543]]

  old Louderback even though the House Judiciary Committee found 
  insufficient grounds to recommend impeachment. 6 Cannon Sec. 514.

                  Impeachment Propositions as Privileged

      A resolution impeaching an officer is highly privileged under the 
  Constitution, and therefore supersedes other pending business (3 Hinds 
  Secs. 2045-2048; 6 Cannon Sec. 468), including an election contest (3 
  Hinds Sec. 2581). Such a resolution may be immediately considered in 
  the House as a question of high privilege [and is therefore not 
  subject to the three-day layover requirement of Rule XI]. 95-2, July 
  13, 1978, p 20606 (Andrew Young). It does not lose its privilege from 
  the fact that a similar proposition has been made at a previous time 
  during the same session. 3 Hinds Sec. 2408. However, a resolution 
  simply proposing an investigation is not privileged, even though 
  impeachment may be a possible consequence. 3 Hinds Secs. 2050, 2546; 6 
  Cannon Sec. 463.
      A committee to which resolutions of impeachment have been referred 
  may report and call up as privileged resolutions incidental to the 
  consideration of the impeachment question. If, however, such a 
  resolution is offered on the floor by a Member on his own initiative 
  and not reported from the committee to which the impeachment has been 
  referred, it is not privileged for immediate consideration, since not 
  directly calling for impeachment. Deschler Ch 14 Sec. 5.8.
      Propositions incidental to an ongoing impeachment proceeding taken 
  up as privileged (3 Hinds Sec. 2400), have included:

     Reports relating to the investigation (3 Hinds Sec. 2402; 
         Deschler Ch 14 Sec. 8.2).
     Resolutions providing for the selection of managers (6 Cannon 
         Sec. 517).
     Propositions to abate an impeachment proceeding (6 Cannon 
         Sec. 514).
     Proposals to confer subpena authority or to provide funding 
         for the investigation (6 Cannon Sec. 549; 93-2, Feb. 6, 1974, p 
         2349).

      Resolutions incidental to the consideration of the impeachment 
  question may be called up as privileged by the committee considering 
  the matter. 93-2, Feb. 6, 1974, p 2349.
      Although charges or resolutions of impeachment are privileged, 
  they cannot be presented while another Member has the floor unless he 
  yields for that purpose. 91-2, Apr. 15, 1970, p 11920.

                              Debate; Motions

      Propositions of impeachment are considered under the general rules 
  of the House applicable to other simple House resolutions, unless the 
  House otherwise provides by special order. Deschler Ch 14 Sec. 8. 
  Since 1912, the

[[Page 544]]

  House has considered the resolution together with the articles of 
  impeachment. Deschler Ch 14 Sec. 8.2. The House may consider the 
  resolution and articles under a unanimous-consent agreement fixing and 
  controlling the time for debate. Deschler Ch 14 Secs. 8.1, 8.4. The 
  motion for the previous question and the motion to recommit are 
  applicable, and a separate vote may be demanded on substantive 
  propositions contained in the resolution. Deschler Ch 14 Secs. 8.8-
  8.10. The resolution is also subject to a motion to lay on the table 
  before debate thereon. 95-2, July 13, 1978, p 20606.
      A wide range of debate is permitted on impeachment proposals, and 
  a Member may refer to the political, social, and even the family 
  background of the accused. Deschler Ch 14 Sec. 8.5.


                        C. Procedure in the Senate


  Sec. 9 . In General

      The sole power to try impeachments is vested in the Senate under 
  the Constitution. U.S. Const. art. I Sec. 3 clause 6. On the day of 
  the trial, the Senate resolves itself into a court for the trial of 
  the impeachment. Deschler Ch 14 Sec. 11.5. The President of the Senate 
  presides over the trial, except in the case of the impeachment of the 
  President of the United States or the Vice President, in which case 
  the Chief Justice presides. Deschler Ch 14 Sec. 11. Upon organization 
  of the court, the managers appear and the trial of the case proceeds. 
  In the later practice, the resolution and articles of impeachment have 
  been considered together and exhibited simultaneously in the Senate by 
  the House managers. 6 Cannon Secs. 501, 515; 74-2, Mar. 10, 1936, pp 
  3485-88. Objections to the articles of impeachment, on the ground that 
  they duplicate and accumulate separate offenses, have been overruled. 
  74-2, Apr. 3, 1936, p 4898; 74-2, Apr. 17, 1936, p 5606.
      The presentation of the evidence follows a traditional sequence. 
  The evidence against the accused is first presented, then evidence in 
  defense and concluding evidence by the managers. The accused is 
  permitted to testify in answer to the charges contained in the 
  articles. 6 Cannon Secs. 511, 524; Deschler Ch 14 Sec. 12.11. Counsel 
  are permitted to appear, to be heard, to argue on preliminary and 
  interlocutory questions, to deliver opening and final arguments, to 
  submit motions, and to present evidence and examine and cross-examine 
  witnesses. Deschler Ch 14 Sec. 12.
      The use of a Senate committee in judicial impeachment proceedings 
  does not violate any constitutional rights or offend fundamental 
  notions of justice. Hastings v U.S. Senate, Impeachment Trial 
  Committee, D.D.C. 1989, 716 F Supp 38. In one recent case, the court 
  denied the claim of a former

[[Page 545]]

  federal judge that conviction voted by the Senate on two articles of 
  impeachment adopted by the House was void because the judge was not 
  afforded trial before the ``full'' Senate, rather than before a Senate 
  committee. The court ruled that the Senate's denial of the former 
  judge's motion for hearing before the full Senate, while according him 
  the opportunity to present and cross-examine witnesses before the 12-
  member committee, and an opportunity to argue both personally and by 
  counsel before the full Senate, did not make the controversy 
  justiciable and the claim meritorious. Nixon v US, D.D.C. 1990, 744 F 
  Supp 9, affirmed 938 F2d 239, 290 U.S. App. D.C. 420, affirmed 113 
  S.Ct. 732, 122 L.Ed.2d 1.
      At the conclusion of the evidence, there is argument, followed by 
  deliberation by the Senate in executive session and a vote in open 
  session. Deschler Ch 14 Sec. 13. Prior to the vote, the proceedings 
  may be dismissed in the Senate on the advice of the House managers. 
  Deschler Ch 14 Sec. 2.2.


  Sec. 10 . Voting and Judgment

      Under the Constitution, a two-thirds vote is required to convict 
  the accused on an article of impeachment (U.S. Const. art. I Sec. 3 
  clause 6), the articles being voted on separately under the Senate 
  rules (Deschler Ch 14 Sec. 13). The yeas and nays are taken on each 
  article separately. 3 Hinds Secs. 2098, 2339. In some instances, the 
  Senate has adopted an order to provide a method of voting and putting 
  the question separately and successively on each article. 6 Cannon 
  Sec. 524; 74-2, Apr. 16, 1936, p 5558.
      The Constitution provides for removal from office on conviction 
  and also allows the further judgment of disqualification from holding 
  further office. U.S. Const. art. I Sec. 3 clause 7. No vote is 
  required on removal following conviction, since removal follows 
  automatically from conviction under this constitutional provision. 
  Deschler Ch 14 Sec. 13.9. But the further judgment of disqualification 
  from holding future office requires a majority vote. Deschler Ch 14 
  Sec. 13.10. The question on removal and disqualification is divisible. 
  3 Hinds Sec. 2397; 6 Cannon Sec. 512.
      The impeachment and removal from office of a United States 
  District Judge did not necessarily disqualify him from holding office 
  as a Member of the House, absent any specific action taken by the 
  Senate to disqualify him from future federal office. Waggoner v 
  Hastings, S.D.Fla. 1993, 816 F. Sup. 716.



[[Page 547]]

 
                    INTRODUCTION AND REFERENCE OF BILLS

  Sec. 1. Introduction of Measures in the House; Sponsorship
  Sec. 2. Reference
  Sec. 3. -- Private Bills
  Sec. 4. Multiple Referrals; Sequential or Split Referrals
  Sec. 5. Bills Reported With Amendments
  Sec. 6. Matters Subject to Referral
  Sec. 7. Time Limitations on Referred Bills; Extensions
  Sec. 8. Referrals to or From Special and Ad Hoc Committees
        Research References
          4 Hinds Secs. 3364-3366
          7 Cannon Secs. 1027-1033
          4 Deschler Ch 16
          Manual Secs. 700, 849-860


  Sec. 1 . Introduction of Measures in the House; Sponsorship

                           Bills and Resolutions

      The system for introducing measures in the House is a relatively 
  free and open one. Bills and resolutions are introduced simply by 
  depositing them in the hopper at the Clerk's desk anytime that the 
  House is in session. Deschler Ch 16 Sec. 1. A Member may introduce a 
  bill during an interim pro forma meeting at a time when no legislative 
  business is being conducted. 96-2, Jan. 7, 1980, p 25; 102-2, Jan. 28, 
  1992, p ____.
      A bill or resolution may be introduced by any Member who has taken 
  the oath (89-1, Jan. 4, 1965, p 25) and he need not seek recognition 
  for that purpose. The Member is generally present on the floor to 
  introduce the measure. A Member may introduce a bill even though he is 
  personally opposed to its passage. Deschler Ch 16 Sec. 1.6. The rules 
  do not limit the number of bills a Member may introduce.
      Once introduced the bill becomes the property of the House, and 
  the House may consider it notwithstanding the death, resignation, or 
  replacement of its sponsor. 86-2, May 3, 1960, p 9246; 88-2, Jan. 29, 
  1964, p 15274.

                      Bills Introduced ``By Request''

      Only a Member or Delegate may introduce a bill. The House does not 
  permit the names of citizens requesting the introduction of a bill to 
  be print-

[[Page 548]]

  ed in the Record, but the rules do permit the words ``by request'' to 
  be entered on the Journal and printed in the Record. Manual Sec. 860. 
  These words appear following the name of the primary Member 
  introducing the bill. 87-1, Apr. 13, 1961, p 5900.

                          Petitions and Memorials

      Petitions and memorials addressed to the House are delivered to 
  the Clerk (Manual Sec. 849a), and may be presented by the Speaker as 
  well as by any Member (4 Hinds Sec. 3312). A Member may present a 
  petition from the citizens of a state other than his own. 4 Hinds 
  Secs. 3315, 3316.

                 Sponsorship; Endorsements and Signatures

      By House rule, all bills, resolutions, and memorials must be 
  endorsed with the name(s) of the Member or Members introducing them. 
  Manual Sec. 854. By directive of the Speaker, all bills must bear the 
  original signature of the chief sponsor or first-named Member. 92-2, 
  Feb. 3, 1972, p 2521; 93-1, Jan. 3, 1973, p 30. A bill falsely 
  introduced in a Member's name in his absence involves a question of 
  privilege, and the House may agree to an order providing for its 
  cancellation. 4 Hinds Sec. 3388.

                               Cosponsorship

      Unlimited cosponsorship of public bills is permitted until such 
  time as all committees authorized to report the bill have done so. 
  Manual Sec. 854. Before the bill is reported, a Member may remove his 
  name as a cosponsor by unanimous consent. 96-1, Feb. 26, 1979, p 326. 
  Alternatively, a sponsor may announce his withdrawal of support for a 
  bill (92-1, Mar. 29, 1971, p 8268), and a statement indicating that an 
  error was made in the listing of a sponsor's name may be made on the 
  floor and will appear in the Record. Deschler Ch 16 Sec. 2.5. 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 that Congress could have more than one Member reflected 
  as a first sponsor. Manual Sec. 855.


  Sec. 2 . Reference

                                 Generally

      After a bill has been introduced it is referred to committee in 
  accordance with the rule fixing the jurisdiction of committees over 
  particular subjects (Rule X clause 1), and in accordance with the 
  referral procedures that were adopted in 1975 and in 1995 (Rule X 
  clause 5). See also Deschler Ch 16 Sec. 3.

[[Page 549]]

      Absent specific authority, a committee may not report a measure 
  which it did not originate and which has not been properly referred to 
  it by the Speaker or by the House. 4 Hinds Secs. 4355-4360; 7 Cannon 
  Secs. 1029, 2101. Under the modern practice reports filed from the 
  floor as privileged pursuant to Rule XI clause 4(a) have been 
  permitted on bills and resolutions originating in certain committees. 
  Manual Sec. 412. The committees so authorized are Appropriations, 
  Budget, House Oversight, Rules, and Standards of Official Conduct. 
  Manual Sec. 726.
      Public bills are referred by the Speaker (Manual Sec. 854) 
  pursuant to the jurisdictional requirements of Rule X clause 1 (Manual 
  Sec. 669), but when the House itself refers a bill it may send it to 
  any committee without regard to the rules of jurisdiction. 4 Hinds 
  Sec. 4375; 7 Cannon Sec. 2131. Jurisdiction in such a case is deemed 
  conferred by the action of the House. 4 Hinds Secs. 4362-4364; 7 
  Cannon Sec. 2105.

                        Erroneously Referred Bills

      A House rule (Manual Sec. 854) provides for procedures to be 
  followed in case of an error in the reference of a public bill. The 
  House rerefers such bills without debate (Deschler Ch 16 Sec. 3.13) 
  usually pursuant to a unanimous-consent request (Deschler Ch 16 
  Secs. 3.14, 3.15) or infrequently by agreement to a rereferral motion 
  authorized by the committee claiming or relinquishing jurisdiction 
  over the matter. Manual Sec. 854; Deschler Ch 16 Secs. 3.10-3.13. The 
  motion to rerefer in such cases:

     Must apply to a bill erroneously referred (7 Cannon 
         Sec. 2125).
     Must be made immediately following the reading of the Journal 
         (Rule XXII clause 4. See also 7 Cannon Secs. 1809, 2119, 2120).
     Must apply to a single bill and not to a class of bills (7 
         Cannon Sec. 2125).
     May be amended (7 Cannon Sec. 2127).
     May not be divided (7 Cannon Sec. 2125).
     May not be debated (7 Cannon Secs. 2126-2128).

           Bills Reported From Committee; Referrals to Calendars

      Bills reported from committees are ordinarily referred to the 
  proper calendar under the direction of the Speaker. Manual Sec. 743. 
  Once a bill has been reported by committee, points of order against 
  its reference and motions for its rereferral are not entertained. 7 
  Cannon Sec. 2110; Deschler Ch 16 Sec. 3.6. However, under the modern 
  referral procedures authorized by the rules, a bill reported from 
  committee may be sequentially referred by the Speaker to other 
  committees. Sec. 4, infra. Moreover, once consideration of the 
  reported measure has begun in the House, a motion to refer or recommit 
  is in order in differing situations under the House rules. Manual 
  Secs. 782, 787. Generally, see Refer and Recommit.

[[Page 550]]

  Sec. 3 . -- Private Bills

      A private bill delivered to the Clerk is referred to committee 
  pursuant to the endorsement specified thereon by the Member 
  introducing it. Manual Sec. 849a. The introduction from the floor of a 
  private bill is rarely permitted, and then only by unanimous consent. 
  91-1, Apr. 16, 1969, p 9258. As to the distinction between public 
  bills and private bills, see Bills.
      Certain types of private bills, such as bills for the payment of 
  claims which may be instituted under the Federal Tort Claims Act, may 
  not be received or considered in the House. Manual Sec. 852. And bills 
  for the payment of a private claim against the government may be 
  referred only to certain committees (Rule XXI clause 4), although this 
  requirement has been waived by unanimous consent so as to permit 
  reference to a different committee. 95-2, May 4, 1978, p 12615.
      Under the rules (Manual Sec. 853), errors in private bills may be 
  corrected without action by the House at the suggestion of the 
  committee having possession of the bill. 4 Hinds Sec. 4379. Since an 
  erroneous reference of a private bill does not confer jurisdiction on 
  the committee to report it (Rule XXII clause 3), a point of order will 
  lie against the bill when it comes up for consideration in the House 
  or in the Committee of the Whole. 4 Hinds Secs. 4382-4389.


  Sec. 4 . Multiple Referrals; Sequential or Split Referrals

      Prior to the 94th Congress, a bill could not be divided among two 
  or more committees, even though it contained matters properly within 
  the jurisdiction of several committees. 4 Hinds 4372. But in 1975, the 
  House adopted a rule stating that every referral must be made in such 
  manner as to assure ``to the maximum extent feasible'' that each 
  committee having jurisdiction over the subject matter of a provision 
  will have responsibility for considering it and reporting thereon to 
  the House. Rule X clause 5(b).
      This rule was amended in 1995 (H. Res. 6, 104th Cong.) to require 
  the Speaker to designate a committee of primary jurisdiction upon the 
  initial referral of a measure to a committee. The Speaker then has the 
  discretion to:

     Refer the same measure to other committees (sequential 
         referral), subject to time limits imposed after the primary 
         committee has reported.
     Refer designated portions of the same measure to other 
         committees (split referral).
     Refer a measure to a special ad hoc committee established by 
         the House consisting of members of committees with shared 
         jurisdiction over the measure.


[[Page 551]]



      The new rule eliminates so-called joint referrals and substitutes 
  the requirement that the Speaker designate the committee of primary 
  jurisdiction. (Referrals are always for consideration only of such 
  provisions as fall within a committee's jurisdiction.) H. Res. 6, 
  Sec. 205, Jan. 4, 1995.


  Sec. 5 . Bills Reported With Amendments

      A bill reported from committee with an amendment may be 
  sequentially referred to another committee where the amendment falls 
  within the jurisdiction of the second committee. 95-1, Oct. 13, 1977, 
  p 33716; 97-1, May 20, 1981, p 10361. In determining whether the 
  matter falls within the jurisdiction of the second committee, the 
  Speaker may take into consideration the text of the amendment as well 
  as the text of the original bill (97-1, Jan. 5, 1981, p 115); or he 
  may base his referral solely on the text of a reported substitute 
  amendment in lieu of original text (100-1, Jan. 6, 1987, p 21). The 
  second committee may then report an amendment to the amendment adopted 
  by the first committee, if within the jurisdiction of the second 
  committee.
      The Speaker has exercised the authority to base referrals on 
  committee amendments to reported bills by sequentially referring:

     A reported bill to another committee solely for consideration 
         of provisions of the first committee's amendment within its 
         jurisdiction, and not for consideration of the entire bill. 97-
         2, Apr. 5, 1982, p 6580.
     A reported bill to two other committees for different periods 
         of time, solely for consideration of designated sections of the 
         first committee's recommended amendment. 97-2, May 18, 1982, p 
         10418.
     A reported bill solely for consideration of designated 
         portions of the first committee's amendment. 97-2, May 21, 
         1982, p 11169.


  Sec. 6 . Matters Subject to Referral

                                 Generally

      The rule establishing the referral procedures to be followed by 
  the Speaker applies to ``each bill, resolution, or other matter'' 
  relating to a subject falling within the jurisdiction of a standing 
  committee under Rule X clause 1. See Rule X clause 5(a). Thus, the 
  Speaker may pursuant to the rule refer bills and resolutions (Manual 
  Sec. 700), a portion of a bill (95-1, May 2, 1977, p 13184), a 
  Presidential message (Rule XXIV clause 2) (Manual Sec. 883), an 
  executive communication (Rule XL) (94-1, Feb. 4, 1975, p 2253), or a 
  select committee report (94-2, Mar. 16, 1976, p 6539; 94-2, Apr. 2, 
  1976, p 9261).

[[Page 552]]

                     Senate Amendments to House Bills

      Pursuant to Rule XXIV clause 2, a Senate amendment to a House-
  passed bill is subject to discretionary referral by the Speaker to a 
  standing committee. 97-1, Mar. 26, 1981, p 5397. Under the House 
  rules, House bills with Senate amendments which do not require 
  consideration in Committee of the Whole may be at once disposed of as 
  the House may determine. Rule XXIV clause 2. Such bills are 
  accordingly laid before the House for action. Manual Sec. 883. Unless 
  otherwise disposed of by the House (8 Cannon Sec. 3187), a House bill 
  returned with a Senate amendment involving a new matter is at the 
  Speaker's discretion referrable under Rule XXIV clause 2 directly to a 
  standing committee, and on being reported therefrom is referred to the 
  Committee of the Whole. 4 Hinds Sec. 3108. Formerly, where a House 
  bill was returned from the Senate with an amendment relating to a new 
  and different subject, the reference was nevertheless to the committee 
  having jurisdiction of the original bill. 4 Hinds Secs. 4373, 4374. 
  Under the modern practice, however, the Speaker has discretionary 
  authority to refer from the Speaker's table Senate amendments to 
  House-passed bills to any standing committees under the conditions 
  permitted by Rule X clause 5, and in so doing the Speaker may include 
  the imposition of a time limitation for consideration of a certain 
  portion of the amendment. 97-1, Mar. 26, 1981, p 5397.

                         Senate Bills and Messages

      Bills and joint and concurrent resolutions messaged from the 
  Senate if referred at the Speaker's discretion, are referred to 
  committees in the same manner as public bills originating in the 
  House. Rule XXIV clause 2. Senate messages requiring consideration in 
  Committee of the Whole (4 Hinds Sec. 3101), and Senate bills (with 
  certain exceptions, as where a similar House measure has been reported 
  or ordered reported) are referred to the appropriate standing 
  committees under direction of the Speaker without action by the House 
  (6 Cannon Sec. 727). Simple resolutions of the Senate that do not 
  require any action by the House are not referred. 7 Cannon Sec. 1048.


  Sec. 7 . Time Limitations on Referred Bills; Extensions

                                 Generally

      Pursuant to Rule X clause 5, the Speaker may impose a time limit 
  for the consideration by any committee of a bill that is primarily or 
  initially or sequentially referred. 94-2, May 17, 1976, p 14093; 100-
  2, June 30, 1988, p 16597; 103-1, Jan. 5, 1993, p ____. However, the 
  rules of the House do not require the Speaker to impose limits on the 
  period of time

[[Page 553]]

  which a committee may consider a bill, and he may sequentially refer a 
  bill without setting a date certain on which the bill is to be 
  reported (95-1, July 11, 1977, p 22183), or he may set a time limit as 
  short as one day (94-2, Sept. 8, 1976, p 29274; 96-2, Mar. 20, 1980, p 
  6038).
      On the last day of an expiring sequential referral, a committee 
  has until midnight to file its report. 102-1, Oct. 9, 1991, p ____. 
  Where the time period for reporting the bill to the House ends on a 
  day when the House is not in session, the committee may file its 
  report with the Clerk. 95-1, May 23, 1977, p 15865.
      Rule X clause 5 is not construed to prevent a secondary committee 
  from reporting prior to the primary committee. It is the intent of the 
  rule to allow the primary committee to report before a measure is 
  scheduled for floor consideration, unless it waives its right to 
  report or the Speaker exercises discretion to impose a time limit on 
  the primary committee for reporting and it fails to meet the deadline, 
  in which case it will be considered to have been discharged of the 
  measure. 104-1, Jan. 5, 1995, p ____.

                            Extensions of Time

      The Speaker may extend the time limit set for the consideration of 
  a referred bill, and he has exercised such authority with respect to 
  bills that have been sequentially referred (96-1, May 30, 1979, p 
  12978), or divided for reference (96-1, Apr. 10, 1979, p 8104). Where 
  the Speaker extends the time limit on a sequentially referred bill, he 
  may also refer the bill to another committee for the same period. 94-
  2, June 1, 1976, p 16588.
      More than one extension of time may be given by the Speaker to a 
  committee considering a bill. In the 95th Congress, the Speaker 
  extended for a second additional period the time limit for 
  consideration by committee of portions of a bill which had been 
  divided for reference. 95-1, July 18, 1977, p 23483.

                          Discharge of Committee

      Where a committee does not report a measure to the House on or 
  before the date specified by the Speaker pursuant to his authority 
  under Rule X clause 5, the Speaker may discharge the committee from 
  further consideration of the measure and refer it to the appropriate 
  calendar or to another committee. 95-1, July 13, 1977, p 22733.


  Sec. 8 . Referrals to or From Special and Ad Hoc Committees

      The Speaker may refer bills, resolutions, and other matters 
  (including messages and communications) to an ad hoc committee 
  established with the approval of the House. 95-1, Jan. 11, 1977, p 
  894; 95-1, Apr. 21, 1977,

[[Page 554]]

  p 11550. The House order authorizing the ad hoc committee may require 
  that referrals to the committee shall be by initial or sequential 
  reference or by some other method provided by Rule X clause 5. 95-1, 
  Apr. 21, 1977, p 11550; 95-1, July 20, 1977, p 24167.
      Normally, the reference of a matter to an ad hoc committee would 
  not preclude a standing committee claiming jurisdiction from offering 
  a motion for rereference of the matter under Rule XXII clause 4. 95-1, 
  Apr. 21, 1977, p 11550.



[[Page 555]]

 
                                  JOURNAL

   Sec. 1. Generally; Publication
   Sec. 2. Matters Entered in the Journal
   Sec. 3. -- Votes and Quorum Calls
   Sec. 4. Reading and Approval
   Sec. 5. -- Precedence; Interruptions
   Sec. 6. Motions That the Journal Be Read
   Sec. 7. Reading Practices and Customs
   Sec. 8. Motions to Approve
   Sec. 9. Amendments and Corrections
        Research References
          4 Hinds Secs. 2726-2883
          6 Cannon Secs. 623-637
          1 Deschler Ch 5 Secs. 8-14
          Manual Secs. 582, 621
          U.S. Const. art. I Sec. 5

  Sec. 1 . Generally; Publication

      The Journal is a record of the proceedings of each legislative day 
  in the House. The Journal--and not the Congressional Record--is the 
  official record of the proceedings of the House (4 Hinds Sec. 2727; 
  Manual Sec. 582), and certified copies thereof are admissible in 
  judicial proceedings (28 USC Sec. 1736).
      The U.S. Constitution requires the House to keep a Journal and 
  publish it excepting such as may require secrecy (art. I Sec. 5). The 
  purpose of this constitutional requirement is to insure that the 
  proceedings of the House be a matter of public record. Deschler Ch 5 
  Sec. 8.


  Sec. 2 . Matters Entered in the Journal

      The content of the House Journal is governed by the U.S. 
  Constitution, by statute, and by the rules and practices of the House 
  itself. Deschler Ch 5 Sec. 10. The Constitution sets forth the general 
  requirement that the ``proceedings'' of the House be kept in the 
  Journal (art. I Sec. 5). It further specifies that the Journal reflect 
  votes taken by the yeas and nays (Sec. 3, infra), as well

[[Page 556]]

  as veto messages from the President (art. I Sec. 7), and since such 
  matters are always entered in the Journal, no motion or request to 
  that effect is necessary (Deschler Ch 5 Sec. 10.4). Except as limited 
  by these constitutional requirements, the House has the discretion to 
  determine the content and format of its Journal, and it controls the 
  extent to which House business is particularized therein. Deschler Ch 
  5 Sec. 10.

                                Exclusions

      The Journal records House actions and proceedings. It is not a 
  verbatim transcript (89-1, Sept. 13, 1965, p 23600), and does not 
  include:

    The rationale for, or all the circumstances attending, House 
         action (4 Hinds Secs. 2811, 2812).
    Verbatim accounts of debate and special-order speeches (89-1, 
         Sept. 13, 1965, p 23600).
    The deliberations of the Committee of the Whole, except for 
         recorded votes. Journal entries of recorded votes, see Manual 
         Sec. 630a.
    Unanimous-consent requests that meet with objection (Deschler 
         Ch 5 Sec. 10.2).
     Parliamentary inquiries or motions that are withdrawn or not 
         entertained (4 Hinds Secs. 2813, 2844).

                                Inclusions

      Proceedings that are reflected in the Journal include:

    Public bills, resolutions, and documents introduced and 
         referred under the rules (Manual Sec. 854), by number, title, 
         and committee of reference.
    Private bills, petitions, and memorials introduced and 
         referred, with the exception of those measures determined to be 
         of obscene or insulting character (Manual Sec. 849).
    The name of the Member introducing the measure together with 
         the words ``by request'' if appropriate (Deschler Ch 5 
         Sec. 10.7).
    Special rules from the Committee on Rules providing for the 
         consideration of a measure.
    The disposition of measures called up for consideration in the 
         House or Committee of the Whole.
     Questions of order arising during the proceedings of the House 
         (Manual Sec. 641).
    Reports of committees delivered to the Clerk for printing and 
         reference, by title or subject (Manual Sec. 743).
    Motions entertained by the Speaker--including motions to amend 
         (Manual Sec. 580)--unless withdrawn on the same day (Manual 
         Sec. 775).
    Motions to discharge when signed by a majority of the total 
         membership (Manual Sec. 908).
    The discharge of the Committee of the Whole from the further 
         consideration of a bill (Deschler Ch 5 Sec. 10.9).

[[Page 557]]

    Conference reports and the disposition thereof (Manual 
         Sec. 542).
    Messages giving notice of bills passed or approved (Manual 
         Sec. 935).
    Veto messages from the President (U.S. Const. art. I Sec. 7).
    Unanimous-consent requests agreed to by the House, and action 
         taken pursuant thereto.
    The names of Members speaking pursuant to a special order and 
         the time allocated therefor.
    Expungements from the Congressional Record ordered by the House 
         (Deschler Ch 5 Sec. 10.10).
    Disciplinary censure of a Member pursuant to order of the House 
         (2 Hinds Sec. 1251).
    The time of adjournment (Manual Sec. 790).

  Sec. 3 . -- Votes and Quorum Calls

      The Journal must reflect certain information relating to votes, 
  roll calls, and quorum calls. The Journal should record the result of 
  every vote and state in general terms the subject of that vote (4 
  Hinds Sec. 2804). The U.S. Constitution requires that votes taken by 
  the yeas and nays be entered in the Journal (art. I Sec. 5). The 
  Journal should further disclose:

    The names of those Members voting on each side of the question, 
         as well as those not voting, when a recorded vote is taken 
         pursuant to Rule I clause 5 (Manual Sec. 630).
    The names of those Members recorded electronically as voting on 
         any roll call or quorum call taken pursuant to Rule XV clause 5 
         (Manual Sec. 774b).
    The names of those Members told by clerks when the Speaker in 
         the absence of a quorum directs that the presence of Members be 
         determined by this procedure in lieu of the electronic system 
         (Manual Sec. 771b).
    The names of those Members voluntarily appearing to be recorded 
         as present when a call of the House in the old form is 
         conducted (Manual Sec. 768).
    The names of those Members recorded as absent after a quorum 
         call (Manual Sec. 771b).

  Sec. 4 . Reading and Approval

      Pursuant to a recent change in Rule I clause 1, the Speaker is 
  authorized to announce his approval of the Journal. The Speaker's 
  approval of the Journal is deemed agreed to subject to a vote on 
  demand of any Member. Manual Sec. 621.
      The Speaker: The Chair has examined the Journal of the last day's 
    proceedings and announces to the House his approval thereof. Without 
    objection, the approval is agreed to.
      Member: Mr. Speaker, I object.

[[Page 558]]

      The Speaker: The gentleman from  ______ objects to the Speaker's 
    approval of the Journal. The question is on agreeing to the 
    Speaker's approval. Those in favor will say ``Aye'', those opposed 
    ``No.''
      Member: Mr. Speaker, I ask for the Yeas and Nays . . .  [or] . . . 
     I make a point of order that a quorum is not present and object to 
    the vote on the ground that a quorum is not present.

  Since the approval of the Journal is legislative business and is in 
  order only in legislative sessions, it is not in order when the House 
  has precluded any legislative business during a pro forma session (96-
  2, Jan. 7, 1980, p 25).

      At one time, the reading of the Journal of each legislative day 
  was mandatory and could be dispensed with only by unanimous consent (6 
  Cannon Sec. 625) or under suspension of the rules (4 Hinds Sec. 2747). 
  Today, however, if the Speaker after examining the Journal announces 
  his approval thereof, the Journal is to be considered as read (Manual 
  Sec. 621). Pursuant to this timesaving procedure, the House ordinarily 
  dispenses with the actual reading of its Journal. But if the Speaker's 
  approval is disagreed to, the rules authorize the making of one motion 
  that the Journal be read (Sec. 6, infra). When the reading is ordered, 
  a motion to amend the Journal is in order after the reading is 
  completed (Sec. 9, infra).
      The Speaker's approval of the Journal no longer requires the 
  presence of a quorum. And the rules specify that a point of order of 
  no quorum may not be made during a reading of the Journal if the 
  presence of a quorum has once been ascertained on that day (Manual 
  Sec. 774c). But 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 on that ground, a call of the House is automatic 
  (95-1, Feb. 2, 1977, p 3342).
      Since the Journal is the official record of the proceedings of the 
  House, its approval is not subject to the requirement that it 
  correspond with the Congressional Record (Deschler Ch 5 Sec. 14.2). 
  The Journal is controlling in the event of a discrepancy between the 
  Journal and the Record (89-1, Jan. 8, 1965, p 452). There should be no 
  delay in the approval of the Journal merely because its description of 
  an action taken is inconsistent with the description of the same 
  matter in the Record (Deschler Ch 5 Sec. 14.2). The reading of the 
  Journal may not be interrupted by a request to correct the Record 
  (Deschler Ch 5 Sec. 12.23).


  Sec. 5 . -- Precedence; Interruptions

      When the House convenes for a new legislative day the approval of 
  the Journal is first in order of business after the daily prayer 
  (Manual Sec. 878), even if it is the second legislative day on the 
  same calendar day. 97-1, Nov. 17, 1981, p 27772. It follows that the 
  transaction of House business, how-

[[Page 559]]

  ever highly privileged, prior to such approval, is not in order (90-2, 
  Oct. 8, 1968, p 30095). Thus, the approval of the Journal takes 
  precedence over reports from the Committee on Rules (Deschler Ch 5 
  Sec. 12.2), as well as reports from conference committees (Manual 
  Sec. 909). Similarly, motions incident to the approval of the Journal, 
  such as a motion to amend it, take precedence over motions relating to 
  the consideration of bills (Deschler Ch 5 Sec. 18.8). But certain 
  procedural matters are permitted to intervene even though the approval 
  of the Journal is pending. They include:

    Simple motions to adjourn (Deschler Ch 5 Sec. 12.3).
    Administration of the oath to a Member-elect (Deschler Ch 5 
         Sec. 12.5).
    Parliamentary inquiries (88-2, Apr. 9, 1964, p 7356).
    The reception of messages from the Senate during an 
         interruption of the reading of the Journal (Deschler Ch 5 
         Sec. 12.12).
    The reception of messages from the President received during an 
         interruption of the reading (87-2, Aug. 27, 1962, p 17651).
    Requests that Calendar Wednesday business be dispensed with 
         where such requests are made before (Deschler Ch 5 Sec. 12.10) 
         but not during (Deschler Ch 5 Sec. 12.24) the reading.
    Questions of privilege affecting the House collectively (2 
         Hinds Sec. 1630).
    Arraignments of impeachment (6 Cannon Sec. 469).

      Of course, the House may by unanimous consent specifically 
  authorize that certain proceedings (such as the Speaker's declaration 
  of a recess) be taken up prior to the Journal (Deschler Ch 5 
  Sec. 12.8). And the Speaker has the discretion to entertain unanimous-
  consent requests made prior to the taking up of the Journal (Deschler 
  Ch 5 Sec. 12.9), but he may decline to do so if a reading thereof is 
  pending (Deschler Ch 5 Sec. 12.11).


  Sec. 6 . Motions That the Journal Be Read

      If the Speaker's approval of the Journal is disagreed to under 
  Rule I clause 1, one motion that the Journal be read is in order 
  (Manual Sec. 621):

      Member: Mr. Speaker, I move pursuant to the Rules of the House 
    that the Journal be read.
      The Speaker: The question is, shall the Journal be read?

      The motion is privileged but not debatable (94-1, Apr. 23, 1975, p 
  11482).


  Sec. 7 . Reading Practices and Customs

      Journal readings, when permitted under the modern practice, are 
  conducted in accordance with the customs of the House (Deschler Ch 5 
  Sec. 11.1). Pursuant to a custom of long-standing, when the Journal 
  Clerk reads the

[[Page 560]]

  Journal for the previous day, he omits such matters as the names of 
  Members responding to roll calls and the texts of messages received. 
  But after the Speaker or the House has ordered that the Journal be 
  read, a Member may demand that the Journal be read in full (Deschler 
  Ch 5 Sec. 11.3), in which case the Clerk must read the Journal for the 
  previous day in its entirety, including:

    The names of Members responding to roll calls (88-2, Apr. 9, 
         1964, p 7355).
    The names of Members responding to yea and nay votes (Deschler 
         Ch 5 Sec. 11.5).
    The text of any messages from the President (86-2, May 4, 1960, 
         p 9413).

      Where a demand that the Journal be read in full is made after a 
  portion thereof has been read, the Clerk begins a detailed reading at 
  that point and does not return to reread that portion which has been 
  passed (89-1, Sept. 13, 1965, p 23598).
      The reading of the Journal by the Clerk may be terminated by 
  unanimous consent (Deschler Ch 5 Sec. 11), and may be temporarily 
  suspended or waived in the event of disorder on the floor (2 Hinds 
  Sec. 1630; 4 Hinds Sec. 2759) or pending a discussion of the validity 
  of the previous day's adjournment (89-1, July 16, 1965, p 17102).


  Sec. 8 . Motions to Approve

      A motion to approve the Journal is ordinarily unnecessary under 
  the modern practice of the House, because the Speaker is authorized 
  under Rule I clause 1 to examine it and announce his approval thereof. 
  However, the Speaker's approval may be put to a vote on demand of a 
  Member (Manual Sec. 621). And if the Speaker orders that the Journal 
  be read, or if the House adopts a motion to that effect, a motion that 
  the Journal be approved as read may be entertained:

      Member [after the Clerk has concluded the reading of the Journal]: 
    Mr. Speaker, I move that the Journal as read stand approved; and on 
    that motion I move the previous question.
      The Speaker: The question is on ordering the previous question. . 
    . .
      The Speaker [after an affirmative vote on the previous question]: 
    The question is, shall the Journal of the last day's proceedings 
    stand approved?

      Note: The yeas and nays may be had on votes taken in connection 
  with the motion to approve (Deschler Ch 5 Sec. 14.9).

      If the motion to approve is adopted by the House, further motions 
  incident to the reading or correction of the Journal are out of order. 
  If the mo-

[[Page 561]]

  tion to approve is rejected by the House, the Journal is subject to 
  amendment (see Sec. 9, infra).
      The motion to approve the Journal as read should be made when the 
  Clerk completes his reading, but the Speaker may entertain such a 
  motion even though it interrupts the reading in the absence of a 
  timely objection thereto (Deschler Ch 5 Secs. 14.3-14.6).
      The motion to approve is debatable until the previous question is 
  ordered on that motion. A Member may demand the right to debate the 
  motion even after the ordering of the previous question (89-1, Sept. 
  13, 1965, p 23602), if he invokes his right to do so under the so-
  called 40-minute rule (Rule XXVII clause 3), provided that there has 
  been no previous debate on the motion (Manual Sec. 907).
      The motion to approve may be disposed of by the adoption of a 
  motion to lay on the table (Deschler Ch 5 Sec. 14.8) even though the 
  previous question has been demanded on the motion to approve; in such 
  cases the motion to table the motion to approve is entertained and 
  first put (89-1, Sept. 13, 1965, p 23600). The question of agreeing to 
  the Speaker's approval of the Journal is also subject to postponement 
  pursuant to Rule I clause 5(b)(1).


  Sec. 9 . Amendments and Corrections

      Errors or omissions in the previous day's Journal may be corrected 
  by motion or by unanimous consent:

      Member [after obtaining recognition]: Mr. Speaker, I move to amend 
    the Journal by inserting [or by striking or by striking out and 
    inserting] ________________________.

  The Member offering the motion is recognized under the hour rule. 101-
  2, Mar. 19, 1990, p 4488. The motion to amend the Journal is in order 
  after the Journal has been read (89-1, Sept. 13, 1965, p 23598); it 
  may not be entertained prior to (Deschler Ch 5 Sec. 13.1), or during 
  (89-1, Sept. 13, 1965, p 23598), the reading. The motion to amend is 
  not in order after the approval of the Journal by the House. The 
  motion to amend takes precedence over the motion to approve (Deschler 
  Ch 5 Sec. 13), but will not be admitted after the previous question 
  has been demanded on the motion to approve (89-1, Sept. 13, 1965, p 
  23600).

      Matters extraneous to the Journal, such as an expression of an 
  opinion by a Member as to a ruling made by the Chair on the previous 
  legislative day, may not be offered by way of the motion to amend (4 
  Hinds Sec. 2848).
      The motion to amend is applicable only to the Journal of the 
  previous day. Corrections relating to a Journal of a day prior to the 
  previous legislative day are made by unanimous consent (Deschler Ch 5 
  Sec. 13).



[[Page 563]]

 
                             LAY ON THE TABLE

   Sec. 1. In General; Effect
   Sec. 2. When in Order
   Sec. 3. Precedence
   Sec. 4. Application to Particular Propositions
   Sec. 5. Application to Particular Motions
   Sec. 6. Offering the Motion; Debate and Disposition
   Sec. 7. Collateral Matters Carried to the Table
   Sec. 8. Taking From the Table; Reconsideration
        Research References
          5 Hinds Secs. 5389-5442
          8 Cannon Secs. 2649-2660
          7 Deschler Ch 23 Secs. 9-13
          Manual Secs. 445, 782, 785

  Sec. 1 . In General; Effect

      The motion to table (or, under the more formal terminology of the 
  Rule XVI clause 4, to ``lay on the table'') is used to adversely 
  dispose of a proposition pending in the House. Deschler Ch 23 
  Sec. 9.1. Manual Sec. 785. The table referred to in Rule XVI is the 
  Clerk's table, not the Speaker's table. 5 Hinds Sec. 5389 (note).
      The language ``to lay on the table''--to the extent that it 
  implies that the tabled matter is only temporarily in abeyance--is 
  misleading. The motion is not used simply to put aside a pending 
  matter. The action of the House in adopting the motion to table a 
  proposition is equivalent to a final adverse disposition thereof 
  (Deschler Ch 23 Sec. 9.1), and does not merely represent a refusal to 
  consider it. 95-2, Aug. 15, 1978, p 26204. In this respect the House 
  practice differs from general parliamentary usage, which permits the 
  use of the motion to temporarily suspend consideration of a matter. 
  Under the modern practice in the House, a tabling action is ordinarily 
  as much a final adverse decision as a negative vote on the passage of 
  a bill. 5 Hinds Sec. 6540 (note). With few exceptions, matters laid on 
  the table may be taken therefrom only by unanimous consent or by a 
  motion to suspend the rules. Sec. 8, infra. The pending proposition 
  being disposed of finally and

[[Page 564]]

  adversely, the adoption of the motion may have the effect of depriving 
  a Member of his right to debate a proposition he has offered. Deschler 
  Ch 23 Sec. 9.2.
      If the House rejects the motion to table a proposition, the 
  proposition is before the House for disposition. Deschler Ch 23 
  Secs. 9.19, 12.3.


  Sec. 2 . When in Order

      The motion to table is in order only in the House; it is not in 
  order in the Committee of the Whole (4 Hinds Secs. 4719, 4720; 8 
  Cannon Secs. 2330, 2556a; Deschler Ch 23 Secs. 9.29, 9.30; 104-1, Mar. 
  16, 1995, p ____) and does not apply to motions to go into the 
  Committee of the Whole (6 Cannon Sec. 726). It is not applicable to 
  propositions which are neither debatable nor amendable. Manual 
  Sec. 785.
      A motion to table a proposition is in order after the proposition 
  is called up for consideration but before debate thereon. 95-2, July 
  13, 1978, p 20606; 98-2, Oct. 4, 1984, p 30042. The motion is in order 
  before the Member entitled to prior recognition for debate on the 
  pending proposition has begun his remarks. 5 Hinds Secs. 5393-5395; 6 
  Cannon Sec. 412; 8 Cannon Sec. 2649. The motion comes too late after 
  the Chair has put the question on the pending proposition and asked 
  for a vote. 96-1, Sept. 20, 1979, p 25512. The motion is in order 
  after the previous question has been moved on the pending proposition, 
  but may not be made after the previous question has been ordered (5 
  Hinds Secs. 5415-5422; 8 Cannon Sec. 2655; Deschler Ch 23 Sec. 9), or 
  after the yeas and nays have been ordered thereon (5 Hinds Sec. 5408).


  Sec. 3 . Precedence

                                 Generally

      The motion to table is a preferential motion and is said to be of 
  high privilege. Deschler Ch 23 Secs. 9, 11.2. It yields to the motion 
  to adjourn (Manual Sec. 782; Deschler Ch 23 Sec. 9) and to the 
  question of consideration (5 Hinds Sec. 4943). Under the rules of the 
  House, however, it enjoys precedence over the motions for the previous 
  question, to postpone, to refer, or to amend. Rule XVI clause 4 
  (Manual Sec. 782). A motion to table a measure is thus of higher 
  privilege than a motion to refer the measure to a committee. 5 Hinds 
  Sec. 5303; Deschler Ch 23 Sec. 12.5.

            As Related to the Motion for the Previous Question

      Pending the ordering of the previous question on a proposition 
  which is under debate, the motion to table the proposition is 
  preferential and is voted on first. Deschler Ch 23 Secs. 9.11, 12.1; 
  Manual Sec. 785. Although a mo-

[[Page 565]]

  tion to table is not in order after the previous question has been 
  ordered on a pending proposition (5 Hinds Secs. 5415-5422), if the 
  previous question is voted down, the motion to table again becomes in 
  order (Deschler Ch 23 Sec. 9.21) and is preferential (Deschler Ch 23 
  Sec. 12.2).


  Sec. 4 . Application to Particular Propositions

                     Generally; Bills and Resolutions

      The motion to table has been held specifically applicable to:

    A House bill. 5 Hinds Sec. 5426.
    A House bill with Senate amendments. 5 Hinds Sec. 6140.
    A vetoed bill. 4 Hinds Sec. 3549.
    A House resolution and an amendment thereto. 5 Hinds Sec. 6139.
    A series of resolutions on a particular subject. 5 Hinds 
         Sec. 6138.
    A privileged resolution. 95-2, July 13, 1978, p 20606.
    A resolution proposing an impeachment (Deschler Ch 23 
         Sec. 9.14) or authorizing an impeachment investigation (6 
         Cannon Sec. 541).
    A resolution raising a question of the privileges of the House. 
         6 Cannon Sec. 560; Deschler Ch 23 Sec. 9.25.
    A resolution to expel a Member. 94-2, Oct. 1, 1976, p 35111.
    A resolution establishing a select committee. Deschler Ch 23 
         Sec. 9.22.
    A resolution of inquiry adversely reported from committee. 
         Deschler Ch 23 Sec. 9.17.
    A resolution providing for adjournment sine die. Deschler Ch 23 
         Sec. 9.10.
     An appeal from a decision of the Speaker. 8 Cannon Sec. 3453; 
         Deschler Ch 23 Sec. 9.3.

                              Special Orders

      Special orders of business reported from the Committee on Rules 
  and called up under clause 4(b) of Rule XI, are not subject to the 
  motion to table, as that rule prohibits dilatory motions. Manual 
  Sec. 729b. However, after rejection of the previous question, the 
  motion to table has been applied to a resolution providing a special 
  order. Deschler Ch 23 Sec. 9.23.
      The motion to table may not be applied to a resolution providing a 
  special order if the resolution is before the House under the 
  operation of the discharge rule, because such rule prohibits such 
  intervening motion. Deschler Ch 23 Sec. 9.28.

                            Conference Reports

      In the later practice, the motion to table has not been applied to 
  conference reports on bills in disagreement between the Houses, since 
  this would carry the entire bill and amendments of the other House to 
  the table

[[Page 566]]

  and would leave no opportunity for the House and Senate to have a 
  second conference. 5 Hinds Secs. 6539, 6540. See Manual Sec. 785.


  Sec. 5 . Application to Particular Motions

      The motion to table is applicable to debatable secondary motions 
  for the disposal of another matter (Manual Sec. 785), such as a motion 
  to refer (5 Hinds Sec. 5433; 97-2, Aug. 13, 1982, p 20978), or a 
  motion to recede and concur in a Senate amendment in disagreement. 95-
  2, Feb. 22, 1978, p 4072. The motion has been held specifically 
  applicable to:

    A motion to approve the Journal. Deschler Ch 23 Sec. 9.11.
    A motion to postpone to a day certain. 8 Cannon Secs. 2654, 
         2657.
    A motion to rerefer a bill to a committee. Deschler Ch 23 
         Sec. 9.12.
    A motion to instruct conferees. Deschler Ch 23 Secs. 9.7, 9.8.
    A motion to reconsider a vote. 8 Cannon Secs. 2652, 2659; 95-2, 
         Apr. 20, 1978, p 10990.

      The motion to table may not be applied to a motion relating to the 
  order of business (Deschler Ch 23 Sec. 9.27), nor to any motion which 
  is neither debatable nor amendable (Deschler Ch 23 Sec. 9.26). The 
  motion is inapplicable to:

    Motions for the previous question. 5 Hinds Secs. 5410, 5411; 
         103-2, Oct. 4, 1994, p ____.
    Motions to dispose of measures on which the previous question 
         has been ordered. 8 Cannon Secs. 2653, 2655.
    Motions to recommit made after the ordering of the previous 
         question. 5 Hinds Secs. 5412-5414; 8 Cannon Secs. 2653, 2655.
    Motions to dispense with further proceedings under a call of 
         the House. 87-2, Aug. 27, 1962, pp 27651-54; Deschler Ch 23 
         Secs. 9.26, 12.4.
    Motions to go into the Committee of the Whole. 5 Hinds 
         Sec. 5404; 6 Cannon Sec. 726.
    Motions limiting the time for debate. 5 Hinds Sec. 5403.
    Motions to suspend the rules. 5 Hinds Secs. 5405, 5406; 
         Deschler Ch 23 Sec. 9; Manual Sec. 785.
    Motions to proceed to the consideration of a disapproval 
         resolution. Deschler Ch 23 Sec. 11.3.
    Motions that when the House adjourn it stand adjourned until a 
         day and time certain. Manual Sec. 785.
     Motions to adjourn. 101-2, Aug. 3, 1990, p ____.

      The motion to table may not be applied to a motion to discharge a 
  committee under clause 3, Rule XXVII (Deschler Ch 23 Sec. 9.16) unless 
  the proposition before the committee is a vetoed bill (Deschler Ch 23 
  Sec. 9.15) or a resolution of inquiry. 5 Hinds Sec. 5407; 6 Cannon 
  Sec. 415; Manual Sec. 785.

[[Page 567]]

  Sec. 6 . Offering the Motion; Debate and Disposition

                             Generally; Debate

      The motion to table, although customarily made orally from the 
  floor, is subject to a timely demand that it be in writing. Deschler 
  Ch 23 Sec. 10.1.

      Member: Mr. Speaker, I move to lay the ________ [proposition] on 
    the table.

      The motion to table is not debatable. Rule XVI clause 4; 5 Hinds 
  Sec. 5301; 6 Cannon Sec. 412; 8 Cannon Sec. 2465; Deschler Ch 23 
  Sec. 9.6; 102-1, Oct. 16, 1991, p ____. Debate may be permitted by 
  unanimous consent, however (98-2, Oct. 4, 1984, p 30042). And the 
  chairman of a committee reporting a proposition to the House with the 
  recommendation that it be tabled is entitled to recognition for debate 
  before so moving. 6 Cannon Sec. 412.

                           Disposition of Motion

      It has been established that the motion to table:

    May not be amended. 5 Hinds Sec. 5754; 102-1, Oct. 16, 1991, p 
         ____.
    May not be divided for a vote. 5 Hinds Secs. 6138-6140.
    May be reconsidered pursuant to motion. 5 Hinds Sec. 5628, 
         5629, 6288; 8 Cannon Sec. 2785.
    May be repeated after intervening business (5 Hinds Secs. 5398-
         5400), but a call of the House alone is not considered 
         sufficient ``intervening business.'' 5 Hinds Sec. 5401.

  Sec. 7 . Collateral Matters Carried to the Table

      A bill or other proposition may be carried to the table when the 
  House votes to table a proposal that is closely related thereto. Thus, 
  when a proposed amendment to a pending measure is tabled, the pending 
  measure also goes to the table. 5 Hinds Secs. 5423, 5424; 8 Cannon 
  Sec. 2656. This rule is applied even where a Senate amendment to a 
  House bill is tabled. 5 Hinds Sec. 5424. The tabling of a bill has 
  been held to result in the tabling of a pending motion to print the 
  bill. 5 Hinds Sec. 5426. However, the tabling of a proposition will 
  not take to the table those pending motions which are ``entirely 
  independent'' thereof. Thus it has been held that the tabling of a 
  motion to postpone consideration of a Senate amendment does not carry 
  to the table with it pending motions for disposition of the amendment. 
  8 Cannon Sec. 2657. The tabling of a proposal will not result in the 
  tabling of a connected matter

[[Page 568]]

  unless it is directly and intimately related thereto. 8 Cannon 
  Sec. 2658. It has been held, for example, that:

    The tabling of an amendment to the Journal does not carry the 
         Journal to the table. 5 Hinds Secs. 5435, 5436.
    The tabling of a proposition for adverse disposition of a 
         pending matter does not carry to the table the matter proposed 
         to be disposed of. 8 Cannon Sec. 2660.
    The tabling of a motion to reconsider a vote does not carry 
         with it the proposition voted on. 8 Cannon Secs. 2652, 2659.
    A motion to instruct conferees may be tabled without carrying 
         to the table the bill in disagreement. 8 Cannon Sec. 2658.
    The tabling of a resolution providing for the final disposition 
         of an impeachment proceeding does not carry such proceeding to 
         the table with the resolution. 6 Cannon Sec. 538.
    A preamble may be tabled without carrying with it accompanying 
         resolutions already agreed to. 5 Hinds Sec. 5430.
    The tabling of a resolution does not take with it a connected 
         resolution already agreed to. 5 Hinds Sec. 5428.
    The tabling of a motion to receive a petition does not carry 
         the petition with it. 5 Hinds Secs. 5431-5433.
    The tabling of an appeal from a decision of the Speaker on a 
         question of order does not carry with it the matter that was 
         pending when the question of order arose. 5 Hinds Sec. 5434.

      A motion to refer or a motion to recede and concur in a Senate 
  amendment in disagreement may be laid on the table without carrying 
  the pending matter to the table since other motions remain available 
  for disposition of the pending amendment. Manual Sec. 785.


  Sec. 8 . Taking From the Table; Reconsideration

      With the exception of questions of privilege (5 Hinds Secs. 5438, 
  5439), propositions to impeach (3 Hinds Sec. 2049), and bills vetoed 
  by the President (5 Hinds Sec. 5439), a matter once laid on the table 
  can be taken therefrom only by unanimous consent (Deschler Ch 23 
  Secs. 13.1, 13.2) or the motion to suspend the rules (5 Hinds 
  Sec. 6288). Since the motion to take from the table does not enjoy 
  privileged status, a single Member, by demanding that business proceed 
  in regular order, may prevent the consideration of the motion. 5 Hinds 
  Sec. 5381. However, an affirmative vote on a motion to table may be 
  reconsidered pursuant to a timely motion therefor. 5 Hinds Sec. 5628; 
  8 Cannon Sec. 2785. Moreover, a measure that has been tabled by the 
  House may be presented again in similar but not identical form. 4 
  Hinds Sec. 3385.



[[Page 569]]

 
                        MESSAGES BETWEEN THE HOUSES

  Sec. 1. In General; Uses
  Sec. 2. Reception of Messages
  Sec. 3. Messages Relating to Bills
  Sec. 4. Errors; Lost Documents
        Research References
          5 Hinds Secs. 6590-6662
          8 Cannon Secs. 3333-3353
          Manual Secs. 330, 561-569, 882, 883

  Sec. 1 . In General; Uses

      The House of Representatives and the Senate communicate and 
  coordinate their activities by sending formal messages to each other. 
  These messages between the two Houses constitute the sole source of 
  official information regarding actions taken by the other House. 8 
  Cannon Secs. 3342, 3343. The Chair does not take public notice of the 
  proceedings of the Senate unless formally brought to the attention of 
  the House by message from the Senate. 91-1, July 10, 1969, p 19095.
      Messages between the House and Senate are used for a variety of 
  legislative purposes:

     To indicate the final disposition by one House of a bill 
         originating in the other;
     To convey the official papers accompanying bills from one 
         House to the other;
     To transmit the action of one House on an amendment of the 
         other;
     To request the return of bills or amendments;
     To convey information relating to committees of conference and 
         reports relating thereto;
     To transmit information relating to the election of officers 
         and other organizational matters;
     To indicate House or Senate action on vetoed bills;
     To convey information or documents relating to an impeachment 
         proceeding; and
     To dispose of questions regarding a breach of privilege by one 
         House against the other.


[[Page 570]]



      Such messages have also been used on rare occasions to transmit or 
  exchange confidential information between the two Houses. 5 Hinds 
  Sec. 5250.
      The Clerk or one of his subordinates delivers the messages of the 
  House to the Senate. Senate messages are delivered to the House by the 
  Secretary of the Senate or one of his subordinates. 5 Hinds Sec. 6592.


  Sec. 2 . Reception of Messages

      The refusal of one House to receive a message from the other is a 
  breach of the practice of comity between the two Houses. See 91-2, 
  Oct. 14, 1970, p 36675. The reception of a message from the Senate is 
  a highly privileged matter and may interrupt the consideration of a 
  bill, even though the previous question has been ordered thereon. 87-
  1, May 3, 1961, p 7172. Compare 5 Hinds Sec. 6602. Messages are 
  received during debate, the Member having the floor yielding at the 
  request of the Speaker. Manual Sec. 561. Such a message may be 
  received in the absence of a quorum (8 Cannon Sec. 3339) and pending a 
  motion for a call of the House. 90-2, Oct. 8, 1968, p 30091; 95-2, 
  Oct. 14, 1978, p 38711. The Speaker may receive the message even 
  before the approval of the Journal. 89-1, Sept. 13, 1965, p 23607. 
  Messages generally, see Manual Sec. 563.
      A message from the Senate may not be received when the House is in 
  the Committee of the Whole (94-1, Oct. 9, 1975, p 32551), but the 
  Committee may rise formally (or informally) to permit the reception of 
  such messages. 87-1, Mar. 22, 1961, p 4563; 93-2, May 22, 1974, pp 
  16150, 16151; 94-1, Oct. 9, 1975, p 32551.
      Whereas it was formerly the custom to transmit messages only when 
  both Houses were sitting, the present practice permits the reception 
  of messages regardless of whether the other House is in session. 8 
  Cannon Sec. 3338. A new rule of the House now permits the reception by 
  the Clerk of messages from the Senate notwithstanding the recess or 
  adjournment of the House. Rule III clause 5 (Manual Sec. 647b).


  Sec. 3 . Messages Relating to Bills

                                 Generally

      Messages from the Senate concerning House bills with Senate 
  amendments or Senate bills which require action by the Committee of 
  the Whole go to the Speaker's table and may be referred to the 
  appropriate standing committees in the same manner as public bills 
  presented by the Members. Manual Sec. 882. Those which do not require 
  consideration in the Committee of the Whole may be laid before the 
  House for consideration pursuant to

[[Page 571]]

  Rule XXIV clause 2. Manual Sec. 883. See Senate Bills; Amendments 
  Between the Houses.
      Senate messages giving notice of bills passed or approved are 
  entered in the Journal and published in the Record. Manual Sec. 935.

                     Requests for the Return of a Bill

      A message from the Senate requesting that the House return a bill 
  must be presented to the House for consideration. 86-1, Sept. 14, 
  1959, p 19715. A request of the Senate for the return of a bill is 
  treated as privileged in the House (86-1, Sept. 14, 1959, p 19715), 
  and may be disposed of by unanimous consent or by motion. 91-2, Sept. 
  9, 1970, p 30850; 93-1, July 10, 1973, p 23027; 93-2, Apr. 25, 1974, p 
  11881. A request of the Senate for the return of a bill being treated 
  as privileged, the Chair may immediately put the question on the 
  request without debate. 91-2, Dec. 29, 1970, p 43776. The House may by 
  unanimous consent agree to a request of the Senate for the return of a 
  Senate bill even where the bill has been referred to a House 
  committee. 86-2, Jan. 21, 1960, p 1022; 91-1, July 10, 1969, p 19095. 
  A request of the House for return of a bill messaged to the Senate is 
  not privileged where no error is involved, as it cannot be a 
  substitute for reconsideration. (Reconsideration of vote, see 
  Reconsideration).


  Sec. 4 . Errors; Lost Documents

      A proposition to correct an error in a message by one House to the 
  other presents a question of privilege. 3 Hinds Sec. 2613. One House 
  may correct an error in its message to the other, the receiving House 
  concurring in the correction. 5 Hinds Sec. 6607. If the Clerk or 
  Secretary commits an error in delivering a messaged document, he may 
  be directed to correct it. In one instance, where the Secretary of the 
  Senate had delivered only one of two Senate amendments to a House 
  bill, the mistake was not discovered until after the House had 
  disagreed to the Senate amendment. The Senate then directed the 
  Secretary to correct the mistake; the correction was received and the 
  House acted on the two amendments de novo. 5 Hinds Sec. 6590.
      Where an official document intended for delivery to the Senate is 
  lost and cannot be retrieved, the preparation of official duplicates 
  thereof may be provided for pursuant to concurrent resolution. Such 
  resolutions are privileged for consideration. In such cases the Clerk 
  attests to the authenticity of an existing printed copy or duplicate 
  original. See 102-2, Oct. 5, 1992, p ____, and H. Con. Res. 376.



[[Page 573]]

 
                           MISCONDUCT; SANCTIONS

              A. Introductory

  Sec.  1. In General
  Sec.  2. Committee on Standards of Official Conduct
  Sec.  3. -- Membership; Eligibility for Committee Service; 
  Disqualification
  Sec.  4. -- Publications; Advisory Opinions
  Sec.  5. Initiating an Investigation; Complaints
  Sec.  6. Persons Subject to Disciplinary Procedures

              B. Basis for Imposing Sanctions

  Sec.  7. In General; The Code of Official Conduct
  Sec.  8. Code of Ethics for Government Service
  Sec.  9. Violations of Statutes
  Sec. 10. Misuse of Hiring Allowance; False Claims
  Sec. 11. Discrimination in Employment
  Sec. 12. Campaign Fund Irregularities
  Sec. 13. Solicitation of Contributions From Government Employees
  Sec. 14. Limitations on Earned Income; Honoraria
  Sec. 15. Acceptance of Gifts
  Sec. 16. Financial Disclosure
  Sec. 17. Professional Practice Restrictions
  Sec. 18. Acts Committed in Prior Congress or Before Becoming a Member

              C. Nature and Forms of Disciplinary Measures

  Sec. 19. In General
  Sec. 20. Expulsion
  Sec. 21. -- Procedure; Resolutions of Expulsion
  Sec. 22. Censure; Reprimand
  Sec. 23. -- Grounds; Particular Conduct
  Sec. 24. -- Censure Resolutions
  Sec. 25. Fines; Restitution of Funds
  Sec. 26. Deprivation of Status; Caucus Rules
        Research References
          2 Hinds Secs. 1236-1289

[[Page 574]]

          6 Cannon Secs. 236-239
          3 Deschler Ch 12 Secs. 12-18
          U.S. Const. art. I Sec. 5 clause 2; Sec. 6 clause 1
          Manual Secs. 62, 698, 726, 939
          House Ethics Manual, 102-2, April 1992


                              A. Introductory


  Sec. 1 . In General

                  Authority; Definitions and Distinctions

      The authority of the House to discipline its Members flows from 
  the Constitution. It provides that each House may ``punish its Members 
  for disorderly Behaviour, and, with the concurrence of two thirds, 
  expel a Member.'' U.S. Const. art. I Sec. 5 clause 2.
      The primary disciplinary measures that may be invoked by the House 
  against one of its Members include: (1) expulsion, (2) censure (3) 
  reprimand, (4) fine or other economic sanction, and (5) deprivation of 
  seniority or committee status. See Secs. 19 et seq., infra. These 
  remedies are not mutually exclusive. In a given case, a Member may be 
  censured and fined, and deprived of his seniority as well. Deschler Ch 
  12 Sec. 12.1. Imprisonment of a Member is a form of punishment that is 
  theoretically within the power of the House to impose, but such action 
  has never been taken by the House. Deschler Ch 12 Sec. 12. The 
  disciplinary measures referred to herein are separate and distinct 
  from the sanctions of fine or imprisonment that may be available under 
  a criminal statute at the state or federal level. See Sec. 9, infra.

                          Exclusion Distinguished

      The power of exclusion springs from Congress' right to determine 
  the qualifications of its Members, whereas the power of expulsion 
  stems from its authority to discipline Members for misconduct. This 
  distinction has not always been recognized. In 1870, a Member was 
  excluded from the 41st Congress on the ground that he had sold 
  appointments to the Military Academy. 1 Hinds Sec. 464. In 1967, after 
  an investigating committee recommended that a Member (Adam Clayton 
  Powell) be fined and censured for improperly maintaining his wife on 
  the clerk-hire payroll and for improper use of public funds for 
  private purposes (H. Rept. No. 90-27), the House voted to impose a 
  stronger penalty--to exclude him by denying him his seat. Deschler Ch 
  12 Secs. 14.1, 16.1. However, the U.S. Supreme Court determined that 
  exclusion is not a sanction to be invoked in cases involving the 
  misconduct of Members. It is available only for failure to meet the 
  constitutional qualifica-

[[Page 575]]

  tions of Members as to age, citizenship, and inhabitancy. Powell v 
  McCormack, 395 US 486 (1969).


  Sec. 2 . Committee on Standards of Official Conduct

                                 Generally

      Prior to the 90th Congress, select temporary committees were 
  ordinarily created to consider allegations of improper conduct against 
  Members, and to recommend such disciplinary measures as might be 
  appropriate. Deschler Ch 12 Sec. 2. In the 90th Congress, the 
  Committee on Standards of Official Conduct was made a standing 
  committee of the House (H. Res. 418, Apr. 13, 1967). It was given the 
  right to report as privileged resolutions recommending action by the 
  House with respect to the official conduct of any Member, officer, or 
  employee of the House. See Rule XI clause 4(a). Manual Sec. 726.

                         Legislative Jurisdiction

      The Standards Committee has legislative jurisdiction over measures 
  relating to the Code of Official Conduct. Rule X clause 1(p). Manual 
  Sec. 685. Such measures are not privileged for immediate consideration 
  when reported by that committee, but may be considered in the House 
  pursuant to a special order from the Committee on Rules. 94-1, Apr. 
  16, 1975, p 10339 (H. Res. 396).

          Investigative Jurisdiction; Recommendations and Reports

      Pursuant to Rule X, the Standards Committee is authorized to 
  conduct investigations, hold hearings, and is to report any findings 
  and recommendations to the House. Clause 4(e). Manual Sec. 698. This 
  committee has the additional function of conducting investigations and 
  making the reports and recommendations required by House resolutions 
  authorizing specific investigations. On occasions where the House has 
  directed the committee to conduct specific investigations by separate 
  resolution, it has authorized the committee to take depositions, to 
  serve subpenas within or without the United States, to participate by 
  special counsel in relevant judicial proceedings (see H. Res. 252, 
  Feb. 9, 1977; H. Res. 608, Mar. 27, 1980), and to investigate, with 
  expanded subpena authority, persons other than Members, officers, and 
  employees (see H. Res. 1054, Mar. 3, 1976).

[[Page 576]]

      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 (99-1, 
         July 10, 1985, p 18397);
     To review GAO audits of the operations of the ``bank'' in the 
         Office of the Sergeant-at-Arms (102-1, Oct. 3, 1991, p ____);
     To disclose the names and pertinent account information of 
         Members found to have abused the privileges of the ``House 
         bank'' (102-2, Mar. 12, 1992, p ____); and
     To investigate violations of confidentiality by staff engaged 
         in the investigation of the operation and management of the 
         Office of the Postmaster (102-2, July 22, 1992, p ____).

      Under Sec. 803 of the Ethics Reform Act of 1989, and effective 
  Jan. 3, 1991, the Standards Committee is directed to adopt rules 
  governing its proceedings that separate the investigative and 
  adjudicative functions within the existing committee structure. An 
  investigative subcommittee is established whenever the committee votes 
  to undertake a preliminary inquiry. If the investigative panel issues 
  a Statement of Alleged Violation, a subcommittee on adjudication, 
  consisting of the remaining members of the full committee, is then 
  constituted to hear the evidence. The findings of the adjudicatory 
  panel are reported to the full committee which then decides what 
  recommendation or sanctions, if any, to submit to the House. The Act 
  also amends Rule X clause 4(e)(1) to provide that any letter of 
  reproval or other administrative action of the committee may only be 
  implemented as a part of its report to the House, and to require the 
  committee to report to the House on the final disposition of any case 
  it has voted to investigate.


  Sec. 3 . -- Membership; Eligibility for Committee Service; 
            Disqualification

      The Committee on Standards of Official Conduct, unlike other 
  standing committees of the House (where the majority party has a 
  preponderance of the elected membership), is constituted of equal 
  numbers of members from the majority and minority parties. Rule X 
  clause 6(a)(2). Service on the committee is also limited so no Member 
  can serve for more than three Congresses in any 10-year period. Manual 
  Sec. 701a.
      The rules provide that a member of the Standards Committee shall 
  be ineligible to participate in a committee proceeding relating to his 
  or her own conduct. Rule X clause 4(e)(2)(D). Under this rule, where 
  it was contended that four members of the committee were ineligible to 
  adjudicate a complaint because of their personal involvement in the 
  conduct alleged in the

[[Page 577]]

  complaint, the Speaker named four other Members to act as members of 
  the committee in all proceedings on the complaint in the same 
  political party ratio represented by the party affiliation of the four 
  ineligible members. 94-1, Sept. 11, 1975, p 28600.
      The rules permit a member of the committee to disqualify himself 
  from participation in any committee investigation in which he 
  certifies that he could not render an impartial decision, and 
  authorize the Speaker to appoint a replacement for that investigation. 
  See Rule X clause 4(e)(2)(E). Under this rule, where a member of the 
  committee submits an affidavit of disqualification in a disciplinary 
  investigation of another Member (96-2, Mar. 18, 1980, p 5752), or 
  where a member of the committee is himself the subject of an ethics 
  inquiry and has notified the Speaker of his ineligibility (96-2, Feb. 
  5, 1980, p 1908), the Speaker may appoint another Member to serve on 
  the committee during the investigation.


  Sec. 4 . -- Publications; Advisory Opinions

      The Committee on Standards of Official Conduct is authorized to 
  issue and publish advisory opinions with respect to the general 
  propriety of any current or proposed conduct. Rule X clause 4(e). The 
  advisory opinions issued by the committee include:

     No. 1--On the role of a Member in communicating with federal 
         agencies
     No. 2--On the subject of a Member's clerk-hire
     No. 3--On foreign travel at the expense of foreign governments 
         (superseded, 1981)
     No. 4--On the propriety of accepting nonpaid transportation 
         (superseded, 1981)
     No. 5--General interpretation of House Rule XLIII clause 11 as 
         to unauthorized use of congressional letterhead
     No. 6--Interpretation of House Rule XLIII clause 6 and House 
         Rule XLV, as to the use of campaign funds to promote a town 
         meeting

      The Select Committee on Ethics, which was established during the 
  95th Congress, and was the precursor of the present standing 
  committee, was authorized to issue advisory opinions respecting the 
  application of Rules XLIII through XLVII. 95-1, May 18, 1977, p 15449. 
  The advisory opinions included:

     No. 1--Effective date of House Rule XLVI clause 4, relating to 
         the use of private funds for mass mailings
     No. 2--Applicability of House Rule XLIII clause 4, to 
         reimbursement or payment of expenses associated with 
         conference, meeting, or similar event

[[Page 578]]

     No. 3--Applicability of House Rule XLIII clause 4, to 
         acceptance of free transportation on inaugural flights
     No. 4--Solicitation of cash gifts of less than $100 for 
         personal use through mass mailings
     No. 5--Use of campaign funds to pay for official expenses 
         incurred prior to Mar. 3, 1977
     No. 6--Acceptance of in-kind services for official purposes
     No. 7--Definition of a gift for purposes of House Rule XLIII 
         clause 4
     No. 8--Applicability of House Rule XLIII clause 4 to 
         acceptance of necessary expenses paid by an organization in 
         connection with a fact-finding event
     No. 9--Definition of an indirect gift for purposes of House 
         Rule XLIII clause 4
     No. 10--Who has a direct interest in legislation before 
         Congress
     No. 11--Acceptance of proceeds from an independently sponsored 
         fund-raising event for a Member's unrestricted personal use
     No. 12--Application and interpretation of House Rule XLIV 
         (financial disclosure)
     No. 13--Interpretation of House Rule XLVII (outside earned 
         income).

      The Standards Committee also publishes the House Ethics Manual, 
  102-2, April 1992. Advisory opinions issued by the committee may be 
  found in this publication. Advisory opinions Nos. 1-4 are published in 
  Deschler Ch 12, Appendix. See also Historical Summary of Conduct Cases 
  in the House of Representatives (Committee on Standards of Official 
  Conduct, April 1992).
      In accordance with the Ethics Reform Act of 1989, the committee 
  has established an Office of Advice and Education, whose primary 
  responsibility is to provide information and guidance to Members, 
  officers, and employees regarding all standards of conduct which apply 
  to them. Sec. 803.


  Sec. 5 . Initiating an Investigation; Complaints

                                 Generally

      In addition to investigations directed by House resolution, called 
  up as a question of the privileges of the House, an investigation of 
  particular conduct also may be initiated by the Standards Committee, 
  if approved by a majority vote of the members of that committee. An 
  investigation may also be initiated pursuant to a complaint filed with 
  the committee by a Member, or, where at least three Members have 
  declined in writing to transmit a complaint, by an individual not a 
  Member. Rule X clause 4(e)(2). Manual Sec. 698. An investigation of 
  particular conduct may also be initiated pursuant to House adoption of 
  a resolution reported from the Committee on Rules (see, e.g., H. Res. 
  608, Mar. 27, 1980, Abscam investigation). In 1988, a Mem-

[[Page 579]]

  ber introduced a resolution directing the Standards Committee to 
  investigate a possible unauthorized disclosure of classified 
  information by the Speaker in violation of House rules, which was 
  referred to the Committee on Rules. 100-2, Sept. 30, 1988, p 27329.

                 Complaint Formalities; Unfounded Charges

      Complaints filed with the committee must comply with the 
  requirements of Rule X clause 4(e)(2)(B) and must be in writing and 
  under oath. Manual Sec. 698. Each complaint received by the committee 
  is examined to determine whether it complies with that rule. 
  Complaints that are not in compliance are returned. Those that comply 
  with the rule are considered by the committee for appropriate 
  disposition. See, for example, H. Rept. No. 99-1019.
      A Member who has presented false charges against another Member 
  has himself become the subject of a select committee investigation and 
  report. In 1908, the House adopted a resolution approving a select 
  committee report finding a Member in contempt and in violation of his 
  obligations as a Member where he had presented false charges of 
  corruption against another Member. 6 Cannon Sec. 400.

                            Disclosure; Debate

      The rules require a vote of the Standards Committee to authorize 
  the public disclosure of the content of a complaint or the fact of its 
  filing. Rule X clause 4(e)(2)(F). References in floor debate to the 
  content of a complaint or the fact of its filing are governed by the 
  rules of decorum in debate under Rule XIV clause 1. The mere fact that 
  a complaint has been filed does not open up its allegations to debate 
  on the floor. Members should refrain from references in debate to the 
  ethical conduct of other Members where such conduct is not under 
  consideration in the House by way of a report of the committee or a 
  question of the privilege of the House. 100-2, July 6, 1988, p 16630; 
  101-2, July 24, 1990, p ____; 102-2, Mar. 19, 1992, p ____; 104-1, May 
  25, 1995, p ____. Members should also refrain from references in 
  debate to the motivations of Members who file complaints before the 
  Standards Committee. Debate may not include critical characterizations 
  of members of the committee. 102-2, Apr. 1, 1992, p ____; 104-1, Mar. 
  3, 1995, p ____. In 1988, where several Members had improperly engaged 
  in personalities during debate by references to the Speaker and to a 
  Member who had filed a complaint regarding the Speaker's official 
  conduct, the Chair announced to the House that Members should not 
  engage in such debate. 100-2, June 15, 1988, p 14623.

[[Page 580]]

  Sec. 6 . Persons Subject to Disciplinary Procedures

      The investigative authority that is given under the rules to the 
  Committee on Standards of Official Conduct over alleged violations 
  extends to any ``Member, officer, or employee'' of the House. Rule X 
  clause 4(e)(1). Manual Sec. 698. Even the Speaker is subject to the 
  investigative authority of this committee. Report of the Special 
  Outside Counsel in the Matter of Speaker James C. Wright, Jr., 
  Committee on Standards of Official Conduct, Feb. 21, 1989. A Delegate 
  is as subject to censure for misconduct as any Member. 2 Hinds 
  Sec. 1305. With respect to violations by House officers or employees, 
  the rules of the Standards Committee authorize it to recommend to the 
  House dismissal from employment, fine, or any other sanction 
  determined by the committee to be appropriate. Rule 20, Rules of 
  Procedure, Committee on Standards of Official Conduct, 1993.
      On one occasion, the House, by adopting a resolution presented as 
  a question of privilege (dealing with the unauthorized disclosure of a 
  House report), authorized the Committee on Standards of Official 
  Conduct to investigate persons not associated with the House. The 
  House considered it necessary to enlarge the subpena authority of the 
  committee to carry out this investigation. H. Res. 1042, H. Res. 1054, 
  94th Cong. Private citizens have been censured or reprimanded by the 
  Speaker at the bar of the House for attempting to bribe a Member (2 
  Hinds Sec. 1606) or for assaulting a Member (2 Hinds Secs. 1616-1619, 
  1625; 6 Cannon Sec. 333).


                      B. Basis for Imposing Sanctions


  Sec. 7 . In General; The Code of Official Conduct

                                 Generally

      Prior to the 90th Congress, there was no House rule setting forth 
  a formal code of conduct for Representatives. However, in 1968, the 
  rules of the House were amended to establish, as new Rule XLIII, a 
  Code of Official Conduct for Members and employees of the House. The 
  code contains provisions governing the receipt of compensation, gifts, 
  and honorariums, as well as the use of campaign funds; it proscribes 
  discrimination in employment and bars certain ``non-House'' uses of 
  House stationery. Rule XLIII, which was extensively amended by the 
  Ethics Reform Act of 1989 and most recently by rules adopted in the 
  104th Congress (H. Res. 6, 104-1, Jan. 4, 1995, p ____). Manual 
  Sec. 939.

[[Page 581]]

                 Conduct Reflecting Discredit on the House

      Disciplinary measures may be invoked against a Member, officer, or 
  employee on the ground that he has violated clause 1 of the Code of 
  Official Conduct (Rule XLIII). It requires that they conduct 
  themselves ``at all times'' in a manner that reflects ``creditably'' 
  on the House. Manual Sec. 939. In the 95th Congress, in connection 
  with the Korean influence investigation, the Standards Committee 
  recommended that disciplinary measures be taken against three Members 
  for conduct that violated clause 1 of the Code. Included among the 
  alleged statutory violations cited as a basis for invoking clause 1 
  were failure to report campaign contributions (H. Rept. No. 95-1742) 
  and perjury (H. Rept. No. 95-1743). These three Members were 
  officially reprimanded by the House in 1978. 95-2, Oct. 13, 1978, pp 
  36976, 37005, 37009.
      Two years later, this general standard of clause 1 was again used 
  as a basis for invoking several disciplinary proceedings. A Member of 
  the 96th Congress was expelled by the House for his conviction by a 
  jury on bribery charges. 96-2, Oct. 2, 1980, pp 28953 et seq. This 
  action was based on the finding that he ``took money in return for 
  promising to use [his] influence'' and that he thereby ``acted 
  corruptly,'' in violation of law and clauses 1 through 3 of House Rule 
  XLIII. H. Rept. No. 96-1387, In re Myers. See also H. Rept. No. 96-
  1537 (In re Jenrette). This was the first exercise of the power to 
  expel in over a century.
      A Member of the House was censured in the 96th Congress by a 
  unanimous vote and was required to make restitution of monies in the 
  amount which he had personally benefited in his misuse of the 
  congressional clerk-hire allowance. 96-1, July 31, 1979, pp 21584 et 
  seq. This was the first censure of a Member in over 50 years. The 
  Standards Committee in recommending such discipline noted that the 
  Member had admitted to misusing the clerk-hire allowance to his own 
  unjust enrichment in violation of a House rule, and that such conduct 
  reflected discredit on the House in violation of clause 1 of House 
  Rule XLIII. In recommending censure, the Committee considered the 
  Member's admission of guilt, his apology to the House, and his 
  agreement to make restitution. H. Rept. No. 96-351, In re Diggs. See 
  also H. Rept. No. 96-856, In re Flood; this case terminated with the 
  Member's resignation.
      In the 98th Congress, two Members were found to have engaged in 
  sexual relationships with pages employed by the House. Again citing 
  Rule XLIII clause 1, the committee recommended that both Members be 
  reprimanded. H. Rept. No. 98-295, In re Studds; H. Rept. No. 98-296, 
  In re

[[Page 582]]

  Crane. The House voted to censure, rather than reprimand, both 
  Members. 98-1, July 20, 1983, pp 20030-37.

            Adhering to the ``Spirit and Letter'' of the Rules

      Clause 2 of the Code of Official Conduct provides that a Member, 
  officer, or employee of the House must ``adhere to the spirit and the 
  letter'' of the rules of the House and to the rules of its committees. 
  Rule XLIII. Manual Sec. 939. This rule has been interpreted to mean 
  that a Member or employee may not do indirectly what the Member or 
  employee would be barred from doing directly. See Advisory Opinion No. 
  4, Apr. 6, 1977, of the Select Committee on Ethics, 95th Cong. In 
  1988, the Standards Committee concluded that a Member's acceptance of 
  an illegal gratuity on three occasions constituted actions which 
  discredited the House as an institution in violation of House Rule 
  XLIII clause 1, and, having violated the ``spirit'' of clause 1, he 
  also violated House Rule XLIII clause 2. H. Rept. No. 100-506 (In re 
  Biaggi). While purposeful violation of any rule of the House could 
  potentially be considered an infraction under this clause of Rule 
  XLIII, the Standards Committee has issued advisory opinions touching 
  on some of the rules which specifically pertain to Members' conduct. 
  In addition to the restrictions contained in the Code of Conduct, 
  Rules XLIV (Financial Disclosure), XLV (Prohibition on Unofficial 
  Office Accounts), XLVI (Limitations on Use of the Frank), XLVII 
  (Limitations of Outside Employment and Earned Income) have been 
  addressed by the committee in its Ethics Manual.


  Sec. 8 . Code of Ethics for Government Service

      A Code of Ethics to be adhered to by all government employees, 
  including office holders, was adopted by concurrent resolution in 
  1958. 72 Stat. pt. 2, B12, July 11, 1958. H. Con. Res. 175, 85-2. This 
  code requires that any person in government service should, among 
  other things, give a full day's labor for a full day's pay; never 
  accept favors or benefits under circumstances which ``might be 
  construed by reasonable persons as influencing the performance of his 
  governmental duties;'' engage in no business with the government, 
  either directly or indirectly, which is inconsistent with the 
  conscientious performance of his governmental duties; and never use 
  any information coming to him confidentially in the performance of 
  governmental duties as a means of making a private profit.
      The Standards Committee has indicated that the Code of Ethics is 
  an expression of traditional standards of conduct which continues to 
  be applicable, even though the code was enacted merely in the form of 
  a concurrent

[[Page 583]]

  resolution. The Committee has pointed out that although the resolution 
  may have expired with the adjournment of the Congress in which it was 
  adopted, the principles of conduct for government officials expressed 
  therein did not. H. Rept. No. 94-1364 (In re Sikes).
      The ethical standards of this code have provided the basis for 
  disciplinary proceedings against Members. See H. Rept. No. 100-506 (In 
  re Biaggi). In one instance, charges concerning the use of a Member's 
  official position for pecuniary gain were heard by the committee. The 
  committee found that the Member had failed to report his ownership of 
  certain stock, and that he bought stock in a bank following active 
  efforts in his official capacity to obtain a charter for the bank. H. 
  Rept. No. 94-1364 (In re Sikes). These charges resulted in a reprimand 
  of the Member. 94-2, July 29, 1976, p 24380.


  Sec. 9 . Violations of Statutes

                                 Generally

      The Members of Congress, unless immunized by the Speech or Debate 
  Clause of the Constitution (Manual Sec. 93), are subject to the same 
  penalties under the criminal laws as are all citizens. Deschler Ch 12 
  Sec. 3. Indeed, the Members are specifically or impliedly referred to 
  in a number of statutes which impose criminal or civil penalties for 
  particular forms of misconduct, and the violation of such a statute 
  may be considered by the Standards Committee in recommending 
  disciplinary actions to the House. Thus, in 1988, a Member's 
  conviction under 18 USC Sec. 201g of accepting an illegal gratuity was 
  cited as one of the grounds for the committee's recommendation that 
  the Member be expelled. H. Rept. No. 100-506 (In re Biaggi).
      Any disciplinary measure which the House invokes against a Member 
  for violation of such a statute is separate and distinct from 
  sanctions which may be sought by law enforcement authorities at the 
  state or federal level. Criminal prosecution may precede or follow 
  committee investigation or House censure for the same offense. See 
  U.S. v Diggs, 613 F2d 788 (D.C. Cir. 1979), and 96-1, July 31, 1979, 
  pp 21584-92. In this regard, the House rules authorize the Committee 
  on Standards of Official Conduct to report to the appropriate federal 
  or state authorities, with the approval of the House, any substantial 
  evidence of a violation of an applicable law by a Member, officer, or 
  employee of the House, which may have been disclosed in a committee 
  investigation. Rule X clause 4(e)(1). Manual Sec. 698.

[[Page 584]]

                 Conviction as Basis for Committee Action

      A rule of the Standards Committee provides that if a Member, 
  officer, or employee is convicted of a criminal offense for which a 
  sentence of at least one year may be imposed, the committee must 
  conduct a preliminary inquiry to review the evidence of such offense 
  and to determine whether it constitutes a violation over which the 
  committee is given jurisdiction. If the committee determines that an 
  offense was committed over which it has jurisdiction, the committee 
  must hold a disciplinary hearing for the sole purpose of determining 
  what action to recommend to the House respecting such offense. Comm. 
  Rule 16, adopted in 1993.
      The committee may review evidence presented at the Member's trial, 
  including the trial transcript, transcripts of recorded phone 
  conversations and oral intercepts. H. Rept. No. 100-506 (In re 
  Biaggi).
      In 1980, charges involving alleged bribes of Members of Congress 
  (Abscam) led to investigations by both the Standards Committee and the 
  Department of Justice. 96-2, Feb. 4, 1980, p 1611. The committee was 
  authorized to conduct an inquiry into such alleged improper conduct, 
  to coordinate its investigation with the Justice Department, to enter 
  into agreements with the Justice Department, and to participate, by 
  special counsel, in any judicial proceeding concerning or relating to 
  the inquiry. 96-2, Mar. 27, 1980, pp 6995-6998 [H. Res. 608]. For a 
  similar resolution on the same subject, see H. Res. 67, Mar. 4, 1981.
      The ensuing disciplinary actions were based on bribery convictions 
  or findings as to the receipt of money by a Member for exercising his 
  influence in the House. These actions resulted in the expulsion of one 
  Member (see H. Rept. No. 96-1387, In re Myers) and the initiation of 
  disciplinary proceedings against other Members which were mooted 
  because of their resignations. (See H. Rept. No. 96-856, In re Flood; 
  H. Rept. No. 96-1537, In re Jenrette; H. Rept. No. 97-110, In re 
  Lederer.)
      In 1988, a Member's conviction under 18 USC Sec. 201 of accepting 
  an illegal gratuity, the Member having interceded to further the 
  interests of a company doing business with the U.S. Navy, was cited as 
  one of the grounds for the committee's recommendation that the Member 
  be expelled. H. Rept. No. 100-506 (In re Biaggi).


  Sec. 10 . Misuse of Hiring Allowance; False Claims

      The House rules prohibit a Member from retaining anyone under his 
  payroll authority who does not perform duties commensurate with the 
  compensation he receives. Rule XLIII clause 8, as amended by the 
  Ethics Reform Act of 1989, Sec. 802. Closely related to this rule is 
  the False Claims

[[Page 585]]

  Act (31 USC Sec. 3729) which imposes liability on persons making 
  claims against the government knowing such claims to be false or 
  fraudulent. See also 18 USC Sec. 287 (criminal penalties for false 
  claims). Because a Member must formally authorize salary payments to 
  his aides, he may be found to have violated federal law if he knows 
  that such payments are being made to an aide who is not doing official 
  work commensurate with such pay, or if he is drawing on clerk-hire 
  funds to meet his own personal or congressional expenses. See U.S. v 
  Diggs, 613 F2d 988 (D.C. Cir. 1979), cert. denied, 446 U.S. 982 
  (1980). The False Claims Act is applicable where a Member submits 
  false travel vouchers to the Clerk of the House. See U.S. ex rel. 
  Hollander v Clay, 420 F Supp 853 (D.D.C. 1976). Liability under the 
  Act likewise arises where a Member has falsely certified certain long 
  distance phone calls as being official calls in order to obtain 
  reimbursement for them. U.S. v Eilberg, 507 F Supp 267 (E.D.Pa. 1980).


  Sec. 11 . Discrimination in Employment

      Clause 9 of the Code of Official Conduct contains provisions 
  barring discrimination against any individual with respect to 
  compensation or other conditions of employment because of such 
  individual's race, color, religion, sex, handicap, age, or national 
  origin. Rule XLIII. Manual Sec. 939. The Standards Committee has 
  concluded that sexual harassment is a form of discrimination in 
  employment that is prohibited by clause 9, and in one case it issued a 
  letter of reproval to a Member for his conduct in interacting with two 
  female employees on his staff. H. Rept. No. 101-293, 1989 (In re 
  Bates).
      In 1993, the House adopted Rule LI, reiterating the prohibition in 
  clause 9 against discrimination in employment practices and 
  establishing grievance procedures for consideration of alleged 
  violations. Such procedures include (1) counseling and mediation; (2) 
  formal complaint, hearing, and review by an Office of Fair Employment 
  Practices; and (3) final review by a Review Panel. Manual Sec. 946a.


  Sec. 12 . Campaign Fund Irregularities

      Members of the House are governed by many restrictions and 
  regulations concerning the use of campaign funds, and must comply with 
  various campaign finance procedures. These requirements are found 
  primarily in the Federal Election Campaign Act of 1971. 2 USC 
  Secs. 431 et seq. Under this statute, the Federal Election Commission 
  has been established as an independent regulatory agency with 
  jurisdiction over federal campaign finance practices. 2 USC 
  Secs. 437c-438.

[[Page 586]]

      The House rules require that Members use campaign funds solely for 
  campaign purposes, and specifically prohibit the use of campaign funds 
  for personal use. The rules also provide that any proceeds from 
  testimonials or other fund-raising events are to be treated by Members 
  as campaign contributions. Members must keep campaign funds separate 
  from personal funds and they may not convert campaign funds to 
  personal use except for reimbursement for legitimate, verifiable prior 
  campaign expenses, and may not expend campaign funds for other than 
  bona fide campaign or political purposes. Rule XLIII clauses 6, 7. 
  While compaign funds may be invested, when a candidate borrows money 
  from his own campaign a presumption is raised that he is receiving a 
  personal benefit--i.e., the use of the money. The committee has taken 
  the position that any use of campaign funds which personally benefits 
  the Member rather than exclusively and solely benefiting the campaign 
  is not a ``bona fide campaign purpose.'' H. Rept. No. 99-933; H. Rept. 
  No. 100-526.
      On several occasions in the 1980's, the Committee on Standards of 
  Official Conduct investigated Members for transferring campaign funds 
  to personal accounts or borrowing from their campaign funds. The 
  committee found violations of Rule XLIII clause 6 in each case, and 
  issued separate reports condemning the practice. See for example H. 
  Rept. No. 96-930, 96th Cong. 2d Sess. (1980); H. Rept. No. 99-933, 
  99th Cong. 2d Sess. (1986).
      In the 95th Congress, the House adopted a report (H. Rept. No. 95-
  1742) of the Standards Committee recommending the reprimand of a 
  Member for his failure to report a campaign contribution. 95-2, Oct. 
  13, 1978, p 37005 (McFall). Another Member was reprimanded in the same 
  Congress on the basis of a report of the committee (H. Rept. No. 95-
  1743) finding that he had (1) received a campaign contribution and 
  failed to report it as required by law, (2) converted a campaign 
  contribution to personal use, and (3) testified falsely to the 
  committee under oath. 95-2, Oct. 13, 1978, p 37009 (Roybal).


  Sec. 13 . Solicitation of Contributions From Government Employees

      A federal statute prohibits Members of Congress (and candidates 
  for Congress) from soliciting political contributions from employees 
  of the House as well as other federal government employees. 18 USC 
  Sec. 602. Under this statute, it must actually be known that the 
  person who is being solicited is a federal employee. Inadvertent 
  solicitations to persons on a mailing list during a general fund-
  raising campaign are not prohibited. H. Rept. No. 96-422. Since the 
  statute by its terms is directed at protecting ``employees'' it does 
  not prevent one Member from soliciting another Member. See 6 Can-

[[Page 587]]

  non Sec. 401 (in which the House adopted a resolution construing the 
  predecessor statute).
      In 1985, the Standards Committee initiated a preliminary 
  investigation into charges that a ``Dear Colleague'' letter had been 
  used to solicit Members' staffs in House office buildings. However, 
  the committee took the view that the statute was directed against 
  coercive activities--that is, political ``shakedowns''--and concluded 
  that, in the absence of any evidence of ``victimization''--i.e., 
  coercion of congressional staff--the solicitations were not precluded 
  by that law. H. Rept. No. 99-177. The committee concluded, however, 
  that neither staff (paid or volunteer) while on official time, nor 
  federal office space at any time, should be used to prepare or 
  distribute material involving solicitations of political 
  contributions. See also H. Rept. No. 99-1019.


  Sec. 14 . Limitations on Earned Income; Honoraria

      A House rule places restrictions upon the amount of outside-earned 
  income a Member or officer or employee may receive. This provision 
  limits the amount of aggregate outside-earned income in a calendar 
  year to a certain percentage of one's yearly congressional salary. 
  Rule XLVII clause 1. Excluded from this limitation is income from 
  certain sources, such as royalties from established publishers. Clause 
  3(e). The limitation applies to earned income for personal services, 
  rather than monies that are essentially a return on equity; in this 
  regard, the facts of a particular case will be regarded as 
  controlling, and not how such monies are characterized. Advisory 
  Opinion No. 13, House Select Committee on Ethics, 95th Cong.
      A restriction against honoraria is imposed by Rule XLIII clause 5 
  and Rule XLVII clause 1. In 1989, special outside counsel concluded 
  that Speaker Wright had retained excessive honoraria and other outside 
  income, styled as ``royalties,'' which he accepted from special 
  interest groups from the sale of his book. Report of the Special 
  Outside Counsel in the Matter of Speaker James C. Wright, Jr., 
  Committee on Standards of Official Conduct, Feb. 21, 1989, p 3. In 
  1995, Rule XLVII was amended by adding a new clause 3 to restrict 
  advance payment on copyright royalties and requiring advance Standards 
  Committee approval of usual and customary contractual terms (H. Res. 
  299, Dec. 22, 1995).


  Sec. 15 . Acceptance of Gifts

      The House rules have included a gift ban since 1968. In 1995, the 
  House adopted new Rule LII, which bars the acceptance of all gifts 
  except those expressly permitted by the rule. (See H. Res. 250, Nov. 
  16, 1995, p

[[Page 588]]

  XX.) The House Standards Committee in the 96th Congress recommended 
  that the House censure a Member for misconduct which included the 
  acceptance of gifts of money from a person with a ``direct interest in 
  legislation'' before Congress. The committee determined that certain 
  checks which had been marked ``loans'' were not in fact true loans. H. 
  Rept. No. 96-930, In re Wilson. On the basis of this and other 
  violations, the House, after rejecting a motion to recommit that would 
  have permitted a reprimand, voted to censure. 96-2, June 10, 1980, pp 
  13801-20. In 1988, the committee concluded that a Member's acceptance 
  of illegal gratuities in trips to St. Maarten and Florida established 
  per se violations of the gift rule since those events, both 
  individually and in the aggregate, far exceeded the $100 limit then 
  imposed by Rule XLIII clause 4. H. Rept. No. 100-506 (In re Biaggi).
      In 1977, the Standards Committee was empowered to investigate the 
  alleged receipt by Members of ``things of value'' from the Korean 
  government. 95-1, Feb. 9, 1977, pp 3966-68. Subsequently, the House 
  adopted a committee report (H. Rept. No. 95-1741), recommending the 
  reprimand of a Member on the basis of the committee's finding that he 
  had failed to disclose, in a questionnaire sent to all Members by the 
  committee, his receipt of currency and valuables worth more than $100 
  from representatives of Korea. 95-2, Oct. 13, 1978, p 36976 [H. Res. 
  1414, In re Wilson].


  Sec. 16 . Financial Disclosure

      Title I of the Ethics in Government Act of 1978 (EIGA) requires 
  Members, officers, and certain employees of the House to file an 
  annual Financial Disclosure Statement. 5 USC App 6 Secs. 101-111. This 
  law, which is incorporated into House Rule XLIV (Manual Sec. 940), was 
  intended to regulate and monitor possible conflicts of interest due to 
  outside financial holdings. H. Doc. No. 95-73 (1977), Commission on 
  Administrative Review, pp 9 et seq.
      The House has had a disclosure rule since 1968. In the 94th 
  Congress, the House reprimanded a Member for certain conduct occurring 
  during prior Congresses which included failure to make proper 
  financial disclosures. 94-2, July 29, 1976, p 34380 (Sikes). In 1988, 
  the House Standards Committee concluded that a Member had accepted 
  certain gifts that were subject to mandatory disclosure under EIGA. H. 
  Rept. No. 100-506 (In re Biaggi).


  Sec. 17 . Professional Practice Restrictions

      Members are subject to various restrictions relating to their 
  professional affiliations while serving in the House. Thus, Members 
  are prohibited from receiving compensation for legal services before 
  agencies of the federal gov-

[[Page 589]]

  ernment. 18 USC Sec. 205. See also House Rule XLVII clause 2. Under 
  this rule, Members, officers, and certain senior employees may not:

     Receive compensation from affiliation with a firm providing 
         professional services for compensation which involve a 
         fiduciary relationship.
     Permit their name to be used by any such firm or other entity.
     Practice a profession for compensation which involves a 
         fiduciary relationship.
     Serve for compensation on the board of directors of any 
         association, corporation, or other entity.
     Receive compensation for teaching without prior notification 
         and approval.


  Sec. 18 . Acts Committed in Prior Congress or Before Becoming a Member

      The Ethics Reform Act of 1989 amended Rule X clause 4(e)(2)(C) to 
  establish a general time limitation on investigations by the Standards 
  Committee. The committee may not, under this Act, investigate 
  allegations of ethics violations occurring before the third previous 
  Congress unless it determines that such matters are directly related 
  to an alleged violation which occurred in a more recent Congress. See 
  Manual Sec. 698. This provision took effect Jan. 1, 1990.
      Historically, it has been within the prerogative of the House to 
  censure a Member for misconduct occurring in a prior Congress 
  notwithstanding his reelection (Deschler Ch 12 Sec. 16). However, the 
  question of whether the offense was known to his constituency at the 
  time of his election is a factor to be considered. 2 Hinds Sec. 1286. 
  Thus, in 1976, the Standards Committee recommended that a Member be 
  reprimanded for certain conduct occurring during prior Congresses 
  which involved financial irregularities, but declined to recommend 
  punishment for prior conflict-of-interest conduct which had occurred 
  in 1961, where such conduct had apparently been known to a 
  constituency which had continually reelected him. H. Rept. No. 94-
  1364. This report was subsequently adopted by the House. 94-2, July 
  29, 1976, p 24380.
      The House has jurisdiction under art. I Sec. 5 of the Constitution 
  to inquire into the misconduct of a Member occurring prior to his last 
  election and to impose at least those sanctions falling short of 
  expulsion. H. Rept. No. 96-351 (In re Diggs). (Compare 2 Hinds 
  Sec. 1283.) Expulsion, on the other hand, thus far has been applied to 
  Members only with respect to offenses occurring during their terms of 
  office and not to action taken by them prior to their election. 
  Deschler Ch 12 Sec. 13. A resolution calling for the expulsion of a 
  Member was reported adversely by the Standards Committee, where the 
  Member had been convicted of bribery under California law for acts 
  occur-

[[Page 590]]

  ring while he served as a county tax assessor and before his election 
  to the House; the committee found that although the conviction related 
  to the Member's moral turpitude, it did not relate to his official 
  conduct while a Member of Congress. H. Rept. No. 94-1478, In re 
  Hinshaw.
      If a Member's term of office expires before a pending resolution 
  of expulsion against him can be agreed to, the proceedings are 
  discontinued. 2 Hinds Sec. 1276.


               C. Nature and Forms of Disciplinary Measures


  Sec. 19 . In General

                      Kinds of Disciplinary Measures

      The primary disciplinary measures that may be invoked by the House 
  against a Member include expulsion, censure or reprimand, fines or 
  other economic sanctions, and deprivation of seniority or committee 
  status.
      Reprimand is appropriate for serious violations, censure is 
  appropriate for more serious violations, and expulsion of a Member is 
  appropriate for the most serious violations. Rule 20, Committee on 
  Standards of Official Conduct, Rules of Procedure (1993).
      Generally, the type of disciplinary measure invoked will depend on 
  the nature of the offense charged. Where there are mitigating 
  circumstances, the Standards Committee sometimes issues a public 
  ``letter of reproval.'' See, for example, H. Rept. No. 100-526 (In re 
  Rose). This letter may include a direction to the Member that he 
  apologize. See H. Rept. No. 101-293 (In re Bates). The House itself 
  may exact an apology from the offending Member. 2 Hinds Secs. 1650, 
  1657.

      Effect of Court Conviction or Pendency of Judicial Proceedings

      Under the former practice, where a Member had been convicted of a 
  crime, the House would defer taking disciplinary action until the 
  judicial processes had been exhausted. 6 Cannon Sec. 238. Under the 
  more recent practice, the House may choose--as it did in the 96th 
  Congress--to initiate disciplinary proceedings against a Member for 
  conduct even when that Member has not exhausted all of his appeals in 
  the criminal process. H. Rept. No. 96-351 (In re Diggs). While a court 
  conviction may be appealed, such a course of action and its outcome 
  have no bearing on either the timing or the nature of the decision 
  reached by the House. H. Rept. No. 100-506 (In re Biaggi).
      The House rules provide that a Member who is convicted of a crime 
  for which sentence could be two or more years imprisonment should 
  refrain

[[Page 591]]

  from committee business and from voting in the House until judicial or 
  executive proceedings reinstate the Member's presumption of innocence, 
  or until he is reelected to the House after his conviction. Rule XLIII 
  clause 10.

                          Resolutions and Reports

      A resolution proposing disciplinary action against a Member may be 
  called up in the House as a question of high privilege. 2 Hinds 
  Sec. 1254; 3 Hinds Secs. 2648-2651; 96-1, Mar. 1, 1979, pp 3746-53. 
  Where the Standards Committee after investigation recommends that 
  disciplinary action be taken against a Member, it normally files a 
  privileged report with the resolution proposing the action. But where 
  the committee dismisses the charges or issues a lesser sanction such 
  as a letter of reproval, the committee files its report, for the 
  information of the House, without an accompanying resolution. 95-2, 
  Oct. 6, 1978, p 34145.
      Under amendments to Rule X clause 4 by the Ethics Reform Act of 
  1989, any letter of reproval or other administrative action of the 
  committee may be implemented only as a part of its report to the 
  House. The rule also requires that the committee report to the House 
  on the final disposition of any case it has voted to investigate. See 
  Manual Sec. 698.
      A resolution adopting the committee report may be offered:

      Resolved, That the House of Representatives adopt the report by 
    the Committee on Standards of Official Conduct dated __________ in 
    the matter of Representative __________.

                         Consideration and Debate

      The Ethics Reform Act of 1989 amended Rule XXXII clause 1 to 
  permit an accused Member to be accompanied by counsel on the floor of 
  the House when the committee's recommendation on his case is under 
  consideration by the House. Manual Sec. 919.
      Debate on a disciplinary resolution is permitted under the hour 
  rule. 94-2, July 29, 1976, p 24382. Under the rules adopted in the 
  103d Congress, debate on questions of privilege (including 
  disciplinary resolutions) offered from the floor is equally divided 
  between the proponent and a party leader, as determined by the Speaker 
  (Rule IX clause 2). While a wide range of discussion is permitted 
  during the debate on the resolution as to the Member's alleged 
  misconduct, language which is personally abusive is not permitted (96-
  1, July 31, 1979, p 21584), and may not extend to the conduct or 
  criminal convictions of other Members or former Members. 95-2, Oct. 
  13, 1978, p 36976. Debate is confined in scope to the conduct of the 
  accused. 100-1, Dec. 18, 1987, p 36271.

[[Page 592]]

      Since an accurate record of disciplinary proceedings is important, 
  the House may agree by unanimous consent to ban revisions or 
  extensions of remarks delivered during the floor debate. 96-2, May 29, 
  1980, pp 12661, 12662.
      It is for the House and not the Speaker to judge the conduct of 
  Members. It is, accordingly, not a proper parliamentary inquiry to ask 
  the Chair to interpret the application of a criminal statute to a 
  Member's conduct. 100-1, Nov. 17, 1987, p 32153.

                           Effect of Resignation

      The resignation of a Member at a time when expulsion proceedings 
  against him are pending generally results in the suspension or 
  discontinuance of the proceedings. 2 Hinds Sec. 1275; 6 Cannon 
  Sec. 238. Similarly, where a Member resigns after a committee of 
  investigation has found him guilty of improper conduct and deserving 
  of censure, the House may discontinue the proceeding. 6 Cannon 
  Sec. 398. But the House may adopt a resolution censuring his conduct 
  even after his resignation has been submitted. 2 Hinds Secs. 1239, 
  1273, 1275.


  Sec. 20 . Expulsion

      The House has the power under the Constitution to expel a Member 
  by a two-thirds vote. U.S. Const. art. I Sec. 5 clause 2. The power to 
  expel extends to all cases where the offense is such as to be 
  inconsistent with the trust and duty of the Member. In re Chapman, 166 
  US 661, 669 (1897). Indeed, the discretionary power of the House to 
  expel one of its Members has been said to be unlimited. 6 Cannon 
  Sec. 78. However, the House has consistently refused to expel a Member 
  for acts unrelated to him as a Member or to his public trust and duty. 
  H. Rept. No. 56-85 (1899); see also 1 Hinds Sec. 476. In 1976, an 
  expulsion resolution was reported adversely where a Member had been 
  convicted of bribery under state law for acts occurring before his 
  election to the House, since the conviction did not relate to his 
  official conduct while a Member of Congress. Deschler Ch 12 Sec. 13.1.
      The purpose of expulsion is not merely to provide punishment, but 
  to remove a Member whose character and conduct show that he is unfit 
  to participate in the deliberations and decisions of the House, and 
  whose presence in it tends to bring that body into contempt and 
  disgrace. 2 Hinds Sec. 1286. The fundamental governing consideration 
  underlying expulsion proceedings is whether the individual charged has 
  displayed conduct inconsistent with the trust and duty of a Member. In 
  re Chapman, 166 US 661, 669 (1897).
      The House has considered proposals to expel on many occasions. 
  Expulsion was used during the Civil War against Members charged with 
  being

[[Page 593]]

  in rebellion against the United States or with having taken up arms 
  against it. 2 Hinds Secs. 1261, 1262. In a more recent instance, the 
  House expelled a Member who had been convicted in a federal court of 
  bribery and conspiracy in accepting funds to perform official duties 
  (H. Rept. No. 96-1387). 96-2, Oct. 2, 1980, pp 28953-78. And in 1988 
  the Standards Committee recommended the expulsion of a Member who had 
  accepted an illegal gratuity, engaged in illegal trafficking, 
  obstructed justice, brought discredit on the House, accepted 
  impermissible gifts from a person or organization with an interest in 
  legislation, failed to disclose gifts of $250 or more in a calendar 
  year on annual financial disclosure statements, and accepted favors or 
  benefits under circumstances which might be construed as influencing 
  the performance of governmental duties. H. Rept. No. 100-506 (In re 
  Biaggi). The case terminated with the Member's resignation.
      There have been many instances in which an expulsion proposal 
  being considered in the House has failed, either because it was not 
  supported by a two-thirds vote or because the House preferred some 
  lesser penalty, such as reprimand. This has occurred where a Member 
  was charged with:

     Publishing an article alleged to be in violation of the 
         privileges of the House. 2 Hinds Sec. 1245.
     Abuse of the leave to print. 1 Cannon Sec. 236.
     Involvement in an affray on the floor of the House. 2 Hinds 
         Sec. 1643.
     Assaulting a Senator. 2 Hinds Sec. 1621.
     Uttering words alleged to be treasonable. 2 Hinds Secs. 1253, 
         1254.
     Accepting money for appointing a person to the military 
         academy. 2 Hinds Sec. 1274.
     Attempting to bribe Members of Congress by offering them 
         shares of stock at sums below their actual value. 2 Hinds 
         Sec. 1286 (the Credit Mobilier case).
     Assaulting another Member for words spoken in debate. 2 Hinds 
         Sec. 1656.
     Using offensive language on the floor and deceiving the 
         Speaker when the latter had attempted to control the debate. 2 
         Hinds Sec. 1251.

      In a case in the House in 1981, arising from the Abscam 
  investigation, the Standards Committee recommended to the House that a 
  Member be expelled after he had been found guilty on all counts of an 
  indictment charging bribery, conspiracy, and accepting an illegal 
  gratuity under Title 18, U.S. Code. The committee also found 
  violations of House Rule XLIII clauses 1, 2, and 3. H. Rept. No. 97-
  110 (Lederer). The Member resigned from the House within a week of the 
  vote of the committee.
      Expulsion proceedings against Senators have been initiated in the 
  Senate pursuant to recommendations of the Senate Committee on Ethics. 
  See S. Rept. No. 97-187 (1981). See also 104-2, Sept. 7, 1995, p ____. 
  In both instances, the Senator resigned prior to a vote of the full 
  Senate.

[[Page 594]]

  Sec. 21 . -- Procedure; Resolutions of Expulsion

                              Generally; Form

      Expulsion proceedings may be initiated by the introduction of a 
  resolution containing explicit charges (2 Hinds Secs. 1254, 1261, 
  1262), as follows:

      Whereas, the Hon. ______________, a Member of the House of 
    Representatives from the State of ______________, has, upon this day 
    ______________: Therefore, be it
      Resolved, That the said ______________, be, and he hereby is, 
    expelled from this House.

      Under more recent practice allegations of misconduct have not been 
  included in the resolution as reported from the Standards Committee 
  (H. Res. 794, 96th Cong.):

      Resolved, That pursuant to article I, Section 5, clause 2 of the 
    United States Constitution, Representative______________, be, and he 
    hereby is, expelled from the House of Representatives.

      The resolution should be limited in its application to one Member 
  only, although several may be involved. Separate resolutions should be 
  prepared on each Member. Deschler Ch 12 Sec. 13.
      A resolution proposing expulsion may provide for a committee to 
  investigate and report on the matter. Referral of such a resolution is 
  normally made to the Committee on Standards of Official Conduct. 
  Deschler Ch 12 Sec. 13. The resolution is subject to the motion to lay 
  on the table. 94-2, Oct. 1, 1976, p 35111.
      A resolution to expel a Member presents a question of the 
  privileges of the House (96-1, July 30, 1979, pp 21297, 21298), and 
  may be called up by any Member as privileged under the Constitution 
  and under Rule IX whether or not it has been reported favorably or 
  adversely from committee. 94-2, Oct. 1, 1976, p 35111. Being 
  privileged, the proposition supersedes the regular order of business. 
  2 Hinds Sec. 2648.
      As already noted, the resolution of expulsion must be agreed to by 
  a two-thirds vote under the Constitution. An amendment proposing 
  expulsion may be agreed to by a majority vote, but on the proposition 
  as amended a two-thirds vote is required. 2 Hinds Sec. 1274. In this 
  regard, it was held in 1921 that a motion to censure was not germane 
  to the motion to expel. The amendment proposing censure rather than 
  expulsion having been ruled out as not germane, the House then 
  rejected the motion to expel, not mustering the required two-thirds 
  majority. The proposition to censure was then offered as a question of 
  privilege from the floor and was agreed to. 6 Cannon Sec. 236. Compare 
  5 Hinds Sec. 5923.

[[Page 595]]

                    Debate; Right of Member To Be Heard

      Floor debate on a resolution of expulsion is under the hour rule. 
  8 Cannon Sec. 2448. In one recent instance, during debate on an 
  expulsion resolution, the Member charged was yielded one-half of the 
  hour in which to speak or yield in his behalf. 96-2, Oct. 2, 1980, pp 
  28953-78 (Myers). A Member whose expulsion is proposed may be 
  permitted to present a written defense. 2 Hinds Sec. 1273.


  Sec. 22 . Censure; Reprimand

                                 Generally

      Censure and reprimand are two forms of discipline that may be 
  administered pursuant to that provision of the Constitution (art. I 
  Sec. 5 clause 2) empowering the House to punish a Member for 
  disorderly behavior. Manual Sec. 63. These punitive measures are 
  ordered in the House by a majority of those voting, a quorum being 
  present. The House itself must order the sanction. The Speaker cannot 
  on his own authority censure a Member. Deschler Ch 12 Sec. 16.
      During its history, the House has censured or reprimanded numerous 
  Members or Delegates. The House has on occasion made a distinction 
  between censure and reprimand, the latter being a somewhat lesser 
  punitive measure than censure. A censure is administered by the 
  Speaker to the Member at the bar of the House, perhaps in a manner 
  specified in the resolution, as by the reading of the censure 
  resolution (96-1, July 31, 1979, p 21592; 96-2, June 10, 1980, p 
  13820), whereas a reprimand is administered to the Member ``standing 
  in his place'' or merely by the adoption of a committee report. 
  Deschler Ch 12 Sec. 16.
      If necessary, the Member to be censured may be arrested and 
  brought to the bar for the Speaker's pronouncement. 2 Hinds 
  Secs. 1251, 1305. The censure appears in full in the Journal. 2 Hinds 
  Secs. 1251, 1656; 6 Cannon Sec. 236. In rare instances, the House has 
  reconsidered a vote of censure (2 Hinds Sec. 1653) or expunged a 
  censure from the Journals of a preceding Congress (4 Hinds Secs. 2792, 
  2793).


  Sec. 23 . -- Grounds; Particular Conduct

      The conduct for which censure may be imposed is not limited to 
  acts relating to the Member's official duties. The power to censure 
  extends to any reprehensible conduct which brings the House into 
  disrepute. Deschler Ch 12 Sec. 16.

[[Page 596]]

      Many early cases of censure involved the use of unparliamentary 
  language, assaults on a Member, or insults to the House by the 
  introduction of offensive resolutions. See 2 Hinds Secs. 1246-1249, 
  1251, 1256, 1305, 1621, 1656. During the Civil War, some Members, 
  whose sympathies lay with the Confederacy, were censured for uttering 
  treasonable words. 2 Hinds Secs. 1252-1254. Censure was also invoked 
  on the basis of evidence of corrupt acts by a Member. 2 Hinds 
  Secs. 1239, 1273, 1274, 1286; 6 Cannon Sec. 239.
      More recent cases have seen censure or reprimand invoked against a 
  Member for:

     Ignoring the processes and authority of the New York State 
         courts, and improper use of government funds. H. Rept. No. 90-
         27; Deschler Ch 12 Sec. 16.1 (Powell). Censure recommendation 
         rejected in favor of other penalties. Sec. 1, supra.
     Failing to report certain financial holdings in violation of 
         Rule XLIII, the Code of Official Conduct, and for investing in 
         stock in a bank, the establishment of which he was promoting, 
         in violation of the Code of Ethics for Government Service. H. 
         Rept. No. 94-1364; recommendation of reprimand approved, 94-2, 
         July 29, 1976, pp 24379-82 (Sikes).
     Receiving a campaign contribution and failing to report it as 
         required by law. H. Rept. No. 95-1742; Member reprimanded, 95-
         2, Oct. 13, 1978, p 37005 (McFall).
     Receiving a campaign contribution and failing to report it, 
         converting a campaign contribution to personal use, and 
         testifying falsely to the committee under oath. H. Rept. No. 
         95-1743; Member reprimanded, 95-2, Oct. 13, 1978, p 37009 
         (Roybal).
     Unjust enrichment through increasing an office employee's 
         salary. H. Rept. No. 96-351; censure approved, 96-1, July 31, 
         1979, pp 21584-92 (Diggs).
     Receiving money from a person with direct interest in 
         legislation in violation of clause 4, Rule XLIII, and for 
         transferring campaign funds into office and personal accounts. 
         H. Rept. No. 96-930; censure approved, 96-2, June 10, 1980, p 
         13820 (Wilson).
     Sexual misconduct with a page. H. Rept. No. 98-295 (In re 
         Studds); H. Rept. No. 98-296 (In re Crane); Members censured, 
         98-1, July 20, 1983, pp 20020, 20030.
     Filing false financial disclosure statements under the Ethics 
         in Government Act. H. Rept. No. 98-891 (In re Hansen); 
         reprimand approved, 98-2, July 31, 1984, pp 21650, 21652.
     ``Ghost voting,'' improperly diverting government resources, 
         and maintaining a ``ghost employee'' on his staff. H. Rept. No. 
         100-485 (In re Murphy). Member reprimanded, 100-1, Dec. 18, 
         1987, p 36266.
     Seeking improper dismissal of parking tickets and for 
         misstatements of fact in a memorandum relating to an 
         associate's criminal probation record. H. Rept. No. 101-610 (In 
         re Frank). Member reprimanded, 101-2, July 26, 1990, p ____.


[[Page 597]]



      The power of censure has also been invoked in the Senate. Deschler 
  Ch 12 Sec. 16. In recent years, the Senate has censured or denounced 
  one of its Members for:

     Noncooperation with and abuse of certain Senate committees 
         during an investigation of his conduct. 83-2, Dec. 2, 1954, p 
         16392 (Joseph McCarthy). See also Deschler Ch 12 Sec. 16.2.
     Exercising the power and influence of his office to obtain and 
         use for his personal benefit funds from the public raised 
         through political testimonials. 90-1, June 23, 1967, p 17005-20 
         (Dodd). See also Deschler Ch 12 Sec. 16.3.
     Acts and omissions regarding unsigned vouchers for the use of 
         Senate funds, inaccurate financial disclosure statements, and 
         unreported campaign funds and receipts. 96-1, Oct. 11, 1979, p 
         27767 (Talmadge).


  Sec. 24 . -- Censure Resolutions

                                 Generally

      The censure of a Member is imposed pursuant to a resolution 
  adopted by the House. Deschler Ch 12 Sec. 16. The resolution may take 
  the following form (from 2 Hinds Sec. 1259):

      Resolved, That the Member from ____________, Mr. ____________, in 
    ____________________ has been guilty of a violation of the rules and 
    privileges of the House and merits the censure of the House for the 
    same.
      Resolved, That said ______ be now brought to the bar of the House 
    by the Sergeant at Arms, and the censure of the House be 
    administered there by the Speaker.

      The resolution may call for direct and immediate action by the 
  House. Deschler Ch 12 Sec. 16. Such a resolution should be drafted so 
  as to apply to only one Member, although two or more Members may be 
  involved. 2 Hinds Secs. 1240, 1621.
      A resolution of censure presents a question of privilege (3 Hinds 
  Secs. 2649-2651) and may be entertained as privileged (6 Cannon 
  Sec. 239). The Speaker may recognize a Member to offer a resolution of 
  censure after the question on agreeing to a resolution calling for 
  expulsion has been decided adversely. 6 Cannon Sec. 236. The House may 
  amend a resolution of censure to provide for other action to be taken 
  against the Member and then adopt the resolution as amended. Deschler 
  Ch 12 Sec. 16.1. A resolution reported from committee may be adopted 
  with an amendment converting the resolution from one of censure to one 
  of reprimand. 95-2, Oct. 13, 1978, p 37009.

                                  Debate

      Floor debate on a resolution of censure is under the hour rule. 
  94-2, July 29, 1976, p 24382; 96-1, July 31, 1979, pp 21584-92. In the 
  103d

[[Page 598]]

  Congress, Rule IX was amended to equally divide debate on any question 
  of privilege offered from the floor between the proponent and a party 
  leader as determined by the Speaker. Rule IX clause 2.
      A Member controlling debate under the hour rule may yield time to 
  the Member being charged. 94-2, July 29, 1976, p 24382. That Member 
  may, after declining to speak, yield all of his time to another 
  Member. 96-1, July 31, 1979, pp 21584-92. It has been held, however, 
  that if the previous question is moved on the proposition to censure, 
  the effect may be to prevent him from making an explanation or defense 
  (5 Hinds Sec. 5459) and once the House has voted to censure, it is 
  then too late for the Member to be heard. 2 Hinds Sec. 1259.

                    Effect of Apologies or Explanations

      In situations involving censure for unparliamentary language or 
  behavior, the House may accept an apology or explanation from the 
  Member and terminate the proceedings. 2 Hinds Secs. 1250, 1257, 1258, 
  1652. The resolution of censure may be withdrawn (2 Hinds Sec. 1250), 
  or, if the House has already voted to censure, it may reconsider its 
  vote and decide against censure (2 Hinds Sec. 1653).


  Sec. 25 . Fines; Restitution of Funds

      Pursuant to its constitutional authority to punish its Members 
  (U.S. Const. art. I Sec. 5 clause 2), the House may levy a fine as a 
  disciplinary measure against a Member for certain misconduct. Deschler 
  Ch 12 Sec. 17. The fine may be coupled with certain other disciplinary 
  measures deemed appropriate by the House. Thus, in one instance, the 
  House disciplined a Member (for improper expenditure of House funds 
  for private purposes) by imposing a fine of $25,000, to be deducted on 
  a monthly basis from his salary. 91-1, Jan. 3, 1969, pp 29, 34. In 
  another instance, in the 96th Congress, a Member was required to make 
  restitution of monies in the amount which he had personally benefited 
  in his misuse of the congressional clerk-hire allowance. 96-1, July 
  31, 1979, pp 21584-92. Fines imposed by the House are separate and 
  distinct from those for which a Member might be liable under federal 
  law.


  Sec. 26 . Deprivation of Status; Caucus Rules

      Deprivation of seniority status is a form of disciplinary action 
  that may be invoked by the House against a Member under the U.S. 
  Constitution (art. I Sec. 5 clause 2). Thus, among the sanctions 
  imposed by the House against a Member (Adam Clayton Powell) was a 
  reduction in seniority to that of

[[Page 599]]

  a first-term Congressman. Deschler Ch 12 Sec. 18.2. A Member also may 
  be reduced in committee seniority as a result of party discipline 
  enforced through the machinery of his party caucus. Deschler Ch 12 
  Sec. 18.1.
      The chairman of a committee of the House may be subjected to a 
  variety of disciplinary measures for misconduct in his capacity as 
  chairman, including removal from office. In one instance, a party 
  caucus removed a Member from his office as chairman of a committee 
  based on a report disclosing certain improprieties concerning his 
  travel expenses and in clerk-hiring practices. Deschler Ch 12 
  Sec. 9.2. Where consistent with the House rules, the members of a 
  committee may take action against its chairman by restricting his 
  authority to appoint special subcommittees (Deschler Ch 12 Sec. 12.4) 
  or transfer authority from the chairman to the membership and the 
  subcommittee chairmen (Deschler Ch 12 Sec. 12.3). The House through 
  the adoption of a resolution may restrict the power of the chairman to 
  provide for funds for investigations by subcommittees. Deschler Ch 12 
  Sec. 12.2.

                             Step-aside Rules

      The party caucus or conference rules may require that the chairman 
  or ranking minority member step aside from those positions upon 
  indictment or on conviction of a felony. In the 104th Congress, for 
  example, Rule 50 of the Democratic Caucus rules specified that if the 
  senior Democratic member on a committee is indicted for a felony 
  punishable by confinement for two or more years, he must step aside in 
  favor of the next ranking member. In the same Congress, Rules 25, 26 
  and 27 of the Republican Conference also addressed similar situations.



[[Page 601]]

 
                               MORNING HOUR

  Sec. 1. In General; Place in Order of Business
  Sec. 2. Procedure; Business Considered
  Sec. 3. Duration; Interruption or Termination
        Research References
          4 Hinds Secs. 3118-3141
          6 Cannon Secs. 751-755
          7 Cannon Sec. 944
          6 Deschler Ch 21 Sec. 4
          Manual Secs. 878, 889


  Sec. 1 . In General; Place in Order of Business

                                 Generally

      The morning hour call of committees is a rarely used procedure for 
  calling up for consideration in the House bills that have been 
  reported by committees and which are on the House Calendar. Rule XXIV 
  clause 4 (adopted in its present form in 1890). Manual Sec. 889. Other 
  avenues that are more frequently used for this purpose are special 
  rules from the Committee on Rules, suspension of the rules, and 
  unanimous-consent agreements (all of which are discussed are under 
  separate titles in this work). Because of the availability of these 
  more effective procedures, and because most reported bills are 
  referred to the Union Calendar, the morning hour call has become 
  largely obsolete. See Deschler Ch 21 Sec. 4. However, since the demise 
  of the Consent Calendar in the 104th Congress, the morning hour 
  remains an alternative to suspensions as a way of reaching relative 
  noncontroversial bills on the House Calendar.

                    Morning-hour Debates Distinguished

      Beginning in the 103d Congress, the House established a procedure 
  for ``morning-hour speeches.'' Manual Sec. 753b. Under this new 
  practice, which is permitted by a standing order adopted by unanimous 
  consent, the House meets early on Mondays and Tuesdays, before the 
  regular convening hour, to entertain five-minute speeches. No business 
  is permitted during such periods. See Consideration and Debate for 
  further discussion of this practice.

[[Page 602]]

                     Calendar Wednesday Distinguished

      Bills on the House Calendar (as well as those on the Union 
  Calendar) may be considered when committees are called under the 
  Calendar Wednesday rule (Rule XXIV clause 7). Both the morning hour 
  and Wednesday calls have seen little use in recent Congresses since 
  reported bills are routinely given privilege by special orders 
  reported from the Committee on Rules. However, while the morning hour 
  call of committees can be ignored whenever a majority of the House so 
  chooses, it takes a two-thirds vote to dispense with the call on 
  Wednesdays. Manual Sec. 897; see also Calendar Wednesday.

                Order of Morning Hour Business; Precedence

      The morning hour is listed seventh in the rule governing the order 
  of business in the House, coming just after ``unfinished business.'' 
  Rule XXIV clause 1. A bill once brought up on the morning hour call 
  continues before the House in that order of business until disposed of 
  (4 Hinds Sec. 3120), unless withdrawn by authority of the committee 
  with jurisdiction over the bill. Such withdrawal must occur before 
  amendment or other House action on the bill. 4 Hinds Sec. 3129. Once 
  consideration of the bill has begun under the morning hour rule, the 
  House may not on motion postpone its further consideration to a day 
  certain. 4 Hinds Sec. 3164. However, other more highly privileged 
  matters, such as a privileged report from the Committee on Rules, may 
  intervene. 4 Hinds Sec. 3131.


  Sec. 2 . Procedure; Business Considered

                                 Generally

      The morning hour rule provides that after the disposition of 
  unfinished business, the Speaker is to call each standing committee, 
  ``in regular order,'' and then select committees. Rule XXIV clause 4. 
  This rule is interpreted to mean that committees are to be called 
  seriatim in the order in which they are listed in Rule X. 6 Cannon 
  Sec. 751. Each committee when named may then call up a bill it has 
  previously reported which is on the House Calendar. Rule XXIV clause 
  4. Bills called up under this procedure are debated under the hour 
  rule, with debate being confined to the bill under consideration. 
  Deschler Ch 21 Sec. 4.2.

                Business Considered During the Morning Hour

      In the early practice, the morning hour was used for the reception 
  of reports from committees. 4 Hinds Sec. 3118. In 1890, the rule was 
  amended so as to devote the morning hour to ``any bill'' reported by a 
  committee

[[Page 603]]

  ``on a previous day'' and which is on the House Calendar. Manual 
  Sec. 889. Thus, the bill must actually be on the House Calendar, and 
  properly there, in order to be considered (4 Hinds Secs. 3122-3126); a 
  bill on the Union Calendar may not be brought up during the morning 
  hour call of committees. 6 Cannon Sec. 753.

                          Committee Authorization

      A Member calling up a bill under the morning hour rule must be 
  authorized to do so by the committee reporting the bill. Deschler Ch 
  21 Sec. 4.2. In the event of a dispute as to whether committee 
  authorization was in fact granted, the Speaker may decline to resolve 
  the matter on the ground that such an issue gives rise to a question 
  of fact to be resolved by the committee. 4 Hinds Sec. 3127. But he may 
  rule on the question of authorization based on statements by the 
  chairman and other members of the reporting committee. 4 Hinds 
  Sec. 3128.


  Sec. 3 . Duration; Interruption or Termination

                                 Generally

      The term ``morning hour'' is to some extent misleading, since, 
  under the modern rule, the call of committees does not necessarily 
  terminate in 60 minutes. 4 Hinds Sec. 3119. Today the morning hour 
  does not terminate until the call is exhausted or until the House 
  adjourns (Manual Sec. 890) or votes to go into Committee of the Whole 
  (Manual Sec. 891), or unless other privileged matter intervenes (4 
  Hinds Sec. 3131). After the intervening business is concluded, the 
  morning hour call of committees is resumed unless the House adjourns. 
  4 Hinds Sec. 3133.
      Before the expiration of the 60 minutes, the Speaker has declined 
  to permit the call to be interrupted by a committee report (4 Hinds 
  Sec. 3132), or by a unanimous-consent request to consider a bill that 
  is not on the House Calendar (4 Hinds Sec. 3130).

                 Motions to go Into Committee of the Whole

      The House rules permit the interruption of the morning hour call 
  of committees by a motion to go into Committee of the Whole. Rule XXIV 
  clause 5. (Generally, see Committees of the Whole.) Under this rule, 
  the motion lies ``after one hour'' of the call of committees, and may 
  be made for the purpose of taking up a particular bill. Manual 
  Sec. 891. The motion may interrupt the call of committees after the 
  expiration of 60 minutes (4 Hinds Sec. 3131) and may be made even 
  sooner if the call of committees is exhausted before the hour expires. 
  4 Hinds Sec. 3141.



[[Page 605]]

 
                                  MOTIONS

  Sec. 1. In General
  Sec. 2. Form; Reading of Motion
  Sec. 3. Recognition to Offer
  Sec. 4. Dilatory Motions
  Sec. 5. Withdrawal; Reoffering
        Research References
          5 Hinds Secs. 5300-5358
          8 Cannon Secs. 2609-2640
          7 Deschler Ch 23
          Manual Secs. 460, 753, 775, 776, 803


  Sec. 1 . In General

      Most motions that are used in the practice of the House are 
  specifically provided for by House rule. These motions serve different 
  purposes and are governed by separate procedural requirements, and are 
  treated under separate titles elsewhere in this work. See for example 
  Adjournment; Lay on the Table; Postponement; Previous Question; 
  Reconsideration; Refer and Recommit; Suspension of Rules.
      Motions must also conform to certain common procedural 
  requirements, such as that a Member offering a motion must rise to his 
  feet and address the Chair. Sec. 3, infra. While recognition for a 
  motion is always at the discretion of the Speaker (see Recognition), 
  he will ordinarily entertain any motion that is in order under the 
  rules of the House and in accordance with its parliamentary practices. 
  4 Hinds Sec. 3550. Where a motion not in order under the rules of the 
  House is, without objection, considered and agreed to, it controls the 
  procedure of the House until carried out, unless the House takes 
  affirmative action to the contrary. See 90-2, Oct. 8, 1968, p 30212.


  Sec. 2 . Form; Reading of Motion

      Motions entertained by the House must be reduced to writing if 
  demanded by a Member. Rule XVI clause 1. Manual Sec. 775. The same 
  practice is followed in the Committee of the Whole. 95-1, May 18, 
  1977, p 15418. Of course, not every motion is in writing when 
  proposed, and even when the point of order is raised, the Chair may 
  give the proponent an opportunity to reduce the motion to writing 
  before putting the question thereon. 99-2, July 24, 1986, p 17641.

[[Page 606]]

      The House rules require that a motion be stated by the Speaker or 
  read by the Clerk (Manual Sec. 776) before it can be debated. 5 Hinds 
  Sec. 4938. The Clerk's reading may be dispensed with only by unanimous 
  consent. 94-1, Dec. 15, 1975, p 40671.
      Where there is a misunderstanding about the wording of a pending 
  motion, the Chair may restate the motion. But it is not in order to 
  ask that the motion be rereported by the Clerk (89-1, Mar. 25, 1965, p 
  6101) except by unanimous consent (90-1, Sept. 12, 1967, pp 25201, 
  25211). If there is doubt, the motion voted on is the motion as stated 
  by the Chair in putting the question and not as stated by the Member 
  in offering the motion. 89-1, Mar. 26, 1965, p 6101.


  Sec. 3 . Recognition to Offer

      A Member cannot make a motion without rising and addressing the 
  Chair. Manual Sec. 394. A motion is not pending until the Chair has 
  recognized its proponent. 98-1, Oct. 27, 1983, p 29631. A Member 
  desiring to offer a motion must actively seek recognition from the 
  Chair before another motion to dispose of the pending question has 
  been adopted, and the fact that he may have been standing at that time 
  is not sufficient to confer recognition. 97-1, Nov. 22, 1981, p 28751.
      In general, recognition of a Member to offer a motion is at the 
  discretion of the Chair. In certain rules, this discretion is 
  explicitly stated: In Rule XV clause 6(e)(2, a motion for a call of 
  the House is in order when a Member is recognized for that purpose by 
  the Speaker; and further proceedings under a call are considered as 
  dispensed with ``unless the Speaker, in his discretion, recognizes for 
  a motion'' to compel attendance of absentees. In Rule XVI clause 4, 
  the motions that the Speaker be authorized to declare a recess or to 
  entertain a motion for an adjournment to a day and time certain are 
  entertained ``in his discretion.'' Other motions in Rule XVI are given 
  a precedence under the rules which the Chair is not free to ignore 
  except where a motion of higher privilege is offered. See Rule XIV 
  clause 2, ``When two or more Members rise at once, the Speaker shall 
  name the Member who is first to speak. . .'' (Manual Sec. 753).
      The Member in charge of the pending bill is entitled at all stages 
  to prior recognition for allowable motions intended to expedite the 
  bill (2 Hinds Sec. 1457; 6 Cannon Sec. 300). But the fact that a 
  Member has the floor on one matter does not necessarily entitle him to 
  prior recognition on a motion relating to another matter. 2 Hinds 
  Sec. 1464. The Member in charge must yield to Members proposing 
  preferential motions (5 Hinds Secs. 5391-5395). Ordinarily, when an 
  essential motion made by the Member in charge of a

[[Page 607]]

  bill or resolution is decided adversely, the right to prior 
  recognition passes to the Member leading the opposition to the motion. 
  Deschler Ch 23 Sec. 1.2. See also Recognition. As to precedence among 
  particular motions, see motions listed in Sec. 1, supra.


  Sec. 4 . Dilatory Motions

      It has been the rule since 1890 that ``[n]o dilatory motion shall 
  be entertained by the Speaker.'' Rule XVI clause 10. Manual Sec. 803. 
  The Speaker may decline to entertain the motion on his own initiative 
  or on a point of order from the floor. 5 Hinds Secs. 5715-5722.
      Hinds has said that a motion must be made manifestly for delay in 
  order to justify its rejection as dilatory. 5 Hinds Sec. 5714. Yet the 
  determination of whether a motion is dilatory is entirely within the 
  discretion of the Chair. Deschler Ch 23 Sec. 4.1. Indeed, the question 
  of dilatoriness is not necessarily determined by the length of time at 
  issue or the character of the underlying business, but by the opinion 
  of the Speaker as to whether under the circumstances the motion is 
  made with intent to delay the business of the House. 8 Cannon 
  Sec. 2804.
      The Speaker may decline to entertain debate or an appeal on a 
  question as to the dilatoriness of a motion if to do so would defeat 
  the object of the rule. 5 Hinds Sec. 5731.


  Sec. 5 . Withdrawal; Reoffering

                                 Generally

      A motion having been made, a House rule places it in the 
  possession of the House but permits its withdrawal at ``any time 
  before decision or amendment.'' Rule XVI clause 2. Manual Sec. 776. 
  This rule is interpreted to mean that a motion may be withdrawn in the 
  House as a matter of right unless the House has taken some action 
  thereon (Deschler Ch 23 Sec. 1), such as a demand for the previous 
  question or the ordering of the previous question (5 Hinds Secs. 5355, 
  5489; 104-1, June 24, 1995, p ____). The House does not vote on the 
  withdrawal of the motion, if timely. Manual Sec. 460. Unanimous 
  consent is not required if withdrawal occurs before a decision is made 
  on the motion as offered or there is an amendment thereof. 94-1, Mar. 
  26, 1975, p 8897; 94-2, Sept. 22, 1976, p 31902.
      A motion may be withdrawn although an amendment may have been 
  offered to the motion and be pending. 5 Hinds Sec. 5347; 8 Cannon 
  Sec. 2639. A motion may be withdrawn prior to action thereon even 
  though it is under consideration as unfinished business postponed from 
  the preceding day. 95-1, June 17, 1977, p 19693.

[[Page 608]]

      Action by the House which will preclude withdrawal of a motion is 
  the ordering of the yeas and nays on the motion. 5 Hinds Sec. 5353. 
  Unanimous consent to withdraw the motion is required where the yeas 
  and nays have been ordered. 91-2, July 9, 1970, p 23524. But a motion 
  may be withdrawn after a voice and a division vote thereon where the 
  Chair has not announced the result, and where another type of vote 
  might be had on the motion. 95-1, Sept. 22, 1977, p 30290. The Chair 
  may decline to permit a withdrawal while he is counting a vote. 96-1, 
  Nov. 13, 1979, p 32185.

                    Modification of Motion; Reoffering

      A Member having the right to withdraw a motion before a decision 
  thereon has the resulting power to modify the motion. 5 Hinds 
  Sec. 5358; 101-2, Oct. 23, 1990, p ____. But the proponent does not 
  necessarily have the right to reoffer the motion, especially where it 
  is a secondary motion under Rule XVI clause 4; such motions may 
  properly be offered only at the times designated by the rule. Deschler 
  Ch 23 Sec. 1.
      Withdrawal of particular motions, see articles listed above 
  (Sec. 1, supra). Withdrawal of amendments, see Amendments.



[[Page 609]]

 
                                   OATHS

  Sec. 1. In General; Administering the Oath
  Sec. 2. Absent Members and the Oath; Use of Deputies
  Sec. 3. Challenging the Right To Be Sworn
  Sec. 4. Oaths Relating to Classified Information
        Research References
          1 Hinds Secs. 6-22
          6 Cannon Secs. 127-185
          1 Deschler Ch 2 Secs. 5, 6
          Manual Secs. 197-206
          U.S. Const. art. I Sec. 5, art. VI clause 3


  Sec. 1 . In General; Administering the Oath

                                 Generally

      The Constitution requires that every Senator and every 
  Representative swear or affirm to uphold the Constitution of the 
  United States. U.S. Const. art. VI clause 3. The form of the oath and 
  the procedure for its administration is regulated by statute. 2 USC 
  Sec. 25. Form of oath, see 5 USC Sec. 3331 and Manual Sec. 197.
      Until a Member-elect has subscribed to the oath, he does not enjoy 
  all the rights and prerogatives of a Member of Congress. Deschler Ch 2 
  Sec. 2.1. Members who have not taken the oath are not entitled to vote 
  (8 Cannon Sec. 3122) or introduce bills (Manual Sec. 300). However, 
  unsworn Members have participated at the beginning of a session in 
  organizational business, such as the election of the Speaker. 1 Hinds 
  Sec. 224. Although a Member has been named to a committee before 
  taking the oath (4 Hinds Sec. 4483) under the modern practice the 
  election of such a Member to a standing committee may be made 
  effective only upon being sworn. See H. Res. 26, H. Res. 27, Jan. 6, 
  1983.
      In the early practice of the House, it was the custom to 
  administer the oath by state delegations. Beginning with the 71st 
  Congress, however, Members-elect have been sworn in en masse. 6 Cannon 
  Sec. 8. Under this practice, the Speaker, on opening day, administers 
  the oath of office to all Members-elect at one time, although a 
  Member-elect whose right to take the oath has been challenged may be 
  asked to stand aside. 93-1, Jan. 3, 1973, p 15; 94-1, Jan. 14, 1975, p 
  19. A Member-elect who does not take the oath of office on opening day 
  may appear in the well, in response to the Speaker's invita-

[[Page 610]]

  tion, and take the oath. 92-1, Jan. 25, 1971, p 229; 92-1, Feb. 1, 
  1971, p 1257. Included among those to whom the Speaker administers the 
  oath are Delegates-elect and the Resident Commissioner from Puerto 
  Rico (93-1, Jan. 3, 1973, p 15), and Members-elect elected to fill 
  vacancies (92-2, Apr. 10, 1972, p 11865; 96-1, Apr. 9, 1979, pp 7744, 
  7745).

                   Credentials as Basis for Taking Oath

      Although the Clerk will not as a general rule enroll Members-elect 
  who appear without certificates of election, the House itself may 
  authorize the administration of the oath to Members-elect who appear 
  without appropriate formal credentials. 1 Hinds Secs. 162-168, 553-
  564. For example, a Member-elect may be sworn on the basis of letters 
  or telegrams from the executive department of the state of 
  representation, attesting as to his due election. See Deschler Ch 2 
  Secs. 3.1-3.4. And the House may authorize the administration of the 
  oath where credentials have not yet arrived, pursuant to a statement 
  by another Member-elect or a state official that the election in issue 
  is neither contested nor questioned. Deschler Ch 2 Sec. 3. Such 
  authorization is provided by unanimous consent. 86-2, Mar. 11, 1960, p 
  5294; 92-2, Apr. 11, 1972, p 12172; 95-2, Feb. 21, 1978, p 3853. 
  Unofficial state communications declaring the results of the election 
  may be laid before the House before the unanimous-consent request for 
  the administration of the oath. 97-2, July 15, 1982, p 16332.

                        Authorization by Resolution

      The administration of the oath may be authorized by resolution 
  after a challenge to the right to be sworn has been made. Such 
  resolutions have included provisions collateral to the actual 
  administration of the oath, such as a condition that the final right 
  to the seat be referred to a committee. Deschler Ch 2 Sec. 5.

                    Failure or Refusal to Take the Oath

      Members-elect entitled to take the oath may decline it by 
  resigning before taking a seat (2 Hinds Secs. 1230-1234), since 
  membership cannot be imposed on one without his consent. A Member-
  elect may be permitted to defer his taking of the oath, without 
  declining his seat, until such time as questions regarding his 
  qualifications are resolved. Deschler Ch 2 Sec. 5. But where a Member-
  elect fails to appear to take the oath, the House may by resolution 
  provide that if he fails to appear to take the oath by a certain date, 
  the seat will be declared vacant. 90-1, Mar. 1, 1967, p 4997.

[[Page 611]]

                                Precedence

      The administration of the oath is a matter of high privilege. The 
  oath may be administered before the reading of the Journal (1 Hinds 
  Sec. 172), and takes precedence of a motion to amend the Journal (1 
  Hinds Sec. 171). It has been held in order to administer the oath 
  during a roll call (97-1, Jan. 22, 1981, p 693), in the absence of a 
  quorum (1 Hinds Sec. 174), or on Calendar Wednesday (6 Cannon 
  Sec. 22). The administration of the oath is in order even after the 
  previous question has been ordered on a pending matter. 91-1, Oct. 3, 
  1969, p 28487; 97-1, Jan. 5, 1981, p 103. And debate on a resolution 
  reported from the Committee on Rules may be interrupted to allow a new 
  Member to take the oath of office. 88-1, Dec. 24, 1963, p 25526.


  Sec. 2 . Absent Members and the Oath; Use of Deputies

      The Speaker, or a deputy named by him, may be authorized by 
  resolution to administer the oath of office to a Member-elect absent 
  because of his illness (92-1, Jan. 22, 1971, p 144; 93-1, Jan. 3, 
  1973, p 28; 94-1, Jan. 14, 1975, p 33), or because of some illness in 
  his family (98-1, Jan. 3, 1983, pp 51, 52). The resolution may 
  authorize the administration of the oath at some location other than 
  the House. 1 Hinds Sec. 170; 6 Cannon Sec. 14. Persons who may be 
  designated by the Speaker to administer the oath to an absent Member-
  elect include another Member (87-1, Jan. 3, 1961, p 26), a state or 
  county judge (92-1, Jan. 22, 1971, p 144; 93-1, Jan. 3, 1973, p 28), 
  or a federal district court judge (97-1, Jan. 5, 1981, p 114). The 
  deputy so designated reports thereon to the House (92-1, Jan. 22, 
  1971, p 145; 96-1, Jan. 24, 1979, p 976), which report may take the 
  form of a letter from the deputy designated by the Speaker (86-1, Jan. 
  12, 1959, p 559).


  Sec. 3 . Challenging the Right To Be Sworn

                                 Generally

      Any Member-elect may challenge the right of any other Member-elect 
  to be sworn when the Speaker directs the membership-elect to rise to 
  take the oath of office. Deschler Ch 2 Sec. 6. The fact that the 
  challenging party has not himself been sworn is no bar to his right to 
  invoke this procedure. 1 Hinds Sec. 141. He must base his challenge 
  either on his own responsibility as a Member-elect or on specified 
  facts or documents. Deschler Ch 2 Sec. 6.2. Such challenges are 
  generally directed at a single Member-elect, but in several instances 
  the challenge has been directed against an entire state delegation. 1 
  Hinds Secs. 457, 460-462; Deschler Ch 2 Sec. 6.4. The authority to 
  challenge the right of a Member-elect to be sworn is based on the U.S. 
  Constitu-

[[Page 612]]

  tion, which designates the House as the sole judge of the elections, 
  returns, and qualifications of Members. U.S. Const. art. I Sec. 5 
  clause 1. Generally, see Election of Members.

                                 Procedure

      When a challenge is proposed, the Speaker asks the challenged 
  Member not to rise to take the oath en masse with the rest of the 
  membership. The House and not the Speaker determines the action to be 
  taken in such cases. Deschler Ch 2 Sec. 6.1; Manual Sec. 199. Debate 
  on the right of the Member-elect to be sworn is not in order until 
  after the remaining Members have been sworn. Deschler Ch 2 Sec. 6.3. 
  The pendency of a challenge does not preclude the entertainment of 
  other business before the House, and all other organizational business 
  may completed before a challenge is resolved. 1 Hinds Sec. 474; 
  Deschler Ch 2 Sec. 6.
      Several courses of action are open to the House in disposing of a 
  challenge. First, the House may simply seat a Member by authorizing 
  the administration of the oath pursuant to a resolution determining 
  the right to the seat. Deschler Ch 2 Sec. 6.5. Second, the House may 
  by resolution authorize the administration of the oath based on the 
  Member-elects prima facie right to the seat, but at the same time 
  refer the determination of his final right to committee. 1 Hinds 
  Secs. 528-534. Finally, the House may by resolution refer the prima 
  facie as well as the final right to the seat to committee, without 
  authorizing the administration of the oath. Deschler Ch 2 Secs. 6.6, 
  6.7.
      Resolutions relating to the right of a challenged Member-elect to 
  be sworn are privileged. 90-1, Mar. 1, 1967, p 4997. The resolution is 
  open to amendment where the House has not ordered the previous 
  question thereon. 91-1, Jan. 3, 1969, pp 15, 22-25. The challenged 
  Member-elect may, by unanimous consent, be permitted to participate in 
  debate on the resolution. 90-1, Jan. 10, 1967, pp 15, 23. The time for 
  debate on the resolution may be extended by unanimous consent. 90-1, 
  Mar. 1, 1967, p 4997.
      As to the procedure to be followed in contested elections, see 
  Election Contests and Disputes.


  Sec. 4 . Oaths Relating to Classified Information

      In 1995, a new provision was added to the Code of Official 
  Conduct--Rule XLIII of the House rules. The new provision, clause 13, 
  prescribes an oath to be executed by all Members, officers and 
  employees of the House before obtaining access to classified 
  information:

      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 Rep-

[[Page 613]]

    resentatives, except as authorized by [the] House of Representatives 
    or in accordance with its rules. Manual Sec. 939.

      The Committee on Standards of Official Conduct has interpreted 
  this clause as applying to classified information provided by ``any 
  person,'' not merely to data furnished by the House or by the 
  executive branch. Memorandum For All Members, Officers and Employees, 
  July 12, 1995.



[[Page 615]]

 
                                 OFFICERS

  Sec.  1. House Officers; Elections
  Sec.  2. Removal From Office
  Sec.  3. The Speaker
  Sec.  4. -- Jurisdiction and Duties; Rulings
  Sec.  5. -- Paticipation in Debate and Voting
  Sec.  6. The Speaker Pro Tempore
  Sec.  7. -- Powers and Functions
  Sec.  8. -- Term of Office
  Sec.  9. Other House Officers
  Sec. 10. -- Vacancies
        Research References
          1 Hinds Secs. 186-283
          2 Hinds Secs. 1307-1418
          6 Cannon Secs. 23-37, 247-282
          1 Deschler Ch 6 Secs. 1-22
          Manual Secs. 428, 621-635, 650-653, 861

  Sec. 1 . House Officers; Elections

                                In General

      The Constitution directs that the House choose its Speaker and 
  other officers. U.S. Const. art. I Sec. 2. The ``other officers'' not 
  specified by title in the Constitution have carried various titles. 
  Currently, they are the Clerk, Sergeant at Arms, Chief Administrative 
  Officer, and Chaplain. Manual Sec. 635. Of these, only the Speaker has 
  traditionally been chosen from the sitting membership of the House. 
  Manual Sec. 26. The Constitution does not limit his selection from 
  among that class, but the practice has been invariably followed. The 
  Speaker's term of office thus expires at the end of his term of office 
  as a Member, whereas the other House officers continue in office until 
  their successors are chosen and qualified. 1 Hinds Sec. 187.
      In the 102d Congress, the position of the Postmaster, for many 
  years an elected officer of the House, was eliminated with the 
  adoption of the House Administrative Reform Resolution. Manual 
  Sec. 654a. The Doorkeeper of the House, formerly an elective officer 
  of the House, was not reestab-

[[Page 616]]

  lished when the rules were adopted for the 104th Congress (Manual 
  Sec. 651d), the responsibilities of that position being transferred to 
  the Sergeant at Arms.
      There are other offices established in the rules of the House or 
  by statute. Persons are appointed, not elected to these offices. Rule 
  I contains authority for the offices the General Counsel (clause 11) 
  and for an Historian (clause 10). Rule VI describes the duties of the 
  Inspector General. The duties and appointing authority for the 
  positions of Parliamentarian, Legislative Counsel and Law Revision 
  Counsel are carried in law. See Manual Secs. 992, 996.

                            Election of Speaker

      Under the modern practice, the Speaker is elected by viva voce 
  vote on a roll call by a majority of those present (1 Hinds Sec. 204; 
  Manual Sec. 27). The Clerk appoints tellers for this election but the 
  House, and not the Clerk, decides by what method it shall elect. 1 
  Hinds Sec. 210. The motion to proceed to the election of Speaker is 
  privileged (8 Cannon Sec. 3883) and debatable unless the previous 
  question be ordered (Manual Sec. 312). The House may ask candidates 
  for Speaker to state their views before proceeding to election. 1 
  Hinds Sec. 218.
      In two instances the House chose a Speaker by plurality of votes, 
  but confirmed the choice by majority vote. In 1849, the House had been 
  in session 19 days without being able to elect a Speaker, no candidate 
  having received a majority of the votes cast. The voting was viva 
  voce, each Member when called naming the candidate for whom he voted. 
  Finally, after the fifty-ninth ballot, the House adopted a resolution 
  declaring the Speaker to be elected by a plurality. 1 Hinds Sec. 221. 
  In 1856, the House was again in the midst of a struggle over the 
  election of a Speaker. One hundred and twenty-nine ballots had been 
  taken without any candidate receiving the majority of the votes cast. 
  The House then adopted a resolution permitting the election to be 
  decided by a plurality. 1 Hinds Sec. 222.

                        Election of Other Officers

      The Clerk, Sergeant at Arms, Chief Administrative Officer, and 
  Chaplain are elected for each Congress by resolution. Deschler Ch 6 
  Sec. 16 (with forms); 93-1, Jan. 3, 1973, p 16. At the commencement of 
  a Congress, each party's caucus selects one nominee for each such 
  office. The majority submits its slate of nominees and the minority 
  usually submits a substitute resolution containing its slate. The 
  House then votes on these resolutions (Deschler Ch 6 Sec. 16), which 
  may be offered by the caucus chairmen (92-2, Sept. 25, 1972, p 8718). 
  Such a resolution is offered from the floor as

[[Page 617]]

  privileged (92-2, June 21, 1972, p 21691), and may be divided for a 
  separate vote for the Chaplain, an uncontested office (95-1, Jan. 4, 
  1977, p 52).

                                   Oath

      Each officer of the House takes the oath prescribed by law. 5 USC 
  Sec. 3331 (with form). The oath is administered to them by the 
  Speaker. Deschler Ch 6 Sec. 17. An officer elected to hold an 
  additional office concurrently takes a separate oath for the 
  additional office. Deschler Ch 6 Sec. 17.1. The oath is administered 
  by the Speaker to those officers who have been elected by the House 
  (92-2, Sept. 25, 1972, p 8718; 94-1, Dec. 17, 1975, p 41324), and 
  sometimes to those who have been appointed on a temporary basis (92-2, 
  June 30, 1972, p 23665; 94-1, Nov. 17, 1975, p 36901), although 
  generally an appointee does not appear at the bar to take the oath but 
  subscribes thereto in writing when he accepts the appointment. 
  Deschler Ch 6 Sec. 17.2; 89-2, Mar. 14, 1966, p 5712. The oath has 
  been administered to an officer-elect prior to the effective date of 
  his election. 92-2, June 26, 1972, p 22387. Generally, see Oaths.


  Sec. 2 . Removal From Office

      Both the Speaker and the House have the authority to remove the 
  Clerk, Sergeant at Arms, and Chief Administrative Officer. Rule II. 
  Manual Sec. 635. An officer of the House may be removed from office 
  pursuant to the adoption of a simple resolution (1 Hinds Secs. 288-
  290), which may be offered as a matter of privilege (1 Hinds Sec. 284; 
  6 Cannon Sec. 35). The Speaker may be removed at the will of the 
  House. Manual Sec. 315. As a basis for removal, the House has 
  considered allegations:

     That the Clerk altered and falsified a House document (1 Hinds 
         Sec. 284).
     That the Clerk was negligent in the administration of the 
         contingent fund (1 Hinds Sec. 283) or had misappropriated House 
         funds (1 Hinds Sec. 287).
     That an officer was guilty of misconduct or corruption in 
         office (1 Hinds Secs. 288, 289).


  Sec. 3 . The Speaker

      The Speaker is the Presiding Officer of the House, and is charged 
  with numerous duties and responsibilities by law and by the House 
  rules. His term of office begins on his election and the taking of his 
  oath of office. The term ends on the expiration of the Congress in 
  which he was elected, unless he has resigned, died, or been removed 
  from office. Deschler Ch 6 Sec. 1. He cannot serve for more than four 
  consecutive Congresses. Rule I clause 7(b) (adopted in 1995).

[[Page 618]]

      As the Presiding Officer of the House, the Speaker maintains order 
  (Manual Sec. 622), manages its proceedings, and governs the 
  administration of its business. Deschler Ch 6 Secs. 2-8. The major 
  functions of the Speaker with respect to the consideration of measures 
  on the floor include recognizing Members who seek to address the House 
  (Manual Sec. 749), construing and applying the House rules (Manual 
  Sec. 624), and putting the question on matters arising on the floor 
  for a vote (Manual Sec. 629).
      The Speaker's role is an impartial one and his rulings serve to 
  protect the rights of the minority. 88-1, June 4, 1963, pp 10151-65. 
  In seeking to protect the interests of the minority, he has even asked 
  unanimous consent that an order of the House be vacated where the 
  circumstances so require. 89-1, May 18, 1965, p 10871.


  Sec. 4 . -- Jurisdiction and Duties; Rulings

      The Speaker presides over all regularly scheduled House business. 
  His duties include:

     Calls to order and the approval of the Journal. Manual 
         Sec. 621.
     The reference of bills and other matters to committee. Manual 
         Sec. 700.
     The disposition of business on the Speaker's table. Manual 
         Secs. 882, 883.
     The designation of a Speaker pro tempore (Manual Sec. 633), 
         and the appointment of Chairmen of the Committee of the Whole 
         (Manual Sec. 861a).
     Recognizing Members, putting unanimous-consent requests, and 
         stating motions. Deschler Ch 6 Secs. 3.14 et seq.
     Supervision of the timing of debate and other proceedings in 
         the House. Deschler Ch 6 Sec. 3.25.
     Ruling on points of order and answering parliamentary 
         inquiries. Deschler Ch 6 Sec. 3.
     Making appointments pursuant to statute, the House rules, and 
         House resolutions (Deschler Ch 5 Sec. 6). Appointments to 
         committees, see Committees.
     Certification to a U.S. Attorney of persons found to be in 
         contempt of a House committee. Deschler Ch 6 Secs. 3.40 et seq.
     Declaring the House in recess pursuant to his inherent power 
         in the event of an emergency (Deschler Ch 6 Sec. 3.44), or 
         pursuant to the House rules or to a House resolution 
         authorizing him to take such action (See Recess).

      The Speaker also:

     Signs various documents, including warrants and subpenas. 
         Manual Sec. 624.
     Makes preliminary decisions as to questions of privilege. 3 
         Hinds Secs. 2649, 2650, 2654.
     Determines the presence of a quorum, conducts quorum counts, 
         and counts certain votes. 4 Hinds Sec. 2932; Manual Secs. 55, 
         629, 810.

[[Page 619]]

     Announces the absence of a quorum without unnecessary delay. 6 
         Cannon Sec. 652.
     Maintains order in debate. Manual Sec. 760.
     Administers censure by direction of the House. 6 Cannon 
         Secs. 236, 237.
     Designates Members to travel on official business of the 
         House. Manual Sec. 634b.
     Appoints Members to conference committees. Manual Sec. 536.
     Declares the House adjourned when the hour previously fixed 
         for adjournment arrives. 5 Hinds Sec. 6735.

      Many matters have been held to be beyond the scope of the 
  Speaker's responsibility under the rules. The Speaker does not:

     Construe the legislative effect of a pending measure (Manual 
         Sec. 627) or the merits thereof (Deschler Ch 6 Sec. 4.20).
     Respond to hypothetical questions (Deschler Ch 6 Secs. 4.13 et 
         seq.; Manual Sec. 627); render anticipatory rulings on 
         amendments (96-1, May 9, 1979, p 10486), or answer inquiries 
         based on hypothetical assumptions (Deschler Ch 6 Sec. 4.14).
     Determine questions that are within the province of the 
         Chairman of the Committee of the Whole (5 Hinds Sec. 6987; 
         Manual Sec. 846b).
     Pass on the constitutionality of the House rules (95-1, Sept. 
         8, 1977, p 28123; 95-1, Sept. 12, 1977, p 28801) or of 
         amendments offered to pending bills (95-2, May 22, 1978, p 
         13325), or render other judgments on the validity of pending 
         legislation (8 Cannon Sec. 2225; 94-2, Sept. 22, 1976, p 
         31874).
     Resolve questions as to the consistency of an amendment with 
         the measure to which it is offered (Manual Sec. 466), or with 
         an amendment which has already been adopted (5 Hinds Sec. 5781; 
         95-1, Sept. 15, 1977, p 29440).
     Answer inquiries as to the availability or meaning of 
         amendments not yet offered. 97-1, June 25, 1981, p 14082.
     Decide whether a Member should be allowed to display an 
         exhibit in debate (Deschler Ch 6 Sec. 4.10), except under the 
         Speaker's duty to preserve decorum (Manual Sec. 622).
     Rule on the sufficiency or effect of committee reports 
         (Deschler Ch 6 Secs. 4.22, 4.23; Manual Sec. 627).
     Rule on ambiguities in legislative language. Deschler Ch 6 
         Sec. 4.24.
     Construe the consequences of a pending vote. Deschler Ch 6 
         Secs. 4.27, 4.28.
     Respond to parliamentary inquiries as to whether the failure 
         of House conferees to follow a proposed course of action would 
         be beyond their scope of authority. 8 Cannon Sec. 2246; 97-1, 
         Oct. 29, 1981, p 26049.
     Rule out bills because they are already before the House in 
         another form. 2 Hinds Secs. 1325, 1327.
     Determine whether a Member should be censured (2 Hinds 
         Sec. 1275) or whether an office he holds is incompatible with 
         his membership (6 Cannon Sec. 253), these being matters for the 
         House to decide.

[[Page 620]]

  Sec. 5 . -- Participation in Debate and Voting

                                  Debate

      Although the Speaker's usual role is that of the Presiding 
  Officer, there have been many instances in which he has made a 
  statement from the Chair or where he has relinquished the Chair and 
  participated in the debate on the floor. Manual Sec. 353. See also 86-
  2, June 23, 1960, p 14088; 87-2, May 8, 1962, p 7981; 88-2, June 18, 
  1964, p 14344. He may take the floor for purposes of debate both in 
  the House (Deschler Ch 6 Secs. 5.1, 5.2) and in the Committee of the 
  Whole (86-2, Aug. 31, 1960, p 18734; 87-2, Mar. 29, 1962, p 5398; 87-
  2, May 8, 1962, p 7962). If the Speaker is to participate in debate on 
  the floor of the House, it is his practice to call another Member to 
  the Chair to serve as Speaker pro tempore. 2 Hinds Sec. 1360; Manual 
  Sec. 358.

                                  Voting

      Under the early rules of the House, the Speaker was barred from 
  voting except under certain circumstances. 5 Hinds Sec. 5964. Today, 
  the Speakers have the same right as other Members to vote but rarely 
  exercise it. Manual Sec. 632. Under the modern House rules, the 
  Speaker may vote on any matter that comes before the House. He is 
  required to vote where his vote would be decisive or where the House 
  is engaged in voting by ballot. Rule I clause 6. Manual Sec. 632. The 
  duty of giving a decisive vote may be exercised after the intervention 
  of other business, if a correction of the roll shows a condition 
  wherein his vote would be decisive. 5 Hinds Secs. 6061-6063. On an 
  electronic vote, the Chair directs the Clerk to record him and 
  verifies that instruction by submitting a vote card. 101-2, Oct. 17, 
  1990, p ____.


  Sec. 6 . -- The Speaker Pro Tempore

                          Appointment or Election

      A Speaker pro tempore is usually designated by the Speaker or 
  elected by the House. Less frequently, he is designated by the Speaker 
  and approved by the House. Deschler Ch 6 Secs. 10 et seq. For a period 
  not to exceed three legislative days, he is designated by the Speaker; 
  for longer periods, the Speaker pro tempore is approved or elected by 
  the House. Manual Secs. 633, 634. A Member is sometimes designated 
  Speaker pro tempore by the Speaker, and then, subsequently, is elected 
  by the House. 93-2, Feb. 20, 1974, p 3514.
      A Speaker pro tempore is elected pursuant to resolution (89-2, 
  Mar. 15, 1966, p 5823; 94-2, May 21, 1976, p 15085), which may be 
  offered by the

[[Page 621]]

  chairman of the caucus (89-2, Jan. 10, 1966, p 60) or by the Majority 
  Leader (94-1, June 26, 1975, p 20967). A Speaker pro tempore by 
  designation leaves the Chair pending the offering of a resolution 
  electing him as Speaker pro tempore. 89-2, Jan. 10, 1966, p 6.

                              Oath of Office

      The oath of office is administered to an elected Speaker pro 
  tempore, but not to a designated Speaker pro tempore. Deschler Ch 6 
  Sec. 11. The oath is administered to an elected Speaker pro tempore by 
  the Speaker himself (96-1, Dec. 20, 1979, pp 37317, 37318), by the 
  Dean of the House (94-1, Mar. 26, 1975, p 8947), or by another Member 
  (96-1, Nov. 5, 1979, p 30933).

                               Who May Serve

      The Speaker pro tempore must under the rules be a Member of the 
  House. Manual Sec. 633. He may be, and usually is, a member of the 
  majority party (97-1, Nov. 23, 1981, p 28897), such as the Majority 
  Leader (87-1, Sept. 27, 1961, p 21545; 97-1, Dec. 16, 1981, p 31850), 
  or the Majority Whip (88-1, Nov. 18, 1963, p 22015), but the Dean of 
  the House has served in that capacity (89-1, Jan. 19, 1965, p 946), 
  and, on rare ceremonial occasions, the Minority Leader has been named 
  as Speaker pro tempore (87-1, June 12, 1961, p 10035).


  Sec. 7 . -- Powers and Functions

                                 Generally

      The Speaker pro tempore, as the occupant of the Chair, exercises 
  many functions that would normally fall within the purview of the 
  presiding officer. Routine functions that are within the scope of 
  authority of a Speaker pro tempore are calling the House to order, 
  making various announcements, answering parliamentary inquiries, 
  putting the question, counting for a quorum, ruling on points of 
  order, and designating another Speaker pro tempore. Deschler Ch 6 
  Secs. 9, 10. An elected Speaker pro tempore may also administer the 
  oath of office to a Member-elect. Deschler Ch 6 Secs. 12.8, 14.8.

                      Designated Speaker pro tempore

      The authority of a Speaker pro tempore to exercise certain powers 
  depends on whether he is designated, designated and approved, or 
  elected. The powers of a designated Speaker pro tempore, as compared 
  with those of an elected Speaker pro tempore, are relatively limited. 
  Deschler Ch 6 Sec. 10.

[[Page 622]]

      Absent unanimous consent or specific House approval, a designated 
  Speaker pro tempore may not:

     Refer Presidential messages to committee. 89-2, Sept. 8, 1966, 
         p 22049; 89-2, Jan. 24, 1966, p 909; 90-1, Aug. 31, 1967, p 
         24843.
     Announce appointments made by the Speaker pursuant to law. 96-
         1, Jan. 31, 1979, p 1511.
     Appoint conferees or make appointments of additional 
         conferees. Deschler Ch 6 Secs. 12.9, 12.10.
     Appoint Members to attend a funeral. Deschler Ch 6 Sec. 12.14.

      Under the former practice, only an elected Speaker pro tempore 
  could sign enrolled bills in the absence of the Speaker. 96-1, Nov. 5, 
  1979, p 30933. The House in the 99th Congress amended Rule I clause 7 
  to authorize the Speaker to designate with the approval of the House a 
  Member to sign enrolled bills as Speaker pro tempore (without being 
  elected by the House). 99-1, Jan. 3, 1985, p 394.

                        Elected Speaker pro tempore

      An elected Speaker pro tempore assumes a much greater scope of 
  authority from the Speaker than a designated Speaker pro tempore. He 
  may, for example, appoint conferees, appoint committees to inform the 
  President of a pending adjournment, and preside at a joint session of 
  Congress. Deschler Ch 6 Sec. 14.


  Sec. 8 . -- Term of Office

      The term of office of a Speaker pro tempore may be for a limited 
  time, such as one or two days (Deschler Ch 6 Sec. 11) or only for a 
  brief period during a day (Deschler Ch 6 Sec. 11.7), but for periods 
  of longer than three days, the approval of the House is required. 
  Manual Sec. 633. Such approval may be given by unanimous consent 
  (Deschler Ch 6 Sec. 11.14) or by resolution (94-1, Mar. 26, 1975, p 
  8947). This period may be extended beyond sine die adjournment to a 
  day certain (97-1, Dec. 16, 1981, p 31850). The term of office 
  normally ends when the Speaker resumes the Chair. Deschler Ch 6 
  Sec. 11.


  Sec. 9 . Other House Officers

                                 The Clerk

      The Clerk has specific responsibilities spelled out in House 
  rules, in statutes, or as delegated to him by the House. He presides 
  when a new Congress convenes (Rule III clause 1; Manual Secs. 637-
  639); he has duties related to the conduct of House business, and he 
  or his employees have respon-

[[Page 623]]

  sibilities relating to the processing of bills, the preparation of the 
  Journal, and the taking and tallying of votes. To assist the House in 
  its consideration of measures, the Clerk reads bills (Manual 
  Sec. 428), reads names alphabetically during the taking of certain 
  votes and elections (Manual Sec. 765), notes all questions of order 
  and decisions thereon and places them in the Journal (Manual 
  Sec. 641), reports disorderly words of a Member who has been called to 
  order (Manual Sec. 761), certifies to the passage of all bills and 
  resolutions (Manual Sec. 643), makes corrections during engrossment 
  (Manual Sec. 479), and presents enrolled bills to the Speaker for 
  signature and transmittal to the Senate (Manual Sec. 575).
      The Clerk also announces pairs after votes (Manual Sec. 660), 
  calls the Corrections Calendar (Manual Sec. 746), reads motions 
  (Manual Sec. 776), receives petitions and private bills (Manual 
  Sec. 849), disseminates copies of amendments offered in the Committee 
  of the Whole (Manual Sec. 870), and provides a place where Members may 
  sign discharge petitions (Manual Sec. 908). The Clerk also has 
  jurisdiction over the official reporters of the House, subject to the 
  direction and control of the Speaker. Manual Sec. 923.
      In one instance, the Clerk carried out the duties of his own 
  office as well as those of the Sergeant at Arms, having been elected 
  to serve concurrently as Sergeant at Arms following the death of the 
  incumbent. Deschler Ch 6 Sec. 16.3.
      The Clerk may designate and authorize one or more of his employees 
  to perform the duties of his office during his absence, except for 
  such duties as are imposed on him by statute. Manual Sec. 647. The 
  designation is laid before the House by the Speaker. 89-1, Feb. 16, 
  1965, p 2759; 92-1, Jan. 29, 1971, p 973; 95-1, Jan. 4, 1977, p 74. 
  The designation may provide that such authorization is to remain in 
  effect until revoked. 91-1, Oct. 29, 1969, p 32076.

                             Sergeant at Arms

      The duties of the Sergeant at Arms on the floor are prescribed by 
  the House rules (Rule IV, Manual Sec. 648) and by statute (2 USC 
  Sec. 79). Under these provisions, the Sergeant at Arms maintains 
  order, and executes arrest warrants for persons cited for contempt of 
  the House or a committee. In addition, he enforces the prohibition 
  against Members walking across or out of the Hall of the House while 
  the Speaker is addressing the House (Manual Sec. 763), appoints 
  officers to send for and arrest absent Members when so ordered by the 
  Speaker under Rule XV clause 2 (Manual Sec. 768), and brings absent 
  Members before the House (Manual Sec. 773).

[[Page 624]]

                       Chief Administrative Officer

      The Chief Administrative Officer of the House has the operational 
  and financial responsibility for functions assigned to him by the 
  Speaker and the Committee on House Oversight. He is subject to policy 
  direction and oversight of the Speaker and the committee. He reports 
  to the Speaker and to the committee. He reports semiannually on the 
  financial and operational status of each function under his 
  jurisdiction. Rule V, adopted in 1995.

                               The Chaplain

      The Chaplain is responsible for offering a prayer at commencement 
  of each day's sitting of the House. Manual Sec. 655. The prayer, which 
  does not require a quorum (Deschler Ch 6 Sec. 21.1), is offered daily, 
  whether the House had adjourned until the next day or recessed at its 
  previous sitting. Deschler Ch 6 Sec. 21.2.
      There are often ``guest chaplains.'' The daily prayer has been 
  offered by visiting clergy of various denominations and nationalities. 
  92-1, Dec. 6, 1971, p 44882; 93-1, Oct. 23, 1973, p 34818. In the 
  absence of the Chaplain, the prayer has been offered by a Member who 
  was an ordained minister. 93-1, May 31, 1973, p 17441.


  Sec. 10 . Vacancies

      The Speaker may make temporary appointments to fill vacancies in 
  the offices of the Clerk, the Sergeant at Arms and the Chaplain. 2 USC 
  Sec. 75a-1. Pursuant to this authority, the Speaker has temporarily 
  filled vacancies caused by the death of the Chaplain (89-2, Mar. 14, 
  1966, p 7512), or by the resignation of the Clerk (94-1, Dec. 17, 
  1975, p 41324), or Sergeant at Arms (102-2, Mar. 12, 1992, p ____). 
  Such appointments are effective until such time as the House acts by 
  the adoption of a resolution to fill the vacancy on a permanent basis. 
  Such a resolution, which may be offered by the chairman of the party 
  caucus, is privileged. 94-1, Dec. 17, 1975, p 41324.
      The resignation of an elected officer of the House is subject to 
  acceptance by the House. 102-2, Mar. 12, 1992, p ____.



[[Page 625]]

 
                             ORDER OF BUSINESS

              A. The Daily Order of Business

  Sec. 1. In General; Varying the Order of Business
  Sec. 2. Sequence of Particular Business
  Sec. 3. The Daily Practice

              B. Privileged Business

  Sec. 4. In General; Under the Constitution
  Sec. 5. Business Privileged by House Rule
  Sec. 6. -- Privilege of Particular Business
  Sec. 7. -- Privileged Motions
        Research References
          4 Hinds Secs. 3056-3152
          6 Cannon Secs. 708-757
          6 Deschler Ch 21 Secs. 1-8, 28-31
          Manual Secs. 878-899


                      A. The Daily Order of Business


  Sec. 1 . In General; Varying the Order of Business

                                 Generally

      The order or sequence in which business is taken up for floor 
  consideration is governed by various House rules. A general rule for 
  the ``daily order of business'' is set forth in Rule XXIV clause 1. 
  Manual Sec. 878. Other procedures affecting the order of business 
  include the Discharge Calendar as provided for by Rule XIII (Manual 
  Secs. 746, 747), the Private Calendar (Rule XXIV clause 6, Manual 
  Sec. 893), the Corrections Calendar (Rule XIII clause 4(a), Manual 
  Sec. 745a), Calendar Wednesday (Rule XXIV clause 7, Manual Sec. 897), 
  and suspensions (Rule XXVII clause 1, Manual Sec. 902). The order of 
  business specified by such rules may be varied by unanimous-consent 
  agreements (see Consideration and Debate), and by special orders 
  reported from the Committee on Rules and adopted by the House. 
  Generally, see Special Rules.
      Although Rule XXIV states the daily order of business, it does not 
  bind the House to a fixed daily routine. Other House rules make 
  certain important subjects privileged so as to permit the daily order 
  of business to be inter-

[[Page 626]]

  rupted or even supplanted entirely for days at a time. See Sec. 7, 
  infra. But while privileged matters may interrupt the order of 
  business, they may do so only with the consent of a majority of the 
  House, as expressed by its vote on the adopting of a special rule, on 
  a motion to resolve into Committee of the Whole, on the question of 
  consideration or some other procedural question. It is this system 
  that enables the House to give precedence to its most important 
  business without at the same time losing the power by majority vote to 
  go to any other bills on its calendar. Manual Sec. 879.
      The order of business may also be affected when the Speaker 
  exercises his discretionary authority to recognize Members on 
  particular questions. The Chair may refuse to recognize for unanimous-
  consent requests and holds the power of recognition at all times. See 
  Recognition.

                            Scheduling Business

      The business of the House is scheduled by the Speaker and the 
  Members who with him constitute the leadership, acting in concert with 
  the leadership of each standing committee. Deschler Ch 21 Sec. 1. The 
  daily or weekly agenda of the House is ordinarily formulated by the 
  Leadership and implemented by special rules reported from the 
  Committee on Rules and adopted by the House. The legislative schedule 
  for the House is announced to the Members by the majority leader or 
  whip or his designee, or, rarely, by the Speaker himself. 87-2, Aug. 
  16, 1962, p 16730; 88-2, May 21, 1964, p 11690.


  Sec. 2 . Sequence of Particular Business

      The general rule specifying the daily order of business is set 
  forth in Rule XXIV clause 1 (Manual Sec. 878), as follows:

     First: Prayer by the Chaplain.
     Second: Reading and approval of the Journal, unless postponed.
     Third: Pledge of Allegiance to the Flag.
     Fourth: Correction of reference of public bills.
     Fifth: Disposal of business on the Speaker's table.
     Sixth: Unfinished business.
     Seventh: The morning hour for bills called up by committees.
     Eighth: Motions to go into Committee of the Whole.
     Ninth: Orders of the day.

      Ranked first in the daily order of business, the prayer precedes 
  all business. No business is in order before the prayer, which is 
  offered daily when the House meets. Deschler Ch 21 Sec. 2. A point of 
  order of no quorum is not entertained before the prayer. Manual 
  Sec. 774c.

[[Page 627]]

      The next order of business is the approval of the Journal. 
  Messages from the President or the Senate have been received, and 
  questions of privileges of the House have been raised before the 
  approval of the Journal, but no other business, including privileged 
  business, may intervene. See Journal.
      Following the approval of the Journal is the Pledge of Allegiance 
  to the Flag, which is led by a Member at the invitation of the 
  Speaker. One-minute speeches, although not provided for by Rule XXIV, 
  are sometimes entertained by unanimous consent. Sec. 3, infra. It is 
  then in order to offer motions or unanimous-consent requests for the 
  rereferring of public bills. See Introduction and Reference of Bills.
      Rule XXIV next provides for the disposal of business on the 
  Speaker's table. Such business consists of executive communications, 
  messages from the President, bills, resolutions, and messages from the 
  Senate, and House bills with Senate amendments. Clause 2. Manual 
  Sec. 882. Messages from the President and messages from the Senate are 
  matters of privilege and may be received, laid before the House and 
  disposed of at any time when business permits. Deschler Ch 21 Sec. 2. 
  Disposition of Senate bills, see Senate Bills; Amendments Between the 
  Houses.
      Under the prescribed order of business in Rule XXIV, the motion to 
  resolve into Committee of the Whole is in order after the morning hour 
  for consideration of bills reported by committees and before ``orders 
  of the day.'' The morning hour provision is largely obsolete and is 
  not used under the modern practice to call up legislative business. 
  ``Orders of the day'' have not been used in many years, the House 
  relying instead on special orders, which often supersede the regular 
  order of business for lengthy periods. 4 Hinds Sec. 3056. See Special 
  Rules.
      An order of business resolution reported from the Committee on 
  Rules making in order the motion to resolve into the Committee of the 
  Whole (or permitting the Speaker to declare that the House so resolve) 
  to consider a particular bill, gives precedence to the motion (equal 
  to the precedence of the motion to resolve into Committee of the Whole 
  for consideration of an appropriation bill). Deschler Ch 21 Sec. 30.3. 
  The motion to resolve into the Committee of the Whole may also be made 
  privileged by the provisions of a statute. Deschler Ch 21 Secs. 30.8 
  et seq.
      As to when particular matters are in order, see Appropriations; 
  Conferences Between the Houses; Calendars; District of Columbia 
  Business; Private Calendar; Questions of Privilege; Quorums; 
  Resolutions of Inquiry; Veto of Bills.

[[Page 628]]

  Sec. 3 . The Daily Practice

      The sequence of events on the House floor on any given day may 
  vary from the prescribed order. Certain customs and norms have been 
  developed over the last 40 years which allow Members to express their 
  concerns on matters not pending before the House or scheduled for 
  consideration in the daily or weekly agenda. One-minute speeches, 
  special-order speeches and the ``morning hour'' are all vehicles for 
  this type of free expression. See Consideration and Debate.
      On each legislative day, certain events do occur in a predictable 
  order. The prayer, the approval of the Journal, the Pledge of 
  Allegiance, all occur with regularity, although the actual vote on the 
  approval of the Journal may be postponed.
      Before reaching the scheduled business of the day, the Speaker 
  usually agrees to recognize Members for one-minute speeches. He may 
  limit the number if the anticipated legislative schedule is full. See 
  Consideration and Debate for practices and norms relating to such 
  speeches. Because of the precise language in the rules governing the 
  Private Calendar, the Corrections Calendar and the discharge rule, 
  one-minute speeches may await the disposition of those types or 
  classes of business.
      Following the disposition of one minutes, the Chair may signal the 
  advent of legislative business by laying down messages received from 
  the President or the Senate and may make announcements concerning 
  appointments or informing the House of communications addressed to him 
  in his official capacity.
      Following these ``preliminary matters,'' the House may proceed to 
  business holding a privileged status for that day. That special status 
  may be set by a standing rule, by a special order reported by the 
  Committee on Rules or an order previously adopted by the House either 
  by unanimous consent or motion.
      Once this business is reached, the prescribed order is still 
  subject to some flexibility. Certain roll call votes may be postponed 
  or ``clustered'' to occur in sequence, pursuant to the Speaker's 
  authority under Rule I.
      When scheduled business has been completed, it is again customary 
  for Members to be given an opportunity to address the House on other 
  subjects. Special-order speeches may be granted, by unanimous consent, 
  for up to one hour per Member. Limits on the number and duration of 
  such speeches have been mutually agreed upon by the leadership of the 
  two parties and enforced by the exercise of the Speaker's power of 
  recognition.

[[Page 629]]

                          B. Privileged Business


  Sec. 4 . In General; Under the Constitution

      Privileged business is business of such importance as to enjoy 
  precedence over the regular order of business; it is business which 
  can supersede or interrupt other matters which might otherwise be 
  called up or be pending before the House. Manual Secs. 879, 880.
      Privileged questions are to be distinguished from what are termed 
  ``questions of privilege.'' Privileged questions relate to the order 
  or priority of business under the rules of the House, whereas 
  ``questions of privilege'' pertain to the safety and dignity of the 
  House or the integrity of its proceedings, or to the rights or 
  reputation of its Members under Rule IX. 3 Hinds Secs. 2654, 2718. See 
  Questions of Privilege.
      Privilege may be derived from language used in the U.S. 
  Constitution, from the rules and practices of the House, and from 
  statutes enacted pursuant to the legislative rulemaking power. Because 
  of constitutional provisions a veto message from the President is 
  privileged for consideration when received by the House. This 
  privilege arises from article I, section 7, clause 2 of the 
  Constitution. See Veto of Bills. Likewise, since the power of the 
  House in the impeachment of civil officers arises from article I, 
  section 2, clause 5 of the Constitution, the House has determined that 
  propositions to impeach, and reports from the committee investigating 
  charges of impeachment, are highly privileged for consideration. See 
  Impeachment. Similarly, since article VI, clause 3 provides that 
  Representatives shall take an oath, the administration of the oath to 
  Members is privileged; a Member-elect appearing during a session may 
  be administered the oath as a matter of the highest privilege which 
  may interrupt other business. See Oaths.
      Certain propositions are privileged for consideration because of 
  indirect constitutional mandate. Examples are concurrent resolutions 
  for adjournment sine die or to a day certain (see Adjournment) and 
  motions incident to establishing a quorum (see Quorums). But privilege 
  is not conferred merely because the question is one committed to the 
  House under the Constitution. For example, a resolution to confirm the 
  nomination of the Vice President, a duty committed to the House under 
  the 25th amendment to the Constitution, is not privileged for 
  consideration. Deschler Ch 21 Sec. 28.


  Sec. 5 . Business Privileged by House Rule

      A variety of bills, reports, and resolutions are privileged for 
  consideration under the House rules. Some committees are given the 
  power to report to the House at any time on certain subjects. See 
  Committees. Certain

[[Page 630]]

  kinds of reports are privileged for consideration when reported by any 
  committee, including reports on the contempt of witnesses (see 
  Contempt Power) and on resolutions of inquiry (see Resolutions of 
  Inquiry).
      In order to retain its privilege, a privileged report must be 
  submitted as privileged from the floor while the House is in session 
  (and not filed in the hopper). A committee may, however, obtain by 
  unanimous consent permission to file a privileged report while the 
  House is not in session. Deschler Ch 21 Sec. 29.
      Privilege of matters relating to election contests, see Election 
  Contests and Disputes.


  Sec. 6 . -- Privilege of Particular Business

      The House rules make certain important subjects privileged so as 
  to permit the daily order of business to be interrupted or even 
  supplanted entirely for days at a time. Among the privileged matters 
  which may interrupt the order of business are:

     General appropriation bills. Rule XVI clause 9; 4 Hinds 
         Sec. 3072.
     Conference reports. Rule XXVIII clause 1(a); 5 Hinds 
         Sec. 6443.
     Motions to request or agree to a conference. Rule XX. 92-2, 
         Aug. 1, 1972, p 26153.
     Special orders reported by the Committee on Rules. Rule XI 
         clause 4(b); 4 Hinds Secs. 3070, 3071, 4621.
     Consideration of amendments between the Houses after 
         disagreement. 4 Hinds Secs. 3149, 3150.
     Questions of privilege. Rule IX. See Questions of Privilege.
     Bills coming over from a previous day with the previous 
         question ordered. 5 Hinds Secs. 5510-5517.
     Bills returned with the objections of the President. 4 Hinds 
         Secs. 3534-3536.
     Measures in order on the Corrections Calendar. Rule XIII 
         clause 4.

      Some propositions are privileged for consideration on certain days 
  of the week or month. On any Monday or Tuesday, for example, the 
  Speaker may recognize Members to move to suspend the rules and pass 
  bills. Manual Sec. 902. The second and fourth Mondays of the month are 
  set apart for such business as may be presented by the District of 
  Columbia Committee. Manual Sec. 899. Bills on the Private Calendar are 
  called on the first Tuesday of the month and also on the third Tuesday 
  if directed by the Speaker. Manual Sec. 895. The Speaker has the 
  discretion to dispense with the call of the Private Calendar on the 
  third Tuesday. 101-2, Oct. 16, 1990, p __________. The Speaker has the 
  discretion to direct the call of Corrections Calendar bills on the 
  second and fourth Tuesdays of the month. Manual Sec. 745a.

[[Page 631]]

      Other classes of business are not only given a prescribed day but 
  are also keyed to a specific reference in the order of business 
  prescribed in Rule XXIV clause 1. Motions to discharge, for example, 
  when perfected and otherwise eligible can be called up after the 
  approval of the Journal (Rule XXVII clause 3); a motion to resolve 
  into the Committee of the Whole on a general appropriation bill is in 
  order immediately following the reading of the Journal (Rule XVI 
  clause 9); District business is given a position following ``disposal 
  of business on the Speaker's table which requries reference only'' 
  (Rule XXIV clause 8); the Corrections Calendar follows the Pledge of 
  Allegiance (Rule XIII clause 4). Both the provisions which designate a 
  day for the class of business, and those which give that class a 
  specified place in the order of business, can be changed by the House 
  by adoption of a special order, generated by a report from the 
  Committee on Rules, a unanimous-consent agreement, or a motion under 
  the suspension procedure.
      The privileged status that is conferred on certain classes of 
  business does not necessarily carry with it an exemption from 
  applicable layover requirements of the House rules. Thus, a conference 
  report may be called up for floor consideration as privileged business 
  only after the report has been filed and is in compliance with the 
  three-day layover and two-hour availability requirements of Rule 
  XXVIII, discussed elsewhere. See Conferences Between the Houses.
      On occasion when the Speaker is faced with competing Members 
  seeking recognition for consideration of different items of business, 
  he must determine whether one class or type of business is of a higher 
  precedence than the other. In making these determinations, he relies 
  on the language of the House rules which give the matter precedence 
  and, occasionally, on prior rulings of the Chair which may 
  predetermine his choice. Deschler Ch 21 Sec. 31 contains a compilation 
  of such rulings. They are of lesser relevance in the modern practice 
  since the House usually determines the order of consideration by 
  adoption of a special order reported from the Committee on Rules. It 
  should also be noted that the priority of propositions of equal or 
  near-equal privilege may be determined by the Chair as within his 
  power of recognition.


  Sec. 7 . -- Privileged Motions

      Certain motions relating to the order of business are given 
  precedence under the rules of the House. Examples are the motion to 
  suspend the rules, which may be used to change the order of business 
  as well as to adopt a measure (see Suspension of Rules), and the 
  motion to dispense with Cal-

[[Page 632]]

  endar Wednesday (see Calendar Wednesday). The motion that the House 
  resolve itself into the Committee of the Whole to consider a general 
  appropriation bill is likewise privileged under the rules. See 
  Appropriations.
      Under the modern practice, a motion to discharge a committee, when 
  called up pursuant to the provisions of the discharge rule (Manual 
  Sec. 908), is privileged, and the Speaker may decline to recognize for 
  a matter not related to the proceedings. 7 Cannon Sec. 1010. Such 
  motions take precedence over business merely privileged under the 
  general rules of the House. 7 Cannon Sec. 1011. See Discharging 
  Measures From Committees.
      A matter may be sent to conference pursuant to a privileged motion 
  permitted by House Rule XX clause 1 where the motion has been 
  authorized by the committee (or committees) with jurisdiction over the 
  bill. Manual Sec. 827. See 94-2, Aug. 26, 1976, p 27831; 95-1, Oct. 
  12, 1977, p 33433. The motion is privileged at any time the House is 
  in possession of the papers if the appropriate committee has 
  authorized the motion and the Speaker in his discretion recognizes for 
  that purpose. 94-1, Mar. 20, 1975, p 7646. A motion to discharge or 
  instruct conferees is privileged under Rule XXVIII clause 1(c). See 
  Conferences Between the Houses.
      Precedence of secondary motions, see Amendments; Lay on the Table; 
  Postponement; Previous Question; Refer and Recommit; and 
  Reconsideration.



[[Page 633]]

 
                 POINTS OF ORDER; PARLIAMENTARY INQUIRIES

              A. Points of Order

  Sec.  1. In General; Form
  Sec.  2. Role of the Chair
  Sec.  3. Reserving Points of Order
  Sec.  4. Time to Raise Points of Order
  Sec.  5. -- Against Bills and Resolutions
  Sec.  6. -- Against Amendments
  Sec.  7. Application to Particular Questions; Grounds
  Sec.  8. Relation to Other Business
  Sec.  9. Debate on Points of Order; Burden of Proof
  Sec. 10. Waiver of Points of Order
  Sec. 11. Withdrawal of Points of Order
  Sec. 12. Appeals

              B. Parliamentary Inquiries

  Sec. 13. In General; Recognition
  Sec. 14. Subjects of Inquiry
  Sec. 15. Timeliness of Inquiry
  Sec. 16. As Related to Other Business
        Research References
          5 Hinds Secs. 6863-6975
          8 Cannon Secs. 3427-3458
          Manual Secs. 627, 637, 861b, 865

                            A. Points of Order


  Sec. 1 . In General; Form

                                 Generally

      A point of order is in effect an objection that the pending matter 
  or proceeding is in violation of a rule of the House. (Grounds for 
  point of order, see Sec. 7, infra.) Any Member (or any Delegate) may 
  make a point of order. 6 Cannon Sec. 240. Although there have been 
  rare instances in which the Speaker has insisted that the point of 
  order be reduced to writing (5

[[Page 634]]

  Hinds Sec. 6865), the customary practice is for the Member to rise and 
  address the Chair:

      Member: Mr. Speaker (or Mr. Chairman), I make a point of order 
    against the [amendment, section, paragraph].
      Chair: The Chair will hear the gentleman.

      It is appropriate for the Chair to determine whether the point of 
  order is being raised under a particular rule of the House. The 
  objecting Member should identify the particular rule that is the basis 
  for his point of order. 98-2, Oct. 2, 1984, p 28522.
      The proper method for opposing a point of order is to seek 
  recognition for that purpose at the proper time, not by making a point 
  of order against the point of order. 94-1, Sept. 18, 1975, p 29333.

                                  Effect

      Where a point of order is sustained against the consideration of a 
  bill, the bill is recommitted to the reporting committee (4 Hinds 
  Sec. 4382) or to its place on the appropriate calendar (7 Cannon 
  Sec. 869). If a bill is on the wrong calendar and the Chair sustains a 
  point of order against it for that reason, the bill is placed on the 
  appropriate calendar. 7 Cannon Sec. 869.
      During the consideration of a bill, if a Member raises a point of 
  order against certain language, and the Chair sustains the point of 
  order, the language is automatically stricken from the pending 
  proposition. 7 Cannon Sec. 2148.
      Paragraphs ruled out in Committee of the Whole on points of order 
  are not reported to the House. 4 Hinds Sec. 4906; 8 Cannon Sec. 2428. 
  Under the former practice, it was necessary to reserve points of order 
  against appropriation bills before resolving into Committee, but this 
  practice was eliminated in 1995 when the House adopted Rule XXI clause 
  8 (adopted in the 104th Congress, Jan. 4, p ____). Under clause 8, 
  points of order on general appropriation bills are ``considered as 
  reserved.'' Manual Sec. 849a.
      A point of order against any part of an amendment, if sustained, 
  is sufficient to invalidate the entire amendment. 5 Hinds Sec. 5784; 
  91-2, June 16, 1970, p 19841. A point of order may be directed against 
  an entire section of a bill or may be precisely aimed at a subpart 
  thereof. However, the entire section is vulnerable, and if a point of 
  order is sustained against a portion of a pending section the entire 
  section may be ruled out of order. 92-1, Nov. 4, 1971, pp 39281, 
  39286. A point of order may be sustained against an entire paragraph, 
  although only a portion is subject to objection. 5 Hinds Sec. 6883. 
  The stricken paragraph's headings and subheadings are likewise 
  eliminated. 8 Cannon Sec. 2353.

[[Page 635]]

                         Multiple Points of Order

      It is within the discretion of the Chair as to whether he will 
  entertain more than one point of order to a paragraph at the same 
  time. 89-2, Mar. 29, 1966, p 7103. As a rule, the Chair will decline 
  to decide a point of order raised against a proposition until all 
  other points of order on the same proposition have been submitted. 8 
  Cannon Sec. 2310. Indeed, the Chair may in his discretion require all 
  points of order against a pending proposition for alleged violation of 
  a particular House rule to be stated at the same time. This allows the 
  Chair to rule separately on each point of order in such order as he 
  determines. This procedure enables the Chair to save the time of the 
  House by hearing all points of order and then sustaining any valid 
  point of order without reaching all the others. 94-2, Sept. 28, 1976, 
  p 33020. Thus, where several points of order are made against an 
  amendment and the Chair sustains one of them, he need not rule on the 
  remaining points of order as the amendment is no longer pending. 95-2, 
  June 14, 1978, p 17647. Where the Chair entertains two points of order 
  against a provision, he may sustain only one of them even though both 
  points of order are conceded by the manager of the bill. 99-2, Aug. 1, 
  1986, p 18650.

                             Cross References

      Points of order based on particular rules or against particular 
  propositions are considered in many other articles in this work. See 
  for example Amendments; Appropriations; Consideration and Debate; 
  Germaneness of Amendments.


  Sec. 2 . Role of the Chair

                                 Generally

      In the House, under the rules, the Speaker decides ``all questions 
  of order, subject to an appeal by any Member.'' Rule I clause 4. 
  Manual Sec. 624. When a Speaker pro tempore occupies the Chair he 
  decides questions of order. When the House is in Committee of the 
  Whole the Chairman decides independently of the Speaker. 5 Hinds 
  Secs. 6927, 6928. At the organization of a new Congress, prior to the 
  election of a Speaker, questions of order are decided by the Clerk. 
  Manual Sec. 637. See also 1 Hinds Sec. 64.
      The Chair may examine the form of an offered amendment to 
  determine its propriety and may rule it out of order even where no 
  point of order is raised from the floor. 96-2, May 8, 1980, p 10421. 
  Ordinarily, however, the Chair will rule out a proposition only when a 
  point of order is raised, and only when he is required under the 
  circumstances to respond to the point of order. 98-1, June 7, 1983, p 
  14657. It is not the duty of the Speaker

[[Page 636]]

  to decide any question which is not directly presented in the course 
  of the proceedings of the House. 2 Hinds Sec. 1314.
      The Speaker may decline to rule on a point of order until he has 
  had time for examination and study (3 Hinds Sec. 2725; 8 Cannon 
  Secs. 2174, 2396) and on rare occasions he has submitted a question to 
  the House itself for a decision (4 Hinds Secs. 3282, 4930; 5 Hinds 
  Sec. 5323). In reaching a decision on a point of order, the Chair may 
  hear argument.
      Where a special rule has been adopted permitting only certain 
  amendments to be offered to a bill during its consideration in 
  Committee of the Whole, the Chair is guided by the explicit language 
  of the rule, if unambiguous, rather than the intention of the 
  Committee on Rules, in ruling on whether a specific amendment is in 
  the permitted class. 99-2, June 18, 1986, p 14267.
      The Chair may consider legislative history established during 
  debate on an amendment in resolving any ambiguity in the amendment 
  when ruling on a point of order against it. 95-2, June 14, 1978, p 
  17651.

                 Consideration of Prior Rulings; Reversals

      A decision by the Speaker or Chairman is a precedent in resolving 
  subsequent disputes where the same point of order is again in 
  controversy. In looking to precedents to resolve a point of order, the 
  House is applying a doctrine familiarly known to appellate courts as 
  stare decisis, under which a judge in making a decision will look to 
  earlier cases involving the same question of law. In the same way, the 
  House adheres to settled rulings, and will not lightly disturb those 
  which have been established by prior decision of the Chair. 2 Hinds 
  Sec. 1317; 6 Cannon Sec. 248; 1 Deschler p vi. But while the Chair 
  will normally not disregard a decision previously made on the same 
  facts, such precedents may be examined, distinguished and even 
  overruled where shown to be erroneous. 4 Hinds Sec. 4637; 8 Cannon 
  Secs. 2794, 3435; 99-2, Sept. 12, 1986, p 23178. Indeed the Chair may 
  after further argument reverse his own ruling on a point of order (8 
  Cannon Sec. 3435), where existing law not previously called to the 
  Chair's attention would require the ruling to be reversed (98-1, June 
  8, 1983, p 14877).


  Sec. 3 . Reserving Points of Order

                                 Generally

      A point of order against a proposition may be ruled out as 
  untimely if it is not made until after debate on the proposition has 
  begun. Sec. 4, infra. It is therefore a common practice for a Member 
  to reserve a point of order against an amendment and then, after 
  debate on an amendment, either press

[[Page 637]]

  or withdraw the point of order. 8 Cannon Sec. 3430; 91-1, Oct. 28, 
  1969, pp 31886, 31888. Reserving points of order against amendments, 
  see Amendments.
      The reservation of a point of order against an amendment is 
  permitted at the discretion of the Chair and does not require 
  unanimous consent. 93-2, Mar. 26, 1974, p 8264; 97-1, Oct. 14, 1981, 
  pp 23882, 23884. A Member wishing to reserve a point of order must 
  rise and address the Chair, and may not reserve a point of order 
  through private agreement with the Member in charge of the bill. 5 
  Hinds Sec. 6867. The reserving Member need not specify the basis of 
  his reservation. 93-1, July 19, 1973, pp 24950, 24951. But merely 
  reserving ``the right to object'' does not constitute the reservation 
  of a point of order. 92-2, Apr. 18, 1972, p 13114.

                           Effect of Withdrawal

      The reservation of a point of order being withdrawn, another 
  Member may immediately renew it (86-1, July 28, 1959, p 14524), or 
  press another point of order (87-2, Mar. 27, 1962, p 5164). Thus, 
  where a Member reserves a point of order against an amendment and 
  then, after debate on the amendment, withdraws the point of order, the 
  point of order may be renewed by another Member. 91-1, Oct. 28, 1969, 
  pp 31886, 31888. Withdrawal of points of order generally, see Sec. 11, 
  infra.


  Sec. 4 . Time to Raise Points of Order

                                 Generally

      Unless otherwise provided by the House rules, a point of order 
  against a proposition should be made when the proposition is presented 
  for consideration, not after such consideration has begun. 5 Hinds 
  Sec. 6888. This rule is applied to points of order against bills and 
  resolutions as well as points of order against various motions, such 
  as the motion to recommit. A point of order against a motion to 
  recommit a bill on the basis that it contains an amendment seeking to 
  change an amendment already adopted by the House must be made after 
  the motion is read, and comes too late after there has been debate 
  thereon. 97-2, May 13, 1982, p 9838. A point of order against a report 
  involving the privileges of the House is properly raised after the 
  report is read. 89-2, Oct. 18, 1966, pp 27439-48.
      Under the rules of the House, certain points of order may be 
  raised ``at any time.'' For example, a point of order may be raised 
  ``at any time'' under clause 5(a) Rule XXI, which prohibits the 
  inclusion of appropriations in a bill reported by a legislative 
  committee. Manual Sec. 846a. A point of order may likewise be raised 
  ``at any time'' under Rule XXI clause 5(b),

[[Page 638]]

  which prohibits committees from reporting tax or tariff measures if 
  they do not have jurisdiction over such measures. Manual Sec. 846b. 
  Such a point of order may be directed against the prohibited language 
  whether appearing in a bill or an amendment thereto, but in either 
  case should be raised during the reading for amendment under the five-
  minute rule. See Deschler Ch 25 Sec. 12.14.

                       Effect of Intervening Debate

      A point of order against a proposition will ordinarily be ruled 
  out as untimely if debate on the merits of the proposition has already 
  begun. 5 Hinds Secs. 6891-6901; 8 Cannon Sec. 3440. However, the Chair 
  will not permit brief debate to preclude a point of order made by a 
  Member who has shown due diligence. 5 Hinds Sec. 6906. The Chair may 
  recognize for a point of order against language in a bill 
  notwithstanding intervening debate where the Member raising the point 
  of order was on his feet, seeking recognition, before debate began. 
  86-1, May 11, 1959, p 7905. Indeed, a Member who is on his feet 
  seeking recognition at the proper time to make a point of order may be 
  recognized by the Chair even though the Clerk has read past the 
  language to which the point of order applies. 87-1, Sept. 15, 1961, p 
  19729; 91-2, June 4, 1970, p 18395. But the mere fact that a Member 
  was on his feet does not entitle him to make a point of order where he 
  has not affirmatively sought recognition at the time the language 
  complained of was read for amendment. 91-2, Apr. 14, 1970, p 11648.

                     Effect of Intervening Amendments

      A point of order against a proposition is untimely if it is not 
  raised until after an amendment to the proposition has been offered. 5 
  Hinds Secs. 6907-6911; 8 Cannon Sec. 3443. The point of order may be 
  precluded even by a pro forma amendment. 8 Cannon Sec. 3445.
      Points of order against a bill or portion thereof are considered 
  by the Chair prior to recognition of Members to offer amendments. 86-
  1, July 28, 1959, p 14529; 93-2, June 21, 1974, pp 20591, 20592. 
  Points of order against a paragraph of a bill are considered by the 
  Chair before Members are recognized to offer amendments to that 
  paragraph. 91-2, June 4, 1970, p 18395. If by unanimous consent a bill 
  is considered read and open to amendment at any point, points of order 
  should be stated before any amendments are offered. 87-2, Oct. 3, 
  1962, p 21883.
      While the reservation of a point of order by one Member inures to 
  all Members who may then make the point of order when entertained by 
  the Chair, withdrawal of a reservation by one Member requires other 
  Members to either make or continue to reserve the point of order at 
  that point, and

[[Page 639]]

  a further reservation comes too late after there has been subsequent 
  debate. 97-2, Dec. 15, 1982, p 30939.


  Sec. 5 . -- Against Bills and Resolutions

      Where a point of order against a measure would, if sustained, 
  prevent its consideration, the appropriate time to make the point of 
  order is when the measure is called up in the House or pending the 
  motion to resolve into the Committee of the Whole (8 Cannon 
  Sec. 2252), whichever procedure represents initial consideration of 
  the measure. 94-1, Sept. 10, 1975, p 28270. A Member may not insist on 
  a point of order against the consideration of a bill where the manager 
  of the bill withdraws the motion that the House resolve itself into 
  the Committee of the Whole for consideration of the bill (96-1, Dec. 
  3, 1979, p 34385); the point of order must be made anew if and when 
  the motion is again made to resolve into Committee for consideration 
  of that bill. 96-1, Dec. 3, 1979, p 34385.
      A point of order against a resolution is properly raised when the 
  resolution is called up, before debate thereon. 88-2, Aug. 19, 1964, p 
  20212. A point of order relating to the manner in which a resolution 
  should be considered should be made before such consideration begins. 
  5 Hinds Sec. 6890. And a point of order that the text of a privileged 
  resolution does not reflect the action of the reporting committee 
  comes too late after there has been debate on the resolution. 91-2, 
  Aug. 5, 1970, pp 27449-51.


  Sec. 6 . -- Against Amendments

      A point of order against an amendment should be raised when the 
  amendment is offered. Where a measure is being considered in Committee 
  of the Whole, points of order are raised during the reading for 
  amendment. Once the amendment is agreed to and reported to the House, 
  it is too late to raise a point of order against it, the proper time 
  having been at the point the amendment was offered in Committee. 92-2, 
  June 1, 1972, pp 19479, 19481, 19483. The point of order is properly 
  made (or reserved) immediately after the reading of the amendment (89-
  2, Mar. 29, 1966, pp 7115, 7118; 92-1, Mar. 10, 1971, pp 5856-58; 94-
  1, July 8, 1975, p 21628), or following agreement to a unanimous-
  consent request that the amendment be considered as read (92-2, Mar. 
  29, 1972, pp 10749-51). And it should be disposed of before amendments 
  to that amendment are offered. 96-1, Mar. 21, 1979, pp 5779-82. 
  Generally, see Amendments.

[[Page 640]]

  Sec. 7 . Application to Particular Questions; Grounds

      A point of order must ordinarily be based on an objection that the 
  pending matter or proceeding is in violation of some rule of the 
  House. And it is always appropriate for the Chair to ascertain or 
  identify the particular rule being invoked. 98-2, Oct. 2, 1984, p 
  28522. While questions of order arising under the rules are determined 
  by the Chair, he does not:

     Decide hypothetical questions. 6 Cannon Secs. 249, 253; 101-1, 
         Nov. 20, 1989, p ____.
     Determine the legal effect of propositions. 8 Cannon 
         Secs. 2280, 2841; 98-1, Mar. 16, 1983, p 5669.
     Rule on the consistency of proposed actions of the House. 2 
         Hinds Secs. 1327-1336; 8 Cannon Secs. 3237, 3458.
     Construe the constitutional powers of the House. 2 Hinds 
         Secs. 1255, 1318-1320; 8 Cannon Secs. 2225, 3031, 3071, 3427.
     Rule on the propriety or expediency of a proposed course of 
         action. 2 Hinds Secs. 1275, 1337.
     Consider contingencies which may arise in the future. 7 Cannon 
         Sec. 1409.
     Determine the legislative effect of the adoption of an 
         amendment. 99-2, Aug. 7, 1986, p 19675.


  Sec. 8 . Relation to Other Business

      When a point of order is raised against a proposition, 
  consideration of that proposition is precluded until the point of 
  order is disposed of. The Chair should rule on the point of order 
  before proceeding to other questions, such as the method of voting on 
  the pending matter. 8 Cannon Sec. 3432. A timely point of order may be 
  given precedence even over a parliamentary inquiry. 95-1, June 7, 
  1977, p 17714. An amendment may not be offered to a proposition 
  against which a point of order is pending. 8 Cannon Sec. 2824. And the 
  previous question may not be demanded on a proposition until the point 
  of order is resolved. 8 Cannon Secs. 2681, 3433. Debate on the merits 
  of the proposition is likewise precluded. 5 Hinds Sec. 5055; 8 Cannon 
  Sec. 2556.


  Sec. 9 . Debate on Points of Order; Burden of Proof

                          In General; Recognition

      Recognition for debate on a point of order is extended at the 
  discretion of the Chair. 8 Cannon Secs. 3446-3448. Members seeking to 
  be heard must address the Chair and cannot engage in ``colloquies'' on 
  the point of order. 99-2, Sept. 18, 1986, p 24084. The time to be 
  allowed for debate on a point of order is likewise within the 
  discretion of the Chair. A Member speaking on a point of order does 
  not control a fixed amount of time which he can

[[Page 641]]

  reserve or yield. 5 Hinds Sec. 6919; 94-2, Sept. 30, 1976, p 34075; 
  95-2, Feb. 23, 1978, p 4451. Where a point of order is conceded by the 
  manager of the bill, the Chair may sustain the point of order without 
  debate or comment. 86-2, Apr. 12, 1960, p 7941.

                              Scope of Debate

      The rule that debate on questions of order must be relevant is 
  strictly construed. 8 Cannon Sec. 3449. Debate is limited to the 
  question of order and may not go to the merits of the proposition 
  being considered. 90-1, July 19, 1967, p 19412; 91-2, Nov. 25, 1970, p 
  38971; 94-2, June 24, 1976, p 20371.
      The Chair will not entertain unanimous-consent requests to permit 
  Members to revise and extend their remarks on points of order. 94-2, 
  Sept. 22, 1976, p 31874.

                              Burden of Proof

      The proponents of an amendment have the burden of proof where a 
  point of order is raised against the amendment on the ground that it 
  is not germane (8 Cannon Sec. 2995) or on the ground that it is 
  unauthorized (7 Cannon Sec. 1179). Under House practice, those 
  upholding an item in an appropriation have the burden of showing the 
  law authorizing it. 4 Hinds Sec. 3597; 7 Cannon Secs. 1179, 1276. See 
  also 8 Cannon Sec. 2387. Thus, a point of order having been raised, 
  the burden of proving the authorization for language carried in an 
  appropriation bill falls on the proponents and managers of the bill. 
  Deschler Ch 26 Sec. 9.4.
      Where a point of order is raised against consideration of a bill 
  on the ground that the report thereon does not adequately reflect all 
  changes in existing law as required by Rule XIII clause 3--the 
  Ramseyer rule--the proponent of the point of order has the burden of 
  proof and must cite the specific statute that will be affected by the 
  pending bill; in the absence of such citation the point will not be 
  entertained. 8 Cannon Sec. 2246.


  Sec. 10 . Waiver of Points of Order

                                 Generally

      A point of order may be deemed waived where it is not raised in 
  timely fashion. And where a motion which might have been subject to 
  objection is, in the absence of a point of order, agreed to, it 
  represents the will of the House and governs its procedure until the 
  House orders otherwise. 90-2, Oct. 8, 1968, pp 30212-14.
      Points of order may also be waived by unanimous consent. Indeed, 
  in one instance, by unanimous consent, the House agreed to waive all 
  points

[[Page 642]]

  of order against an unspecified House amendment to be offered by a 
  designated Member to a Senate amendment not yet passed by the Senate. 
  97-2, Dec. 20, 1982, p 32943.

                              By Special Rule

      Special ``rules'' or resolutions from the Committee on Rules 
  providing for the consideration of a bill often contain provisions 
  expressly waiving points of order against the bill or certain language 
  therein. 7 Cannon Sec. 769; 90-2, May 8, 1968, p 12220. A resolution 
  waiving points of order against a certain provision in a bill has been 
  agreed to by the House even after general debate on the bill has been 
  concluded and reading for amendment has begun. 91-1, May 21, 1969, p 
  13246. Such waivers will not be implied merely from the fact that the 
  special rule provides for consideration of the bill. 98-1, Mar. 22, 
  1983, p 6502.
      A special rule may limit its waiver to a single point of order or 
  be so drafted as to constitute a blanket waiver of all points of 
  order. But where a resolution providing for the consideration of a 
  bill specifies that ``all points of order against said bill are hereby 
  waived,'' the waiver is applicable only to the text of the bill and 
  not to amendments. 90-2, May 1, 1968, p 11305.
      For further discussion, see Special Rules. See also Consideration 
  and Debate.


  Sec. 11 . Withdrawal of Points of Order

      A point of order may be withdrawn at any time before the Chair 
  rules on the point. 8 Cannon Sec. 3430. Once withdrawn, the point may 
  immediately be renewed by another Member. 5 Hinds Secs. 6875, 6906; 8 
  Cannon Secs. 3429, 3430. As a rule, a point of order must be pressed 
  when the Chair inquires whether the objecting Member wishes to insist 
  upon it, and comes too late after that Member has stated that he does 
  not insist on his point of order and further debate has intervened. 
  95-2, Aug. 2, 1978, pp 23921, 23922.


  Sec. 12 . Appeals

      A ruling of the Chair on a point of order may be subject to 
  challenge through an appeal by a Member. 5 Hinds Secs. 6938, 6939. 
  Indeed, the right of appeal from decisions of the Speaker on questions 
  of order is provided for by the House rules (Rule I clause 4). Manual 
  Secs. 624, 628. An appeal may also be taken from the ruling of the 
  Chairman of the Committee of the Whole on a point of order. 95-1, June 
  7, 1977, p 17714; 96-1, May 16, 1979, p 11472; 98-2, June 26, 1984, p 
  18861.

[[Page 643]]

      However, a decision on a question of order is not subject to an 
  appeal if the decision is one which falls within the discretionary 
  authority of the Chair. Rulings on questions involving vote counts, 
  for example, traditionally fall within this category. 94-2, June 24, 
  1976, p 20391. Similarly, because the Chair is exercising 
  discretionary authority, no appeal lies from responses to 
  parliamentary inquiries (5 Hinds Sec. 6955; 8 Cannon Sec. 3457), 
  decisions on recognition (2 Hinds Secs. 1425-1428; 8 Cannon 
  Secs. 2429, 2646, 2762), decisions on the dilatoriness of motions (5 
  Hinds Sec. 5731), or from decisions refusing a recapitulation of a 
  vote (8 Cannon Sec. 3128).
      An appeal from a ruling of the Chair declining to consider the 
  question of the constitutionality of a provision is not in order, such 
  question being a matter for the House to determine by its vote on the 
  merits. 93-1, May 10, 1973, pp 15290, 15291.
      The Speaker's refusal under Rule XV clause 6(e) to entertain a 
  point of order of no quorum when a pending question has not been put 
  to a vote is not subject to an appeal, since that rule contains an 
  absolute and unambiguous prohibition against such a point of order; to 
  allow an appeal in such a case would permit a direct change in the 
  rule itself. 95-1, Sept. 16, 1977, p 29594.
      Debate on appeals, see Appeals.


                        B. Parliamentary Inquiries


  Sec. 13 . In General; Recognition

      Recognition of Members for the purpose of propounding 
  parliamentary inquiries is within the discretion of the Chair. 6 
  Cannon Sec. 541; 90-2, Sept. 11, 1968, pp 26453-56; 103-1, May 26, 
  1993, p ____. Inquiries concerning the parliamentary situation on the 
  floor are properly directed to the Chair, and it is not in order for a 
  Member to address them to the official reporters. 90-2, May 22, 1968, 
  pp 14375 et seq. The Chair may delay his response to a parliamentary 
  inquiry pending examination of relevant House precedents. 8 Cannon 
  Sec. 2174; 95-2, Oct. 13, 1978, p 37016. Responses to parliamentary 
  inquiries are not subject to appeal. 5 Hinds Sec. 6955; 8 Cannon 
  Sec. 3457.
      The Chair may take a parliamentary inquiry under advisement (8 
  Cannon Sec. 2174), especially where the inquiry does not relate to the 
  pending proceedings of the House. 103-1, May 26, 1993, p ____.

[[Page 644]]

  Sec. 14 . Subjects of Inquiry

                                 Generally

      Parliamentary inquiries concerning the anticipated order of 
  business may be entertained by the Chair. 90-2, Sept. 11, 1968, pp 
  26453-56. The status of the Clerk's progress in reading a document is 
  also a proper subject for a parliamentary inquiry. 90-2, Oct. 8, 1968, 
  p 30100. And the Speaker may respond to parliamentary inquiries 
  concerning his authority as presiding officer. 95-1, Feb. 16, 1977, pp 
  4503, 4504. But a Member may not, under the guise of a parliamentary 
  inquiry, offer a motion or other proposition; he must have the floor 
  in his own right for that purpose. 8 Cannon Sec. 2625.
      The Chair may decline to entertain an inquiry on a subject not 
  relevant to the pending question. 92-2, June 8, 1972, p 20339; 103-1, 
  June 10, 1993, p ____. The Chair does not respond to hypothetical 
  questions raised under the guise of a parliamentary inquiry. 89-1, 
  Mar. 26, 1965, p 6114; 90-1, Mar. 1, 1967, p 4997. The Chair has 
  declined, for example, to anticipate whether language in a measure 
  would trigger certain executive actions. 101-1, Sept. 20, 1989, p 
  ____.
      Although the Chair responds to parliamentary inquiries concerning 
  the application of the rules and precedents to a pending or otherwise 
  pertinent situation, he does not rule on questions not yet presented, 
  such as the allocation of debate time on a conference report not yet 
  filed. 103-1, Aug. 4, 1993, p ____.

                             As to Amendments

      The construction or meaning of an amendment is not a proper 
  subject for a parliamentary inquiry as such matters are for the House 
  and not the Chair to determine. 89-2, Oct. 12, 1966, p 26205; 95-2, 
  Aug. 1, 1978, p 23625; 98-2, May 23, 1984, p 13928. And it is not a 
  proper parliamentary inquiry to ask the Chair to characterize an 
  amendment on which a separate vote has been demanded. 98-2, May 31, 
  1984, p 14677.

                            As to House Orders

      The Chair may, in his discretion, entertain a parliamentary 
  inquiry to permit an explanation of a pending House order. 99-1, June 
  19, 1985, p 16367. But it is not a proper parliamentary inquiry to ask 
  the Chair whether a resolution, reported from the Committee on Rules 
  but not yet called up for consideration, would have the effect of 
  violating the rights of Members; the Chair does not render advisory 
  opinions. 99-2, Oct. 14, 1986, p 30862. Questions concerning informal 
  guidelines of the Committee on Rules for advance submission of 
  amendments for possible inclusion under a special rule

[[Page 645]]

  may not be raised under the guise of a parliamentary inquiry. 100-2, 
  May 5, 1988, p 9938.


  Sec. 15 . Timeliness of Inquiry

                                 Generally

      The Chair may decline to respond to a parliamentary inquiry that 
  is untimely. The Chair does not respond to a parliamentary inquiry 
  concerning the propriety of a proposition until the proposition is 
  offered. 90-1, June 28, 1967, p 17754.

                       Inquiries Raised During Votes

      The Chair may refuse to entertain a parliamentary inquiry during a 
  vote that is not related to the vote (90-1, June 28, 1967, p 17748), 
  and may decline to recognize for that purpose during a roll call vote 
  (87-1, Sept. 6, 1961, p 18256). However, the Chair at that time may in 
  his discretion entertain an inquiry relating to the conduct of the 
  call. 95-2, Mar. 14, 1978, p 6840. And while a parliamentary inquiry 
  may not interrupt a division, such inquiries are entertained until the 
  Chair asks those in favor of the proposition to rise. 89-2, Sept. 29, 
  1966, pp 24455-57. Similarly, the Speaker may entertain a 
  parliamentary inquiry after the yeas and nays are ordered, but prior 
  to the vote. 90-1, Oct. 25, 1967, pp 29933, 29942-44.
      The Chair may decline to entertain a parliamentary inquiry as the 
  cost of conducting the pending vote on the ground that the inquiry is 
  not relevant to the pending question. 103-1, June 10, 1993, p ____.


  Sec. 16 . As Related to Other Business

      A parliamentary inquiry may interrupt matters of high privilege, 
  such as an impeachment proceeding. 6 Cannon Sec. 541. However, during 
  the reading of a bill for amendment, a parliamentary inquiry may not 
  interrupt the reading of a paragraph or section of the bill. 8 Cannon 
  Sec. 2873. And a roll call may not be interrupted for a parliamentary 
  inquiry. 8 Cannon Sec. 3132.
      The reading of the Journal may be interrupted by a parliamentary 
  inquiry (6 Cannon Sec. 624), and the Speaker may entertain a 
  parliamentary inquiry relating to the order of business prior to the 
  approval of the Journal (96-1, Feb. 28, 1979, pp 3465, 3466).

                               During Debate

      A Member may not propound a parliamentary inquiry during debate 
  unless yielded to for that purpose by the Member controlling the 
  debate in the House. 98-1, Nov. 18, 1983, p 34055; 99-2, Oct. 1, 1986, 
  p 27466. A

[[Page 646]]

  Member may not be taken from the floor by a parliamentary inquiry. 86-
  2, May 26, 1960, p 11267; 89-1, July 22, 1965, p 17931. He may not be 
  interrupted by a parliamentary inquiry without his consent, and if the 
  Member who has the floor refuses to yield and demands the regular 
  order the Chair will not recognize another Member to propound the 
  inquiry. 94-1, July 8, 1975, p 21628.
      While time consumed by a parliamentary inquiry is charged to the 
  Member controlling time who yields for that purpose, the Chair may 
  exercise his discretion to recognize a Member for a parliamentary 
  inquiry when no other Member has the floor, thus consuming no time of 
  the Members controlling debate. 103-1, Mar. 17, 1993, p ____.



[[Page 647]]

 
                               POSTPONEMENT

   Sec. 1. Postponement Generally
   Sec. 2. Motion to Postpone to a Day Certain
   Sec. 3. -- Precedence
   Sec. 4. -- Application to Particular Propositions
   Sec. 5. -- Debate and Amendment
   Sec. 6. Motion to Postpone Indefinitely
   Sec. 7. -- Precedence; Application to Other Motions
   Sec. 8. -- Debate and Amendment
        Research References
          5 Hinds Secs. 5306-5318
          8 Cannon Secs. 2613-2617
          7 Deschler Ch 23
          Manual Secs. 443-453, 631, 782, 786, 809

  Sec. 1 . Postponement Generally

                           Authority for Motion

      In the House, under Rule XVI clause 4, a matter under debate may 
  be postponed to a future day (or indefinitely) pursuant to a motion by 
  any Member. Manual Sec. 782. (As to the Speaker's authority to 
  postpone proceedings on certain questions for a period not to exceed 
  two legislative days, see Voting.) A matter may also be postponed 
  pursuant to the provisions of a resolution. Deschler Ch 23 Sec. 8.1. 
  And in some instances the postponement of the consideration of a 
  particular class of legislation has been recognized in statutes which 
  reserve to the Congress the right to review certain executive branch 
  actions. See Manual Sec. 1013. See e.g., the Trade Act of 1974 (19 USC 
  Sec. 2192).

                           Postponement Motions

      In the House, there are two motions to postpone: (1) the motion to 
  postpone to a day certain, and (2) the motion to postpone a matter 
  indefinitely. Both are permitted by House Rule XVI clause 4. Under 
  that rule, the motion to postpone to a day certain takes precedence 
  over the motion to postpone indefinitely. The rule further provides 
  that, once decided, neither the motion

[[Page 648]]

  to postpone indefinitely nor the motion to postpone to a day certain 
  may be made on the same day at the same stage of the question. Manual 
  Sec. 782.
      The two motions are distinguishable in many respects:

     The motion to postpone to a day certain takes precedence over 
         various secondary motions in clause 4, including the motions to 
         refer or to amend (Sec. 3, infra), whereas the motion to 
         postpone indefinitely yields to all those secondary motions 
         (Sec. 7, infra).
     The motion to postpone to a day certain is debatable only 
         within narrow limits (Sec. 5, infra), whereas debate on the 
         motion to postpone indefinitely may be extended even to the 
         merits of the pending proposition (Sec. 8, infra).
     The motion to postpone to a day certain merely suspends 
         consideration of the pending measure until the date specified 
         (Sec. 2, infra), whereas the motion to postpone indefinitely 
         has the effect of finally disposing of the pending matter 
         adversely (Sec. 6, infra).

            Postponement of Measures in Committee of the Whole

      The motion to postpone, either to a day certain or indefinitely, 
  is not in order in the Committee of the Whole. Deschler Ch 23 Sec. 5. 
  And it is not in order in the House to move to postpone a bill where 
  the bill is still being considered in the Committee. 4 Hinds 
  Sec. 4915; 8 Cannon Sec. 2436. However, unless barred by the special 
  rule that governs the consideration of the pending bill, it is in 
  order in the Committee to move that a bill be reported to the House 
  with the recommendation that action on it be postponed. 4 Hinds 
  Sec. 4765; 8 Cannon Sec. 2372; Deschler Ch 23 Sec. 5.
      Disposition of unfinished matters, see Unfinished Business.


  Sec. 2 . Motion to Postpone to a Day Certain

                               When in Order

      The motion to postpone to a particular day is authorized by Rule 
  XVI clause 4 when a question is under debate. Manual Sec. 782. The 
  motion is in order in the House and when the House is sitting as in 
  Committee of the Whole. 95-1, Nov. 1, 1977, p 36351. The motion is in 
  order following the reading of the pending proposition (Deschler Ch 28 
  Sec. 6.2), and may be offered before the manager of the proposition 
  has been recognized for debate (96-2, Oct. 2, 1980, pp 28953-78). It 
  is not in order after the previous question has been ordered on the 
  pending matter. 5 Hinds Secs. 5319-5321; 8 Cannon Secs. 2616, 2617; 
  Deschler Ch 23 Sec. 6.1.
      A motion to postpone to ``the next legislative day'' is construed 
  as a motion to postpone to a day certain. 8 Cannon Sec. 2657.
      The motion to postpone to a day certain may not specify a 
  particular hour. 5 Hinds Sec. 5307; Deschler Ch 23 Sec. 5.

[[Page 649]]

      It is not in order to move to postpone consideration of business 
  to a day certain if that day is Calendar Wednesday (8 Cannon 
  Sec. 2614), except by unanimous consent (7 Cannon Sec. 970).

                                   Forms


      In the House

      Member: Mr. Speaker, I move that the [further] consideration of 
    House Resolution 321 be postponed until Friday next.


      In Committee of the Whole

      Member: Mr. Chairman, I move that the Committee now rise and 
    report the bill back to the House with the recommendation that 
    further consideration be postponed until Friday next.

                             Effect of Motion

      When the House adopts a motion to postpone a measure to a day 
  certain, the effect is to suspend consideration of the measure until 
  the day specified in the motion. 8 Cannon Sec. 2614. A subsequent 
  motion providing for an earlier consideration of the matter is not in 
  order. 5 Hinds Sec. 5308.

                      Application of Motion to Table

      The motion to postpone to a day certain is subject to the motion 
  to lay on the table. 96-2, May 30, 1980, p 12825. The adoption of the 
  motion to table does not carry the bill to the table, however, but 
  only the motion to postpone. 8 Cannon Sec. 2657.

                                  Voting

      A motion to postpone a proposition to a day certain may be 
  determined by a simple majority vote, even though the proposition 
  itself may require a two-thirds vote for passage. 7 Cannon Sec. 1112. 
  A bill which comes before the House on the day scheduled for it by a 
  special rule likewise may be postponed by a majority vote. 4 Hinds 
  Sec. 3177.
      The vote on a motion to postpone a measure to a day certain is 
  subject to a motion to reconsider. 5 Hinds Sec. 5643.


  Sec. 3 . -- Precedence

      The motion to postpone to a day certain is listed fourth among 
  those motions which enjoy precedence when a question is under debate. 
  See Rule XVI clause 4. It follows the motions to adjourn, to lay on 
  the table, and for the previous question, and thus must yield to these 
  more privileged motions. 5 Hinds Sec. 5301; 8 Cannon Sec. 2609. On the 
  other hand, the motion en-

[[Page 650]]

  joys precedence over the motions to refer, to amend, or to postpone 
  indefinitely. Manual Sec. 782. See also 5 Hinds Sec. 5301. The motion 
  also takes precedence over the question of passing a bill vetoed by 
  the President. Deschler Ch 23 Sec. 7.1.
      In Committee of the Whole, where not precluded by a special rule 
  ordering the previous question, the motion to recommend postponement 
  of a bill to a day certain takes precedence over the motion to amend 
  (8 Cannon Sec. 2615), but yields to a motion to report the bill with 
  the recommendation that it pass (4 Hinds Sec. 4765) and to a motion to 
  report the bill with a recommendation that it lie on the table (4 
  Hinds Sec. 4777).


  Sec. 4 . -- Application to Particular Propositions

      The motion to postpone to a day certain has been applied to a wide 
  variety of measures and questions, it being reasoned that otherwise 
  the majority of the House could not exercise its will over the 
  consideration of its business. 8 Cannon Sec. 2613. However, the motion 
  must be applied to the entire pending proposition, and not merely to a 
  part thereof. 5 Hinds Sec. 5306.
      The motion to postpone consideration of a matter to a day certain 
  is applicable to such propositions as:

     A bill coming before the House pursuant to a special rule 
         assigning the day for its consideration. 4 Hinds Sec. 3177.
     Veto messages (4 Hinds Secs. 3542-3547; 7 Cannon Secs. 1105, 
         1112), notwithstanding the constitutional mandate that the 
         House ``shall proceed to reconsider'' a vetoed bill (7 Cannon 
         Sec. 1101). See also Deschler Ch 23 Sec. 7.1.
     A resolution of disapproval. Deschler Ch 23 Sec. 6.3.
     A resolution of censure reported from the Committee on 
         Standards of Official Conduct. 96-2, May 29, 1980, p 12650; 96-
         2, Oct. 2, 1980, pp 28953-78.
     An appeal from the decision of the Chair. 8 Cannon Sec. 2613.

      The motion to postpone to a day certain is not applicable to:

     A motion to discharge a committee under Rule XXVII clause 4. 
         Deschler Ch 23 Sec. 6.4.
     A special rule from the Committee on Rules providing for the 
         consideration of an entire class of bills (5 Hinds Sec. 4958) 
         or providing for consideration of a particular bill (Rule XI 
         clause 4(b).

  Sec. 5 . -- Debate and Amendment

      The motion to postpone to a day certain is subject to amendment (5 
  Hinds Sec. 5754; 8 Cannon Sec. 2824) and is debatable within narrow 
  limits (5

[[Page 651]]

  Hinds Sec. 5309). Debate is limited to the advisability of 
  postponement only and may not go to the merits of the proposition to 
  be postponed. 5 Hinds Secs. 5310-5315; Deschler Ch 23 Sec. 5; 8 Cannon 
  Sec. 2372; 96-2, May 29, 1980, pp 12649-59. This limitation on debate 
  is also applied to the motion that the Committee of the Whole rise and 
  report with the recommendation that consideration of a measure be 
  postponed to a day certain; such debate is confined to the 
  advisability of postponement and does not extend to the merits of the 
  question under consideration. 8 Cannon Sec. 2372.
      In the House a motion to postpone to a day certain is debatable 
  for one hour, controlled by the Member offering the motion. 96-2, Oct. 
  2, 1980, pp 28953-78; 96-2, May 29, 1980, p 12650. He may seek 
  recognition to move the previous question on the motion and thereby 
  terminate debate and preclude amendment. Deschler Ch 23 Sec. 7.2. Of 
  course, if a motion to table the motion is agreed to, debate on and 
  amendments to the motion to postpone are precluded. 8 Cannon 
  Sec. 2654.


  Sec. 6 . Motion to Postpone Indefinitely

                         Authorization and Effect

      The motion to postpone indefinitely is authorized under Rule XVI 
  clause 4. Manual Sec. 782. When the House adopts a motion to postpone 
  a measure indefinitely, the action constitutes a final adverse 
  disposition of that measure. Deschler Ch 23 Sec. 5.

                                Application

      The motion to postpone indefinitely has been held not to apply to 
  a veto message from the President (4 Hinds Sec. 3548), a ruling which 
  would appear to be reinforced by the constitutional mandate that the 
  House must ``proceed to reconsider'' the measure. U.S. Const. art. I 
  Sec. 7. However, the motion has been applied to the various other 
  legislative propositions, including:

     House bills with Senate amendment. 5 Hinds Sec. 6200.
     Senate bills with House amendments. 5 Hinds Sec. 6199.
     Resolutions of disapproval. Deschler Ch 23 Sec. 6.3.
     Resolutions relating to the election of House officers. 5 
         Hinds Sec. 5318.

      It should be noted that the motion to postpone indefinitely must 
  be applied to the entire pending proposition, and not merely to a part 
  thereof. 5 Hinds Sec. 5306.

[[Page 652]]

                                   Forms


      In the House

      Member: Mr. Speaker, I move that the [further] consideration of 
    ________ be postponed indefinitely.


      In Committee of the Whole

      Member: Mr. Chairman, I move that the Committee rise and report 
    the bill back to the House with the recommendation that the 
    [further] consideration of __________ be postponed indefinitely.


  Sec. 7 . -- Precedence; Application to Other Motions

      In 1822, the House amended the rule (Rule XVI clause 4, Manual 
  Sec. 782) which governs the precedence of secondary motions in order 
  when a question is under debate. This amendment took the motion to 
  postpone indefinitely from its place immediately after the motion for 
  the previous question, and relegated it to the end of the list, where 
  it remains to this day. Accordingly, the motion to postpone 
  indefinitely enjoys no precedence over the other secondary motions, 
  and indeed must yield to the motion to adjourn, lay on the table, for 
  the previous question, to postpone to a day certain, to refer, and to 
  amend. 5 Hinds Sec. 5301. See also Deschler Ch 23 Sec. 8.1 (note). 
  Because of its low preferential status, the motion is thus seldom used 
  in the modern practice. It has been held specifically inapplicable to:

     Motions to refer. 5 Hinds Sec. 5317.
     Motions to suspend the rules. 5 Hinds Sec. 5322.
     Motions to resolve into Committee of the Whole. 6 Cannon 
         Sec. 726.
     Motions to discharge a committee under Rule XXVII clause 4. 
         Deschler Ch 23 Sec. 6.4.

  Sec. 8 . -- Debate and Amendment

      The motion to postpone indefinitely is not amendable. Deschler Ch 
  23 Sec. 8.1 (note). But the motion is open to debate, including debate 
  on the merits of the pending proposition. 5 Hinds Sec. 5316.
      Debate on the motion may be precluded by statute with respect to a 
  particular class of legislation. See, for example, the Trade Act of 
  1974, Sec. 152(d)(3). Notwithstanding such a statute, the House may 
  nevertheless permit debate on the motion by unanimous consent. 98-1, 
  Aug. 1, 1983, pp 21899, 21900.



[[Page 653]]

 
                             PREVIOUS QUESTION

   Sec. 1. In General
   Sec. 2. Offering the Motion
   Sec. 3. -- When in Order; Quorum Requirements
   Sec. 4. -- Who May Offer
   Sec. 5. Precedence; Intervention of Other Matters
   Sec. 6. -- Precedence Over Other Motions
   Sec. 7. Scope of Motion; Application to Particular Propositions
   Sec. 8. Debate on Motion; Consideration and Disposition
   Sec. 9. Effect
  Sec.  10. -- On Debate Generally
  Sec.  11. -- On Divided Debate
  Sec.  12. -- On Amendments
  Sec.  13. Recommittal
  Sec.  14. Reconsideration
  Sec.  15. Rejection of Motion -- As Permitting Further Consideration
  Sec.  16. -- As Affecting Recognition
  Sec.  17. Effect of Adjournment When Previous Question Pending
        Research References
          5 Hinds Secs. 5443-5520, 5569-5604
          8 Cannon Secs. 2661-2694
          7 Deschler Ch 23 Secs. 14-24
          Manual Secs. 461-463, 804-811

  Sec. 1 . In General

                           Function and Purpose

      The motion for the previous question is used during the 
  consideration of a matter to terminate debate, foreclose the offering 
  of amendments, and to bring the House to an immediate vote on the main 
  question. Sec. 9, infra. It is the only motion used for this purpose 
  in the House. 5 Hinds Sec. 5456; 8 Cannon Sec. 2662. It is authorized 
  by Rule XVII clause 1 (Manual Sec. 804) and is an essential motion in 
  the procedure of the House.
      The import of the previous question, in Jefferson's language, is 
  ``shall the main question be now put?'' Manual Sec. 452. If the House 
  by majority

[[Page 654]]

  vote agrees to the motion, consideration ordinarily ceases and the 
  House is brought to a direct vote on the pending proposition. Manual 
  Sec. 804. If the House disagrees to the motion, it throws the main 
  question open to further consideration (Sec. 15, infra), and transfers 
  the right of recognition to those Members who opposed the motion 
  (Sec. 16, infra).
      The House practice in this regard is to be distinguished from that 
  of the Senate. The Senate does not admit the previous question. 8 
  Cannon Sec. 2663.

                           Historical Background

      In the early Congresses, the previous question was used in the 
  House for an entirely different purpose than it is today, having been 
  modeled on the English parliamentary practice. As early as 1604, the 
  previous question had been used in the Parliament to surpress a 
  question which the majority deemed undesirable for further discussion 
  or action. Manual Secs. 442, 463. The Continental Congress adopted 
  this device in 1778, but there was no intention of using it as a means 
  of closing debate in order to bring the pending question to a vote. 5 
  Hinds Sec. 5445.
      As a result, debates from 1807-1811 were prolonged. Finally, in 
  1811, after an appeal had been taken from a ruling to the contrary by 
  the Speaker, the House decided that there could be no debate after the 
  previous question was ordered, and this decision was adhered to in 
  subsequent rulings by the Speaker. See 11-3, Mar. 2, 1811, H. Jour. p 
  611.
      The previous question was incorporated into the House rules in 
  1840. See 25-1, Jan. 14, 1840, Globe p 121. To moderate the harsh 
  effects of the rule, seen by some as a way of surpressing a minority, 
  the number required to order the previous question was changed from 
  one-fifth to a majority (see 12-1, H. Jour. pp 402, 406), and a Member 
  was given the right to call for 40 minutes of debate on a proposition 
  if it had not been previously debated. 5 Hinds Sec. 6821. In addition, 
  in 1880, the rule was amended to permit the Speaker to entertain one 
  motion to recommit notwithstanding the ordering of the previous 
  question (Sec. 13, infra).


  Sec. 2 . Offering the Motion

                                   Form

      The motion for the previous question may be offered by any Member 
  holding the floor. It must be made in writing if demanded, but is 
  usually made orally:
      Member: Mr. Speaker, I move the previous question on the 
    __________ [proposition].
      Speaker: The question is on ordering the previous question.


[[Page 655]]



      It is also in order to make a motion and simultaneously demand the 
  previous question on the motion. 5 Hinds Secs. 5477-5479.
      Where, during the consideration of a bill, a Member states merely 
  ``I move the previous question,'' without further specificity as to 
  the question to be voted on, the Speaker construes it as a motion for 
  the previous question on the bill to final passage and as applicable 
  to all intervening questions. 8 Cannon Secs. 2673, 2674. However, when 
  the House has before it several motions, a simple motion for the 
  previous question applies to the immediate proposition only and does 
  not include other pending questions. See 8 Cannon Sec. 2676.

                          Effect of Special Rule

      The ordering of the previous question on a bill may be required by 
  language in a special rule governing consideration of the bill. The 
  rule may provide, for example:

      That at the conclusion of general debate the previous question 
    shall be considered as ordered on __________ [resolution or other 
    proposition] to final passage without intervening motion, except one 
    motion to recommit.

      When the House is operating under such a rule, the Chair states 
  the motion (``under the rule, the previous question is ordered'') and 
  so a motion for the previous question from the floor is unnecessary. 7 
  Cannon Sec. 776.

                          Time Certain Provisions

      The motion for the previous question may not include a provision 
  that it is to take effect at a time certain. Such a motion may not 
  include a provision, for example, ``that the previous question be 
  considered as ordered at 5 o'clock.'' 5 Hinds Sec. 5457.


  Sec. 3 . -- When in Order; Quorum Requirements

      The previous question is one of those motions that is in order 
  under the rules of the House ``when a question is under debate.'' Rule 
  XVI clause 4. It is considered a fundamental rule of parliamentary 
  procedure, and as such it is in order even before the rules of the 
  House have been adopted. Deschler Ch 23 Sec. 14.1.
      The motion for the previous question is in order in the House (5 
  Hinds Sec. 5456; 8 Cannon Sec. 2662) and in the House as in Committee 
  of the Whole (6 Cannon Sec. 639). See also Deschler Ch 23 Sec. 14.10. 
  The motion is not in order in the Committee of the Whole (4 Hinds 
  Sec. 4716; Deschler Ch 23 Sec. 14.8; Manual Sec. 805), but may be 
  moved in the House on an amendment reported from the Committee of the 
  Whole (Deschler Ch 23 Sec. 14.9).

[[Page 656]]

      The previous question is ordered by a majority of those voting, a 
  quorum being present. Rule XVII. However, less than a quorum may order 
  the previous question on a motion incident to a call of the House. 5 
  Hinds Sec. 5458.


  Sec. 4 . -- Who May Offer

                        During Debate in the House

      The Member in charge of a bill has the prior right to recognition 
  and may move the previous question at any time during the hour 
  allotted to him. 8 Cannon Sec. 3231. While he has the floor he may 
  move the previous question and thereby cut off debate (89-1, Jan. 4, 
  1965, p 20), even if the effect of the motion is to terminate debate 
  time previously yielded to the minority (95-1, Mar. 9, 1977, p 6816). 
  Other Members may not interpose the previous question during such time 
  as the Member in charge is holding the floor (Manual Sec. 807; 2 Hinds 
  Sec. 1458), even though he may not yet have begun his remarks (2 Hinds 
  Sec. 1458). And although he may have surrendered the floor ``for 
  debate only,'' he is entitled to prior recognition to move the 
  previous question when he again regains the floor. 8 Cannon Sec. 2682. 
  If the Member in charge of the pending measure does not move the 
  previous question and loses the floor, any Member having the floor may 
  so move. 5 Hinds Sec. 5475. This is so even though the effect of so 
  moving may be to deprive the Member in charge of control of his 
  measure. 5 Hinds Sec. 5476; 8 Cannon Sec. 2685; Manual Sec. 807.

                          Proponent of Amendment

      A Member holding the floor in debate may offer an amendment to the 
  pending proposition and move the previous question on the amendment 
  and on the pending proposition. 95-1, Dec. 6, 1977, p 38393. While the 
  previous question takes precedence over a motion to amend (Sec. 6, 
  infra), the proponent of an amendment, having been recognized for 
  debate, may not be taken from the floor by another Member who seeks to 
  move the previous question. Deschler Ch 23 Sec. 20.7; 90-2, May 8, 
  1968, p 12262. This rule is followed even though the amendment offered 
  is merely a pro forma amendment. 92-2, May 8, 1972, pp 16154, 16157. 
  However, a Member making a preferential motion to dispose of a Senate 
  amendment may not move the previous question on that motion as against 
  the right of the Member in charge to the floor. 2 Hinds Sec. 1459.

[[Page 657]]

                            Effect of Yielding

      A Member having the floor may yield time to others for the sole 
  purpose of debate, and still retain the right to resume debate or move 
  the previous question. 8 Cannon Sec. 3383. But where the Member in 
  charge yields to another Member to offer an amendment to his 
  proposition, he loses the floor and the Member to whom yielded is 
  recognized for one hour and may move the previous question on the 
  amendment and on the measure itself. 95-1, Dec. 6, 1977, p 38393. In 
  other words, the Member controlling the time may not yield to another 
  Member to offer an amendment without losing the right to move the 
  previous question. Deschler Ch 23 Sec. 16.2. But the Member so 
  yielding may move the previous question on the pending measure 
  following disposition of the amendment where the proponent of the 
  amendment has not done so and where no other Member seeks recognition. 
  Deschler Ch 23 Secs. 16.3, 16.4. And a Member who yields the time to 
  another Member for debate may still be recognized at the end of that 
  time to move the previous question. Deschler Ch 23 Sec. 16.5.
      If the Member controlling the floor on a measure yields to a 
  second Member to offer an amendment, a third Member may move the 
  previous question before the second Member is recognized to offer his 
  amendment. Deschler Ch 23 Sec. 14; Manual Sec. 807.


  Sec. 5 . Precedence; Intervention of Other Matters

                                 Generally

      The motion for the previous question is privileged, and takes 
  precedence over another Member seeking recognition for debate 
  (Deschler Ch 23 Sec. 19.1) or to offer an amendment (Deschler Ch 23 
  Sec. 20.7). The Chair having recognized a Member in charge of a bill 
  for the motion for the previous question, a Member may not be 
  recognized to rise to a question of personal privilege. Deschler Ch 23 
  Sec. 17.2. However, a message from the Senate (Deschler Ch 23 
  Sec. 19.4) or the presentation of a conference report (5 Hinds 
  Sec. 6449) is in order notwithstanding the fact that the previous 
  question has been moved or ordered on a pending proposition.
      A measure on which the previous question has been ordered takes 
  precedence over a special order from the Committee on Rules, even if 
  the special order provides for the immediate consideration of certain 
  business. 5 Hinds Sec. 5520.

                          Suspension of the Rules

      The motion to suspend the rules may be entertained after the 
  previous question has been moved (5 Hinds Secs. 6831-6833), and is 
  admitted at the

[[Page 658]]

  Speaker's discretion notwithstanding the ordering of the previous 
  question on a pending measure (5 Hinds Secs. 6827, 6833; 8 Cannon 
  Sec. 3418).


  Sec. 6 . -- Precedence Over Other Motions

                                 Generally

      The House rule that establishes the precedence of motions when a 
  matter is under debate lists the motion for the previous question 
  after the motions to adjourn and to lay on the table. Rule XVI clause 
  4. The motion for the previous question must therefore yield to those 
  motions. 5 Hinds Sec. 5301. The same rule names the previous question 
  ahead of the motions to postpone, to refer, or to amend, and it is 
  over these motions that the motion for the previous question takes 
  precedence. Manual Sec. 782.
      The Member in charge of a bill and having the floor may demand the 
  previous question notwithstanding that another Member proposes a 
  motion of higher privilege. 8 Cannon Sec. 2684; Manual Sec. 807. 
  Likewise, a Member having the floor to offer a motion may move the 
  previous question thereon, although another claims recognition to 
  offer a motion of higher privilege. Deschler Ch 23 Sec. 16.6. However, 
  the motion of higher privilege must be put before the question is put 
  on the previous question. 5 Hinds Sec. 5480; 8 Cannon Sec. 2684; 
  Manual Sec. 807. A Member having the floor may not exclude a 
  privileged motion simply by offering a motion of lower privilege and 
  demanding the previous question thereon. 8 Cannon Sec. 2609.

                                Adjournment

      The motion for the previous question yields to the motion to 
  adjourn under the standing rules of the House. Manual Sec. 782. 
  However, a motion to adjourn is not in order after the previous 
  question has been ordered on a bill to final passage under a special 
  rule prohibiting any intervening motions. 4 Hinds Secs. 3211-3213.

                             Lay on the Table

      The motion to lay on the table takes precedence over the motion 
  for the previous question with respect to the pending proposition. 8 
  Cannon Secs. 2658, 2660; Manual Sec. 782. However, the motion to table 
  may not be applied to the motion for the previous question itself. 5 
  Hinds Secs. 5410, 5411. And the motion to table is not in order after 
  the previous question is ordered (5 Hinds Secs. 5415-5422), or even 
  after the yeas and nays are ordered on the demand for the previous 
  question (5 Hinds Secs. 5408, 5409).
      While the motion for the previous question yields to the motion to 
  table, if the motion to table is rejected, the question recurs on the 
  motion

[[Page 659]]

  for the previous question which was pending when the motion to table 
  was offered. Deschler Ch 23 Sec. 20.1.

                          Referral or Recommittal

      The previous question may be moved on a proposition while a motion 
  to refer it is pending. 8 Cannon Sec. 2678. However, the rule 
  authorizing the previous question specifically permits the use of a 
  motion to commit after the previous question has been moved or 
  ordered. Manual Sec. 804. See also Sec. 13, infra.

                             Motions to Amend

      The motion for the previous question takes precedence over motions 
  to amend. Deschler Ch 23 Sec. 20.2; 96-1, July 24, 1979, p 20385. 
  Thus, the motion for the previous question takes precedence over 
  amendments to motions, such as a motion to recommit (Deschler Ch 23 
  Sec. 20.4) or to instruct conferees (Deschler Ch 23 Sec. 20.5). Of 
  course, if the motion for the previous question is voted down, the 
  pending measure is subject to amendment. But if the amendment is ruled 
  out on a point of order, the previous question may again be moved and 
  takes precedence over the offering of another amendment. Deschler Ch 
  23 Sec. 20.3.
      Where a Member intervenes in a pending proceeding (where a motion 
  to dispose of a Senate amendment is pending) to make a preferential 
  motion to dispose of the amendment in disagreement with the Senate, he 
  may not move the previous question on that motion as against the right 
  of the Member in charge. 2 Hinds Sec. 1459; Manual Sec. 807.


  Sec. 7 . Scope of Motion; Application to Particular Propositions

                                 Generally

      The House rule which permits the motion for the previous question 
  permits its use in a variety of legislative situations. The motion may 
  be sought on ``a single motion, a series of motions allowable under 
  the rules, or an amendment or amendments, or may be made to embrace 
  all authorized motions or amendments and include the bill to its 
  passage or rejection.'' Rule XVII clause 1 (Manual Sec. 804). The term 
  ``bill'' as used in this rule is a generic term which includes all 
  legislative propositions which could properly come before the House. 5 
  Hinds Sec. 5572. Thus, the previous question may be moved on the 
  pending measure and all amendments thereto, or merely on a pending 
  amendment. 90-1, Jan. 10, 1967, pp 31-33; 94-2, Mar. 17, 1976, p 6789. 
  If not otherwise specified, the motion for the previous question 
  applies to all pending motions or amendments. Deschler Ch 23 
  Sec. 14.2.

[[Page 660]]

      The motion for the previous question is generally applicable to 
  any pending measure or motion which is subject to debate or amendment 
  and has been held specifically applicable to:

    The main proposition and a pending motion to refer it to a 
         committee. 5 Hinds Sec. 5466; 8 Cannon Sec. 2678.
     A pending resolution and an amendment thereto. Manual 
         Sec. 806.
    The question of approval of the Journal. Deschler Ch 23 
         Sec. 14.6.
    A private bill under consideration during the call of the 
         Private Calendar. Deschler Ch 23 Sec. 14.5.
    The question of agreeing to a report of the Committee of the 
         Whole that the enacting clause be stricken. 5 Hinds Sec. 5342.
    Resolutions to elect Members to committees. 8 Cannon Sec. 2174.
    Certain amendments to a bill (leaving the remaining amendments 
         open to debate and further amendment). 8 Cannon Sec. 2679.
    All amendments to a bill other than a particular amendment. 
         Deschler Ch 23 Sec. 15.17.
    A substitute amendment. 5 Hinds Sec. 5472.
    Questions of privilege, such as those involving censure of 
         Members or impeachment. 2 Hinds Sec. 1256; 5 Hinds Sec. 5460; 8 
         Cannon Sec. 2672.
    A motion to limit debate pending a motion to go into the 
         Committee of the Whole. 5 Hinds Secs. 5203, 5473.
    A motion to postpone a matter to a day certain. Deschler Ch 23 
         Sec. 18.2.

      The previous question is not applicable to, and may not be 
  demanded on:

    A proposition which is not subject to debate or amendment (4 
         Hinds Sec. 3077), or which is being considered under procedure 
         which precludes debate or intervening motions (Deschler Ch 23 
         Sec. 14.12).
    A proposition against which a point of order is pending. 8 
         Cannon Secs. 2681, 3433.
    A single section of a bill. 4 Hinds Sec. 4930; Manual Sec. 806.
    More than one bill at a time (except by unanimous consent). 5 
         Hinds Secs. 5461-5464.
    A measure being considered under a motion to suspend the rules 
         and agree thereto. Deschler Ch 23 Sec. 14.11.

                           Titles and Preambles

      The rules of the House permit the offering of an amendment to the 
  title of a bill after its passage. Manual Sec. 822. However, it has 
  been held that when the previous question is ordered on a bill to 
  final passage, the order applies also to the title of the bill, 
  thereby preventing its amendment. 5 Hinds Sec. 5471.
      The ordering of the previous question on a pending resolution does 
  not cover the preamble thereto unless the proponent of the motion so 
  specifies.

[[Page 661]]

   A motion to order the previous question on the preamble is in order 
  following the vote on the resolution. See 5 Hinds Sec. 5469 (note 2) 
  and Deschler Ch 23 Secs. 14.7, 18.4.

                   Senate Amendments; Conference Reports

      The previous question may be applied to a motion to dispose of a 
  Senate amendment in disagreement, such as a motion to recede. Deschler 
  Ch 23 Sec. 15.6. However, a simple motion for the previous question 
  applies to the immediate pending proposition only and does not apply 
  to other pending questions. 8 Cannon Sec. 2676. Similarly, a motion 
  for the previous question may not be applied to a motion to agree to a 
  conference report and also to a motion to ask a further conference on 
  amendments not included in the report. 5 Hinds Sec. 5465. Likewise, 
  when the previous question is ordered on a motion to send a matter to 
  conference, it applies to that motion alone and does not extend to a 
  subsequent motion to instruct conferees. 8 Cannon Sec. 2675.

                           Incidental Questions

      The previous question covers the main proposition but does not 
  apply to questions that arise after the previous question has been 
  applied and are merely incidental thereto. 8 Cannon Sec. 2687. Thus, 
  in one instance, it was held that the pending question applied to 
  certain resolutions, but not to the question of whether certain 
  Members should be excused from voting thereon. 5 Hinds Sec. 5467.


  Sec. 8 . Debate on Motion; Consideration and Disposition

                                 Generally

      The motion for the previous question is not debatable (5 Hinds 
  Sec. 5301; Deschler Ch 23 Sec. 21.1; Manual Sec. 782) and cannot be 
  amended (5 Hinds Sec. 5754; Manual Sec. 452). It is not subject to a 
  motion to table (5 Hinds Secs. 5410, 5411; Manual Sec. 809) and it 
  cannot be postponed. 5 Hinds Sec. 5322; Manual Sec. 451. ``To change 
  it to tomorrow, or any other moment,'' Jefferson wrote, ``is without 
  example and without utility.'' Manual Sec. 452. Indeed, he felt that 
  it would be ``absurd'' to postpone the previous question, it being his 
  view that the same result could be had simply by voting against the 
  previous question. Manual Sec. 451.

                                  Voting

      The motion for the previous question is determined by a simple 
  majority vote, and may be ordered by less than a quorum on a motion 
  incident to a call of the House. 5 Hinds Sec. 5458. A motion for the 
  previous question

[[Page 662]]

  on an amendment to a measure and on the measure is not divisible so as 
  to obtain separate votes on ordering the previous question on the two 
  propositions. Deschler Ch 23 Sec. 14.3. 101-2, Sept. 25, 1990, p ____. 
  See also Manual Sec. 806. But when the previous question is ordered on 
  an amendment as well as the main proposition to which it is offered, 
  the vote is taken first on the amendment and then immediately on the 
  proposition. Deschler Ch 23 Sec. 15.12. And an order for the previous 
  question does not preclude a demand for a division of the question and 
  for a separate vote on distinct substantive propositions (8 Cannon 
  Sec. 3173), such as a series of resolutions (5 Hinds Sec. 6149).

                       Withdrawal of Motion; Renewal

      A Member may withdraw his motion for the previous question, if the 
  House has not acted thereon (94-1, Mar. 26, 1975, p 8897), and any 
  Member entitled to the floor thereafter may renew that motion (8 
  Cannon Sec. 2683). If the House acts on the motion and rejects it, the 
  motion may nevertheless be renewed after debate or other intervening 
  business. See Deschler Ch 23 Secs. 14.4, 22.17.

              Vacating the Ordering of the Previous Question

      The action of the House in ordering the previous question is 
  subject to the motion to reconsider (5 Hinds Sec. 5655; 8 Cannon 
  Sec. 2790) and may, by unanimous consent, be vacated. 86-2, Aug. 26, 
  1960, p 17869; 95-1, Oct. 6, 1977, p 32600. Thus, in one instance, 
  unanimous consent was granted to permit the consideration of an 
  amendment to a measure, even though the previous question was 
  operating on the measure. Deschler Ch 23 Sec. 14.13.


  Sec. 9 . Effect

              Generally; As Precluding Further Consideration

      The adoption of the motion for the previous question by a majority 
  vote stops all debate, precludes the offering of amendments, and 
  brings the House to an immediate vote on the pending matter. Deschler 
  Ch 23 Secs. 15, 15.17. That is, with the exceptions discussed below 
  (Secs. 13, 14, infra) the House consideration of the proposition 
  terminates. 5 Hinds Sec. 5321. It cannot be modified, corrected, or 
  changed, except by unanimous consent. 5 Hinds Secs. 5482, 5485. And a 
  point of order against it may be ruled out as untimely. Deschler Ch 23 
  Sec. 15.21. The ordering of the previous question also affects the 
  right of a proponent to withdraw his proposal. A motion cannot 
  ordinarily be withdrawn once the previous question has been ordered on 
  it. 5 Hinds Secs. 5355, 5489.

[[Page 663]]

                        As Precluding Other Motions

      With the exception of the motions to reconsider or to recommit 
  (Secs. 13, 14, infra) the ordering of the previous question precludes 
  the application of various motions to dispose of the pending matter, 
  including the motion to table (5 Hinds Secs. 5412-5422; 8 Cannon 
  Sec. 2655), the motion to postpone (5 Hinds Secs. 5319-5321; 8 Cannon 
  Secs. 2609, 2616, 2617), and a motion in the House to strike out the 
  enacting clause (Deschler Ch 23 Sec. 15.13).
      Where a special order providing for the consideration of a matter 
  states 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, such as the 
  motion to postpone. 96-2, Mar. 12, 1980, p 5388.


  Sec. 10 . -- On Debate Generally

                             Effect of Demand

      Where the previous question is moved on a proposition, no further 
  debate on it is in order unless the previous question is rejected when 
  the House votes on the motion. Deschler Ch 23 Sec. 15.1. All 
  incidental questions--except questions of privilege (3 Hinds 
  Sec. 2532)--are likewise decided without debate (5 Hinds Secs. 5448, 
  5449). While the Chair has on rare occasions entertained a 
  parliamentary inquiry following the demand for the previous question, 
  an inquiry directed to the Member holding the floor is in the nature 
  of debate and is not in order. 5 Hinds Sec. 5481. The demand precludes 
  further debate even on questions requiring a two-thirds vote for 
  passage, such as overriding a Presidential veto. Deschler Ch 23 
  Sec. 15.2.

                            Effect of Adoption

      The ordering of the previous question on a proposition under 
  debate has the effect of terminating that debate. 5 Hinds Secs. 5443, 
  5444; 8 Cannon Sec. 2662. The reading of a report or other paper, 
  being in the nature of debate, is not in order thereafter. 5 Hinds 
  Secs. 5294, 5296. The proponent's right to close debate is likewise 
  precluded. 5 Hinds Secs. 4997-5000. Propositions on which pending 
  debate has been terminated by the motion include: an amendment offered 
  to a resolution reported by the Committee on Rules (Deschler Ch 23 
  Sec. 15.10), an amendment in the nature of a substitute (Deschler Ch 
  23 Sec. 15.11), and a motion to dispose of an amendment in 
  disagreement between the Houses (Deschler Ch 23 Sec. 15.8). But a 
  question involving the privileges of the House (3 Hinds Sec. 2532) may 
  intervene and may be debated

[[Page 664]]

  notwithstanding the ordering of the previous question on a pending 
  proposition.

           Effect of Special Rule Ordering the Previous Question

      When a bill is reported to the House from the Committee of the 
  Whole pursuant to a resolution providing that the previous question 
  ``shall be considered as ordered,'' further debate in the House is 
  precluded. Deschler Ch 23 Sec. 15.18. However, 10 minutes' debate on a 
  motion to recommit with instructions still would be in order. See 
  Deschler Ch 23 Sec. 15.


  Sec. 11 . -- On Divided Debate

                                 Generally

      As noted elsewhere, debate is sometimes divided by rule between a 
  proponent and an opponent, such as under the 40-minute rule. See 
  Consideration and Debate. 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, the previous question may not be moved until the other side 
  has used or yielded back its time; on occasion, the Chair has vacated 
  the adoption of the previous question where it was improperly moved 
  while the other side was still seeking time. 101-1, Oct. 3, 1989, p 
  ____.

                            Forty-minute Debate

      An exception to the rule that the previous question cuts off 
  debate is found in Rule XXVII clause 3. It allows 40 minutes of debate 
  where the previous question is ordered on a debatable proposition 
  which has not in fact been debated. Manual Sec. 907. This rule was 
  adopted in 1880 to prevent passing measures without a word of debate, 
  a frequent practice prior to that time. 5 Hinds Sec. 6821. The right 
  to 40 minutes of debate accrues only if the previous question is in 
  fact ordered, not merely moved. Deschler Ch 23 Sec. 21.4. But the 40 
  minutes' debate time must be demanded before the House begins to vote 
  on the main question. 5 Hinds Sec. 5496.
      The debate time under the 40-minute rule is divided between the 
  Member demanding the time and a Member who represents the opposing 
  view of the matter. Deschler Ch 23 Sec. 21.2. If, after recognition of 
  two Members under the 40-minute rule, it appears that both Members 
  favor the proposition, the Speaker may require that each yield half of 
  his time to those opposing the motion. 8 Cannon Sec. 2689.
      The 40-minute rule stipulates that it is applicable to ``a 
  debatable proposition on which there has been no debate.'' Rule XXVII 
  clause 3 (Manual Sec. 907). If there has been any debate at all prior 
  to the ordering of the pre-

[[Page 665]]

  vious question (5 Hinds Secs. 5499-5501), and such debate was on the 
  merits of the pending proposition (5 Hinds Sec. 5502), the 40 minutes 
  of debate permitted by the rule cannot be claimed. That time may not 
  be demanded on a proposition which has been debated in the Committee 
  of the Whole. 5 Hinds Sec. 5505. The 40-minute rule does not apply to 
  propositions which are themselves not debatable, such as a motion to 
  close debate. 8 Cannon Secs. 2555, 2690; Deschler Ch 23 Sec. 21.7.
      The word ``proposition'' in the 40-minute rule refers to the bill 
  or other main question, and does not refer to incidental motions, such 
  as a motion to recommit the bill. 5 Hinds Sec. 5497. ``Debate'' means 
  debate on the bill or other main proposition and not on something 
  incidentally connected therewith, such as a concurrent resolution 
  correcting an error in the section numbers of the bill. 5 Hinds 
  Sec. 5508.
      The 40 minutes of debate may be claimed where the previous 
  question has been moved on an amendment which has not been debated 
  either in the House or in the Committee of the Whole. 5 Hinds 
  Sec. 5503. But the 40 minutes of debate time may not be claimed with 
  respect to an undebated amendment if the previous question was moved 
  both on the undebated amendment and the main proposition, if the main 
  proposition has been debated. 5 Hinds Sec. 5504.
      The 40-minute rule does not apply at the inception of a Congress 
  prior to the adoption of rules. 5 Hinds Sec. 5509; Deschler Ch 23 
  Sec. 21.6.


  Sec. 12 . -- On Amendments

      After the previous question has been moved on a proposition, it is 
  not subject to further amendment unless the motion is rejected by the 
  House. Deschler Ch 23 Sec. 15.5; 89-1, Jan. 4, 1965, p 19. If the 
  House agrees to the motion and thereby orders the previous question, 
  no further amendments to the proposition may be considered (90-1, Jan. 
  10, 1967, pp 31-33; 93-1, June 13, 1973, pp 19337-44), except for an 
  amendment coming before the House pursuant to a motion to commit with 
  instructions (Sec. 13, infra).
      The motion for the previous question is not used in the Committee 
  of the Whole, but is applicable to the work product of the committee.
      The previous question is an essential tool of the proponent of a 
  proposition. Amendments to a pending motion are precluded when the 
  previous question is ordered on the motion (8 Cannon Sec. 3231; 95-2, 
  Feb. 22, 1978, p 4074), even if the motion is not subject to debate. 5 
  Hinds Secs. 5473, 5490. Thus, the previous question may be applied in 
  the House to the nondebatable motion to limit general debate in 
  Committee of the Whole, in order to prevent amendment. 5 Hinds 
  Sec. 5473.

[[Page 666]]

      Where the previous question has been ordered on a special order 
  reported by the Committee on Rules (Deschler Ch 23 Sec. 15.14) or on a 
  motion to recommit with instructions (8 Cannon Secs. 2698, 2712, 
  3241), amendments are precluded.
      Although unanimous consent may be granted for the consideration of 
  an amendment even though the previous question has been ordered 
  (Deschler Ch 23 Sec. 14.13), the Speaker may decline to entertain 
  unanimous-consent requests for that purpose (Deschler Ch 23 
  Sec. 15.18).
      Where the previous question is ordered on some amendments reported 
  from the Committee of the Whole, they must be disposed of before 
  further consideration of the remaining amendments may be had. Deschler 
  Ch 23 Sec. 15.19.
      The foreclosure of amendments also results where the House has 
  adopted and is operating pursuant to a special order providing that 
  the previous question is ``considered as ordered.'' Deschler Ch 23 
  Secs. 15.15, 15.16.


  Sec. 13 . Recommittal

                                 Generally

      The rule providing for the previous question authorizes the 
  Speaker, pending the motion for or even after the ordering of the 
  previous question, to entertain a motion to recommit the pending bill 
  to a committee. Rule XVII clause 1 (Manual Sec. 804). This provision 
  was adopted in 1880 so as to afford ``the amplest opportunity to test 
  the sense of the House as to whether or not the bill is in the exact 
  form it desires.'' 5 Hinds Sec. 5443.

                           Amendment and Debate

      Contrary to the early practice (2 Hinds Sec. 1456), the opponents 
  of the bill are entitled to prior recognition to move to refer it to a 
  committee (Manual Sec. 808). The motion to commit under this rule may 
  be amended, as by adding instructions, unless such amendment is 
  precluded by moving the previous question on the motion (5 Hinds 
  Secs. 5582-5584; 8 Cannon Sec. 2695).
      Recommittal motions with instructions commonly provide that the 
  committee report ``forthwith.'' If the recommittal motion is adopted, 
  the committee chairman immediately reports to the House in conformity 
  with the instructions, and the bill, as modified, is automatically 
  before the House again. The House votes separately on this amendment, 
  and this amendment is not subject to further amendment if the previous 
  question is ordered thereon. The previous question when ordered on the 
  bill and which ``triggers'' the motion to recommit, continues in force 
  until final disposition of the bill and is not vitiated by its 
  recommitment. Thus, where the previous question

[[Page 667]]

  is moved on a resolution and an amendment thereto, and the House 
  orders it recommitted with instructions to report with an amendment 
  forthwith, the previous question remains operative to bar a subsequent 
  amendment. 8 Cannon Sec. 2677.
      It has been held that the motion to recommit under Rule XVII may 
  not be applied solely to an amendment to a measure--that the motion 
  must be applied to the amendment and to the main proposition. 5 Hinds 
  Sec. 5573.

                     Recommittal Pending Final Passage

      The motion to recommit a bill or joint resolution after the 
  previous question has been ordered on the question of final passage is 
  authorized by Rule XVI clause 4. Manual Sec. 782. The Committee on 
  Rules is precluded by Rule XI clause 4(b) from reporting a special 
  order which would prevent the motion to recommit from being made as so 
  authorized. Manual Sec. 729a. The rule prohibiting special orders that 
  wholly preclude the motion to recommit under Rule XVI clause 4 does 
  not apply to special orders restricting the recommittal of simple or 
  concurrent resolutions. See 100-2, May 4, 1988, p 9865. See Refer and 
  Recommit.


  Sec. 14 . Reconsideration

      The vote on the ordering of the previous question on a measure is 
  subject to one motion to reconsider. 5 Hinds Sec. 5655. However, a 
  motion to reconsider that vote may not be entertained if the House has 
  partially executed that order, as by voting on an amendment. 5 Hinds 
  Secs. 5653, 5654.
      A motion to reconsider a vote on a proposition may be made after 
  the previous question has been demanded on the proposition (5 Hinds 
  Sec. 5656) or even after it has been ordered and while it is operating 
  (5 Hinds Secs. 5657-5662; Manual Sec. 814). Under the modern practice, 
  where the House votes to reconsider a proposition on which the 
  previous question was operating when first voted on, no debate is in 
  order except by unanimous consent, 96-2, May 29, 1980, pp 12663-66; 
  96-2, July 2, 1980, p 18356.


  Sec. 15 . Rejection of Motion--As Permitting Further Consideration

                                 Generally

      The defeat of the motion for the previous question on a pending 
  proposition ordinarily opens up that proposition to further 
  consideration, amendment, and debate. Deschler Ch 23 Secs. 22.1-22.5; 
  90-1, Mar. 9, 1967, pp 6035-42, 6048; 91-1, Oct. 8, 1969, p 29219. 
  However, the rejection of the motion for the previous question on a 
  measure that is not subject to amendment does not open the measure to 
  amendment but only extends the time

[[Page 668]]

  for debate thereon. 95-1, Nov. 2, 1977, p 36613. Similarly, if a 
  pending proposition is not debatable, but is vulnerable to an 
  amendment, the defeat of the previous question does not provide debate 
  time but only the opportunity for amendment. Deschler Ch 23 Sec. 22.8.

                                  Motions

      The rejection of the previous question opens up the pending 
  proposition to further consideration and amendment where the pending 
  proposition is a motion, such as a motion to instruct conferees 
  (Deschler Ch 23 Sec. 22.12), a motion to recede and concur in a Senate 
  amendment (Deschler Ch 23 Sec. 22.13), or to a motion to recommit a 
  conference report (Deschler Ch 23 Sec. 22.16). But the voting down of 
  the previous question on a conference report merely extends the time 
  for debate and does not afford an opportunity to amend the report. 
  Deschler Ch 23 Sec. 22.15.


  Sec. 16 . -- As Affecting Recognition

      If the previous question is voted down on a proposition, 
  recognition passes to an opponent of the proposition. Deschler Ch 23 
  Secs. 23.1, 23.5. Thus, the previous question on a resolution being 
  voted down, the Speaker may recognize a Member opposed to the 
  resolution (Deschler Ch 23 Secs. 23.2, 23.5), who may offer an 
  amendment and be recognized for one hour (96-1, June 13, 1979, pp 
  14650, 14651). The recognition of the Member is not precluded by the 
  fact that he has been previously recognized to offer an amendment. 
  Deschler Ch 23 Sec. 23.4.
      The practice of bestowing recognition on a Member ``leading the 
  opposition'' upon rejection of the previous question is applied to a 
  resolution from the Committee on Rules (Deschler Ch 23 Sec. 23.6) and 
  to a motion to instruct conferees (Deschler Ch 23 Sec. 23.7).
      In recognizing one of the leaders of the opposition when the 
  previous question is rejected, the Chair gives preference to a Member 
  of the minority if he actively opposed ordering the previous question. 
  Deschler Ch 23 Sec. 23.1. But where no minority member so qualified 
  seeks recognition, a majority member who opposed the previous question 
  on the pending proposition may be recognized. Deschler Ch 23 
  Sec. 23.8.


  Sec. 17 . Effect of Adjournment When Previous Question Pending

      If the House adjourns without voting on a proposition on which the 
  previous question has been ordered, the question comes up on the next 
  legislative day. 8 Cannon Secs. 2693, 2694; Deschler Ch 23 
  Secs. 15.22, 24.2. The proposition is taken up as unfinished business 
  (Deschler Ch 23 Sec. 24.2) imme-

[[Page 669]]

  diately after disposal of business on the Speaker's table (5 Hinds 
  Secs. 5510-5517; 8 Cannon Sec. 2674). Bills coming over from a 
  previous day with the previous question ordered thereon have 
  precedence in the order in which the several motions for the previous 
  question were made. 5 Hinds Sec. 5518. A proposition coming over from 
  the preceding day with the previous question ordered thereon has been 
  held to take precedence over a motion for the disposition of a veto 
  message from the President (8 Cannon Sec. 2693) and takes precedence 
  over a motion to go into the Committee of the Whole for the 
  consideration of a bill privileged by special order (8 Cannon 
  Sec. 2674). Generally, see Unfinished Business.



[[Page 671]]

 
                             PRIVATE CALENDAR

  Sec. 1. In General
  Sec. 2. Calling the Calendar; When in Order
  Sec. 3. Waivers; Dispensing With the Call
  Sec. 4. Objections; Screening Procedures
  Sec. 5. Consideration and Debate
  Sec. 6. Omnibus Private Bills
  Sec. 7. Disposition of Unfinished Business
  Sec. 8. House-Senate Action on Private Bills
        Research References
          4 Hinds Secs. 3266-3303
          7 Cannon Secs. 846-871
          7 Deschler Ch 22 Secs. 10-14
          Manual Secs. 893-895


  Sec. 1 . In General

               Usage and Purpose; Referrals to the Calendar

      The Private Calendar is used to facilitate the consideration of 
  bills which are limited in their applicability to particular 
  individuals or entities. Deschler Ch 22 Sec. 10.
      A formal calendar for private bills was established by rule during 
  the Sixty-second Congress (1911-1912). Prior to this time, private 
  bills had been considered pursuant to special rules from the Committee 
  on Rules. Manual Sec. 894. Today, private bills when favorably 
  reported are delivered to the Clerk for reference to the Private 
  Calendar under the direction of the Speaker. Manual Secs. 742, 743. A 
  private bill erroneously referred to the Union Calendar may be re-
  referred to the Private Calendar by direction of the Speaker. 7 Cannon 
  Sec. 859.

                             Measures Eligible

      Resolutions as well as bills may be considered pursuant to the 
  Private Calendar rule. Rule XXIV clause 6. The use of omnibus private 
  bills--that is, the consolidation into one bill of numerous private 
  bills which have been objected to by two or more Members when first 
  called on the Calendar--has been permitted under the rules since 1935. 
  Manual Sec. 893. The validity of this consolidation procedure has been 
  sustained. Deschler Ch 22 Sec. 13.1.

[[Page 672]]

      Clause 2 of Rule XXII prohibits the introduction of certain 
  private bills. See Bills.


  Sec. 2 . Calling the Calendar; When in Order

      The Private Calendar is called up on the first and third Tuesdays 
  of the month after the disposal of ``such business on the Speaker's 
  table as requires reference only. . . .'' Manual Sec. 893. The calling 
  of the calendar is mandatory on the first Tuesday, unless specifically 
  dispensed with by the House, and discretionary with the Speaker on the 
  third Tuesday. Deschler Ch 22 Sec. 11.
      On the first Tuesday of the month, after disposition of matters 
  requiring referral, the Speaker has recognized a Member to call up a 
  conference report (89-1, Aug. 3, 1965, pp 19187-91) and for a motion 
  for a call of the House (100-1, July 8, 1987, p 18972), and for 
  unanimous-consent requests (92-2, Aug. 1, 1972, p 26151) before 
  beginning the call.
      But the call has been entertained before the Speaker recognized 
  for a privileged motion to discharge a committee from a resolution of 
  inquiry (92-1, Aug. 3, 1971, pp 29060-64) and before the consideration 
  of a veto message carried over as unfinished business (94-1, Oct. 7, 
  1975, pp 32036-41).
      On the third Tuesday, since the call is discretionary, the Speaker 
  may entertain both unanimous-consent requests for business not 
  otherwise privileged (89-1, Aug. 3, 1965, p 19202; 91-2, Nov. 17, 
  1970, p 37654) and the call does not displace other privileged 
  business (Deschler Ch 22 Sec. 11.3).


  Sec. 3 . Waivers; Dispensing With the Call

      Deviations from the Private Calendar rule have been permitted by 
  special order or by unanimous consent. By such means the House may:

     Permit a private bill to be considered at a time other than 
         that specified by the rule. Deschler Ch 22 Secs. 11.5-11.7.
     Transfer the entire calendar to days other than those 
         specified. Deschler Ch 22 Sec. 11.8.
     Dispense with the calendar altogether during a particular 
         week. 88-2, Jan. 31, 1964, p 1552.
     Take up other specified business during the time for the call 
         of the calendar. Deschler Ch 22 Sec. 11.11.
     Recommit a private bill on the calendar to committee. Deschler 
         Ch 22 Secs. 12.4-12.7.

[[Page 673]]

     Restore to the calendar measures stricken therefrom. Deschler 
         Ch 22 Secs. 12.13-12.15.
     Rescind actions previously taken in connection with the 
         calendar. Deschler Ch 22 Secs. 12.16, 12.17.

      The rules specifically provide for a motion to dispense with the 
  call of the Private Calendar, by a two-thirds vote, on the first 
  Tuesday of each month. Manual Sec. 893. See also Deschler Ch 22 
  Sec. 11.1. A motion to dispense with the call of the calendar on the 
  third Tuesday of each month is likewise in order, the call of the 
  calendar being within the discretion of the Chair. 97-1, Nov. 17, 
  1981, p 2770; Manual Sec. 895.


  Sec. 4 . Objections; Screening Procedures

      Where a bill is called on the Private Calendar on the first 
  Tuesday of the month and it is objected to by two or more Members it 
  is automatically recommitted to the committee reporting it. See clause 
  6, Rule XXIV, and 92-1, Apr. 6, 1971, p 9747. On the third Tuesday of 
  each month the same procedure is followed with the exception that 
  omnibus private bills (see Sec. 6, infra) are in order regardless of 
  objection. See clause 6, Rule XXIV, and 92-1, Apr. 6, 1971, p 9747.
      The Majority Leader and the Minority Leader each appoint three 
  Members to serve as Private Calendar objectors during a Congress. 103-
  1, Aug. 2, 1993, p ____. These official objectors screen all bills 
  which are placed on the calendar. When the calendar is called, the 
  objectors are on the floor ready to oppose the consideration of any 
  private bill which they feel is objectionable for any reason. 89-1, 
  Mar. 2, 1965, p 3914. See also Deschler Ch 22 Secs. 12.2, 12.3. In 
  addition, the objectors may adopt and announce specific criteria which 
  must be satisfied if a private bill is to be called up for 
  consideration on the calendar. Thus, the objectors may require that a 
  measure be on the calendar for at least seven days before being 
  considered. Deschler Ch 22 Sec. 12.1.

                                   Forms

      The Speaker: This is the day for the call of the Private Calendar. 
    The Clerk will call the first bill on the Private Calendar.
      [The Clerk calls the first bill by calendar number and title.]
      The Speaker: Is there objection to the consideration of the bill?. 
    . .The Chair hears none. The Clerk will report the committee 
    amendments. [The Clerk reads the amendments.]
      The Speaker: Without objection, the amendments are agreed to, the 
    House bill is engrossed, read a third time and passed, and a motion 
    to reconsider is laid on the table.
      [Or]

[[Page 674]]

      (If at least two Members object) The Speaker: Two objections are 
    heard, and the bill is recommitted.


  Sec. 5 . Consideration and Debate

                                   Bills

      Private bills called up from the Private Calendar are considered 
  in the House as in the Committee of the Whole. Manual Sec. 893. Debate 
  on bills in that forum is under the five-minute rule. However, where a 
  private bill is considered independently of the Calendar, pursuant to 
  a special rule from the Committee on Rules, the House may provide for 
  consideration in the Committee of the Whole. Deschler Ch 22 Sec. 11.5. 
  If, by unanimous consent, a private bill is being considered in the 
  House, the Member making the unanimous-consent request is recognized 
  for one hour. Deschler Ch 22 Sec. 13.6.

                                Amendments

      Amendments to bills called on the Private Calendar are debated 
  under the five-minute rule with debate limited to five minutes in 
  favor of and five minutes in opposition to an amendment. 90-1, Dec. 
  14, 1967, p 36535; Deschler Ch 22 Sec. 13.2. Recognition in opposition 
  to such an amendment goes first to a Member of the committee reporting 
  the bill. 90-1, Dec. 14, 1967, p 36535. Recognition of Members seeking 
  to extend the debate time will ordinarily be declined. Deschler Ch 22 
  Secs. 13.4, 13.5. Pro forma amendments are not in order (Deschler Ch 
  22 Secs. 13.13-13.17), and the reservation of an objection is not 
  permitted during the call. Deschler Ch 22 Sec. 12.9.

                   Motions to Strike the Enacting Clause

      A motion to strike the enacting clause is in order during the 
  consideration of a private bill (8 Cannon Sec. 2786), including an 
  omnibus private bill (Deschler Ch 22 Sec. 13.10); such motion takes 
  precedence over an amendment to strike out a title of the bill 
  (Deschler Ch 22 Sec. 13.11), and is debatable under the five-minute 
  rule (Deschler Ch 22 Sec. 13.12).

                     Passing Over Calendared Measures

      It is in order to ask unanimous consent that a bill be passed over 
  without prejudice. Deschler Ch 22 Secs. 12.4-12.7. If granted, the 
  bill retains its place on the Calendar. A request that the bill be 
  passed over comes too late after committee amendments to the bill have 
  been adopted. 96-1, Dec. 18, 1979, pp 36758, 36759.

[[Page 675]]

                                   Forms

      The Speaker: Today is the day for the call of the Private 
    Calendar. The Clerk will call the first bill on the Private 
    Calendar.
      [The Clerk calls the first bill by calendar number and title.]
      Member: Mr. Speaker, I ask unanimous consent that this bill be 
    passed over without prejudice.
      Member: Mr. Speaker, I object and ask that this bill be now 
    considered.
      The Speaker: Objection is heard to passing the bill over. Is there 
    objection to the present consideration of the bill?. . . Two 
    objections are heard, and under the rule the bill is recommitted to 
    the Committee on  __________.


  Sec. 6 . Omnibus Private Bills

                                 Generally

      Omnibus private bills are numerous private bills consisting of 
  individual private bills on the Calendar previously recommitted after 
  two objections, re-reported and grouped together under a single bill 
  number for consideration and passage. They are in order on the third 
  Tuesday and are not in order on the first Tuesday (Deschler Ch 22 
  Sec. 11) except by unanimous consent (Deschler Ch 22 Sec. 11.2). If an 
  omnibus bill is passed, it is resolved into individual bills for 
  transmittal to the Senate and subsequently to the President. Manual 
  Sec. 895.

                         Consideration and Debate

      Omnibus private bills have preference over individual private 
  bills on the calendar on the third Tuesday. Deschler Ch 22 Sec. 11.4. 
  Such bills are read by paragraph, and no amendments are entertained 
  except to strike out or reduce monetary amounts or provide 
  limitations. Matters so stricken out may not again be included in an 
  omnibus bill during the session. Manual Sec. 893. Debate is limited to 
  motions allowable under the rule, and does not admit motions to strike 
  out the last word or reservation of objections. See 92-1, Apr. 6, 
  1971, p 9747. Debate on a permissible motion is under the five-minute 
  rule. 90-2, Sept. 17, 1968, p 27165.

                       Striking Part of Omnibus Bill

      Where an omnibus private bill improperly includes an individual 
  private bill previously laid on the table, the Chair on presentation 
  of a point of order may order the individual bill stricken from the 
  omnibus bill. Deschler Ch 22 Sec. 13.18.

[[Page 676]]

  Sec. 7 . Disposition of Unfinished Business

      Private Calendar bills unfinished on one Tuesday go over to the 
  next Tuesday on which such bills are in order (7 Cannon Sec. 854), and 
  are considered before the call of the other bills on the calendar. 
  Unfinished omnibus bills follow the same procedure and go over until 
  the next Tuesday on which that class of business is again in order. 
  Deschler Ch 22 Sec. 11.13. However, when the previous question is 
  ordered on a private bill, and the bill remains unfinished at 
  adjournment, the bill comes up for disposition on the next legislative 
  day. See 92-1, Apr. 6, 1971, p 9747. See also 8 Cannon Secs. 2334, 
  2694.


  Sec. 8 . House-Senate Action on Private Bills

      Private Calendar bills after passage by the House are messaged to 
  the Senate just as are public bills and are subject to amendment. If 
  amended by the Senate, further consideration and disposition by the 
  House is effected by unanimous consent, a special rule, or by a motion 
  to suspend the rules. The House has by motion suspended the rules and 
  adopted a resolution agreeing to a private bill with an unrelated 
  Senate amendment of a public character. Deschler Ch 22 Sec. 14.7. This 
  is an exception from the general practice that the Speaker will not 
  schedule private bills under suspension of the rules. Omnibus bills on 
  their passage are resolved into several separate bills of which they 
  are composed, and are messaged to the Senate as individual bills and 
  not as an omnibus bill. Manual Sec. 893; Deschler Ch 22 Sec. 14.1.
      After passage in the House of an omnibus private bill, Senate 
  bills pending on the Speaker's table which are identical or similar to 
  those contained therein may be disposed of in the House by unanimous 
  consent. Similarly, after disposition in the House of a private Senate 
  bill, a similar House bill may be disposed of by unanimous consent. 
  This procedure is followed so that two measures involving the same 
  private relief will not be messaged to the Senate. Deschler Ch 22 
  Sec. 14.3. This problem may also be addressed by a special rule from 
  the Committee on Rules. Deschler Ch 22 Sec. 14.6.



[[Page 677]]

 
                         QUESTION OF CONSIDERATION

  Sec. 1. In General
  Sec. 2. Propositions Subject to the Question
  Sec. 3. Propositions Not Subject to the Question
  Sec. 4. Application to Points of Order Against Unfunded Mandates
        Research References
          5 Hinds Secs. 4936-4977
          8 Cannon Secs. 2436-2447
          Manual Secs. 778-781a
          Deschler-Brown Ch 29


  Sec. 1 . In General

                       Generally; Purpose and Effect

      The question of consideration is one of the methods available to 
  the House that enables it to determine its agenda on a particular day. 
  The rules provide that when any motion or proposition is made, a 
  Member may demand the question ``[w]ill the House now consider it?'' 
  Rule XVI clause 3. Manual Sec. 778. This rule, which was adopted in 
  its present form in 1880 (5 Hinds Sec. 4936), permits the House, by 
  simple majority vote, to protect itself on any day against business it 
  may not want to consider on that day. 8 Cannon Sec. 2447. The rule 
  itself provides that the question is not to be put unless demanded. 
  Manual Sec. 778.
      Any Member may raise the question of consideration (5 Hinds 
  Sec. 4936), even against matters of the highest privilege (5 Hinds 
  Sec. 4941), and notwithstanding that the Member in charge claims the 
  floor for debate (5 Hinds Secs. 4944, 4945; 6 Cannon Sec. 404) or to 
  move the previous question (5 Hinds Sec. 5478). The question of 
  consideration is not debatable (8 Cannon Sec. 2447); such debate would 
  defeat the purpose of the rule. If the House votes against 
  consideration, it has the effect of preventing all debate on the 
  pending measure at that time.

                                   Form

      Member: Mr. Speaker, I raise the question of consideration.
      The Speaker: The gentleman raises the question of consideration. 
    The question is, Will the House now consider it [the motion or 
    proposition]? As many as favor __________.

      Where a report from the Committee on Rules is called up on the 
  same legislative day on which reported, the Chair does put the 
  question: ``The

[[Page 678]]

  question is, will the House now consider the resolution.'' See Rule XI 
  clause 4(b).

                               When In Order

      The question of consideration may be raised against a proposition 
  after it has been read but before debate on it is to begin. 8 Cannon 
  Sec. 2447. The question of consideration is not in order after debate 
  has begun (5 Hinds Secs. 4937-4939) and does not lie until the initial 
  reading has been concluded. 6 Cannon Sec. 541; 8 Cannon Sec. 2436. It 
  may not be raised after the previous question has been ordered. 5 
  Hinds Secs. 4965, 4966.

                          Voting on the Question

      A negative vote on the question of consideration does not amount 
  to a rejection of the proposition and does not prevent the measure 
  from being brought before the House again at some later time. 5 Hinds 
  Sec. 4940. By the same token, 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. 8 Cannon 
  Sec. 2438. If the question of consideration is raised but not voted on 
  at adjournment it does not recur as unfinished business on the 
  succeeding day. 5 Hinds Secs. 4947, 4948.
      It is in order to reconsider an affirmative vote on the question 
  of consideration. 103-2, Oct. 4, 1994, p ____. The vote on the 
  question of consideration, if decided in the negative, may not be 
  reconsidered. 5 Hinds Secs. 5626, 5627.

                       As Related to Points of Order

      The House having decided to consider, a point of order raised 
  against the pending matter with the object of preventing 
  consideration, in whole or part, may be deemed untimely. 4 Hinds 
  Sec. 4598; 5 Hinds Sec. 4952. In one instance, the House having given 
  unanimous consent for the consideration of a measure with a proposed 
  committee amendment, this action was held to be in effect an 
  affirmative decision on the question of consideration, thus precluding 
  a point of order against the amendment. 5 Hinds Sec. 4952. Under the 
  modern practice, however, unanimous consent for consideration of a 
  bill, unless specifically including committee amendments, would not 
  preclude a point of order against the committee amendments when 
  separately reported.
      A point of order against the eligibility for consideration of a 
  bill which, if sustained, might prevent consideration, should be made 
  and decided before the question of consideration is put. Manual 
  Sec. 781. But if the point relates merely to the manner of considering 
  the bill, the point should be passed on after the House has decided 
  the question of consideration. 5 Hinds

[[Page 679]]

  Sec. 4950. Points of order against a conference report are raised 
  after the question of consideration has been decided in the 
  affirmative. 94-2, Sept. 28, 1976, p 33019. See also Deschler Ch 20, 
  Sec. 17.13, where a point of order against consideration of a bill for 
  failure of a committee quorum to report was permitted despite 
  unanimous consent of the House to consider the bill, where the 
  unanimous-consent request was not accompanied by a waiver of points of 
  order.

                 Other Methods of Preventing Consideration

      Immediate consideration of a measure can be avoided by use of the 
  motions to postpone or to refer. (See Manual Secs. 785-787.) 
  Successful application of the motion to lay the measure on the table 
  constitutes a final adverse disposition of the matter before the House 
  (see Lay on the Table).


  Sec. 2 . Propositions Subject to the Question

      The question of consideration has been applied to bills, 
  resolutions, motions, and reports, and extends even to propositions of 
  highest privilege. 5 Hinds Sec. 4941; Manual Sec. 780. The question 
  may be demanded:

     Against a committee report relating to the seating of a 
         Member. 5 Hinds Sec. 4941.
     Against a resolution raising a question of the privilege of 
         the House. 6 Cannon Sec. 560.
     Against a bill which has been made in order on a particular 
         day by a special order. 4 Hinds Sec. 3175; 5 Hinds Secs. 4953-
         4957.
     Against a bill on the Union Calendar on Calendar Wednesday 
         before resolving into the Committee of the Whole. 8 Cannon 
         Sec. 2445.
     Against the motion to reconsider. 8 Cannon Sec. 2437.
     Against a conference report. 8 Cannon Sec. 2439; 94-2, Sept. 
         28, 1976, p 33019.


  Sec. 3 . Propositions Not Subject to the Question

      The question of consideration lies only against an individual 
  proposition, and may not be raised against a general class of business 
  (5 Hinds Sec. 4598) such as District of Columbia business generally (4 
  Hinds Secs. 3308, 3309).
      Some legislative propositions are considered under special rules 
  which provide for the ``immediate consideration'' of the proposition. 
  Under that procedure, the House votes on the question of consideration 
  by voting on the resolution itself. For this reason, the question of 
  consideration cannot be raised against such propositions. 5 Hinds 
  Secs. 4960-4963; 8 Cannon Secs. 2440, 2441. The question of 
  consideration is likewise inapplicable to a motion to

[[Page 680]]

  resolve into the Committee of the Whole, since the House expresses its 
  will concerning consideration by voting on the motion. 85-2, May 21, 
  1958, p 9216; Manual Sec. 780. Under modern practice, special rules 
  authorize the Speaker to declare the House resolved into Committee of 
  the Whole without motion, thereby precluding the question of 
  consideration or any vote of the House. See Rule XXIII clause 1(b); 
  Manual Sec. 862.
      Other propositions held not subject to the question of 
  consideration include:

     A bill returned with the President's veto. 5 Hinds Secs. 4969, 
         4970.
     A motion relating to the order of business. 5 Hinds 
         Secs. 4971-4976; 8 Cannon Sec. 2442.
     A motion to discharge committees. 5 Hinds Sec. 4977.
     Propositions before the House merely for reference. 5 Hinds 
         Sec. 4964.
     A motion to take from the Speaker's table a Senate bill 
         substantially the same as a House bill already favorably 
         reported and on the House Calendar. 8 Cannon Sec. 2443.
     Reports from the Committee on Rules relating to the rules or 
         order of business. Rule XI clause 4(b). Manual Sec. 729a. See 
         also 5 Hinds Secs. 4961-4963.


  Sec. 4 . Application to Points of Order Against Unfunded Mandates

      The Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-4) 
  became effective January 1, 1996. The Act amends Title IV of the 
  Congressional Budget Act and establishes committee report requirements 
  and points of order against consideration. Section 423 and section 424 
  of the Congressional Budget Act establish committee report 
  requirements. Section 425 and section 426 establish points of order 
  against consideration.
      Section 425(a)(2) establishes a point of order against any bill, 
  joint resolution, amendment, motion, or conference report that would 
  increase the direct costs of federal intergovernmental mandates by an 
  amount that exceeds the $50 million threshold in section 424(a)(1) 
  unless it also provides spending authority or authorizes sufficient 
  appropriations to cover the costs. Section 426(a) of the Act 
  establishes a point of order against consideration of any rule or 
  order that waives the application of section 425. Points of order 
  under sections 425 and 426(a) of the Budget Act are disposed of not by 
  a ruling of the Chair but by raising the question of consideration. 
  Section 426(b)(2) establishes as a threshold premise for cognizability 
  as a point of order under section 425 or 426(a) the specification of 
  precise legislative language that is alleged to constitute a federal 
  mandate.

[[Page 681]]

                                   Form

      The gentleman from  __________ makes a point of order that the 
    resolution (H. Res.  ____) violates section 426(a) of the 
    Congressional Budget Act of 1974 by waiving all points of order 
    (therefore necessarily including the application of section 425 of 
    that Act) during the consideration of H.R. ____. In accordance with 
    section 426(b)(2) of the Act, the gentleman has met his threshold 
    burden to identify the language of the resolution that has that 
    effect. Under section 426(b)(4) of the Act, the gentleman from  
    __________ and a Member opposed will each control 10 minutes of 
    debate on the point of order. Pursuant to section 426(b)(3) of the 
    Act, after debate on the point of order the Chair will put the 
    question of consideration, to wit: ``Will the House now consider the 
    resolution?''



[[Page 683]]

 
                          QUESTIONS OF PRIVILEGE

                              I. Introductory

  Sec.  1. In General
  Sec.  2. Precedence of Questions of Privilege

                        II. Privilege of the House

              A. Basis of Privilege

  Sec.  3. Introductory; What Constitutes a Question of Privilege
  Sec.  4. Charges of Illegality or Impropriety
  Sec.  5. House Jurisdiction, Powers, and Prerogatives
  Sec.  6. Intervention in Judicial Proceedings
  Sec.  7. Correcting the Record; Expungement
  Sec.  8. Service of Process on Members
  Sec.  9. Service on House Officers or Employees
  Sec. 10. Service on Committee Chairmen or Employees
  Sec. 11. Procedure in Complying With Process
  Sec. 12. Resolutions Authorizing or Precluding Response
  Sec. 13. -- Conditions or Limitations on Response
  Sec. 14. Disclosure of Executive Session Materials
  Sec. 15. Providing for Legal Counsel

              B. Consideration

  Sec. 16. Raising and Presenting the Question
  Sec. 17. Debate; Disposition

                          III. Personal Privilege

              A. Basis of Privilege

  Sec. 18. In General
  Sec. 19. Charges by a Fellow Member; Words Used in Debate
  Sec. 20. Charges in the Press

              B. Consideration and Debate

  Sec. 21. Raising the Question; Procedure
  Sec. 22. Debate on the Question; Speeches

[[Page 684]]

        Research References
          3 Hinds Secs. 2521-2725
          6 Cannon Secs. 553-622
          3 Deschler Ch 11
          Manual Secs. 661-668

                              I. Introductory


  Sec. 1 . In General

                       Definitions and Distinctions

      The term ``privilege'' arises frequently in the rules governing 
  the procedures of the House. It may refer to questions of the 
  privilege of the House, to questions of personal privilege, to the 
  privilege of Members from arrest, and to the privilege of certain 
  motions. This chapter focuses primarily on questions of the privilege 
  of the House and on questions of personal privilege.
      Questions of privilege are classified by a House rule as (1) those 
  affecting the rights of the House collectively, its safety, dignity, 
  and the integrity of its proceedings, and (2) the rights, reputation, 
  and conduct of Members, individually, in their representative capacity 
  only. See Rule IX. This rule, adopted in 1880, was based on procedures 
  that had been followed in the House as a matter of longstanding 
  custom. 3 Hinds Secs. 2521 et seq. The rule was amended in the 103d 
  Congress to permit the Speaker to postpone consideration of certain 
  questions of privilege for up to two legislative days and to designate 
  a time for consideration within that time frame. See Sec. 16, infra.
      Questions of the privilege of the House are brought before it in 
  the form of a resolution (Sec. 16, infra), whereas questions of 
  personal privilege are raised by a Member from the floor on being 
  recognized for that purpose (Sec. 21, infra).
      Questions of privilege are to be distinguished from privileged 
  questions. The latter relate merely to the order or priority of 
  business under the rules of the House, while the former pertain to the 
  safety and dignity of the House or the integrity of its proceedings, 
  or to the rights or reputation of its Members (3 Hinds Secs. 2654, 
  2718). Privileged questions, see Order of Business.

                     Privilege of Members From Arrest

      Under the Constitution, Senators and Representatives are 
  privileged from arrest, except for ``treason, felony, and breach of 
  the peace,'' during attendance at a session and in going to and 
  returning therefrom. U.S. Const.

[[Page 685]]

  art. I Sec. 6. This privilege may be invoked in cases not covered by 
  the exceptions, as where there has been an arrest for fraud and 
  delinquency in connection with a debt. 3 Hinds Sec. 2676. The 
  constitutional language excepting ``treason, felony, and breach of the 
  peace'' is construed to mean all indictable crimes (3 Hinds 
  Sec. 2673), and indeed the privilege does not apply so as to protect a 
  Member from arrest in any criminal case (Manual Sec. 91). Thus, a 
  Member may be arrested and prosecuted for a felony specified in a 
  timber protection statute, and the fact that Congress was in recess at 
  the time of his arrest is no defense. Williamson v United States, 207 
  US 425 (1908). An investigation by committee of a Member's arrest to 
  determine whether it was in violation of the privilege may be 
  initiated by resolution. 3 Hinds Sec. 2673. For more detailed analysis 
  of this privilege, see Deschler Ch 7 Sec. 18.

                      Privilege of Speech and Debate

      The Constitution (art. I Sec. 6 clause 1) provides that Members or 
  Senators ``shall not be questioned in any other place'' for ``any 
  speech or debate in either House.'' This clause precludes judicial 
  inquiry into the motivation, preparation, and content of a Member's 
  speech. Manual Sec. 93. All speech, debate, and remarks on the floor 
  are privileged, as is material inserted in the Record by a Member with 
  the consent of the House. Deschler Ch 7 Sec. 16. But the Supreme Court 
  has circumscribed the protection provided under the clause by 
  upholding a 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. United States v Brewster, 408 U.S. 501 (1972). This 
  clause does not prevent the House from applying rules relating to 
  ``proper debate'' and from adopting procedures to deal with 
  transgressions of those rules. 104-1, May 25, 1995, p ____.


  Sec. 2 . Precedence of Questions of Privilege

      A question of privilege has been held to take precedence over all 
  questions except the motion to adjourn. This precedence is given to 
  both questions of the privileges of the House (Rule IX clause 2(a)) 
  and to questions of personal privilege (Rule IX clause 2(b)) under the 
  applicable House rule. ``The rights and privileges of the Members of 
  the House, in the discharge of their functions, are sacred,'' said 
  Speaker Reed in 1890, ``and the House can undertake no higher duty 
  than the conservation of those rights and privileges. Even if the case 
  arises under dubious circumstances, it is proper for

[[Page 686]]

  the House to pause and give suitable heed to any question which any 
  Member raises with regard to his rights and privileges as a Member.'' 
  3 Hinds Sec. 2524. The House has, since the 103d Congress, restricted 
  the right to bring a question of privilege before the House without 
  notice (see Rule IX clause 2; Manual Sec. 661a). Only the Majority and 
  Minority Leaders can now raise such a question ``at any time.'' See 
  Sec. 16, infra.
      Questions of privilege have been held to take precedence over 
  other business (3 Hinds Sec. 2523), including:

     The reading of messages from the President; such messages are 
         received but do not displace the question of privilege (5 Hinds 
         Secs. 6640-6642).
     District of Columbia business under Rule XXIV clause 8 
         (Deschler Ch 11 Sec. 5.8).
     Business in order on Calendar Wednesday (7 Cannon Secs. 908-
         910; Deschler Ch 11 Sec. 5.7).
     Special orders for the consideration of business (3 Hinds 
         Secs. 2524, 2525, 2554).
     Reports from the Committee on Rules (8 Cannon Sec. 3491).
     A motion to resolve into Committee of the Whole (8 Cannon 
         Sec. 3461).
     Motions to reconsider (5 Hinds Secs. 5673-5676).
     Suspension of the rules (3 Hinds Sec. 2553; 6 Cannon 
         Secs. 553, 565).
     Scheduled special-order speeches (96-1, Sept. 21, 1979, p 
         25656).
     Senate amendments undisposed of after rejection of a 
         conference report (3 Hinds Sec. 2531).

      In general, one question of privilege may not take precedence over 
  another (3 Hinds Secs. 2534, 2552, 2581), and the Chair's power of 
  recognition (and his scheduling prerogative under Rule IX) determine 
  which of two matters of equal privilege is considered first (101-2, 
  July 24, 1990, p ____). A question of personal privilege may not be 
  raised while a question of the privileges of the House is pending. 99-
  1, Apr. 30, 1985, p 9808; 99-1, May 1, 1985, p 10003.

           Precedence Over the Previous Question; Interruptions

      A Member may be recognized to offer a resolution asserting a 
  question of privilege before another Member moves the previous 
  question on a bill. 92-2, May 24, 1972, p 18675. The question of 
  privilege takes precedence over the consideration of a motion for the 
  previous question (Deschler Ch 11 Sec. 5.9), and over certain 
  propositions on which the previous question has been ordered. 3 Hinds 
  Sec. 2532; 6 Cannon Sec. 561. The question of privilege supersedes the 
  consideration of the proposition and must be disposed of first. 3 
  Hinds Sec. 2522; Deschler Ch 11 Sec. 5.3. It loses its privilege, 
  however, when connected with or amended by a proposition not 
  privileged. 3 Hinds Sec. 2551; 5 Hinds Sec. 5890. Moreover, since only 
  one question of privilege may

[[Page 687]]

  be pending at a time (3 Hinds Sec. 2533), another Member will not be 
  recognized during such time to present another question of privilege 
  (Deschler Ch 11 Sec. 5.4).
      A Member by rising to a question of privilege may not deprive 
  another Member of the floor (5 Hinds Sec. 5002; 8 Cannon Secs. 2458, 
  2528; Deschler Ch 11 Sec. 23.2), although the latter may yield him 
  time for preliminary debate on the question (Deschler Ch 11 
  Sec. 23.3). Such a question may not interrupt a roll call or yea-and-
  nay vote. 5 Hinds Secs. 6051, 6052, 6058; 6 Cannon Secs. 554, 564.
      A question of privilege may interrupt the consideration of a bill 
  under a special order (3 Hinds Secs. 2524, 2525) or a rule providing 
  for a vote without intervening business (6 Cannon Sec. 560). A 
  question of the privilege of the House may interrupt the reading of 
  the Journal (Deschler Ch 11 Sec. 5.6), whereas a question of personal 
  privilege may not (Deschler Ch 11 Sec. 23.1).

                          As Unfinished Business

      A question of privilege pending at the time of adjournment becomes 
  the unfinished business on the next day (Deschler Ch 11 Sec. 5.5), and 
  takes precedence over unfinished business which is privileged under 
  Rule XXIV clause 1 (order of business). 94-1, June 4, 1975, p 16860.

                        II. Privilege of the House


                           A. Basis of Privilege


  Sec. 3 . Introductory; What Constitutes a Question of Privilege

                            Elements Generally

      Questions of privilege of the House are those which affect its 
  rights collectively, ``its safety, dignity, and the integrity of its 
  proceedings. . . .'' Rule IX. Manual Sec. 661. A question asserted to 
  involve the privilege of the House must involve one or more of the 
  elements specified by Rule IX. See 104-1, Feb. 7, 1995, p ____. A 
  Member may not by raising a question of the privileges of the House 
  attach privilege to a question not otherwise in order under the rules 
  of the House. 93-2, June 27, 1974, p 21596.
      Questions relating to the organization of the House (1 Hinds 
  Secs. 22-24) and the right of Members to their seats (3 Hinds 
  Secs. 2579-2587), as well as various questions incidental thereto (1 
  Hinds Sec. 322; 2 Hinds Sec. 1207; 3 Hinds Sec. 2588), have been held 
  to give rise to questions of the privilege of the House. Manual 
  Sec. 662. The same is true of a proposition declaring the office of 
  the Speaker vacant (6 Cannon Sec. 35), and the resignation of a Mem-

[[Page 688]]

  ber from a select or standing committee (94-1, June 16, 1975, p 19054; 
  95-1, Mar. 8, 1977, pp 6579-82).

                            Safety and Dignity

      A resolution directing an investigation into the safety of Members 
  in the light of alleged structural deficiencies in the Capitol (96-2, 
  July 25, 1980, pp 19762-64), expressing the sense of the House as to 
  the proper attire for Members during meetings (96-1, July 17, 1979, pp 
  19072, 19073), or directing a committee to investigate and report on 
  the impact of a test involving television coverage of House 
  proceedings (95-1, Mar. 15, 1977, p 7608), gives rise to a question of 
  the privileges of the House.
      Questions relating to the health and comfort of Members and 
  employees have been held to give rise to a question of the privileges 
  of the House. 3 Hinds Secs. 2629-2633. Subjects relating to the mere 
  convenience of Members are not necessarily entertained as privileged. 
  3 Hinds Sec. 2635.

                   Integrity of the Legislative Process

      Among the subjects giving rise to a question of the privileges of 
  the House are questions relating to the integrity of the legislative 
  process (3 Hinds Secs. 2597-2601, 2614), including:

     The presence on the floor of unauthorized persons (94-2, Sept. 
         9, 1976, p 29498).
     The conduct of those in the press gallery (3 Hinds Sec. 2627).
     The integrity of the Journal (2 Hinds Sec. 1363; 3 Hinds 
         Sec. 2620).
     The protection of House records and files (3 Hinds Sec. 2659).
     The accuracy of House documents and messages (3 Hinds 
         Sec. 2613).
     A resolution directing the Committee on Rules to investigate 
         and report to the House within a time certain on alleged 
         alterations of the Congressional Record (98-2, Jan. 24, 1984, p 
         250).
     A resolution alleging that the Chair had improperly ordered 
         the interruption of audio broadcast coverage of certain House 
         proceedings (100-2, Mar. 17, 1988, p 4180).
     A resolution seeking a determination whether there had been an 
         unreasonable delay in transmitting an enrolled bill to the 
         President (102-1, Oct. 8, 1991, p ____).
     The fraudulent introduction of a bill (4 Hinds Sec. 3388).
     The attempted bribery or corruption of Members (2 Hinds 
         Sec. 1599; 6 Cannon Sec. 580).
     An assault on a committee clerk (2 Hinds Sec. 1629).
     Use of an allegedly forged document at a committee hearing 
         (104-1, Oct. 25, 1995, p ____).

      A resolution directing a committee to investigate the 
  circumstances surrounding the publication in a newspaper of a select 
  committee report, which

[[Page 689]]

  the House had ordered not to be released, gave rise to a question of 
  the privileges of the House, since it related to the integrity of 
  House proceedings and the sanctity of its records. 94-2, Feb. 19, 
  1976, p 3914.

                Effecting Changes in House Rules or Orders

      A question of the privilege of the House may not be raised to 
  effect a change in the rules of the House or their interpretation 
  (Deschler Ch 11 Sec. 3.1; 102-2, July 30, 1992, p ____), or to 
  collaterally attack a rule or order properly adopted by the House at a 
  previous time, the proper method of reopening the matter being by 
  motion to reconsider. Deschler Ch 11 Sec. 3.2. Thus, a resolution 
  collaterally challenging 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. 103-1, Feb. 3, 1993, p ____.
      Similarly, it has been held that a question of the privilege of 
  the House may not be raised to:

     Collaterally challenge a standing order establishing a joint 
         meeting for a foreign head of state by prohibiting future 
         invitations (104-2, Jan. 31, 1996, p ____).
     Direct the Speaker to follow certain customs in allowing one-
         minute speeches at the beginning of a session (96-2, July 25, 
         1980, p 19764).
     Permit petitioners seeking redress of grievances to have 
         access to the House floor (92-2, May 24, 1972, p 18675).
     Broaden the rule relating to access by Members to committee 
         records (95-1, Dec. 6, 1977, p 38470).
     Direct 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 (98-2, 
         Jan. 23, 1984, p 78).
     Direct a committee to consider certain business (94-1, July 
         31, 1975, p 26250), a motion to that effect not being in order 
         under the rules (93-2, June 27, 1974, p 21596).
     Declare a recess to receive a petition (92-2, May 24, 1972, p 
         18675).
     Effect a change in conference procedures (Deschler Ch 11 
         Sec. 3.3).
     Direct the House to consider certain legislative measures 
         deemed essential to the operation of government (104-2, Feb. 1, 
         1996, p ____).

      The constitutional validity of an existing rule of the House may 
  not be challenged under the guise of a question of privilege, whether 
  that existing rule was adopted by separate vote of the House or, 
  instead, by its vote on the adoption of all of its rules. 103-1, Feb. 
  3, 1993, p ____.
      A Member may not by raising a question of the privileges of the 
  House under Rule IX thereby attach privilege to a question not 
  otherwise in order under the rules of the House. 94-1, July 31, 1975, 
  p 26250. For example, a resolution directing that the reprogramming 
  process established in law for legislative branch appropriations be 
  subjected to third-party review for con-

[[Page 690]]

  formity 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. 102-2, May 20, 1992, p 
  ____.


  Sec. 4 . Charges of Illegality or Impropriety

           Specific Charges and General Criticism Distinguished

      General criticism of the Congress (Deschler Ch 11 Sec. 8.1) or the 
  Members of the House (Deschler Ch 11 Sec. 8.2) does not give rise to a 
  question of the privilege of the House. Allegations that are merely 
  critical of the legislative process, such as charges of inactivity in 
  regard to a subject reported from committee, are insufficient. 93-2, 
  June 24, 1974, pp 21596-98. But an allegation of criminal conduct by 
  the Congress has been presented as a question of the privilege of the 
  House (Deschler Ch 11 Sec. 8.3), as have charges that the House was 
  being influenced by mobs (Deschler Ch 11 Sec. 8.4) or that a committee 
  of the House was engaged in subversive activities (80-2, Mar. 10, 
  1948, p 2476).

                         Charges Involving Members

      Charges against Members have often been made the basis of a 
  question of personal privilege (Secs. 18-20, infra). Such charges may 
  also give rise to a question of the privilege of the House where they 
  involve elements of illegality or criminality so as to impugn the 
  honor and dignity of the House itself. Thus, charges against Members 
  of graft (7 Cannon Sec. 911), abuse of the franking privilege (3 Hinds 
  Sec. 2705), use of ``ghost'' employees (102-2, Apr. 9, 1992, p ____), 
  improper attempts to influence a vote (Deschler Ch 11 Sec. 9.1), or 
  giving away atomic secrets (Deschler Ch 11 Sec. 9.2), have given rise 
  to the privilege of the House, as has the illegal solicitation of 
  political contributions in a House office building. 99-1, July 10, 
  1985, p 18397. But a mere allegation that a Member distributed an 
  unauthorized questionnaire was held insufficient to give rise to a 
  question of the privileges of the House. Deschler Ch 11 Sec. 9.3.
      A question of the privilege of the House may be based on charges 
  against Members even though they are not identified by name. 3 Hinds 
  Sec. 2705.
      In 1992, resolutions relating to the operation of the ``bank'' in 
  the Office of the Sergeant at Arms were presented as questions of the 
  privileges of the House, including a resolution 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.'' See 102-2, Mar. 12, 1992, 
  p ____.

[[Page 691]]

               Charges Involving House Officers or Employees

      Charges that an officer or employee of the House acted illegally 
  or improperly may give rise to a question of the privilege of the 
  House. 3 Hinds Secs. 2628, 2645-2647; 6 Cannon Sec. 35; Deschler Ch 11 
  Sec. 10.3. Thus, a charge that an officer of the House conspired to 
  influence legislation is taken up as a question of privilege of the 
  House. 3 Hinds Sec. 2628. The same is true of an allegation that an 
  officer of the House made secret motions in certain litigation without 
  the knowledge of the House (96-2, Feb. 13, 1980, p 2768) or that an 
  employee appeared in court as special counsel for a committee without 
  authorization (Deschler Ch 11 Sec. 10.3). Allegations of improper 
  representation by counsel of the legal position of Members in a brief 
  (101-2, Mar. 22, 1990, p ____), and allegations of unauthorized 
  intervention by a committee employee in judicial proceedings (102-2, 
  Feb. 5, 1992, p ____), have also given rise to a question of the 
  privileges of the House. On the other hand, merely alleging favoritism 
  by the Speaker in making appointments (Deschler Ch 11 Sec. 10.1) or 
  rudeness by the Doorkeeper in removing an occupant of the gallery 
  (Deschler Ch 11 Sec. 10.2) have been held not to give rise to a 
  question of the privileges of the House.
      In the 102d Congress, numerous resolutions relating to the 
  financial operation of 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. Among them were resolutions 
  terminating all bank and check-cashing operations in the Office of the 
  Sergeant at Arms (102-1, Oct. 3, 1991, p ____), directing the 
  Committee on House Administration to conduct an investigation of the 
  operation and management of the Office of the Postmaster (102-2, Feb. 
  5, 1992, p ____), and directing the Committee on Standards of Official 
  Conduct to investigate alleged violations of confidentiality by 
  certain staff members (102-2, July 22, 1992, p ____).


  Sec. 5 . House Jurisdiction, Powers, and Prerogatives

      Issues relating to the jurisdiction of the House or its 
  prerogatives under the U.S. Constitution may give rise to a question 
  of the privileges of the House. Hinds Secs. 1480-1537; Cannon 
  Sec. 315; Deschler Ch 11 Sec. 13. Matters which may be raised under 
  this rule include jurisdictional questions relating to appropriations 
  and the prerogative of the House to originate revenue-raising 
  legislation. 2 Hinds Secs. 1480-1501; 6 Cannon Sec. 315; Deschler Ch 
  11 Sec. 13.1; 100-2, June 21, 1988, p 15425. Generally, see 
  Appropriations.

[[Page 692]]

  Other related matters which have given rise to a question of the 
  privileges of the House include:

     The issuance of a court order restraining the publication of a 
         committee report (Deschler Ch 11 Sec. 13.3).
     The disclosure of House records in response to process issued 
         by a federal court (93-2, Dec. 18, 1974, p 40925).
     Intervention in judicial proceedings concerning the 
         constitutionality of the one-House veto (95-1, Nov. 2, 1977, p 
         13949) or other legislative review provision (97-1, Jan. 29, 
         1981, p 1304).
     The prerogative of the House when a bill has been ``pocket 
         vetoed''(Manual Sec. 662).
     The affirmative vote necessary to extend the time period for 
         state ratification of a constitutional amendment (95-2, Aug. 
         15, 1978, p 26203).
     The constitutional authority of the House with respect to 
         impeachment propositions (3 Hinds Secs. 2045-2048).

      However, Rule IX is concerned not with the privileges of the 
  Congress as a legislative branch, but only with the privileges of the 
  House itself. Thus, neither the enumeration of legislative powers in 
  Article I, Sec. 8 of the Constitution nor the prohibition of that 
  article against any withdrawal from the Treasury except by enactment 
  of an appropriation renders a measure purporting to exercise or limit 
  those powers a question of the privileges of the House. 104-1, Feb. 7, 
  1995, p ____. Also, the revenue-raising prerogative of the House may 
  not be raised when the House is not in possession of the original 
  papers (Deschler's Ch 13 Sec. 14.2) nor may the issue be raised after 
  the House has adopted a conference report containing an additional 
  revenue matter not in either House or Senate version (104-1, Apr. 6, 
  1995, p ____).

         Contempt Proceedings; Enforcement of Orders and Subpenas

      The power of the House to punish for contempt may be invoked as a 
  basis for raising a question of the privileges of the House. That 
  question has been held to arise where contemptuous conduct has been 
  charged against a Member (see 2 Hinds Secs. 1641 et seq.), where a 
  witness has refused to respond to an order to give testimony (3 Hinds 
  Secs. 1666 et seq.; Deschler Ch 11 Sec. 12), and where a person has 
  been charged with an offense against the House (2 Hinds Secs. 1597 et 
  seq.), such as attempted bribery (2 Hinds Sec. 1599). Committee 
  reports relating to the refusal of a witness to be sworn (Deschler Ch 
  11 Sec. 12.2) or respond to a subpena duces tecum (Deschler Ch 11 
  Sec. 12.3) likewise give rise to a question of the privileges of the 
  House.

[[Page 693]]

  Sec. 6 . Intervention in Judicial Proceedings

      The House sometimes authorizes special appearances on its own 
  behalf in judicial proceedings relating to the powers and prerogatives 
  of the House, and resolutions granting the authority to intervene in 
  such cases may be called up as privileged. 94-2, Aug. 26, 1976, p 
  27858; 97-1, Jan. 29, 1981, p 1304. The authority to intervene in 
  judicial proceedings has been granted in cases involving the 
  constitutionality of the one-House veto (95-1, Nov. 2, 1977, p 13949) 
  or other legislative review provision (97-1, Jan. 29, 1981, p 1304), 
  the validity and effect of subpenas issued by House committees or 
  subcommittees (94-2, Aug. 26, 1976, p 27858), and the 
  constitutionality of a law relating to the franking privilege (94-2, 
  July 1, 1976, p 21852).
      The House may authorize the Speaker to take any steps he considers 
  necessary, including intervention as a party or by submission or 
  briefs amicus curiae, in order to protect the interests of the House. 
  97-1, Jan. 29, 1981, p 1304. The House has on occasion adopted 
  resolutions authorizing standing or select committees to make 
  applications to courts in connection with their investigations. 95-1, 
  Feb. 9, 1977, pp 3966-75; 95-1, Sept. 28, 1977, pp 31329-36. The House 
  has also authorized the chairman of a subcommittee to intervene in a 
  pending action on behalf of the subcommittee to obtain information in 
  the possession of a federal agency (the FTC). 94-1, Dec. 18, 1975, p 
  41707.


  Sec. 7 . Correcting the Record; Expungement

      The accuracy and propriety of reports in the Congressional Record 
  may give rise to a question of the privileges of the House. 5 Hinds 
  Secs. 7005-7023; 8 Cannon Secs. 3461, 3463, 3464; Deschler Ch 11 
  Sec. 11; Manual Sec. 662. Accordingly, a resolution to request the 
  Senate to expunge from the Record certain debate reflecting on the 
  integrity of the House or which is offensive or otherwise improper may 
  give rise to a question of the privilege of the House, as may 
  resolutions to expunge from the Record matter improperly inserted 
  under leave to print. Deschler Ch 11 Sec. 11. However, neither a 
  question of personal privilege nor a question of the privilege of the 
  House arises during debate in which offensive language is used, the 
  remedy being to demand the objectionable words be taken down pursuant 
  to Rule XIV clause 4 when spoken. 81-2, Feb. 6, 1950, p 1514. For 
  further discussion of the procedure for taking down words, see 
  Consideration and Debate.
      A resolution to correct inaccuracies in the Record is presented as 
  a question of the privileges of the House. 5 Hinds Sec. 7019; 8 Cannon 
  Sec. 3461; Deschler Ch 11 Sec. 11.9; 96-1, May 7, 1979, pp 10099, 
  10100. However, a resolution to restore to the Record remarks 
  previously deleted by House

[[Page 694]]

  order does not present a question of the privilege of the House, the 
  proper method of reopening the matter being by motion to reconsider 
  the vote. Deschler Ch 11 Sec. 11.10.


  Sec. 8 . Service of Process on Members

      The service of judicial process on a Member of the House has long 
  been perceived as a matter relating to the integrity of House 
  proceedings, and as constituting a basis for raising the question of 
  the privileges of the House. 7 Cannon Sec. 2164; Deschler Ch 11 
  Secs. 14.1-14.10. Accordingly, when a Member is subpenaed on a matter 
  relating to House business, the privilege of the House arises, and he 
  advises the Speaker who lays the matter before the House for its 
  consideration. Deschler Ch 11 Secs. 14.1-14.4; 94-2, Jan. 22, 1976, p 
  581. Any modifications in the subpena or other process, made by the 
  court after service, are likewise laid before the House. Deschler Ch 
  11 Sec. 14.3.
      This practice is followed whether the Member has been served with 
  a summons as a defendant (Deschler Ch 11 Sec. 14.1) or with a subpena 
  as a witness (Deschler Ch 11 Sec. 14.2). The privilege of the House 
  arises in such cases whether the process has been issued by a state 
  court (Deschler Ch 11 Secs. 14.4, 14.5; 95-2, Sept. 26, 1978, p 31703) 
  or by a federal court (87-1, Feb. 9, 1961, p 2000; 87-1, Feb. 21, 
  1961, p 2480), and is applicable to:

     Grand jury proceedings (Deschler Ch 11 Sec. 15; 94-2, Apr. 1, 
         1976, p 9125).
     Orders to appear and show cause (Deschler Ch 11 Sec. 14.9; 91-
         2, May 19, 1970, p 16165).
     Orders to appear for the taking of depositions or to answer 
         interrogatories (Deschler Ch 11 Sec. 14.10; 91-2, July 22, 
         1970, p 25333).
     Preliminary proceedings in criminal cases (92-1, Sept. 23, 
         1971, p 33114).
     Administrative proceedings before federal agencies such as the 
         FCC (Deschler Ch 11 Sec. 14.8).


  Sec. 9 . Service on House Officers or Employees

      The service of process on the House or any of its officers or 
  employees on a matter relating to House business gives rise to a 
  question of the privileges of the House, and the matter must be laid 
  before the House for its consideration. Deschler Ch 11 Secs. 14-16. 
  This procedure is followed whether service is on the Speaker himself 
  (Deschler Ch 11 Sec. 16.2; 88-1, Jan. 17, 1963, p 504; 91-1, Sept. 3, 
  1969, p 24002) or on the Clerk of the House (Deschler Ch 11 
  Secs. 16.3, 16.7-16.9), or on the Sergeant at Arms (Deschler Ch 11 
  Secs. 16.4, 16.11; 89-1, July 13, 1965, p 16529, and is applicable 
  when

[[Page 695]]

  service is on a House employee (93-2, Sept. 30, 1974, p 33020) 
  including an employee of the House Republican Conference (94-1, Sept. 
  23, 1975, p 29824).
      The privilege arises whether the process is a summons naming the 
  individual as a defendant (Deschler Ch 11 Secs. 16.3, 16.4; 93-1, Oct. 
  25, 1973, p 34991) or a subpena requiring the party to appear as a 
  witness (Deschler Ch 11 Secs. 16.7-16.12). It applies to a court order 
  to appear with House documents or other papers (90-2, Jan. 16, 1968, p 
  80; 95-2, Sept. 26, 1978, p 31758; 97-1, Apr. 10, 1981, p 7305), to an 
  order to appear for the taking of a deposition (Deschler Ch 11 
  Sec. 16.18), and to an order to show cause for the failure to comply 
  with a prior subpena (93-2, Dec. 20, 1974, p 41863). The privilege 
  arises whether the process was issued in a civil action (93-1, Nov. 
  15, 1973, p 37136), a criminal proceeding (Deschler Ch 11 Secs. 16.9, 
  16.12; 92-1, Sept. 13, 1971, p 31575), or a court martial (Deschler Ch 
  11 Sec. 16.17). The privilege extends to executive session records of 
  a committee, and applies to a court order requesting production of 
  such records from a prior Congress. 97-1, Apr. 28, 1981, p 7603.


  Sec. 10 . Service on Committee Chairmen or Employees

      The service of a summons or other process on the chairman of a 
  committee (Deschler Ch 11 Secs. 17.1-17.4; 92-1, July 7, 1971, p 
  23813) or on one or more of its employees (Deschler Ch 11 Secs. 17.5, 
  17.8; 86-1, Apr. 14, 1959, p 5858; 97-1, June 4, 1981, p 11501) gives 
  rise to a question of the privilege of the House, and the matter is 
  laid before the House for its consideration. This practice is followed 
  where a subpena or other process has been served on a committee clerk 
  (86-1, Apr. 27, 1959, p 6825), staff counsel for a committee (87-1, 
  Feb. 21, 1961, p 2482), or a staff investigator for a committee (87-2, 
  May 21, 1962, p 8823; 87-1, Feb. 21, 1961, p 2482), and has been 
  invoked where a court order named both current and former employees 
  (92-1, Mar. 2, 1971, pp 4584, 4593). It is applicable to a former 
  employee of a former House select committee who has been subpenaed to 
  give a deposition as to his recollection of certain executive session 
  transactions. 97-1, Jan. 22, 1981, pp 694, 695.
      The House is notified in the event that the subpena is 
  subsequently modified (87-1, Feb. 21, 1961, p 2482) or withdrawn (93-
  2, June 6, 1974, p 18072).
      A court order to compel the production of documents is within the 
  scope of the privilege (94-1, Dec. 19, 1975, p 41972), as is a court 
  order for the inspection and copying of certain documents (Deschler Ch 
  11

[[Page 696]]

  Sec. 17.9). Court orders issued pursuant to grand jury proceedings are 
  similarly treated (Deschler Ch 11 Sec. 17.7).
      Under the former practice, an employee served with process 
  notified the chairman of his committee, who then wrote a letter to the 
  Speaker (see, for example, 86-1, Apr. 14, 1959, p 5858; 87-1, Feb. 21, 
  1961, p 2482). Under Rule L clause 2, the employee notifies the 
  Speaker, in writing, of the service of process (Manual Sec. 946).


  Sec. 11 . Procedure in Complying With Process

      In 1981, the House adopted Rule L, which provides general 
  authority to the Members, officers, and employees of the House to 
  comply with subpenas served on them in relation to their functions, 
  ``consistently with the rights and privileges of the House.'' Under 
  the early practice, whenever a Member or officer or employee received 
  a subpena, the House had to consider the adoption of a resolution 
  authorizing a response. The House would decide case-by-case whether 
  the person served should or should not comply with the subpena. In 
  1977, and again in 1979, the House adopted a resolution which granted 
  general authority to respond to subpenas, but reserved to the House 
  the right to revoke this permission in any specific case. Under this 
  procedure, automatic compliance was authorized without the necessity 
  of a House vote. See Manual Sec. 946 (note).
      Rule L continues this procedure and adds new steps to be taken in 
  responding to a judicial subpena: it (1) directs compliance with such 
  subpenas, subject to certain conditions, unless otherwise determined 
  pursuant to the rule; (2) requires that the Speaker be promptly 
  notified of the receipt of such subpena and that such notification be 
  laid before the House; (3) requires a determination as to the 
  propriety of the issuance of the subpena and its materiality and 
  relevance; (4) requires that, when a determination has been made as to 
  the propriety of the subpena, the Speaker and the House are so 
  notified. Manual Sec. 946. Since the authorization to comply with a 
  subpena under Rule L does not take effect until the required 
  determination of relevancy has been made (95-1, Apr. 6, 1977, p 
  10800), the Speaker is notified when determinations are to be made as 
  to the propriety of a subpena, and the Speaker lays the matter before 
  the House. 97-1, Apr. 28, 1981, p 7603; 97-1, June 4, 1981, p 11501; 
  97-1, Nov. 21, 1981, p 28709. The Speaker is notified and the House 
  informed when a committee employee has determined, after consultation 
  with counsel, that it would be consistent with the provisions of Rule 
  L to comply with a subpena. 97-1, Nov. 16, 1981, p 27648. Rule L does 
  not require the text of the subpena to be printed in the Record. 102-
  2, July 31, 1992, p ____.

[[Page 697]]

  Sec. 12 . Resolutions Authorizing or Precluding Response

      Although Rule L established a procedure for automatic compliance 
  with subpenas without the necessity of a House vote (Manual Sec. 946), 
  the House may still assert its privilege, as it has in the past, by 
  adopting a resolution that precludes a response to a subpena in any 
  particular case (93-2, Dec. 18, 1974, p 41863; 94-1, Jan. 23, 1975, p 
  1161; 94-1, Dec. 19, 1975, p 49172), or which imposes certain 
  conditions or limitations on testimony that may be given or documents 
  that may be produced (Deschler Ch 11 Sec. 18). The assertion of this 
  privilege through the adoption of a resolution has been based on the 
  doctrine of separation of powers. 94-1, Jan. 23, 1975, p 1161.
      A resolution authorizing a response to a court order such as a 
  subpena involves the privileges of the House (91-1, July 1, 1969, p 
  17948; 93-2, Jan. 23, 1974, p 464), and a Member calling up the 
  resolution is recognized under the hour rule for debate (91-1, July 1, 
  1969, p 17948).
      In the 102d Congress, the House considered as questions of the 
  privileges of the House resolutions responding to a subpena for 
  records of the House ``bank'' and to a contemporaneous ``request'' for 
  such records from a special counsel (102-2, Apr. 29, 1992, p ____), 
  and authorizing an officer of the House to release certain documents 
  in response to another such request from the special counsel (102-2, 
  May 28, 1992, p ____).

                         Duration of Authorization

      Resolutions authorizing a response to a subpena or other court 
  order are effective only during the Congress in which they were 
  adopted. If the judicial proceedings in question extend into the next 
  Congress, it may be necessary to seek another authorizing resolution. 
  Deschler Ch 11 Secs. 18.1, 18.2.


  Sec. 13 . -- Conditions or Limitations on Response

      The House, in authorizing a response to a subpena by resolution, 
  may impose various conditions or limitations. The House may:

     Permit copies, but not original documents, to be produced 
         (Deschler Ch 11 Sec. 18; 91-1, Oct. 29, 1969, p 32005; 94-1, 
         Dec. 4, 1975, p 38719).
     Limit disclosure to certified copies of relevant documents 
         (93-2, Jan. 23, 1974, p 464).
     Prohibit disclosure of information acquired in one's official 
         capacity (87-2, May 21, 1962, p 8823; 94-2, Mar. 31, 1976, p 
         8885).
     Prohibit disclosure of information not previously made public 
         (92-1, Mar. 2, 1971, pp 4584, 4593).
     Limit disclosure to certain files and specified documents and 
         only for inspection and copying (91-1, July 1, 1969, p 17948).

[[Page 698]]

     Permit disclosure only on a determination of relevancy (94-1, 
         Jan. 23, 1975, p 1161; 94-2, Mar. 2, 1976, p 4999; 94-2, Mar. 
         31, 1976, p 8885).
     Permit disclosure of certain documents but bar personal 
         appearances (93-2, Aug. 22, 1974, p 30025; 93-2, Sept. 23, 
         1974, p 32023; 94-1, Dec. 19, 1975, p 41972).
     Permit personal appearances but bar production of certain 
         records (Deschler Ch 11 Sec. 18; 93-2, Sept. 16, 1974, p 
         31123).
     Permit production of original documents for laboratory 
         examination (94-2, July 27, 1976, p 24089).
     Permit a Member to respond only when the House is not in 
         session (94-1, June 4, 1975, p 16860; 94-1, Dec. 1, 1975, p 
         37888).


  Sec. 14 . Disclosure of Executive Session Materials

      The House has traditionally required that executive session 
  materials be released only when specifically permitted by authorizing 
  resolution. Deschler Ch 11 Sec. 18.4; 96-1, June 4, 1979, p 13180. 
  This practice is continued under Rule L clause 6, which states that 
  under no circumstances shall any minutes or transcripts of executive 
  sessions, or any evidence of witnesses in respect thereto, be 
  disclosed or copied. Manual Sec. 946. Thus, the House may by 
  resolution assert the privileges of the House against the release of 
  executive session materials (94-1, Dec. 19, 1975, p 41972) or permit 
  the disclosure only after a judicial finding of relevancy (95-1, Jan. 
  19, 1977, p 1724).


  Sec. 15 . Providing for Legal Counsel

                          Statutory Authorization

      Legal counsel, through the Department of Justice, is made 
  available to the officers of the House--but not its Members--pursuant 
  to a provision of the U.S. Code. This statute may be invoked in 
  actions brought against one for anything done by him while an officer 
  of the House in the discharge of his official duty, or in executing 
  any order of the House. The district attorney for the district within 
  which the action is brought is directed on request to enter an 
  appearance on behalf of the officer. 2 USC Sec. 118. This procedure 
  has been followed in actions involving the House (92-2, Aug. 18, 1972, 
  p 29136), the Speaker (93-1, Feb. 5, 1973, p 3207), the Speaker and 
  the Chairman of the Committee on Rules (92-2, May 16, 1972, p 17398), 
  the Clerk of the House (93-1, Mar. 26, 1973, p 9452; 92-2, May 3, 
  1972, p 15627; 93-2, Sept. 16, 1974, p 31124), and the Sergeant at 
  Arms (88-1, June 6, 1963, p 10359; 94-2, May 20, 1976, p 14926).

[[Page 699]]

                        Authorization by Resolution

      On a number of occasions the House has by resolution authorized 
  the appointment of special counsel to represent an officer or Member 
  or employee who has been served with process. Such a resolution is 
  ordinarily privileged for consideration. 92-2, May 3, 1972, p 15627; 
  95-1, Nov. 2, 1977, p 13949; 94-2, Aug. 26, 1976, p 27858. If the 
  resolution is not privileged, as where it was not reported by the 
  appropriate committee, it may be brought up by unanimous consent. 93-
  1, Jan. 6, 1973, p 379. Pursuant to such a resolution, the House has 
  authorized:

     The Speaker to appoint or retain counsel to represent the 
         House and its employees. Deschler Ch 11 Sec. 19.1; 94-1, Jan. 
         23, 1975, p 1161; 94-2, Mar. 9, 1976, p 5829.
     The chairman of a committee, with the approval of the Speaker, 
         to retain special counsel. 95-1, Nov. 2, 1977, p 13949.
     The Sergeant at Arms to retain special counsel, with the 
         approval of the Speaker and the chairman of the committee 
         responsible for House administration. 94-2, Aug. 26, 1976, p 
         27858.
     The retention of special counsel to represent the interests of 
         a subcommittee. 94-2, Aug. 26, 1976, p 27858.
     The retention of special counsel to represent members of a 
         committee and its employees. Deschler Ch 11 Sec. 19.2.

                     Representation by General Counsel

      The House has established an Office of General Counsel to provide 
  legal assistance and representation to the House. Rule I clause 11. 
  The office has assisted and provided representation to Members, 
  committees and House officers and employees in complying with legal 
  process under Rule L.


                             B. Consideration


  Sec. 16 . Raising and Presenting the Question

                     In the House; Use of Resolutions

      Questions of the privilege of the House are brought before the 
  House in the form of a resolution (3 Hinds Sec. 2546; 8 Cannon 
  Sec. 3464; Deschler Ch 11 Sec. 4.2), which may be called up by any 
  Member (3 Hinds Sec. 2536) after proper notice and announcement of the 
  form of the resolution (Rule IX clause 2). Such resolutions are 
  privileged when called up (Sec. 2, supra), but are subject to the two-
  day layover requirement of Rule IX clause 2. The Speaker may designate 
  the time for consideration at any time within two

[[Page 700]]

  legislative days after the announcement. The Majority and Minority 
  Leaders are excluded from this requirement. Manual Sec. 661. They may 
  offer the resolution at any time, yielding only to the motion to 
  adjourn. 103-1, July 22, 1993, p ____.

      Member: Mr. Speaker, I rise to a question of the privilege of the 
    House, and offer a resolution which I send to the Clerk's desk.
      Speaker: The gentleman submits a resolution relating to the 
    privilege of the House, which the Clerk will report.
      Opponent: Mr. Speaker, I make a point of order that the gentleman 
    does not present a question of privilege.
      Speaker: The Chair thinks the gentleman presents a question of 
    privilege, and is recognized. [Or] The Chair will entertain argument 
    as to whether the resolution presents a question of privilege.

      Under Rule IX, a question of the privilege of the House having 
  been raised, the Speaker initially decides whether the question 
  presented constitutes a question of the privilege of the House, and 
  rules as to the validity of the question raised. Deschler Ch 11 
  Secs. 6.1, 6.2. He makes this decision at the time the question of 
  privilege is called up; not at the time notice is given. 104-1, Feb. 
  3, 1995, p ____. Appeal may be taken from the Chair's ruling, however, 
  since the final determination as to the validity of the question rests 
  with the House. Deschler Ch 11 Sec. 6.3.
      The question having been properly raised on the floor by a Member, 
  the Speaker must entertain the question (2 Hinds Sec. 1501) and rule 
  on its admissibility (3 Hinds Secs. 2648-2650; Deschler Ch 11 Sec. 1; 
  94-2, Mar. 9, 1976, p 5825). If the matter is not admissible as a 
  question of privilege of the House, he may refuse recognition. 
  Deschler Ch 11 Sec. 6.1; 90-2, Oct. 8, 1968, p 30214; 93-2, June 27, 
  1974, p 21596.
      The resolution must show a prima facie breach of the privileges of 
  the House. The mere statement that the privileges of the House have 
  been violated does not present a question of privilege. Deschler Ch 11 
  Sec. 4.1.
      A question of privilege may not be presented during a call of the 
  House in the absence of a quorum unless it relates to the immediate 
  proceedings. 3 Hinds Sec. 2545.

                         In Committee of the Whole

      A question of the privilege of the House based on proceedings in 
  the House may not be raised in the Committee of the Whole. Deschler Ch 
  11 Sec. 4.3. A breach of the privilege in the Committee of the Whole 
  relates to the dignity of the House and, if raised, the Committee 
  rises and reports to the House (2 Hinds Sec. 1657). However, such a 
  question must have been reported in Committee of the Whole. If not, it 
  cannot be brought to the atten-

[[Page 701]]

  tion of the House, even though a question of privilege is involved. 4 
  Hinds Sec. 4912.


  Sec. 17 . Debate; Disposition

      A Member offering a resolution raising a question of the 
  privileges of the House is recognized under the hour rule. Deschler Ch 
  11 Sec. 7.1; 90-1, Mar. 9, 1967, pp 6035-49; 91-2, Dec. 14, 1970, pp 
  41355-58. The Member recognized must confine himself in argument to 
  the question raised. Deschler Ch 11 Sec. 7.2.
      Beginning in the 103d Congress, the time allotted for debate on a 
  resolution offered from the floor as a question of the privileges of 
  the House must be equally divided between (A) the proponent of the 
  resolution, and (B) the Majority Leader or the Minority Leader or a 
  designee, as determined by the Speaker. Rule IX clause 2(a)(2). Manual 
  Sec. 661a.
      A question of the privileges of the House is subject to 
  disposition by:

     The ordinary motions permitted under Rule XVI clause 4 (94-2, 
         Feb. 19, 1976, p 3920; 101-2, Mar. 22, 1990, p ____).
     The motion for the previous question (5 Hinds Sec. 5460; 8 
         Cannon Sec. 2672; Deschler Ch 11 Sec. 7.3).
     The motion to postpone (3 Hinds Sec. 2536).
     The motion to refer to committee (8 Cannon Sec. 3461; Deschler 
         Ch 11 Secs. 7.4, 7.5; 101-2, Mar. 22, 1990, p ____).
     The motion to commit under Rule XVII clause 1 (102-2, Mar. 12, 
         1992, p ____).

      A question of the privileges of the House is subject to a timely 
  motion to lay on the table (5 Hinds Sec. 5438; 6 Cannon Sec. 560; 95-
  2, Aug. 15, 1978, p 26203). A resolution raising a question of the 
  privileges of the House may be tabled pursuant to such a motion; 
  tabling is considered a final adverse disposition of that particular 
  resolution although the question may be rephrased and presented anew. 
  5 Hinds Sec. 5438. Any appeal from a decision by the Speaker disposing 
  of the question is likewise subject to the motion to lay on the table. 
  Deschler Ch 11 Sec. 6.3.
      A committee report may be submitted as a matter involving the 
  privileges of the House, and may be considered on the same day 
  reported notwithstanding the three-day availability rule. Deschler Ch 
  11 Sec. 5.10. A proposition to discharge a committee from a question 
  of privilege is itself privileged. 3 Hinds Sec. 2709.
      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 subpena 
  authority to report back to the House by a date certain. 98-1, June 
  29, 1983, p 18104.

[[Page 702]]

                          III. Personal Privilege


                           A. Basis of Privilege


  Sec. 18 . In General

      Questions of personal privilege are defined as those that affect 
  the ``rights, reputation, and conduct'' of individual Members in their 
  representative capacity. Rule IX clause 1. Under this rule, a Member 
  may rise to a question of personal privilege from the floor to respond 
  to criticism of his integrity in his representative capacity. 92-2, 
  Apr. 19, 1972, pp 13491-97. Thus, a statement challenging the 
  integrity of an official transcript of a committee hearing, thus 
  impugning the integrity of those Members responsible for its 
  preparation, has given rise to a question of personal privilege. 86-1, 
  June 23, 1959, p 11587. But charges that do not involve the Member in 
  his representative capacity, such as charges relating to one's conduct 
  prior to becoming a Member, do not give rise to a question of personal 
  privilege. 3 Hinds Secs. 2691, 2723, 2725.
      To give rise to a question of personal privilege, the criticism 
  must reflect directly on the Member's integrity or reputation. 
  Deschler Ch 11 Sec. 24.1. Mere statements of opinion about or general 
  criticism of his actions as a Member (3 Hinds Secs. 2712-2714) or his 
  voting record or views (Deschler Ch 11 Secs. 24.2, 24.3), do not 
  constitute grounds for a question of personal privilege. Thus, a 
  charge that a Member's actions amount to a ``public scandal,'' even 
  when made by the President (6 Cannon Sec. 525), or that a Member 
  distributed certain improper questionnaires (Deschler Ch 11 
  Sec. 24.1), or that he filed a minority report that had been written 
  by employees of a political party (Deschler Ch 11 Sec. 24.4), does not 
  give rise to a question of personal privilege.
      Published charges relating to the House or the Members generally 
  (Deschler Ch 11 Sec. 33.2) or to ``persons advocating'' a certain 
  measure (Deschler Ch 11 Sec. 33.1), with no Member being named or 
  otherwise identified (Deschler Ch 11 Sec. 33.3) do not give rise to a 
  question of personal privilege.
      A question of privilege may not be used to collaterally attack the 
  rules or orders of the House. A refusal by those in charge of the time 
  for general debate on a bill to allot time to a Member does not give 
  that Member grounds for a question of personal privilege. Deschler Ch 
  11 Sec. 24.

[[Page 703]]

  Sec. 19 . Charges by a Fellow Member; Words Used in Debate

                                 Generally

      Statements by a Member accusing another Member of lying (Deschler 
  Ch 11 Sec. 26.7), making a false statement (3 Hinds Sec. 2717), or 
  impugning his motives or veracity (Deschler Ch 11 Sec. 26.8) may give 
  rise to a question of personal privilege, as may accusations of 
  traitorous acts (Deschler Ch 11 Secs. 26.2, 26.5, 26.6), of gross 
  political interference with a government contract (Deschler Ch 11 
  Sec. 26.3), or an abuse of personal power and of sponsoring a smear 
  (Deschler Ch 11 Sec. 26.4). It is not necessary that the Member be 
  identified by name if it is clear from other sources that the 
  reference was to a particular Member (3 Hinds Sec. 2709; 6 Cannon 
  Secs. 616, 617; Deschler Ch 11 Sec. 26.1).

             Words Uttered in Debate or Inserted in the Record

      A question of personal privilege may not be based on language 
  uttered on the floor of the House in debate, the remedy being a timely 
  demand that the objectionable words be taken down when spoken. 8 
  Cannon Sec. 2537; Deschler Ch 11 Sec. 27.1. Generally, see 
  Consideration and Debate. However, such a question may be based on 
  objectionable remarks inserted by a Member in his speech under leave 
  to revise and extend his remarks. 8 Cannon Sec. 2537; Deschler Ch 11 
  Secs. 27.2-27.5. Charges reflecting on a Member's integrity or 
  reputation, inserted in the Record by a Senator, may also give rise to 
  a question of personal privilege. Deschler Ch 11 Secs. 27.6-27.12.


  Sec. 20 . Charges in the Press

                                 Generally

      Criticism of a Member in the press may give rise to a question of 
  personal privilege where the criticism reflects on his integrity or 
  conduct in his representative capacity. 94-1, May 22, 1975, p 15883; 
  94-2, Feb. 23, 1976, p 4062; 96-1, Sept. 21, 1979, p 25656. But vague 
  charges in newspaper articles (6 Cannon Sec. 570), criticisms (3 Hinds 
  Secs. 2712-2714), or even misrepresentations of the Member's speeches 
  or acts or responses in an interview (3 Hinds Secs. 2707, 2708; 101-2, 
  Aug. 3, 1990, p ____), have not been entertained. The mere allegation 
  that there has been a violation of the rules of the House, such as 
  that votes have been improperly paired (8 Cannon Sec. 3094) or that a 
  bill has been placed on the incorrect calendar (3 Hinds Sec. 2616), 
  does not give rise to a question of personal privilege. But where the 
  allegation impugns his character or motives (98-2, May 15, 1984, p 
  12201) or reflects on a Member's reputation or integrity, a question 
  of per-

[[Page 704]]

  sonal privilege may arise. For example, language in a newspaper 
  asserting that a Member would divide the Nation and that he was a 
  spokesman for the forces of betrayal was held to involve a question of 
  personal privilege. Deschler Ch 11 Sec. 31.3. Charges that a Member is 
  a fascist sympathizer (Deschler Ch 11 Secs. 31.4-31.11) or that he has 
  engaged in conduct inimical to the national security (Deschler Ch 11 
  Secs. 31.12-31.18) have also given rise to questions of personal 
  privilege. Other charges in the press that have given rise to a 
  question of personal privilege include allegations of:

     Misuse of public funds. Deschler Ch 11 Sec. 30.1.
     Conflict of interest. Deschler Ch 11 Secs. 30.6, 30.7.
     Deceptive or disgraceful conduct reflecting on the House. 
         Deschler Ch 11 Secs. 30.2, 30.15, 30.16.
     Dereliction of duties. Deschler Ch 11 Sec. 30.3.
     Confiscation of evidence. Deschler Ch 11 Sec. 30.4.
     Being influenced in legislative action by unworthy motives. 6 
         Cannon Sec. 576; 8 Cannon Sec. 2216.
     Improper conduct in agency dealings. Deschler Ch 11 
         Sec. 30.17.
     Abuse of the franking privilege. Deschler Ch 11 Sec. 30.18.
     Engaging in improper lobbying activities. 87-2, June 6, 1962, 
         p 9792.
     Introducing legislation in which the Member had a personal 
         interest. 89-2, June 22, 1966, p 13907.
     Wrongfully claiming ``out of pocket'' expenses in a fund-
         raising activity. 94-2, Feb. 23, 1976, p 4062.

                     Criticism of Committee Activities

      Criticism impugning the motives or actions of a chairman or member 
  of a committee may give rise to a question of personal privilege. 87-
  2, July 16, 1962, p 13681; 95-2, Feb. 21, 1978, p 3853. Thus, a Member 
  has been recognized to rise to a question of personal privilege to 
  respond to press charges that he had:

     Improperly disposed of classified documents from committee 
         files. 94-2, Mar. 9, 1976, p 5825.
     Abused his power or acted improperly in carrying out committee 
         responsibilities. Deschler Ch 11 Secs. 30.8-30.14.
     Employed someone who did no work for the committee. 94-2, May 
         25, 1976, p 15344.

      Normally, however, a question concerning charges as to the 
  propriety of committee procedure as distinct from charges against the 
  Member's conduct in his representative capacity, should be raised as a 
  question of the privileges of the House, under Rule IX, assuming that 
  the dignity and integrity of the House proceedings is at issue. 
  (Questions of the privileges of the House are discussed in Secs. 3 et 
  seq., supra.)

[[Page 705]]

                           Charges of Illegality

      Charges in the press that a Member did something illegal in his 
  representative capacity give rise to a question of personal privilege. 
  3 Hinds Sec. 1829; Deschler Ch 11 Secs. 29.1, 29.3. Such a question 
  arises on publication of charges that a Member committed an act 
  amounting to:

     Treason or sedition (Deschler Ch 11 Sec. 29.6).
     Forgery (Deschler Ch 11 Sec. 29.2).
     Corruption and bribery (3 Hinds Sec. 1830).
     Criminal conspiracy or perjury (Deschler Ch 11 Sec. 29.5).
     Tax evasion and irregularities (Deschler Ch 11 Secs. 29.4, 
         29.5).
     A violation of the securities laws (95-2, June 2, 1978, p 
         16056).

                          Charges of Impropriety

      The publication of vague charges accusing Members of impropriety 
  do not give rise to a question of personal privilege. 8 Cannon 
  Sec. 2711. No question of personal privilege arises from the 
  publication of remarks attributed to a Member which he denies having 
  made. 8 Cannon Sec. 2708.
      A charge of vote-selling in a conflict-of-interest case (Deschler 
  Ch 11 Sec. 28.1) or involvement with an organization being 
  investigated by a Senate committee (Deschler Ch 11 Sec. 28.3) or of 
  conduct characterized as reprehensible (Deschler Ch 11 Sec. 28.2) has 
  given rise to a question of personal privilege.

                        Charges Impugning Veracity

      Published charges that a Member made a false statement may give 
  rise to a question of personal privilege. 3 Hinds Sec. 2718; Deschler 
  Ch 11 Secs. 32.1, 32.2. For such a charge to give rise to this 
  question of privilege, however, it must be alleged that the Member 
  made a false statement knowingly, with intent to deceive. 3 Hinds 
  Sec. 2721. A mere difference of opinion over a factual matter, where 
  there is no intent to deceive, does not give rise to a question of 
  personal privilege. 3 Hinds Secs. 2720, 2721.


                        B. Consideration and Debate


  Sec. 21 . Raising the Question; Procedure

      Unlike questions of privilege of the House, which must be raised 
  by resolution (Sec. 16, supra), questions of personal privilege are 
  ordinarily raised from the floor (Deschler Ch 11 Sec. 20; 92-2, Apr. 
  19, 1972, pp 13491-97).
      The Member, before proceeding with argument on a question of 
  personal privilege, must state to the Speaker the grounds on which the 
  question

[[Page 706]]

  is based. Deschler Ch 11 Sec. 21.1; 89-2, June 22, 1966, p 13907. In 
  ruling on the question, the Speaker may insist that the offending 
  material, if published, be submitted to him for his examination. 
  Compare Deschler Ch 11 Secs. 21.2, 21.3.

      Member: Mr. Speaker, I rise to a question of personal privilege.
      Speaker: The gentleman will state his question of privilege. . . .
      Speaker: The statement seems to bring the case within the rule, 
    and the gentleman will proceed.

                         In Committee of the Whole

      Early precedents suggest that a question of personal privilege may 
  be raised in the Committee of the Whole if the matter in issue arose 
  during the Committee proceedings. Compare 3 Hinds Secs. 2540-2544. 
  Under the modern practice, however, questions of personal privilege 
  are raised in the House, not in the Committee of the Whole. Deschler 
  Ch 11 Sec. 21.4. A question of personal privilege alleged to have 
  arisen in the Committee of the Whole cannot be raised in the House 
  unless the matter was reported to it by the Committee. 4 Hinds 
  Sec. 4912.


  Sec. 22 . Debate on the Question; Speeches

      Debate on a question of personal privilege is ordinarily under the 
  hour rule. 5 Hinds Sec. 4990; 8 Cannon Sec. 2443; Deschler Ch 11 
  Sec. 22.1. The Member recognized on the question controls the hour. 
  94-1, May 22, 1975, p 15883. A Member wishing to respond to another 
  Member's debate on a question of personal privilege may do so in a 
  special-order speech. Deschler Ch 11 Sec. 22.2.
      In rising to a question of personal privilege, the Member should 
  confine his remarks to the statements or issues giving rise to the 
  question (5 Hinds Secs. 5075, 5076; 91-2, Aug. 4, 1970, p 27130; 98-2, 
  Mar. 31, 1984, p 14623), but is entitled to discuss related matters 
  necessary to challenge the charge which has been made against him. 
  Deschler Ch 11 Sec. 22.5. He should limit his remarks to the matter 
  concerning himself personally (5 Hinds Sec. 5078), and should not use 
  his debate time to prefer charges against others (8 Cannon Secs. 2481-
  2483). His remarks should be kept within limits consistent with the 
  spirit of the rule, and he may not use the privilege as a vehicle for 
  discussions not otherwise in order. 8 Cannon Sec. 2448.
      In lieu of raising a question of personal privilege, a Member may 
  use a one-minute or special-order speech to respond to the charge or 
  allegation. Deschler Ch 11 Sec. 22.4. Another option available to the 
  Member is merely to insert his remarks in the Record, without using 
  debate time. 94-2, Feb. 23, 1976, p 4062.



[[Page 707]]

 
                                  QUORUMS

              A. Generally; Quorum Requirements

  Sec.  1. In General
  Sec.  2. What Constitutes a Quorum
  Sec.  3. Business Requiring a Quorum; Effect of Quorum Failure
  Sec.  4. Motions Requiring a Quorum
  Sec.  5. The Count to Determine a Quorum

              B. Points of Order of No Quorum

  Sec.  6. When in Order; Former and Modern Practice Distinguished
  Sec.  7. Objections to Vote Taken in Absence of Quorum
  Sec.  8. Timeliness and Diligence in Raising Objections
  Sec.  9. When Dilatory; Effect of Prior Count
  Sec. 10. Withdrawal of Point of Order

              C. Quorum Calls

  Sec. 11. In General
  Sec. 12. The Motion for a Call
  Sec. 13. The Call to Compel Attendance of Absent Members
  Sec. 14. The Mandated Call
  Sec. 15. Use of Electronic Equipment
  Sec. 16. Names Published or Recorded on a Call
  Sec. 17. Quorum Calls in Committee of the Whole
  Sec. 18. Motions in Order During the Call
  Sec. 19. Securing Attendance; Arrests
  Sec. 20. Dispensing With Further Proceedings
        Research References
          4 Hinds Secs. 2884-3055
          6 Cannon Secs. 638-707
          5 Deschler Ch 20
          Manual Secs. 765-774c, 863
          U.S. Const. art. I Sec. 5

[[Page 708]]

                     A. Generally; Quorum Requirements


  Sec. 1 . In General

              Constitutional Requirements and the House Rules

      Under the U.S. Constitution, a majority of each House constitutes 
  a quorum to do business, although a smaller number may adjourn from 
  day to day. U.S. Const. art. I Sec. 5. Since the presence of a quorum 
  is a constitutional requirement, and because a no-quorum point of 
  order is the only method available to a Member to enforce that 
  requirement, the Speakers have been reluctant to withhold recognition 
  for a point of order of no quorum when raised in accordance with the 
  rules of the House. Deschler Ch 20 Secs. 14.2, 14.3. Quorum 
  requirements for committees, see Committees.
      The Constitution does not define those legislative proceedings 
  that are to constitute ``business'' for purposes of the quorum 
  requirement. ``Business'' in this context has become a term of art 
  which, under the House rules and precedents, does not encompass all 
  parliamentary proceedings. For example, neither the prayer, 
  administration of the oath, certain motions incidental to a call of 
  the House, nor an adjournment constitute business requiring a quorum. 
  Deschler Ch 20 Sec. 18 (note 10). Indeed, the House rules specifically 
  prohibit the entertainment of a no-quorum point of order at certain 
  stages of the legislative process, including the stage of debate. See 
  Sec. 3, infra. In effect, the House has by adopting such a rule 
  determined that at that stage it is not ``conducting business.'' 95-1, 
  Sept. 27, 1977, p 31048. And since the adoption of such a rule is 
  viewed by the House as a proper exercise of its rule-making authority 
  under article 1 Sec. 5 of the Constitution, there is no constitutional 
  basis for a point of order of no quorum during debate in the House. 
  95-1, Sept. 12, 1977, p 28800.

                     Recent Changes in the House Rules

      Beginning with the 93d Congress, sweeping changes were made in the 
  House rules governing the making of point of order of no quorum 
  (Secs. 6-10, infra), the procedures to be followed in procuring a call 
  of the House (Secs. 11-16, infra), and the kinds of business that 
  require a quorum (Sec. 3, infra). In 1977, in an effort to curb time-
  consuming quorum calls, the House adopted a rule precluding no-quorum 
  points of order unless the Speaker has put the pending proposition to 
  a vote. Sec. 6, infra.
      In the 95th Congress, the House gave the Speaker the discretionary 
  authority, under the rules, to recognize for a motion for a call of 
  the House. See Sec. 12, infra. In 1979, the House adopted a rule 
  permitting the House to

[[Page 709]]

  proceed with pending business following the establishment of a quorum 
  without the necessity of adopting a motion to dispense with further 
  proceedings under the call. Sec. 20, infra.
      The quorum rule for the Committee of the Whole was recently 
  changed to permit no-quorum points of order during general debate only 
  at the discretion of the Chair. From the inception of general debate 
  on a measure on a given day until the Chair puts the question on a 
  motion during the five-minute rule, only one point of order that a 
  quorum is not present will inevitably produce a quorum call. During 
  general debate, entertaining such points of order is at the Chair's 
  discretion. If that discretion is not exercised, one no quorum point 
  of order can be made and must be entertained during consideration 
  under the five-minute rule unless a quorum has been established by a 
  vote. Sec. 6, infra. And in 1974, the rules were amended to permit 
  ``notice'' or ``short'' quorum calls in the Committee of the Whole by 
  authorizing the Chairman to determine that a quorum of the Committee 
  has appeared and is present during a call, and to declare that a 
  quorum is constituted, thereby vacating further proceedings under the 
  call. Sec. 17, infra.

                Presumptions as to the Presence of a Quorum

      A quorum is presumed to be present unless a point of no quorum is 
  entertained and the Chair announces that a quorum is in fact not 
  present or unless the absence of a quorum is disclosed by a vote or by 
  a call of the House. Deschler Ch 20 Sec. 1. Although it is not the 
  duty of the Chair to take cognizance of the absence of a quorum unless 
  otherwise disclosed (6 Cannon Sec. 565), failure of a quorum to vote 
  on a roll call cannot be ignored; the Chair must announce that fact 
  although it was not objected to from the floor. 4 Hinds Secs. 2953, 
  2963; 6 Cannon Sec. 624; Deschler Ch 20 Sec. 1.


  Sec. 2 . What Constitutes a Quorum

      A quorum of the House is defined as a majority of those Members 
  sworn and living, whose membership has not been terminated by 
  resignation or by House action. 4 Hinds Secs. 2889, 2890; 6 Cannon 
  Sec. 638; Deschler Ch 20 Sec. 1; Manual Sec. 53. Thus, when the 
  Members, as so defined, number 435, a quorum to do business is 218 
  Members (assuming no vacancies). When the membership has been reduced 
  by reason of deaths to 432, a quorum to do business is 217 Members. 
  94-2, June 18, 1976, p 19312.
      A quorum in the Committee of the Whole is 100 Members. Rule XXIII 
  clause 2(a). Manual Sec. 863.
      The quorum required in the House as in Committee of the Whole is a 
  quorum of the House and not a quorum of the Committee of the Whole. 6 
  Cannon Sec. 639.

[[Page 710]]

  Sec. 3 . Business Requiring a Quorum; Effect of Quorum Failure

                                In General

      In Jefferson's time, the Chair was not taken until a quorum for 
  business was present. Manual Sec. 310. In the early practice, a quorum 
  was required during debate (4 Hinds Secs. 2935-2939) and for other 
  routine activities of the House, such as the reading of the Journal (4 
  Hinds Sec. 2733), the consideration of committee reports (4 Hinds 
  Sec. 2947), and the calling up of measures (4 Hinds Sec. 2943).
      Under the modern practice, the Speaker takes the Chair at the hour 
  to which the House has adjourned and there is no requirement that the 
  House proceed immediately to establish a quorum. Manual Sec. 310. 
  Although the Speaker has the authority to recognize for a call of the 
  House at any time (Sec. 12, infra), a no-quorum point of order does 
  not lie in the House unless the Speaker has put the pending motion or 
  proposition to a vote. Rule XV clause 6(e); Manual Sec. 774c. 
  Accordingly, under this rule, the Chair may not entertain a point of 
  order of no quorum during debate in the House. 97-1, Oct. 1, 1981, pp 
  22752-67; 98-1, Aug. 2, 1983, p 22234. Other provisions of Rule XV--in 
  clause 6(a)--specifically prohibit the making or entertaining of a 
  point of no quorum at other stages of the legislative process, such as 
  during the offering of prayer or the administration of the oath, but 
  these provisions have been rendered largely obsolete by the broad 
  language of clause 6(e), which prohibits points of order at any time 
  unless the Speaker has put a pending question to a vote. See 95-1, 
  Jan. 11, 1977, p 891.
      The pendency of a unanimous-consent request in the House is not 
  equivalent to the Chair's putting a pending motion or proposition to a 
  vote and does not permit a point of order of no quorum under Rule XV 
  clause 6(e). 95-1, Sept. 16, 1977, p 29602.

                  Business Precluded in Absence of Quorum

      The House cannot conduct business after the absence of a quorum 
  has been announced. Deschler Ch 20 Secs. 1.5, 10.4; Manual Sec. 55. 
  Even unanimous-consent business is not in order in the announced 
  absence of a quorum. 98-1, July 13, 1983, p 18844. Even the Member who 
  made the point of order of no quorum cannot then withdraw it by 
  unanimous consent, as such a request would constitute business. 4 
  Hinds Secs. 2928-2931; 6 Cannon Sec. 657; Deschler Ch 20 Sec. 10.4 
  (note).
      Where the announced absence of a quorum has resulted in a roll 
  call vote under Rule XV clause 4, the House may not, even by unanimous 
  consent, vacate the vote in order to conduct another voice vote in 
  lieu of the roll call vote, since no business, including a unanimous-
  consent agreement,

[[Page 711]]

  is in order in the announced absence of a quorum. 98-1, July 13, 1983, 
  p 18844; 100-2, Feb. 24, 1988, p 2451. 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. 100-1, Nov. 2, 1987, p 30389.
      If a quorum does not respond on a call of the House or on a 
  recorded or yea and nay vote, even the most highly privileged business 
  must terminate. 4 Hinds Sec. 2934; 6 Cannon Sec. 662. The House has 
  only two alternatives: to adjourn, or to continue the proceedings 
  under a pending call of the House until a quorum of record is 
  obtained. Deschler Ch 20 Secs. 10.10-10.12. If a call of the House is 
  ordered the House must first secure a quorum before disposing of the 
  pending matter de novo. 95-1, Sept. 22, 1977, p 30290.


  Sec. 4 . Motions Requiring a Quorum

                                In General

      Putting a motion to a vote falls within the language of clause 
  6(e) of Rule XV, thereby permitting the Speaker to entertain a no-
  quorum point of order if the motion is one that requires a quorum for 
  adoption. Manual Sec. 774c. Thus, a Member may make a point of order 
  of no quorum when the Speaker has put the question on a motion to 
  suspend the rules. 95-1, Sept. 27, 1977, p 31048. However, where the 
  Speaker postpones further proceedings on a motion to suspend the 
  rules, the question is no longer being put to a vote for purposes of 
  permitting a point of order of no quorum until the question recurs as 
  unfinished business. 95-1, Sept. 26, 1977, p 30948. See also 96-1, 
  Sept. 24, 1979, p 25876.

                  Motions Incident to a Call of the House

      The motion for a call of the House does not require a quorum for 
  adoption. 97-1, Oct. 1, 1981, pp 22752-67. Indeed, Rule XV clause 6(a) 
  prohibits a point of order of no quorum from being made or entertained 
  during the offering, consideration, and disposition of any motion 
  incident to a call of the House (Manual Sec. 774c), and this rule has 
  been applied to the motion to order a call of the House (96-1, Nov. 
  13, 1979, p 32185; 97-1, Oct. 1, 1981, pp 22752-67), and to the motion 
  to dispense with further proceedings under the call (95-2, Mar. 8, 
  1978, p 6081).

                           The Motion to Adjourn

      A quorum is not required on a simple motion to adjourn. Deschler 
  Ch 20 Secs. 8.7, 8.8. But a quorum is required for the adoption of a 
  motion that

[[Page 712]]

  when the House adjourns that day it adjourn to a day and time certain. 
  94-1, June 19, 1975, p 19789; 94-2, June 22, 1976, p 19755. A quorum 
  is required on a resolution providing for adjournment sine die 
  (Deschler Ch 20 Sec. 8.9), but not on a motion to adjourn which 
  implements such a resolution (Deschler Ch 20 Sec. 8.10).
      While a quorum is not required to adjourn, a point of no quorum on 
  a negative vote on adjournment, if sustained, precipitates a call of 
  the House. 6 Cannon Sec. 700; Deschler Ch 20 Sec. 8.13; Manual 
  Sec. 773.

                            The Motion to Rise

      The motion that the Committee of the Whole rise does not require a 
  quorum for adoption but a negative voice vote permits a point of no 
  quorum pending the demand for a recorded vote. See Sec. 6, infra.


  Sec. 5 . The Count to Determine a Quorum

             Counting Those Present Together With Those Voting

      Until 1890, the view prevailed in the House that it was necessary 
  for a majority of the Members to vote on a matter submitted to the 
  House in order to satisfy the constitutional requirement for a quorum. 
  Under this practice, the opposition could break a quorum simply by 
  refusing to vote. 4 Hinds Sec. 2977. This was changed in 1890, with 
  the historic ruling by Speaker Reed, later embodied in Rule XV (Manual 
  Secs. 772, 774b), that Members present in the Chamber but not voting 
  would be counted in determining the presence of a quorum. 4 Hinds 
  Sec. 2895; see also Deschler Ch 20 Sec. 3. This ruling was upheld by 
  the Supreme Court in United States v Ballin (144 US 1), the Court 
  declaring that the authority of the House to transact business is 
  ``created by the mere presence of a majority,'' and that since the 
  Constitution does not prescribe any method for determining the 
  presence of such majority, it is within the competency of the House 
  ``to prescribe any method which shall be reasonable certain to 
  ascertain the fact.'' Since Ballin, the point of order as to the 
  absence of a quorum is that no quorum is present, not that no quorum 
  has voted. 4 Hinds Sec. 2917.

                            Method of Counting

      Speaker Reed also ruled in 1890 that it was the function of the 
  Speaker to determine the presence of a quorum in such manner as he 
  should determine accurate and suitable, by the Chair's own count or by 
  various other methods. 4 Hinds Sec. 2932. Under the modern rules of 
  the House, the Speaker may direct the use of the electronic system in 
  the Chamber to record the names of the Members voting or present. 
  Manual Sec. 774b. In lieu of using the electronic system, the Speaker 
  in his discretion may direct that the pres-

[[Page 713]]

  ence of Members be recorded by clerks (Manual Sec. 771b) or he may 
  direct that a quorum call be taken by an alphabetical call of the 
  roll. 93-1, Mar. 7, 1973, p 6699. And on numerous occasions Speakers 
  have taken an actual count of the Members to ascertain the presence of 
  a quorum on occasions when the validity of a vote was not an issue. 4 
  Hinds Sec. 2909. In any case, the Chair's count of a quorum is 
  conclusive and may not be challenged on appeal. 93-2, July 24, 1974, p 
  25012; 95-1, Aug. 3, 1977, p 26532.
      The number of Members present for the purpose of determining a 
  quorum may be established by a count of the number of Members voting 
  on a pending proposition. 94-1, Oct. 22, 1975, p 33688. But the 
  Chair's count of those Members standing on a division vote in the 
  House does not demonstrate the absence of a quorum since the Chair in 
  taking such a vote does not count all Members present in the Chamber 
  but only those standing. 95-1, Sept. 27, 1977, p 31048; 96-1, Aug. 1, 
  1979, pp 22006, 22007.

                                 Recounts

      When the Chair is counting to determine if a quorum is present, he 
  may recount the House before announcing the result of his count, 
  acting on the statement of a Member that more Members had entered the 
  Chamber since the first count, and thereby establish a quorum. 
  Deschler Ch 20 Sec. 3.18.


                      B. Points of Order of No Quorum


  Sec. 6 . When in Order; Former and Modern Practice Distinguished

                               In the House

      Under the former practice, a point of no quorum was in order in 
  the House at any time, even when a Member had the floor in debate. 
  Deschler Ch 20 Sec. 13.8. The right of the Member to the floor was 
  suspended until a quorum was secured. Deschler Ch 20 Sec. 13.9. A 
  point of no quorum could interrupt the reading of the Journal 
  (Deschler Ch 20 Sec. 13.14), or the reading of a resolution even 
  though the resolution was privileged for consideration (Deschler Ch 20 
  Secs. 13.11, 13.12).
      Under the modern practice, the use of no-quorum points of order in 
  the House has been sharply curtailed. In 1974, the House adopted Rule 
  XV clause 6(a), which provides that no-quorum points of order may not 
  be made during the offering of prayer, the administration of the oath, 
  or the reception of messages from the President or the Senate. This 
  rule, based to some extent on earlier precedent, also precludes no-
  quorum points of order (after a quorum has once been ascertained) 
  during the reading of the Journal, during special orders, and at 
  certain other times. See Manual Sec. 774c. Still broader

[[Page 714]]

  language restricting the use of the point of order in the House was 
  adopted in 1977, when the House adopted Rule XV clause 6(e), which 
  provides that a no-quorum point of order does not lie ``unless the 
  Speaker has put the pending motion or proposition to a vote.'' Manual 
  Sec. 774c. Under this rule, the Speaker may not entertain a point of 
  order of no quorum in the House when a pending question has not been 
  put to a vote (95-2, May 4, 1978, p 12609), notwithstanding the 
  failure of a quorum to have voted on a prior item of business. 95-1, 
  Sept. 16, 1977, p 29563. The refusal of the Chair to entertain a point 
  of order of no quorum where prohibited by clause 6 is not subject to 
  appeal (95-1, Sept. 16, 1977, p 29594), and the Chair will not 
  entertain a unanimous-consent request to waive its provisions (93-2, 
  Dec. 9, 1974, p 38664).

                         In Committee of the Whole

      A similarly restrictive rule applies to no-quorum points of order 
  in the Committee of the Whole. The applicable rule states that, 
  ``after the roll has once been called'' to establish a quorum during 
  any given day, the Chairman may not entertain a point of order that a 
  quorum is not present unless the Committee is operating under the 
  five-minute rule and the Chairman has put the pending motion or 
  proposition to a vote. Rule XXIII clause 2(a). Manual Sec. 863. A 
  Member may make a no-quorum point of order while the Chair is counting 
  those standing in the Committee to support a demand for a recorded 
  vote and prior to the Chair's final announcement of the count. At that 
  point, the Chair must immediately begin counting for a quorum, and the 
  request for a recorded vote remains pending following the 
  establishment of a quorum. 97-2, Aug. 5, 1982, pp 19658, 19659.
      The restriction of Rule XXIII clause 2 against making a point of 
  order of no quorum ``after the roll has once been called to establish 
  a quorum during such day'' means on that day during consideration of 
  the pending bill, since the House resolves itself into a new Committee 
  of the Whole on each bill, with a new Chairman. The rule barring no-
  quorum points of order in the Committee (with certain exceptions) 
  after a quorum has once been established is applicable whether the 
  quorum was established by a regular quorum call or a ``short'' or 
  vacated quorum call. 95-2, June 8, 1978, p 16778.
      Although a no-quorum point of order may be raised during general 
  debate in the Committee of the Whole, the Chairman is given the 
  discretion whether to entertain it. Rule XXIII clause 2(a). This 
  discretionary authority was given to the Chairman by a rules change 
  adopted in 1981. Manual Sec. 863.

[[Page 715]]

      A no-quorum point of order does not lie in the Committee pending a 
  motion that the Committee rise, since that motion (as distinguished 
  from the motion to rise and report) does not require a quorum for 
  adoption. 4 Hinds Secs. 2972, 2975. 92-2, May 31, 1972, p 19353. The 
  fact that the vote whereby the Committee rose does not show a quorum 
  (4 Hinds Sec. 4914) or that a point of no quorum was made without an 
  ascertainment thereof (4 Hinds Sec. 2974), does not prevent reception 
  of the report of the Committee in the House. And the rules preclude 
  the entertainment of a no-quorum point of order during the period 
  after the Committee has risen and before the Chairman has reported the 
  pending bill or resolution back to the House, a quorum having been 
  once established on that day. Rule XV clause 6(c).


  Sec. 7 . Objections to Vote Taken in Absence of Quorum

                               In the House

      The rules of the House permit a Member to object to a vote taken 
  in the absence of a quorum. An objection to such a vote under Rule XV 
  clause 4, if timely made, necessarily precipitates a call of the House 
  (unless the House adjourns) and, simultaneously, the yeas and nays on 
  the pending question. Manual Sec. 773. The vote on the pending 
  question is taken de novo. 4 Hinds Sec. 3052; 6 Cannon Sec. 678. A 
  Member's objection to a vote permitted under this rule is in order 
  even though another Member has previously made the point of order that 
  a quorum is not present. 97-2, Aug. 18, 1982, p 22037.
      The objection to a vote permitted by Rule XV clause 4 applies only 
  to votes on propositions requiring a quorum. Thus, an objection may 
  not be raised under the rule to an affirmative vote on a motion to 
  adjourn (81-1, July 25, 1949, p 10092) or to a vote on a motion 
  incidental to a call of the House (4 Hinds Sec. 2994; 6 Cannon 
  Sec. 681), neither of which require a quorum for adoption (Sec. 4, 
  supra).
      For further discussion of the ``automatic'' vote by the yeas and 
  nays that ensues under Rule XV clause 4, see Sec. 14, infra.

                          Effect of Postponement

      Where a Member objects to a vote on a bill on the ground that a 
  quorum is not present, and further proceedings are postponed by the 
  Chair's announcement under Rule I clause 5, or by unanimous consent, 
  the Speaker puts the question de novo when the bill is again before 
  the House as unfinished business; Members then have the same right to 
  object as when the question was originally put, and may again object 
  at that time to the vote on the same ground. 89-1, Oct. 7, 1965, p 
  26243. Similarly, where objection

[[Page 716]]

  is raised to the failure of a quorum to vote on a motion, and the 
  Speaker postpones the vote on the motion pursuant to the rules, 
  further proceedings are automatically postponed and the question is 
  put de novo when that vote recurs as unfinished business. 95-1, Sept. 
  26, 1977, p 30948; 96-1, Sept. 24, 1979, p 25876; Manual Sec. 774a.


  Sec. 8 . Timeliness and Diligence in Raising Objections

                                In General

      An objection to a vote because of the absence of a quorum must be 
  timely raised. Such an objection comes too late when the Speaker has 
  announced the result of the vote and a motion to reconsider laid on 
  the table. Deschler Ch 20 Secs. 13.23, 13.24; 92-2, May 31, 1972, p 
  19344. But such objections have been held to be timely and in order 
  when they were made:

     After the Chair announced his opinion that the noes on a voice 
         vote prevailed but before the House proceeded to other 
         business. Deschler Ch 20 Sec. 13.16.
     After a parliamentary inquiry which immediately followed the 
         announcement of the result of a voice or division vote. 6 
         Cannon Sec. 698; Deschler Ch 20 Sec. 13.18.
     After a refusal of a yea and nay vote which followed a 
         division vote. Deschler Ch 20 Sec. 13.19.
     After a sufficient number have risen to order the yeas and 
         nays but prior to the start of the roll call. Deschler Ch 20 
         Sec. 13.1.

                     Timeliness in Seeking Recognition

      An objection to a voice vote on the ground that a quorum is not 
  present is timely even after the Chair announces the vote if the 
  Member was on his feet seeking recognition at the time the question is 
  put. 103-1, June 29, 1993, p ____. But the Speaker may decline to 
  recognize a Member to object to a vote because of the absence of a 
  quorum where the Member has not shown the proper diligence in seeking 
  recognition. Deschler Ch 20 Sec. 13.26. A Member must be on his feet 
  and actively seeking recognition when the Chair announces the result 
  of the vote in order to raise such an objection. 95-2, Apr. 20, 1978, 
  p 10983. The mere fact that a Member is on his feet does not 
  constitute notice to the Chair that he is seeking recognition to make 
  such an objection. Deschler Ch 20 Sec. 13.2.


  Sec. 9 . When Dilatory; Effect of Prior Count

                                In General

      Although the presence of a quorum is a constitutional requirement 
  (Sec. 1, supra), and the Speaker has on occasion expressed reluctance 
  to hold a no-

[[Page 717]]

  quorum point of order dilatory for that reason (Deschler Ch 20 
  Sec. 14.3), it has long been recognized as within the prerogative of 
  the Chair to refuse to entertain a point of no quorum if he determines 
  that it was made for purposes of delay, and where the presence of a 
  quorum, as evidenced by an immediately preceding vote or quorum call, 
  is apparent. 5 Hinds Secs. 5724, 5725; 8 Cannon Sec. 2808; Deschler Ch 
  20 Sec. 14. Since Rule XV was amended to restrict recognition for 
  points of no quorum, the use of repeated points of order as a dilatory 
  tactic has lost its efficacy.
      The Speaker may refuse to entertain a point of no quorum where a 
  quorum has just been established by a call of the House and where no 
  further business has been transacted. Deschler Ch 20 Sec. 14.16. This 
  practice was formalized in 1974, when the House adopted Rule XV clause 
  6(d), which states that, when the presence of a quorum has been 
  ascertained, a further no-quorum point of order may not thereafter be 
  made or entertained until additional business intervenes. Manual 
  Sec. 774c. Thus, when the presence of a quorum is disclosed by a roll 
  call taken by electronic device, a further point of order that a 
  quorum is not present may not be made until additional business 
  intervenes. 94-1, Nov. 17, 1975, p 36914.
      A similar practice is followed with respect to objections to a 
  vote based on Rule XV clause 4. It is not in order to object to a vote 
  on the grounds that a quorum is not present under this rule if the 
  Chair has determined by a count that a quorum is present and no 
  business has intervened. 97-2, Dec. 17, 1982, p 31951. Likewise, where 
  the result of a division vote in the House demonstrates that a quorum 
  is present, a Member may not object to the vote on the ground that a 
  quorum is not present so as to precipitate an automatic call under 
  Rule XV clause 4, where there has been no intervening business. 96-1, 
  Nov. 16, 1979, p 32861.

                       Determination by the Speaker

      The question of dilatoriness is not necessarily determined by the 
  length of time since ascertainment of a quorum, but by the Speaker's 
  opinion as to whether, under the circumstances, there is an intent to 
  delay the business of the House (8 Cannon Sec. 2804; Deschler Ch 20 
  Sec. 14), it being apparent that a quorum remains on the floor. But 
  where the presence of a quorum is not apparent or the Chair is 
  uncertain, he will count the House. Deschler Ch 20 Sec. 14.1. 
  Likewise, where a division vote follows a quorum call, the Chair is 
  not bound by the result of the division vote, but may count the House 
  to determine that a quorum is still present. 94-1, Nov. 17, 1975, p 
  36914.

[[Page 718]]

                      Effect of Intervening Business

      The House rule precluding a further point of no quorum after the 
  presence of a quorum has been ascertained is qualified by the phrase 
  ``until additional business intervenes.'' Rule XV clause 6(d). It has 
  been held that those precedents indicating that a point of no quorum 
  is dilatory when it immediately follows a vote or a call of the House 
  disclosing the presence of a quorum are not applicable where there is 
  ``intervening business'' between the establishment of the quorum and 
  the making of the point of no quorum. It has been held that such 
  intervening business prevents the Chair from holding the point of 
  order to be dilatory on its face. Deschler Ch 20 Sec. 14.8. 
  Accordingly, where the Speaker ascertains the presence of a quorum by 
  actual count following a rejected demand for the yeas and nays, and a 
  division vote is then had on the pending question, the division vote 
  is intervening business (see 8 Cannon Sec. 2804), permitting another 
  objection to the lack of a quorum, and the Speaker must again count 
  the House. Deschler Ch 20 Sec. 14. Other intervening business 
  sufficient to prevent a holding that the point of order is dilatory 
  per se has included:

     Division votes following a quorum call. 94-1, Nov. 17, 1975, p 
         36914.
     A division vote following a roll call. 8 Cannon Sec. 2804.
     Unanimous-consent request (Deschler Ch 20 Sec. 14.7), such as 
         for the correction of a roll call (Deschler Ch 20 Sec. 14.8).

      It has been held that the mere receipt of a message is not 
  ``intervening business'' such as to prevent the Speaker from holding a 
  no-quorum point of order dilatory. Deschler Ch 20 Sec. 14.11.


  Sec. 10 . Withdrawal of Point of Order

      A point of order that a quorum is not present may be withdrawn, 
  provided the absence of a quorum has not been announced by the Chair; 
  and such withdrawal does not require unanimous consent. Deschler Ch 20 
  Sec. 18.5; 91-1, Nov. 6, 1969, p 33255. Where a Member has objected to 
  a vote on a motion to suspend the rules on the ground that a quorum is 
  not present, and the Speaker has announced that further proceedings on 
  the motion would be postponed but has not announced the absence of a 
  quorum, that Member may withdraw his point of no quorum and unanimous 
  consent is not required. 93-2, Dec. 9, 1974, p 38608.
      A point of no quorum may not be withdrawn after the absence of a 
  quorum has been announced by the Chair (4 Hinds Sec. 2928-2930; 6 
  Cannon Sec. 657; Deschler Ch 20 Sec. 18) even where the Member making 
  the point of order attempted to withdraw it but was not observed by 
  the Chair. 103-1, June 10, 1993, p ____. The point may not then be 
  withdrawn even by unan-

[[Page 719]]

  imous consent, since the House may not conduct business, including the 
  disposition of unanimous-consent requests, in the announced absence of 
  a quorum. 95-1, Sept. 21, 1977, p 30083. The same rule is followed in 
  the Committee of the Whole. Deschler Ch 20 Sec. 18.6; 95-2, July 12, 
  1978, p 20569.
      A point of no quorum may not be reserved or withheld after the 
  Chair has announced that a quorum is not present, no business being in 
  order until a quorum is established. Deschler Ch 20 Secs. 18.10, 
  18.11.


                             C. Quorum Calls 


  Sec. 11 . In General

                               In the House

      A motion for a call of the House is recognized under general 
  parliamentary law and under the U.S. Constitution. 4 Hinds Sec. 2981. 
  The Constitution authorizes a number smaller than a quorum to compel 
  the attendance of absent Members. U.S. Const. art. I Sec. 5.
      House Rule XV authorizes three separate procedures for a call of 
  the House. They are:

     The call of the House that ensues under clause 6(e)(2), 
         adopted in 1977; that clause permits the Speaker in his 
         discretion to recognize for a motion for call of the House at 
         any time. See Sec. 12, infra.
     The call of the House which is used in the absence of a quorum 
         to compel the attendance of absent Members under clause 2(a); 
         this call is initiated by at least 15 Members and is ordered on 
         motion. See Sec. 13, infra. The call under this clause is 
         sometimes referred to as the ``old'' form of the call, clause 
         2(a) having been first adopted in 1789.
     The call of the House that is mandated by clause 4 whenever 
         objection is raised to a vote taken in the absence of a quorum. 
         Manual Sec. 774b. This call is sometimes referred to as an 
         ``automatic'' call, since it proceeds by operation of the rule 
         and does not require a motion. See Sec. 14, infra.

      The rule enabling 15 Members to initiate a motion for a call of 
  the House under clause 2(a) dates from the earliest Congresses, and 
  for many years was the only rule for procuring the attendance of 
  Members. 4 Hinds Sec. 2982. The automatic call of the House under 
  clause 4, having been provided for by rule in 1896, is described as 
  the call of the House in the newer form; it superseded the old form of 
  the call except in cases in which the absence of a quorum is 
  established by some means other than a vote. 4 Hinds Sec. 3041. The 
  call of the House on motion under clause 2(a) is in order

[[Page 720]]

  when no question is pending (4 Hinds Sec. 2990), whereas the automatic 
  call under clause 4 ensues while the House is voting. Manual Sec. 773.

                         In Committee of the Whole

      The provisions of clauses 2(a), 4, and 6(e) of Rule XV, relating 
  to quorum calls in the House do not apply in Committee of the Whole. 
  Accordingly, although a point of order that a quorum is not present 
  will lie in the Committee of the Whole when a question is put (see 
  Sec. 6, supra), a Member may not object to a vote in the Committee on 
  the ground that a quorum is not present. 93-2, July 10, 1974, p 22667; 
  94-2, Apr. 6, 1976, p 9553. In Committee of the Whole the quorum call 
  and the vote occur seriatim and not simultaneously as they do in the 
  House under Rule XV clause 4. The requirement of and the procedures 
  for obtaining a quorum in Committee of the Whole are found in Rule 
  XXIII clause 2(a).


  Sec. 12 . The Motion for a Call

      A motion for a call of the House is permitted under Rule XV by 
  clause 6(e)(2), which gives the Speaker the discretion to recognize 
  for such a motion. Under this clause, it ``shall always be in order 
  for a Member to move a call of the House when recognized for that 
  purpose by the Speaker.'' Manual Sec. 774c. Such a motion is in order 
  notwithstanding language in the same rule that a no-quorum point of 
  order may not be entertained unless the Speaker has put a pending 
  motion to a vote. Rule XV clause 6(e)(1). Manual Sec. 774c. Under this 
  rule, the Speaker may at any time in his discretion recognize a Member 
  of his choice to make the motion. 95-1, Jan. 19, 1977, p 1719. The 
  Speaker may extend recognition for such a motion even though the House 
  is not voting, as when he recognizes for such a motion during the 
  consideration of a veto message. 95-2, Oct. 5, 1978, p 38503. The 
  motion is privileged if entertained by the Chair in his discretion, 
  and may be entertained after another Member has been recognized but 
  before he has begun his remarks. 95-2, Apr. 20, 1978, p 10983. The 
  motion may also be entertained after the previous question has been 
  ordered on a proposition but before the Chair has put the question 
  thereon. 95-2, Oct. 14, 1978, p 38378. The motion is not debatable. 8 
  Cannon Secs. 683, 688.
      If the motion is rejected, the House proceeds with business. 96-2, 
  June 27, 1980, p 17369. But if the motion is adopted by a roll call 
  vote, and a quorum is established thereby, a call of the House must 
  proceed unless rescinded by unanimous consent.

[[Page 721]]

  Sec. 13 . The Call to Compel Attendance of Absent Members

                                In General

      The rules of the House authorize a call to compel the attendance 
  of absent Members when the call is ordered by at least 15 Members 
  (including the Speaker). Rule XV clause 2(a). The motion may not be 
  demanded by less than 15 affirmative votes, and without that number 
  present, the motion for the call is not entertained. 4 Hinds 
  Sec. 2983. The motion requires a majority vote for adoption, and a 
  minority of 15 (or more) favoring the call is not sufficient. 4 Hinds 
  Sec. 2984. The motion must yield to a motion to adjourn, if one is 
  made, for an adjournment motion takes precedence over a call of the 
  House. 8 Cannon Sec. 2642.
      If a majority votes to compel attendance under this rule, 
  absentees are notified. Manual Sec. 768. Warrants may be issued by 
  order of a majority of those present, and those for whom no sufficient 
  excuse is made may be arrested by the Sergeant at Arms. Sec. 19, 
  infra. Members who appear voluntarily are admitted to the Hall and 
  report their names to the Clerk to be entered on the Journal as 
  present. Manual Sec. 768.
      When a call of the House is ordered under this rule, the Speaker 
  in his discretion directs the taking of the call by electronic device 
  (Manual Sec. 774b) or, by a call of the roll (Manual Sec. 765).


  Sec. 14 . The Mandated Call

                                In General

      Under Rule XV clause 4, a call of the House ensues whenever a 
  quorum fails to vote on any question which requires a quorum, if in 
  fact a quorum is not present and objection to the vote is made for 
  that reason, assuming that the House does not adjourn. The rule 
  provides for a call of the House and states that the yeas and nays 
  ``shall at the same time be considered as ordered.'' Manual Sec. 773. 
  The call of the House under this clause is sometimes referred to as 
  the ``automatic call'' because it is mandated under the conditions 
  specified by the rule. 6 Cannon Sec. 695. A yea and nay vote on the 
  pending question is also mandated by clause 4.
      Under this rule, the Speaker has the discretion to conduct the 
  call by electronic device or to order a call of the roll by the Clerk. 
  93-1, May 16, 1973, p 15860; Manual Sec. 773. When the roll is called 
  by the Clerk, the roll is called twice, and those appearing after 
  their names are called may vote. 4 Hinds Sec. 3052. The Speaker may 
  count the House to determine whether a quorum is present. If his count 
  discloses a quorum, the Speaker declares that a quorum is constituted 
  (Rule XV clause 4) and is not required to an-

[[Page 722]]

  nounce his actual count. 97-1, Sept. 30, 1981, p 22456. The call of 
  the House under this rule serves a dual purpose--(1) that of showing 
  the number of Members present for the purpose of making a quorum, and 
  (2) that of allowing the Members to vote on the pending question. 4 
  Hinds Sec. 3045.
      Members who do not respond to the call are subject to arrest by 
  the Sergeant at Arms. See Sec. 19, infra. Members brought in by the 
  Sergeant at Arms are noted as present, and given an opportunity to 
  vote. The Speaker is authorized to declare that a quorum is 
  constituted if those voting on the question together with those who 
  are present make a majority of the House. Manual Sec. 773. Such a 
  declaration dispenses with further proceedings. See Sec. 20, infra. 
  The pending question is then decided by a majority vote of those who 
  have appeared if a quorum responds. Manual Sec. 773.

                             Invoking the Call

      The automatic call of the House under Rule XV clause 4 may be 
  invoked by a Member who rises following the announcement of a vote to 
  state:

      Mr. Speaker, I make the point of order that a quorum is not 
    present and object to the vote on the ground that a quorum is not 
    present.

  If no Member rises to object that a recorded vote or yea or nay vote 
  discloses that a quorum is not present, the Speaker, on his own 
  initiative, declares the absence of a quorum, thereby invoking the 
  automatic call. Deschler Ch 20 Sec. 2.

                      Application to Particular Votes

      The automatic call of the House that ensues under Rule XV clause 4 
  when a quorum fails to vote is applicable whether the House is voting 
  viva voce (6 Cannon Sec. 697), by division (6 Cannon Sec. 691), by 
  tellers (4 Hinds Sec. 3053), or by the yeas and nays (6 Cannon 
  Sec. 703), but does not apply when the House is voting on some 
  question which does not require a quorum, such as a motion incidental 
  to a call of the House. 4 Hinds Sec. 2994; 6 Cannon Sec. 681.


  Sec. 15 . Use of Electronic Equipment

                                In General

      The Speaker is authorized to use the electronic equipment in the 
  Chamber to record those voting or present on any quorum call. See Rule 
  XV clause 5. Manual Sec. 774b. The use of this equipment is not 
  mandatory. The Speaker has the discretion, for example, to direct the 
  Clerk to call the roll--in lieu of taking the vote by electronic 
  device--where a quorum fails to vote

[[Page 723]]

  on any question and objection is made for that reason. Deschler Ch 20 
  Sec. 4.2. The Speaker also has the discretion, under Rule XV, to 
  direct that the quorum call be taken by clerk-tellers under clause 
  2(b) or by an alphabetical call of the roll under clause 1, rather 
  than by electronic device. Deschler Ch 20 Sec. 4.1.

                               Response Time

      On a call of the House conducted by electronic device, the Members 
  have ``not less than'' 15 minutes to respond. Rule XV clause 5(a). 
  Manual Sec. 774b. After the 15 minutes have expired, the Chair may 
  allow additional time for Members to respond before announcing the 
  result. Deschler Ch 20 Sec. 4.3.


  Sec. 16 . Names Published or Recorded on a Call

      The names of those Members who respond to a quorum call are 
  entered in the Journal and published in the Congressional Record. Rule 
  XV clause 5(a). Manual Sec. 774b. When the call is taken by clerks, 
  the clerks record the names of those present and note the names of 
  absentees. Manual Sec. 771b. And Members responding to a quorum call 
  ordered on motion under Rule XV clause 2(a) must see that their 
  presence is recorded in the appropriate manner to be entered on the 
  Journal. Manual Sec. 768. When an automatic call of the House ensues 
  under Rule XV clause 4, Members brought in by the Sergeant at Arms are 
  noted as present. Manual Sec. 773.
      Under Rule XV clause 3, any Member may demand that the names of 
  those Members not voting be noted by the Clerk and recorded in the 
  Journal, and that they be reported to the Speaker along with the names 
  of those Members voting, in determining the presence of a quorum. 
  Manual Sec. 772. The Speaker may direct the Clerk to note the names of 
  Members under this rule even on a vote on a question for which no 
  quorum is necessary. 8 Cannon Sec. 3152.


  Sec. 17 . Quorum Calls in Committee of the Whole

             Regular and ``Notice'' Quorum Calls Distinguished

      Quorum calls in the Committee of the Whole--to secure the presence 
  of at least 100 Members--are governed by the provisions of Rule XXIII 
  clause 2(a). That rule permits two kinds of quorum calls in the 
  Committee: (1) a ``regular'' quorum call and (2) a ``notice'' or 
  ``short'' quorum call. Manual Sec. 863.
      A ``regular'' quorum call is initiated under the first two 
  sentences of Rule XXIII clause 2(a). That language sets forth the 
  circumstances under

[[Page 724]]

  which the Chairman is to invoke the procedures normally available to 
  the Speaker for quorum calls in the House under the applicable 
  provisions of Rule XV. As noted above, Rule XV clause 5 allows at 
  least 15 minutes for Members to respond, and requires the publication 
  of the names of those Members voting or answering present (Manual 
  Sec. 774b). Generally, see Secs. 15, 16, supra.
      A ``notice'' or ``short'' quorum call is permitted under the last 
  two sentences of Rule XXIII clause 2(a), as adopted in 1974. That 
  provision permits the Chairman, at any time during a call, subject to 
  his prior announcement, to determine that a quorum is present and to 
  so declare. Proceedings under the call are then considered vacated, 
  and the Committee resumes its business. Manual Sec. 863. This 
  provision permits the Chairman to announce in advance, at the time the 
  absence of a quorum is ascertained, that he will vacate proceedings 
  when a quorum appears. It also enables the Chairman to convert to a 
  regular quorum call in the event that a quorum does not appear. 93-2, 
  May 13, 1974, p 14148. The Chair need not convert to a regular quorum 
  call precisely at the expiration of 15 minutes if 100 Members have not 
  responded on a ``notice'' quorum call but may continue to exercise his 
  discretion to vacate proceedings at any time during the entire period 
  permitted for the conduct of the call by clause 5, Rule XV. See 93-2, 
  July 17, 1974, p 23673.

                               When in Order

      The first time that a Committee of the Whole finds itself without 
  a quorum on any given day, the Chairman must invoke one of the quorum-
  call procedures that are available to him under the rules. (See Rule 
  XXIII clause 2(a), and the Rule XV procedures referred to therein.) 
  Thereafter, quorum calls are permitted during five-minute debate only 
  when the Chairman has put a pending motion or proposition to a vote. 
  And points of no-quorum during general debate are permitted only at 
  the discretion of the Chairman. Manual Sec. 863.

                             Method of Taking

      Before installation of the electronic system in the Chamber, 
  quorum calls in the Committee of the Whole were effected by a call of 
  the roll. 4 Hinds Sec. 2966. Under the modern practice, quorum calls 
  are taken by electronic device, but the Chairman has the discretion to 
  effect the call by an alphabetical call of the roll or by clerk-
  tellers. See Rule XXIII clause 2(a), which incorporates by reference 
  clauses 1, 2(b), and 5, of Rule XV. Thus, the Chairman may direct that 
  a ``notice'' quorum call be conducted pursuant to the provisions of 
  Rule XV clause 2(b)--by depositing quorum tally cards

[[Page 725]]

  with clerk-tellers--in lieu of conducting the call by electronic 
  device or a call of the roll. 98-1, July 13, 1983, p 18844.
      The so-called automatic call authorized by Rule XV clause 4 in the 
  House is not permitted in the Committee of the Whole. See Deschler Ch 
  20 Sec. 7.

                          Reports as to Absentees

      The Committee of the Whole rises and the Chairman reports the 
  names of absentees to the House only in the event that a quorum fails 
  to respond to the quorum call under Rule XXIII clause 2. The 96th 
  Congress amended that rule 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. 96-
  1, Jan. 15, 1979, p 8. Under the former practice, when the Committee 
  of the Whole found itself without a quorum, the Committee would rise 
  following the quorum call, the Chairman would report to the Speaker 
  that he had caused the roll to be called to establish the presence of 
  a quorum, names of the absentees would be spread on the Journal, and 
  the House would then automatically resolve back into the Committee. 
  91-1, Apr. 21, 1969, p 9705.


  Sec. 18 . Motions in Order During the Call

                                 Generally

      With the exception of the motion to adjourn, no motion is in order 
  during a call of the House except those in furtherance of the effort 
  to secure a quorum. 6 Cannon Sec. 682. Motions held not in order 
  include:

     Motions to recess. 4 Hinds Secs. 2995, 2996.
     Motions to dispense with further proceedings under the call. 4 
         Hinds Sec. 2992.
     Motions to excuse Members from voting. 4 Hinds Sec. 3007.
     Motions relating to deductions from the pay of Members. 4 
         Hinds Sec. 3011.

  Motions which are intended to secure a quorum and which are therefore 
  in order during the call of the House include:

     Motions that the Speaker issue warrants for the arrest of 
         absent Members. 6 Cannon Sec. 681.
     Motions that the Sergeant at Arms take absent Members into 
         custody. 4 Hinds Sec. 3029; 6 Cannon Sec. 685.
     Motions to require the Sergeant at Arms to report progress in 
         securing a quorum. 6 Cannon Sec. 687.

[[Page 726]]

     Motions for the previous question on a proposition incident to 
         a call of the House. 5 Hinds Sec. 5458.
     Motions to reconsider a vote incident to a call of the House. 
         5 Hinds Secs. 5607, 5608.

                            Motions to Adjourn

      The motion to adjourn takes precedence over a call of the House. 
  Deschler Ch 20 Secs. 8.14, 8.15. And the vote on adjournment is taken 
  before the call of the House even when the motion for the call was 
  offered but not finally agreed to prior to the motion to adjourn. 
  Deschler Ch 20 Sec. 8. However, the motion to adjourn is not 
  entertained after the call of the House has been ordered nor is it 
  entertained during the call. Deschler Ch 20 Secs. 8.22, 8.23. If the 
  call is taken by roll call, the motion to adjourn again becomes in 
  order after the conclusion of the second call of the roll if a quorum 
  has not been established. Deschler Ch 20 Sec. 8.19.
      The rule which authorizes automatic votes by the yeas and nays 
  (Rule XV clause 4) permits the House to adjourn in the absence of a 
  quorum and prior to a call of the House. This same rule permits the 
  Speaker to entertain a motion to adjourn after the call has been 
  completed, if the motion has been seconded by a majority of those 
  present, to be ascertained by actual count of the Speaker. Manual 
  Sec. 773.


  Sec. 19 . Securing Attendance; Arrests

                          Under Rule XV Clause 4

      The attendance of absent Members may be secured under Rule XV 
  clause 4, which makes provision for the automatic vote by the yeas and 
  nays. Under this rule, the Sergeant at Arms ``shall forthwith'' 
  proceed to bring in absent Members, whenever a quorum fails to vote, a 
  quorum is not present, and objection is made for that reason. A Member 
  who is arrested is brought by the Sergeant at Arms before the House 
  and permitted to vote. Manual Sec. 773. Compulsory attendance or 
  arrest has been rare in the modern practice.
      Under the conditions specified by this rule, the Sergeant at Arms 
  is required to detain those who are present and to bring in absentees 
  (4 Hinds Secs. 3045-3048), and it is not necessary that he be 
  specifically authorized to do so by a motion (Deschler Ch 20 
  Sec. 5.14) or by a resolution adopted by those present (4 Hinds 
  Sec. 3049). But to actually make an arrest under this rule, the 
  Sergeant at Arms must have in his possession a warrant signed by the 
  Speaker. Deschler Ch 20 Sec. 5.10 (note). Although the Speaker 
  possesses full authority to issue a warrant of arrest for absent 
  Members under this rule

[[Page 727]]

  (6 Cannon Secs. 680, 702) he usually does not do so without House 
  authorization (Deschler Ch 20 Sec. 5.10). The warrant takes the 
  following form (from 4 Hinds Sec. 3041):

      To __________, Sergeant at Arms of the House of Representatives, 
    or his deputies:
      Whereas Rule XV clause 4 of the House of Representatives provides 
    as follows: ________________
      And whereas the conditions specified in said rule have arisen, and 
    the following-named Members of the House are absent, to wit: 
    ____________________
      Now, therefore, by virtue of the power vested in me by the House, 
    I hereby command you to execute the said order of the House, by 
    taking into custody and bringing to the bar of the House said above-
    named Members; and make due return in what manner you execute the 
    same.
      [Sealed, signed by the Speaker, and attested by the Clerk]

      When arrested, Members are (1) arraigned at the bar, (2) 
  discharged from arrest, (3) questioned by the Speaker as to whether or 
  not they wish to vote, and (4) permitted to vote. See 4 Hinds 
  Sec. 3044.

                         Under Rule XV Clause 2(a)

      The use of the office of the Sergeant at Arms to procure the 
  presence of Members in the Chamber is also permitted by Rule XV clause 
  2(a), which, as previously noted (Sec. 13, supra) authorizes 15 
  Members to initiate a motion to compel the attendance of absent 
  Members. Under the rule, a majority of those present may order 
  officers appointed by the Sergeant at Arms to send for and arrest 
  absentees for whom no excuse is made. Members whose attendance has 
  been secured in this manner are detained until discharged under 
  conditions determined by the House. Manual Sec. 768. Those present may 
  prescribe a fine as the condition on which an arrested Member may be 
  discharged. 4 Hinds Sec. 3013.
      Under this rule, in the absence of a quorum in the House, a motion 
  (or other proposition) to arrest absentees and bring them into the 
  Chamber is in order. 4 Hinds Sec. 3018; Deschler Ch 20 Sec. 5.6. To 
  compel the attendance of absentees by arrest under this rule, the 
  motion:

     Must be supported by 15 affirmative votes, and those voting to 
         compel attendance must be in the majority. Deschler Ch 20 
         Sec. 5.9 (note).
     Is in order after a single calling of the roll. 4 Hinds 
         Sec. 3015.
     Is in order during proceedings to secure a quorum. 6 Cannon 
         Sec. 685.
     Is not debatable. 6 Cannon Sec. 686.
     May not order the arraignment of absent Members at a future 
         meeting of the House. 4 Hinds Secs. 3032-3034.


[[Page 728]]



      The motion for the arrest of absentees is in the form of an order 
  to the Sergeant at Arms, as follows [from Deschler Ch 20 Sec. 5.11]:

      Ordered, That the Sergeant at Arms take into custody and bring to 
    the bar of the House such Members as are absent without leave.

  Unless directed by an appropriate motion, the Sergeant at Arms, under 
  Rule XV clause 2(a), has no authority to compel the attendance of 
  absent Members. Deschler Ch 20 Sec. 5.9. A motion which merely states 
  that those who are not present are to be ``sent for'' and 
  ``returned,'' and not allowed to leave until the completion of certain 
  business, has been interpreted as requiring the Sergeant at Arms to 
  notify absentees but not as bestowing on him the authority to arrest 
  them and bring them into the Chamber under custody. Deschler Ch 20 
  Sec. 5.3.

      After agreement to the appropriate motion, warrants for the arrest 
  of absent Members are signed by the Speaker or Speaker pro tempore. 
  Deschler Ch 20 Sec. 5. Leave for a committee to sit during sessions 
  does not release its Members from liability to arrest. 4 Hinds 
  Sec. 3020.

                   Closing or Locking the Chamber Doors

      Although it was Jefferson's view that as a matter ``[o]f right, 
  the door ought not to be shut'' (Manual Sec. 380), the House rules 
  have from time to time given the Speaker the authority to order the 
  closing of the Chamber doors in connection with securing a quorum. 
  Deschler Ch 20 Sec. 6. The current rule, adopted in 1972, states that 
  ``. . . the doors shall not be closed except when so ordered by the 
  Speaker'' pursuant to a quorum call. Rule XV clause 2(b). Manual 
  Sec. 771b. The precursor of this rule gave the Speaker the discretion, 
  in securing a quorum, to order the doors closed or even locked. 
  Deschler Ch 20 Sec. 6.2 (note). Speaker McCormack in 1968 ordered the 
  doors to the Chamber closed and locked during a call of the House 
  pursuant to the rule, and instructed the Doorkeeper to let no Members 
  leave the Hall. Deschler Ch 20 Sec. 6.3.
      The Speaker has no authority to order the doors to the Chamber 
  locked except during a call of the House. Deschler Ch 20 Sec. 6.4. In 
  1919, Speaker Gillett, after putting the question on ordering a call 
  of the House, directed the Doorkeeper to lock the Chamber doors, but 
  then sustained a point of order that the doors should be closed only 
  on a call of the House. 6 Cannon Sec. 703. But in one instance the 
  doors were locked ``until disposition of the pending business''--the 
  reading of the Journal; this action was taken pursuant to House order 
  rather than by order of the Speaker. Deschler Ch 20 Sec. 6.5.

[[Page 729]]

  Sec. 20 . Dispensing With Further Proceedings

      Under the former practice, after a quorum had responded on a call 
  of the House, it was necessary to move to dispense with further 
  proceedings under the call before the House could proceed with pending 
  business. See 4 Hinds Sec. 3039. In 1979, the House amended Rule XV 
  clause 6(e)(2) to eliminate the motion to dispense with further 
  proceedings under a call of the House following establishment of a 
  quorum, unless the Speaker recognizes for an appropriate motion. 
  Manual Sec. 774c. Under this rule, when a quorum has been established 
  pursuant to a call of the House, the Speaker ordinarily simply 
  announces that further proceedings under the call are dispensed with. 
  See 96-1, Feb. 28, 1979, pp 3467, 3468. However, the Speaker still has 
  the discretion to recognize for a motion to that effect under Rule XV 
  clause 6(e).
      It has been held that the motion to dispense with further 
  proceedings pursuant to a call is:

     Not entertained until a quorum responds on the call. 6 Cannon 
         Sec. 689.
     Not preferential to a motion to adjourn. 8 Cannon Secs. 2643, 
         2644; Deschler Ch 20 Sec. 9.4.
     Not subject to challenge on a point of order of no quorum. 
         Deschler Ch 20 Secs. 9.12, 9.13.
     Not debatable, amendable, or subject to the motion to table. 
         Deschler Ch 20 Sec. 9.1; 91-2, Dec. 18, 1970, p 42504.
     In order in the absence of a quorum, and so does not force an 
         automatic call under Rule XV clause 4. Deschler Ch 20 
         Secs. 9.15, 9.16.



[[Page 731]]

 
                      READING, PASSAGE, AND ENACTMENT

  Sec.  1. In General; Stages in Passage
  Sec.  2. Readings
  Sec.  3. -- First Reading
  Sec.  4. -- Second Reading
  Sec.  5. -- Third Reading
  Sec.  6. Engrossment of House-passed Bills
  Sec.  7. -- Correcting Errors in Engrossment
  Sec.  8. -- Correcting Printing Errors; ``Star Prints''
  Sec.  9. Transmittal of Bills Between the Houses
  Sec. 10. Enrollment of Bills Passed by Both Houses
  Sec. 11. -- Committee Approval; Certification and Signing
  Sec. 12. -- Corrections in Enrollment
  Sec. 13. Delivery of Measures to the President
        Research References
          U.S. Const. art. I Sec. 7
          4 Hinds Secs. 3364-3481
          7 Cannon Secs. 1027-1083
          7 Deschler Ch 24 Secs. 11-16
          Manual Secs. 104, 105, 396, 397, 497, 498, 573-577, 830-833

  Sec. 1 . In General; Stages in Passage

      The various steps in the legislative process begin with the 
  introduction of a bill (and the ``first reading'') and include its 
  referral to committee, committee consideration, the reporting of the 
  measure to the House, and consideration and debate in the House or the 
  Committee of the Whole (where the ``second reading'' occurs). These 
  matters are covered elsewhere in this work. See Introduction and 
  Referral; Committees; Committees of the Whole;  and Consideration and 
  Debate. The checklist below focuses on the steps that follow the 
  ordering of the previous question on a bill through the enactment of 
  the bill into law.

     Previous question ordered on bill and all amendments to final 
         passage.

      Note: When the previous question is ordered, debate is terminated 
  and the House then votes first on any pending amendment or amendments 
  reported from the Committee of the Whole. If the previous question is 
  not ordered, the

[[Page 732]]

  bill and any amendments thereto are open to debate and amendment. See 
  Previous Question.

     Demand for separate vote on amendments adopted in the 
         Committee of the Whole.

      Note: A demand for a separate vote in the House on an amendment 
  adopted in the Committee of the Whole is in order following the 
  Speaker's announcement that the previous question has been ordered 
  (see Manual Sec. 337), but such separate votes are not actually taken 
  until after the House votes on the remaining amendments en bloc. 89-1, 
  July 9, 1965, p 16280. A Member cannot demand a separate vote on an 
  amendment rejected in the Committee of the Whole.

     Vote on amendments en bloc.

     Separate vote on amendments on which separate votes have been 
         demanded in the order of appearance in the bill. Manual 
         Sec. 337. See also Amendments.

     Question on engrossment and third reading (by title only).

      Note: This is normally a pro forma question. Engrossment is the 
  printing of the measure on special paper, and the ``third reading'' 
  requires merely a reading of the title. Manual Sec. 830. The question 
  is ordinarily approved automatically by unanimous consent but a record 
  vote is in order and a negative vote rejects the bill. On Senate bills 
  the question is put on the third reading, but the question on 
  engrossment is not put since such bills are engrossed by the Senate. 
  Engrossment generally, see Sec. 6, infra. Any amendment to a preamble 
  of a joint resolution should be made after engrossment and pending the 
  third reading. Manual Sec. 414.

     Motion to recommit.

      Note: A Member opposed to the bill may offer a motion to recommit 
  the measure to committee. He may offer a simple motion to recommit 
  (which if adopted stops further consideration of the bill) or a motion 
  to recommit with instructions. Manual Sec. 787. Only one proper motion 
  can be offered. See Refer and Recommit. Ordinarily, the instructions 
  are to the committee to report the bill back to the House 
  ``forthwith'' with an amendment.

     Previous question on motion to recommit.

      Note: Amendments to the motion cannot be offered if the previous 
  question on the motion has been ordered. Manual Secs. 787, 788. This 
  is in accordance with the House rule giving a higher privilege to the 
  motion for the pre-

[[Page 733]]

  vious question than to the motion to amend. Manual Sec. 782. If the 
  previous question is rejected, and an amendment is offered, the 
  previous question is again moved following disposition of the 
  amendment.

     Vote on motion to recommit (as amended or not).

      Note: If recommitted, reported back ``forthwith'' with amendments, 
  and amendments are agreed to, the vote recurs on engrossment and third 
  reading.

     Question on passage of bill.

      Note: As a general rule, after a bill is passed there can be no 
  further alteration of it in any way. On rare occasions, by vacating 
  the proceedings following the amendment stage (by unanimous consent), 
  a further amendment may be considered. The motion to reconsider may 
  also be used to revisit passage or a step leading thereto. See 
  Reconsideration. And the Clerk may be authorized to make changes in 
  the engrossed copy by unanimous consent. Manual Sec. 500.

     Amendments to title of bill.

      Note: Amendments to the title are not in order until after the 
  bill itself is passed, and are not debatable. Manual Sec. 822.

     Motion to reconsider.

      Note: While a motion to reconsider is pending, the bill cannot be 
  sent to the Senate.

     Motion or unanimous-consent request to lay the motion to 
         reconsider on the table.

      Note: The pro forma motion or unanimous-consent request to table 
  the motion to reconsider is used to preclude subsequent motions to 
  reconsider, and it is the accepted parliamentary mode of making the 
  vote in question final. In practice, the two motions are often made 
  simultaneously. 8 Cannon Sec. 2784. The Speaker himself often performs 
  this perfunctory role, as when he declares, after the announcement of 
  a vote, ``without objection, a motion to reconsider is laid on the 
  table.'' Deschler Ch 23 Sec. 34. Generally, see Reconsideration.

     Transmittal of bill to Senate.

      Note: After passage of a bill in the House, the engrossed copy is 
  attested by the Clerk of the House and transmitted to the Senate.

     Consideration of bill by Senate.

     Return of bill to House.

[[Page 734]]

      Note: If a House bill is passed by the Senate without amendment, 
  the bill when messaged to the House is at once enrolled under the 
  supervision of the Committee on House Oversight. Manual Sec. 697a. See 
  Sec. 10, infra. If returned with amendment, the bill may be referred 
  to the House committee having jurisdiction, although such amendments 
  are often considered directly in the House by unanimous consent, by 
  motion to suspend the rules, or under a special order. When Senate 
  amendments need not be considered in the Committee of the Whole, they 
  are laid before the House directly from the Speaker's table. See 
  Senate Bills; Amendments Between the Houses.

     Consideration of Senate amendments in the House.

      Note: When taken up by the House, Senate amendments are considered 
  by unanimous consent or pursuant to a special rule or a motion to 
  suspend the rules. Senate amendments are agreed to, disagreed to, or 
  agreed to with amendment. Manual Sec. 528-528d. For precedence of the 
  various motions, see Senate Bills; Amendments Between the Houses.

     House-Senate conference.

      Note: If there is disagreement between the two Houses on any 
  amendment, a conference may be sought by one House and agreed to by 
  the other. A committee of conference consisting of managers on the 
  part of the House and Senate then meets to resolve the disagreement. 
  Manual Secs. 530-556. See Conferences Between the Houses.

     Submission of conference report.

      Note: The committee of conference having met, a report embodying 
  their recommendation is submitted to the House and the Senate.

     Adoption of conference report.

      Note: Approval by the House and Senate of the conference report 
  and mutual agreement to any amendments in disagreement constitutes 
  final congressional approval of the bill. The two Houses act seriatim 
  on the report, that House agreeing to the conference normally acting 
  first. However, a conference report must be acted on as a whole, and 
  either agreed to or disagreed to in its entirety. Rejection of a 
  portion of a conference report under a special procedure permitting 
  that vote results in rejection of the entire report. If the conferees 
  disagree on certain numbered amendments, they are submitted to each

[[Page 735]]

  Chamber individually and acted upon separately. Every amendment must 
  be agreed to in identical form by both Houses before congressional 
  action on the bill is complete. See Conferences Between the Houses.

     Enrollment of bill.

      Note: A bill that is finally passed by both Houses is enrolled by 
  the House in which it originated--that is, it is printed on a special 
  paper under the supervision of an enrolling clerk. After its accuracy 
  has been approved by the Committee on House Oversight, an enrolled 
  bill is reported to the House and Senate, where it is signed by the 
  Speaker and Vice President, respectively. Manual Sec. 697a. See 
  Sec. 10, infra.

     Delivery of bill to the President for approval or veto.

      Note: An enrolled bill, having been signed by the Speaker and Vice 
  President, is delivered to the White House for Presidential approval. 
  The President has 10 days (excluding Sundays) in which to sign the 
  bill or veto it by returning it to the originating House, with his 
  objections. See also Veto of Bills.

     Passage of bill over Presidential veto.

      Note: A veto override requires an affirmative two-thirds yea and 
  nay vote, a quorum being present, in each Chamber. If a vote to 
  override a veto succeeds in the originating House, the measure is sent 
  to the second House. If the veto is overriden there by a two-thirds 
  vote, the bill becomes law without the President's signature. Manual 
  Sec. 109.

     Deposit of measure in National Archives.

      Note: When an enrolled bill is signed by the President or enacted 
  over his veto, it becomes a public law and is sent to the National 
  Archives and published in the Statutes at Large, an annual volume that 
  compiles all bills that become law. If passed by the two Houses over 
  the President's veto, it is transmitted to the Archivist by the House 
  last acting on it.


  Sec. 2 . Readings

      The reading of a bill is an essential, although unobtrusive, step 
  in its passage (Deschler Ch 24 Sec. 11). The First Congress adopted a 
  rule requiring three separate and distinct readings of each bill 
  brought before the House. 4 Hinds Sec. 3391.
      The modern rule provides that a bill or joint resolution must be 
  read three times, the first time by title, the second time in full, 
  and the third time

[[Page 736]]

  by title. Rule XXI clause 1 (Manual Sec. 830). The second or full 
  reading is frequently waived by unanimous consent, under suspension of 
  the rules, or by special rule from the Committee on Rules (Manual 
  Sec. 831). The three readings referred to in Rule XXI are to be 
  distinguished from the procedures involved in reading a bill for 
  amendment. See Amendments. In practical terms, the ``first reading'' 
  in the Committee of the Whole is the second reading in full 
  contemplated by the rule while the reading for amendment by paragraphs 
  or sections is the second actual reading in Committee of the Whole.
      Reading of papers in debate, see Consideration and Debate.


  Sec. 3 . -- First Reading

      Under Rule XXI clause 1, the first reading of a bill in the House 
  is by title only. Manual Sec. 830. Formerly, a bill was read the first 
  time by title at the time of its introduction before the House; but 
  since 1890 all bills have been introduced by filing them with the 
  Clerk (placing them in the bill ``hopper'' at the rostrum). 4 Hinds 
  Sec. 3391. Today, the titles of all bills introduced are printed in 
  the Journal and Record, thus carrying out the real purposes of the 
  first-reading rule. Manual Sec. 831.


  Sec. 4 . -- Second Reading

                                 Generally

      The second reading of a bill--to be in full--normally occurs when 
  it is first taken up for consideration in the Committee of the Whole; 
  although it is called the ``first reading'' in Committee of the Whole, 
  the reading for amendment by paragraphs or sections is the second 
  actual reading in Committee of the Whole. 95-1, Apr. 28, 1977, p 
  12635.
      When considered in the House alone, bills are read the second 
  time--in full--when taken up for action (4 Hinds Sec. 3391), although 
  such reading is often dispensed with by unanimous consent. 97-2, June 
  24, 1982, pp 15168, 15172. The Clerk and not the Speaker or Chairman 
  of the Committee of the Whole reads bills on second reading. Manual 
  Sec. 428. If consideration of the bill is not completed on the day it 
  is called up, it is read by title when called up on subsequent days.

           Demanding a Reading in Full; Dispensing With Readings

      In general, any Member may demand a full reading of a bill before 
  general debate thereon begins, provided the bill has not previously 
  been read. 7 Deschler Ch 24 Sec. 11.1 (note). In practice, however, 
  verbatim readings are usually dispensed with by unanimous consent (95-
  2, May 17, 1978, p

[[Page 737]]

  14147), by suspension of the rules, or pursuant to a special rule 
  providing for the consideration of the bill (Deschler Ch 24 Sec. 11; 
  Manual Sec. 830). Special rules of this nature are now common 
  practice.
      It has been held that a motion to dispense with the reading of a 
  bill in full is not in order. 8 Cannon Secs. 2335, 2436. But a motion 
  to suspend the rules and read by title only has been permitted. 7 
  Cannon Sec. 1057. And the House can dispense with the reading in 
  Committee of the Whole by motion if the motion is made privileged, as 
  when reported from the Committee on Rules. Deschler Ch 24 Sec. 11.1 
  (note).

                    Measures Subject to Reading in Full

      The rule (Rule XXI clause 1) requiring a reading ``in full'' 
  refers only to ``bills and joint resolutions,'' but a reading in full 
  should extend to all concurrent and simple resolutions as well, when 
  taken up for consideration in the House. 95-2, July 12, 1978, p 20494. 
  Unless the reading is dispensed with, it is the text of the measure as 
  originally introduced which is read. Proposed committee amendments are 
  not included in this reading. Deschler Ch 24 Sec. 11. Even when a 
  substitute amendment has been reported to the House, it is the 
  original bill that must be read unless dispensed with by unanimous 
  consent. 7 Cannon Sec. 1054.

                          Interruption of Reading

      The reading of a bill may be interrupted by the presentation of a 
  matter of higher privilege, such as the reception of a message, a 
  question of privilege, or the arrival of the time designated for 
  adjournment. See 5 Hinds Sec. 6448 (reading interrupted by 
  presentation of conference report).


  Sec. 5 . -- Third Reading

      The third reading of a bill is by title only under Rule XXI clause 
  1 and comes after the order for engrossment, and before the question 
  is put on passage of the bill. Manual Sec. 830. The Speaker states: 
  ``The question is on the engrossment and third reading of the bill.'' 
  This is a pro forma question that is routinely put and routinely 
  approved by voice vote just before the measure itself is put to a 
  vote. However, the yeas and nays may be ordered on the question of 
  engrossment and third reading. 86-1, Aug. 31, 1959, p 17404. And if 
  the question is put to a vote and decided in the negative, the bill is 
  considered rejected. 4 Hinds Sec. 3420. If this reading is omitted and 
  the House passes the bill, the vote is subject to a motion to 
  reconsider in order to remedy the omission. 4 Hinds Sec. 3406.

[[Page 738]]

      At one time, a Member could demand a reading in full of the 
  engrossed copy, but this procedure was stricken from the rules in 1965 
  (Deschler Ch 24 Sec. 11).


  Sec. 6 . Engrossment of House-passed Bills

      After a bill has passed the House, the Clerk prepares a certified 
  copy for transmission to the Senate. This copy is the official copy of 
  the measure as passed by the House, and is referred to as the 
  ``engrossed'' copy. Engrossment is the process by which a bill is 
  printed on special paper under the supervision of the Clerk of the 
  House. House-passed measures or House amendments to Senate measures 
  are engrossed on distinctive blue paper. The Clerk attests to the 
  engrossment, and his signature gives rise to the presumption that the 
  bill was correctly engrossed. 4 Hinds Sec. 3428. Senate bills and 
  amendments are engrossed on white paper and bear the signature of the 
  Secretary of the Senate. A limited number of the blue and white 
  engrossments are printed for official use of the House and the Senate 
  and are the prints used by conferees in working out their agreements.
      The engrossment of a House-passed bill is under the control of the 
  House, not of the Committee of the Whole. Thus, a unanimous-consent 
  request relating to the engrossment of a bill is properly made in the 
  House following the passage of the bill and is not in order in the 
  Committee of the Whole. 92-1, June 4, 1971, p 18049.
      Engrossed bills are to be distinguished from ``enrolled'' bills; 
  after a bill has passed both the House and the Senate, an ``enrolled'' 
  bill is prepared on parchment for the signatures of the Presiding 
  Officers of the two Houses, and for transmittal to the White House for 
  the President's approval. See Sec. 10, infra.


  Sec. 7 . -- Correcting Errors in Engrossment

                Prior to Transmittal of Bill to the Senate

      Where the House has not messaged its legislative action to the 
  Senate, the House may, by unanimous consent, authorize the Clerk to 
  make technical corrections in the engrossment of a House-passed bill. 
  This procedure may be used, for example, to direct the Clerk to 
  correct or change the table of contents, to amend or strike out cross 
  references (Deschler Ch 24 Sec. 12.12), or to change section numbers 
  and make other technical changes (Deschler Ch 24 Sec. 12.10). See also 
  91-2, June 4, 1970, p 18415; 93-1, June 28, 1973, p 22103. The 
  unanimous-consent procedure may also be used to authorize the Clerk to 
  make designated substantive changes in the engrossment of a bill just 
  passed by the House, but the Chair may require that they

[[Page 739]]

  be read by the Clerk before entertaining the unanimous-consent 
  request. 99-1, Feb. 27, 1985, p 3888; 99-1, June 27, 1985, p 17875.
      The engrossment of House amendments to Senate bills that have not 
  been messaged to the Senate may likewise be corrected by unanimous 
  consent, the Clerk being directed to make the necessary change. 
  Deschler Ch 24 Secs. 12.8, 12.9, 12.11. Thus, in one instance, by 
  unanimous consent, the Clerk was authorized to correct the engrossment 
  of a House amendment to a Senate bill passed on the preceding day to 
  reflect the adoption in Committee of the Whole of an amendment that 
  was inadvertently not reported to the House. 94-1, May 7, 1975, p 
  13363. The same procedure may be used to correct the engrossment of a 
  House amendment to a Senate bill by deleting a provision inadvertently 
  included in the measure voted on. 99-2, Oct. 9, 1986, p 30102.

                    After Transmittal of Bill to Senate

      After a bill has been messaged to the Senate, any corrections must 
  be initiated by requesting the Senate to return the bill. By 
  resolution, the House requests the Senate to return the bill and 
  authorizes the Clerk to reengross the bill with specified changes. 
  Deschler Ch 24 Sec. 12.5; 92-1, Nov. 17, 1971, p 41798. Where both 
  Houses have acted on the measure, a concurrent resolution is required 
  to effect changes in the final enrollment. Deschler Ch 24 Sec. 12.6. A 
  resolution in the House requesting the return of a bill of the Senate 
  to correct an error made by the Clerk in preparing the engrossment of 
  a House amendment was treated as a question of privilege under Rule 
  IX. 3 Hinds Sec. 2613; 97-2, Oct. 1, 1982, p 27172.


  Sec. 8 . -- Correcting Printing Errors; ``Star Prints''

      The engrossed copy of a bill may be ``star printed'' (that is, 
  reprinted with a star to indicate the reprinting) to rectify a 
  Government Printing Office typographical error. This procedure is 
  designed to substitute a reprinted bill correcting the error and 
  showing the exact form in which the bill was actually passed. Deschler 
  Ch 24 Sec. 12.1.
      The star print procedure is appropriate to correct GPO printing 
  errors in a bill up until such time as both Houses have acted on the 
  measure. Thereafter, a concurrent resolution is used to correct 
  printing errors. Deschler Ch 24 Sec. 14.7 (note).


  Sec. 9 . Transmittal of Bills Between the Houses

      A bill having passed one House and been engrossed and attested, it 
  is transmitted to the other House by message. Deschler Ch 24 
  Sec. 12.1. And it

[[Page 740]]

  is possible for one House to message the other to return a bill for 
  the correction of errors or otherwise. 3 Hinds Sec. 2613; 4 Hinds 
  Secs. 3460-3465. A request of the Senate for the return of a bill is 
  treated as privileged in the House, and must be presented to the House 
  for consideration. 86-1, Sept. 14, 1959, p 19715. The request may be 
  disposed of by unanimous consent or by motion. 91-2, Sept. 9, 1970, p 
  30850; 93-1, July 10, 1973, p 23027. The question is put to the House 
  without debate (91-2, Dec. 29, 1970, p 43776) unless debate is 
  permitted under a reservation of the right to object (95-1, Aug. 3, 
  1977, p 26538). See Points of Order; Parliamentary Inquiries. The 
  House may by unanimous consent agree to a request of the Senate for 
  the return of a Senate bill even where the bill has been referred to a 
  House committee. 86-2, Jan. 21, 1960, p 1022; 91-1, July 10, 1969, p 
  19095.


  Sec. 10 . Enrollment of Bills Passed by Both Houses

      When a bill or joint resolution has passed both Houses, the papers 
  are delivered to the House that originated the measure, and a copy--
  called the ``enrolled bill''--is prepared. If the bill originated in 
  the House, it is enrolled under the supervision of the Committee on 
  House Oversight. Manual Sec. 697a. The enrollment is printed on 
  distinctive paper under special supervision of the enrolling clerks of 
  the House or the Senate. Deschler Ch 24 Sec. 14.1. This printing 
  requirement (1 USC Sec. 106a) may be waived by the enactment of a 
  joint resolution (99-1, Dec. 10, 1985, pp 35741, 35742), or, during 
  the last six days of the session, by the adoption of a concurrent 
  resolution (99-1, Dec. 16, 1985, p 36577). The enrolled bill is signed 
  by the Presiding Officers of the House and the Senate and is delivered 
  to the President for his approval. See Secs. 11-14, infra. If approved 
  by the President, the measure is sent to the National Archives. 1 USC 
  Sec. 106a.
      It has been held that when an enrolled bill has been signed by the 
  President, its validity cannot be questioned on account of the 
  pendency of a motion to reconsider, the signing of the enrolled bill 
  by the Speaker and Vice President being complete and unimpeachable 
  evidence of its passage. See Field v Clark, 143 US 650.


  Sec. 11 . -- Committee Approval; Certification and Signing

                        Approval and Certification

      A House-enrolled bill must be approved as to form and accuracy by 
  the Committee on House Oversight (Manual Sec. 697b), although this 
  requirement has on rare occasions been waived by unanimous consent (4 
  Hinds Sec. 3452). In addition, House-enrolled bills are certified by 
  the Clerk as having origi-

[[Page 741]]

  nated in the House. Senate enrollments are delivered to the House 
  after examination and certification by the Secretary of the Senate. 
  Deschler Ch 24 Sec. 15.

                                  Signing

      Enrollments are signed first by the Speaker and then by the 
  President of the Senate. 4 Hinds Sec. 3429. In early Congresses, the 
  Speaker could not sign an enrolled bill in the absence of a quorum. 4 
  Hinds Sec. 3458. Today, under a rule adopted in 1981, the Speaker has 
  standing authority to sign enrolled bills even if the House is not in 
  session (Manual Sec. 624), and bills passed at one session may be 
  signed by the Speaker at the next session (7 Cannon Sec. 1075).

                    Signing by the Speaker Pro Tempore

      A Speaker pro tempore elected by the House (2 Hinds Sec. 1401), or 
  whose designation by the Speaker has received the approval of the 
  House (2 Hinds Sec. 1404; 6 Cannon Sec. 277), signs enrolled bills 
  (Rule I clause 7), but a Member merely called to the Chair during the 
  day (2 Hinds Sec. 1399; 6 Cannon Sec. 276), or designated only by the 
  Speaker (2 Hinds Sec. 1401), does not exercise this function.


  Sec. 12 . -- Corrections in Enrollment

           Generally; Authorizing Corrections Before Enrollment

      The Clerk of the House may be authorized by concurrent resolution 
  to make certain corrections in the enrollment of a House bill. 7 
  Cannon Sec. 1068; 87-2, Oct. 1, 1962, p 21574; 88-1, Dec. 17, 1963, p 
  24823. The authorizing resolution may be agreed to by one House even 
  before the bill to be corrected has passed the other House. In one 
  instance the House agreed to a concurrent resolution correcting the 
  enrollment of a joint resolution prior to the consideration of a 
  conference report on that measure. 99-1, Dec. 11, 1985, pp 35957, 
  35958.
      Corrections made in this manner often involve nothing more than 
  spelling errors (87-2, June 14, 1962, p 10501), or a correction in the 
  title of a bill (91-2, Mar. 5, 1970, p 6193). In one case, however, 
  the resolution authorized the Clerk, in the enrollment of a House 
  bill, to make extensive technical corrections and to delete a 
  provision contained in the conference report which was outside the 
  scope of the differences committed to conference. 93-2, Aug. 20, 1974, 
  pp 29216-18.
      Corrections in enrolled bills are normally carried out by the 
  House that originated the bill, but the authorizing resolution may 
  originate in either House. Thus, the House may originate a concurrent 
  resolution directing the

[[Page 742]]

  Secretary of the Senate to make corrections in the enrollment of a 
  Senate bill. 95-2, Oct. 14, 1978, p 38319.

                 Authorizing Corrections After Enrollment

      The correction of a bill, even after its enrollment, may be 
  ordered by concurrent resolution of the two Houses. 4 Hinds Sec. 3451; 
  7 Cannon Sec. 1041. If the enrolled bill has not been signed, the 
  resolution may simply direct the Clerk to reenroll the bill with a 
  correction. Deschler Ch 24 Sec. 14.14. If the enrolled bill has been 
  signed, the two Houses by concurrent action may authorize the 
  rescission or cancellation of the signatures and a reenrollment (4 
  Hinds Secs. 3453-3459; Deschler Ch 24 Sec. 14.13), and in the same way 
  the signatures may be canceled on a bill prematurely enrolled (4 Hinds 
  Sec. 3454). See also Deschler Ch 24 Secs. 15.12, 15.13. The resolution 
  may not only rescind the action of the Speaker and President of the 
  Senate in signing the bill, but may direct the Clerk to reenroll the 
  bill with certain changes or provide for its return to the Senate. 
  Deschler Ch 24 Secs. 14.9-14.11.

         Correction or Recall of Bills Delivered to the President

      Corrections or changes in enrolled bills which have been delivered 
  to the White House but not signed into law have traditionally been 
  effected by way of concurrent resolution, considered by unanimous 
  consent, requesting the return of the bill and vacating the signatures 
  of the Speaker and the President of the Senate. The resolution may 
  direct a reenrollment with corrections by the Clerk of the House or 
  Secretary of the Senate, whichever is appropriate. 4 Hinds Secs. 3507, 
  3508; Deschler Ch 24 Secs. 16.1-16.4. Bills corrected under this 
  procedure are resubmitted to the President for his approval. However, 
  in one instance, a concurrent resolution was used to request the 
  recall of a bill from the White House, to rescind the signatures of 
  the two Presiding Officers, and to postpone the bill indefinitely. 
  Deschler Ch 24 Sec. 16.5.
      The use of concurrent resolutions to recall a bill to correct an 
  error is appropriate only with respect to bills that have not been 
  signed, or presumed not to have been signed, by the President. 4 Hinds 
  Sec. 3507 (note). Once the bill has been signed, it becomes law and 
  changes in it can only be effected by amending the measure pursuant to 
  the passage of a bill or joint resolution. Thus, where the President 
  signed a bill from which a section had been inadvertently omitted 
  during enrollment, the Congress immediately adopted a joint resolution 
  amending the law and inserting the omitted section. Deschler Ch 24 
  Sec. 14.19.

[[Page 743]]

                        Consideration of Resolution

      Concurrent resolutions making corrections in an enrolled bill or 
  in its enrollment are not privileged for consideration and are 
  normally considered by unanimous consent. 92-2, Mar. 8, 1972, p 7573; 
  92-2, Oct. 5, 1972, p 34064. If an objection to the consideration of 
  the resolution is made, the resolution may be considered under 
  suspension of the rules (93-2, Aug. 5, 1974, p 26796), or be made 
  privileged by a special rule reported from the Committee on Rules (93-
  2, Dec. 13, 1974, p 39596). Such a resolution may also be taken up 
  pursuant to a special rule from the Committee on Rules ``hereby'' 
  adopting that resolution. 100-2, May 4, 1988, p 9865.


  Sec. 13 . Delivery of Measures to the President

                                   Bills

      The Constitution requires that every bill which passes the House 
  and the Senate must be presented to the President of the United States 
  for his approval. U.S. Const. art. I Sec. 7. In early Congresses, a 
  joint committee took enrolled bills to the President (4 Hinds 
  Sec. 3432), but in the later practice the chairman of the committee in 
  each House having responsibility for the enrollment of bills also has 
  the responsibility of presenting the bills from that House to the 
  President. Such presentation is recorded in the Journal. Manual 
  Sec. 577.
      Enrolled bills pending at the close of a session have at the next 
  session of the same Congress been ordered to be presented as if no 
  adjournment had taken place. 4 Hinds Secs. 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. 4 
  Hinds Sec. 3486. And bills enrolled in one Congress have been 
  presented to the President and been signed by him after the convening 
  of the next Congress. Manual Sec. 577.

                             Joint Resolutions

      A joint resolution is a bill so far as the processes of Congress 
  are concerned (4 Hinds Sec. 3375), and, with the exception of joint 
  resolutions proposing amendments to the Constitution (5 Hinds 
  Sec. 7040), all joint resolutions are sent to the President for his 
  approval. Manual Sec. 397; 4 Hinds Sec. 3483. That joint resolutions 
  proposing amendments to the Constitution need not be submitted to the 
  President has been settled since the earliest Congresses. Such joint 
  resolutions, after passage by both Houses, are presented to the 
  Archivist (1 USC Sec. 106b).

[[Page 744]]

                          Concurrent Resolutions

      It has been the uniform practice of the Congress, since the 
  organization of the government, not to present concurrent resolutions 
  to the President for his approval, and to avoid incorporating in such 
  resolutions any matter of strict legislation requiring such 
  presentation. They have been used merely to express the sense of 
  Congress on a given subject, to adjourn for longer than three days, or 
  to accomplish some purpose in which both Houses have a common 
  interest, but with which the President has no concern. Such 
  resolutions have ``never embraced legislative provisions proper and 
  hence have never been deemed to require executive approval.'' 4 Hinds 
  Sec. 3483. See also Manual Sec. 396.



[[Page 745]]

 
                                  RECESS

  Sec. 1. In General
  Sec. 2. House Authorization; Motions
  Sec. 3. Duration of Recess
  Sec. 4. Purpose of Recess
        Research References
          5 Hinds Secs. 6663-6671
          8 Cannon Secs. 3354-3362
          Manual Secs. 586, 782, 784


  Sec. 1 . In General

      The Speaker has the discretionary authority to declare a brief 
  recess when no question is then pending before the House. Rule I 
  clause 12 (adopted in 1993). Recesses may also be declared by the 
  Speaker pursuant to authority granted by the House (Sec. 2, infra). 
  They are not permitted in the Committee of the Whole except with the 
  permission of the House. 5 Hinds Secs. 6669-6671; 8 Cannon Sec. 3357.
      Recess is to be distinguished from adjournment. Recesses are taken 
  during a legislative day, whereas normally adjournments are taken from 
  day to day; and an adjournment terminates a legislative day. Another 
  distinguishing feature is that, during a recess, the Mace remains in 
  place on the rostrum, indicating that the House continues in a 
  receptive mode for business. Bills may be introduced and reports filed 
  through the hopper.
      When the hour previously fixed for a recess arrives, the Chair 
  declares the House in recess even in the midst of a division vote. 5 
  Hinds Sec. 6665. But a recess may not interrupt a call of the roll (5 
  Hinds Sec. 6054) or a recorded vote (5 Hinds Sec. 6055). The Speaker 
  may not declare a recess during a roll call, the taking of a vote by 
  yeas and nays or a recorded vote; this is so even though the House has 
  previously given him authority to declare a recess at any time. 5 
  Hinds Sec. 6054.


  Sec. 2 . House Authorization; Motions

      House authorization to declare a recess may be given to the 
  Speaker by motion (Rule XVI clause 4; Manual Secs. 586, 782), by 
  unanimous consent (99-2, Apr. 23, 1986, p 8474), suspension, or by 
  special order (94-1, Feb. 6, 1975, p 2641; 104-1, Dec. 21, 1995, p 
  ____). The recess authority granted to the Speaker may be for a single 
  recess on a given day (87-2, July

[[Page 746]]

  2, 1962, p 12625, 92-1, May 20, 1971, p 16148), for several recesses 
  subject to the call of the Chair (93-1, Apr. 30, 1973, p 13576) or for 
  several days (104-1, Dec. 21, 1995, p ____). However, no recess 
  declared by the Speaker or authorized by the House alone can exceed 
  three days since that would violate the constitutional requirement for 
  Senate acquiescence. U.S. Const. art. I Sec. 5. See also Sec. 3, 
  infra.
      The Speaker may also be authorized to declare a recess:

     At any time during the remainder of the day. 86-1, Mar. 25, 
         1959, p 5264; 87-2, Sept. 12, 1962, p 19258.
     On the following day. 86-1, May 26, 1959, p 9155.
     During the remainder of the week. 90-1, Dec. 15, 1967, p 
         37126.
     At any time on certain days of the week. 88-2, Apr. 7, 1964, p 
         7119; 91-2, Dec. 21, 1970, p 43094.
     At any time on the legislative day of Friday and Saturday, and 
         if necessary on Sunday. 97-1, Nov. 19, 1981, p 28211.
     At any time during the remainder of the session. 86-1, Sept. 
         11, 1959, p 19128; 87-1, Sept. 16, 1961, p 19800.

                       Motions to Authorize a Recess

      In 1991 the House amended Rule XVI clause 4 to permit the Speaker 
  to entertain ``at any time'' a motion authorizing him to declare a 
  recess. This motion differs from authorizations pursuant to unanimous-
  consent requests in that the motion is privileged and may be adopted 
  by simple majority vote. The motion differs from special-order 
  authorizations in that the latter require adoption of a resolution 
  reported by the Committee on Rules. Generally, see Special Rules.
      Rule XVI gives the motion for a recess a privileged status equal 
  to that of the motion to adjourn. Manual Sec. 782. As is noted 
  elsewhere, the motion to adjourn is ordinarily a motion of the highest 
  precedence and privilege (Manual Sec. 783). See Adjournment.
      A privileged motion to recess was permitted by rule from 1880 to 
  1890. 8 Cannon Sec. 3356. With this exception, until the adoption of 
  the 1991 rule, the motion to authorize a recess was not privileged in 
  the House (8 Cannon Sec. 3354) and could be entertained only by 
  unanimous consent. See 86-2, Mar. 23, 1960, p 6400; 94-1, July 31, 
  1975, p 26244.
      A motion to authorize the Speaker to declare a recess is not 
  debatable (Manual Sec. 782), but is subject to amendment.

                            Quorum Requirements

      A vote by the House to authorize the Speaker to declare a recess 
  requires a quorum. 4 Hinds Secs. 2955-2960. A request for a recess 
  cannot be entertained if the absence of a quorum has been declared. 4 
  Hinds Sec. 2959.

[[Page 747]]

  But when the hour previously fixed for a recess arrives, the Chair 
  declares the House in recess even if a quorum is not present. 5 Hinds 
  Secs. 6665, 6666.


  Sec. 3 . Duration of Recess

      The Speaker is permitted by Rule I clause 12 to declare a recess 
  for ``a short time . . . subject to the call of the Chair,'' when no 
  question is pending before the House. In 1993 the House stood in 
  recess for more than seven hours (103-1, Apr. 1, 1993, p ____), and in 
  1994, the House stood in recess for 10 hours (103-2, Mar. 18, 1994, p 
  ____).
      The Speaker may be authorized by the House to declare a recess to 
  extend not later than a time certain on that day (92-2, Oct. 14, 1972, 
  p 36474), or to declare a recess until a time certain on the following 
  calendar day (97-1, Nov. 20, 1981, p 28628). Overnight recess may be 
  authorized, in which event the same legislative day is retained. See 
  98-1, Nov. 10, 1983, p 32200. A recess does not terminate a 
  legislative day and a legislative day may not be terminated during 
  recess. 8 Cannon Sec. 3356. Upon the expiration of an overnight 
  recess, the House is called to order and the Chaplain offers the 
  prayer. 97-1, Nov. 20, 1981, p 28628.
      The Speaker has been authorized to declare recesses at any time 
  during a Thursday-evening-to-Monday-noon period subject to the call of 
  the Chair. 98-1, Nov. 10, 1983, p 32197. However a recess cannot 
  extend longer than three days by House order alone, since neither 
  House may adjourn for more than three days without the consent of the 
  other. See Adjournment. Such adjournments are provided for by 
  concurrent resolution whereas adjournments of three days or less may 
  be agreed to by simple resolution or other House order. See 94-1, Feb. 
  6, 1975, pp 2641, 2642.


  Sec. 4 . Purpose of Recess

      Where the Speaker is given authority to declare a recess by 
  unanimous consent or a special order, the specific purpose of the 
  recess may be stipulated. The Speaker may be authorized to declare the 
  House in recess in order to:

     Attend to a Member who has suddenly taken ill on the floor of 
         the House. 91-1, July 8, 1969, p 18614.
     Await the receipt of a message from the President. 91-1, Jan. 
         17, 1969, pp 1188-92.
     Await a message from the Senate. 91-1, Feb. 7, 1969, p 3268.
     Await a report from a committee on certain emergency 
         legislation. 91-2, Mar. 4, 1970, pp 5867 et seq.
     Await a conference report. 91-2, Dec. 9, 1970, p 40794; 92-1, 
         Dec. 14, 1971, pp 46884-88.

[[Page 748]]

     Await a report from the Committee on Rules. 91-2, Mar. 4, 
         1970, p 5867.
     Await Senate action on a House joint resolution continuing 
         appropriations for several departments of the government which 
         are without funds. 95-1, Nov. 4, 1977, p 37066.
     Await or attend a joint meeting to receive certain 
         dignitaries. 92-1, Sept. 8, 1971, p 30845.
     Receive former Members of the House in the Chamber. 92-1, Mar. 
         4, 1971, pp 5137-41; 94-1, May 12, 1975, p 13738; 95-2, May 19, 
         1978, p 14660.
     Permit the Members to attend certain ceremonies. 93-2, Dec. 
         19, 1974, p 41604.
     Make preparations for a secret session of the House pursuant 
         to Rule XXIX. 96-1, June 20, 1979, p 15711.

      Where the Speaker is given authority to declare recesses, and the 
  specific purpose of such recesses is not made a part of the request, 
  the authority may be exercised at the Speaker's discretion. 88-2, Apr. 
  8, 1964, p 7304.



[[Page 749]]

 
                                RECOGNITION

              A. Introductory; Power of Recognition

  Sec.  1. In General; Seeking Recognition
  Sec.  2. Power and Discretion of Chair
  Sec.  3. Limitations; Basis for Denial
  Sec.  4. Alternation in Recognition

              B. Right to Recognition; Priorities

  Sec.  5. In General
  Sec.  6. Priorities of Committee Members
  Sec.  7. Right of Member in Control
  Sec.  8. Right to Open and Close General Debate
  Sec.  9. -- To Close Debate on Amendments

              C. Recognition on Particular Questions

  Sec. 10. In General; As to Bills
  Sec. 11. For Motions
  Sec. 12. Of Opposition After Rejection of Motion
  Sec. 13. As to Special Rules
  Sec. 14. Under the Five-minute Rule
  Sec. 15. -- Under Limited Five-minute Debate
  Sec. 16. As to House-Senate Conferences
        Research References
          2 Hinds Secs. 1419-1479; 5 Hinds Secs. 4978-5079
          6 Cannon Secs. 283-313; 8 Cannon Secs. 2448-2478
          Manual Secs. 354-357, 753-759, 764, 782, 807, 827, 906, 908

                   A. Introductory; Power of Recognition


  Sec. 1 . In General; Seeking Recognition

      In order to address the House or speak on any matter, or to make a 
  motion or objection, a Member must first secure recognition from the

[[Page 750]]

  Speaker in the House or from the Chairman of the Committee of the 
  Whole. See Rule XIV clause 1. Manual Sec. 749. Under the rule, the 
  Chair has the power and discretion to determine who will be 
  recognized, and for what purpose. 2 Hinds Secs. 1422-1424. Generally, 
  see Sec. 2, infra. To determine a Member's claim to the floor, the 
  Chair may ask for what purpose a Member rises, and grant recognition 
  only for the specific purpose indicated. 78-2, Jan. 26, 1944, p 746; 
  89-1, July 2, 1965, p 18631.

                     Duty to Rise and Remain Standing

      Members must seek recognition at the proper time in order to 
  protect their rights under the rules to make points of order or to 
  offer amendments. 91-2, Apr. 14, 1970, p 11649. A Member must be on 
  his feet and must address the Chair in order to be recognized (93-2, 
  Dec. 17, 1974, p 40509; 98-1, Oct. 26, 1983, p 29430) and may not 
  remain seated at the committee table while engaging in debate. 94-2, 
  June 28, 1976, p 21021. A Member controlling the floor in debate must 
  remain standing (although a Member who inadvertently seats himself and 
  then immediately stands again before the Chair recognizes another 
  Member may be permitted to retain control of the floor). 95-1, Oct. 
  19, 1977, p 34220. A Member who resumes his seat after being called to 
  order loses his claim to prior right of recognition. 5 Hinds 
  Sec. 5016.
      The mere placing of an amendment on the Clerk's desk does not 
  bestow recognition. 88-2, Feb. 6, 1964, p 2290. Where numerous 
  amendments that might be offered to a bill have been left with the 
  Clerk, the Chair may remind all Members seeking to offer amendments 
  not only to stand but to seek recognition at the appropriate time. 95-
  2, Aug. 3, 1978, p 24227. A Member recognized in support of an 
  amendment may yield to another for a question or a brief statement, 
  but he must remain standing in order to protect his right to the 
  floor. 88-2, Mar. 12, 1964, p 5100.

                                   Forms

      The language used to obtain the floor and in granting recognition 
  to Members follows a traditional format of long-standing:

      Member: Mr. Speaker (or Mr. Chairman). . . .

      Note: This form of address is used whether the Member is seeking 
  recognition to offer a proposition or interrupt a Member having the 
  floor. 5 Hinds Sec. 4979; 6 Cannon Secs. 193, 284. Such salutations as 
  ``Gentlemen of the House'' or ``Ladies and gentlemen'' are not in 
  order. 6 Cannon Sec. 285. Where a woman is presiding, the term ``Madam 
  Speaker'' or ``Madam Chairman'' is used. 6 Cannon Sec. 284.

[[Page 751]]

      The Speaker (or Chairman): For what purpose does the gentleman (or 
    gentlewoman) rise?

      Note: This question enables the Chair to determine whether the 
  Member proposes a matter that may be entitled to precedence or is 
  otherwise in order under the rules of the House. 6 Cannon Secs. 289-
  291. 100-2, Feb. 17, 1988, p 1584.

      Member: I propose to offer a motion to __________ (or raise other 
    stated business).
      The Speaker (or Chairman): The Chair recognizes the gentleman from 
    __________ (Member's home state).

                     Recognition to Interrupt a Member

      A Member who wishes to interrupt another who has the floor must 
  first obtain recognition from the Chair. 84-2, June 29, 1956, p 11455; 
  87-1, June 7, 1961, p 9681. However, it is entirely within the 
  discretion of the Member occupying the floor to determine when and by 
  whom he shall be interrupted. Manual Sec. 364. The interrupting Member 
  is not entitled to the floor until recognized by the Chair even though 
  he may have been yielded time by the Member in charge of the time. 71-
  3, Feb. 28, 1931, pp 6575-77.

                             Cross References

      Recognition is governed in specific instances and in specific 
  parliamentary situations by practices covered fully elsewhere in this 
  work. See, for example, Amendments; Previous Question; Refer and 
  Recommit; Reconsideration.


  Sec. 2 . Power and Discretion of Chair

      In Jefferson's time, the Speaker was required by House rule to 
  recognize the Member who was ``first up.'' 2 Hinds Sec. 1420. In case 
  of doubt there was an appeal from his recognition of a particular 
  Member. 2 Hinds Secs. 1429-1434. This practice was changed beginning 
  in 1879, when the House adopted a report asserting that ``discretion 
  must be lodged with the Presiding Officer.'' The report alluded to the 
  practice of listing those Members desiring to speak on a given 
  proposition, but indicated that the Chair should not be obligated to 
  follow the order stipulated but should be free to exercise ``a wise 
  and just discretion in the interest of full and fair debate.'' 2 Hinds 
  Sec. 1424. Today, the rules of the House give the Chair the power and 
  discretion to decide who shall be recognized (88-2, Apr. 8, 1964, p 
  7302); and his decision is no longer subject to appeal. 8 Cannon 
  Secs. 2429, 2646; 103-1, July 23, 1993, p ____; Manual Sec. 753. 
  (There has been no appeal from a decision of the Speaker on a question 
  of recognition since 1881. Manual Sec. 356.)

[[Page 752]]

      Of course, the recognition of particular Members is often governed 
  by House rules and precedents pertaining to the order of business or 
  by special rules from the Committee on Rules. See Sec. 3, infra. But 
  where matters of equal privilege are pending, the order of their 
  consideration is subject to the Speaker's discretionary power of 
  recognition. 89-2, Sept. 22, 1966, p 23691. It follows that when more 
  than one Member seeks recognition to call up privileged business it is 
  within the discretion of the Speaker as to whom he shall recognize. 
  Rule XIV clause 2. 87-2, Aug. 27, 1962, pp 17654, 17670.
      Rule XXV, which provides that questions relating to the priority 
  of business are to be decided by a majority without debate (Manual 
  Sec. 900), may not be invoked to inhibit the Speaker's power of 
  recognition. 94-1, July 31, 1975, p 26249.


  Sec. 3 . Limitations; Basis for Denial

      The Speaker's power of recognition is subject to any limitations 
  imposed by the House rules (91-2, July 29, 1970, p 26419), such as the 
  rule prohibiting the Chair from recognizing a Member to draw attention 
  to gallery occupants (Rule XIV clause 8, Manual Sec. 764). 83-2, July 
  27, 1954, p 12253. The Chair's power of recognition is also governed 
  by established practice and precedent, such as the long-standing 
  tradition that a member of the committee reporting a bill is first 
  recognized for motions to dispose of the bill. See Sec. 11, infra.


  Sec. 4 . Alternation in Recognition

                               In the House

      Traditionally but, under modern practice, not necessarily, the 
  Chair in recognizing for general debate in the House alternates 
  between those favoring and those opposed, preferring members of the 
  committee reporting the bill. 2 Hinds Secs. 1439-1443. Under the 
  standing rules of the House, the Member reporting or calling up a 
  measure is entitled to recognition for one hour, during which time he 
  may yield to others as he may choose; at the close of that hour, 
  unless the previous question is moved, the ranking Member in 
  opposition may be recognized for an hour with the same privilege of 
  yielding. Thereafter, until the previous question is invoked, other 
  Members favoring and opposing the measure are recognized, alternately, 
  preference again being given to members of the committee reporting the 
  measure. 8 Cannon Sec. 2460.
      In alternating, the Chair recognizes Members on either side of the 
  question, and not necessarily between members of the majority and 
  minority par-

[[Page 753]]

  ties of the House. 80-1, July 18, 1947, pp 9311 et seq. Absent a 
  special rule making party affiliation pertinent, the Chair alternates 
  according to differences on the pending question rather than on 
  account of political affiliations. 2 Hinds Sec. 1444. A special order 
  providing for a division of time for debate between those ``for and 
  against'' a proposition does not necessarily require a division 
  between the majority and minority parties of the House but rather 
  between those actually favoring and opposing the measure. 7 Cannon 
  Sec. 766. Under a special rule providing for equal division of time 
  for debate between those favoring and those opposing a bill, without 
  designating who should control the time, it is within the discretion 
  of the Chair to recognize a Member supporting and a Member opposing 
  the measure. 7 Cannon Sec. 785. But where the rule allots control of 
  time to ``the chairman and the ranking minority member of the 
  committee'' the term ``minority'' is construed to refer to the 
  minority party in the House and not to those in the minority on the 
  pending question. 7 Cannon Sec. 767.

                         In Committee of the Whole

      A similar alternation procedure is followed during general debate 
  in the Committee of the Whole. The usual practice is for the Chair, 
  pursuant to special rule from the Committee on Rules or by unanimous 
  consent, to alternate between those controlling time, usually the 
  Chairman and ranking minority member. cf. 7 Cannon Sec. 875.
      It is the usual practice in the Committee of the Whole, during 
  debate under the five-minute rule, to alternate between majority and 
  minority members, giving priority to members of the reporting 
  committee. 92-1, Sept. 30, 1971, p 34287; 94-2, June 11, 1976, p 
  17764. Where Members have amendments to offer during such debate, the 
  Chair alternates recognition between majority and minority members, 
  with members of the committee reporting the pending bill being 
  entitled to prior recognition over noncommittee members. 98-1, May 4, 
  1983, p 11068. The principal of alternation is applicable in theory 
  even to pro forma amendments, where Members merely move to strike the 
  last word. Where the Chair has no knowledge as to whether specific 
  Members oppose or support the pending proposition, the Chair cannot 
  strictly alternate between both sides of the question. 98-2, June 7, 
  1984, p 15423. Where an amendment is offered, a strict reading of the 
  ``five-minute rule'' [Rule XXIII clause 5(a)], requires the five 
  minutes allotted the proponent to be followed by recognition of a 
  Member in opposition to the amendment.

[[Page 754]]

                    B. Right to Recognition; Priorities


  Sec. 5 . In General

      As a general proposition it may be stated that the Speaker or 
  Chairman has the discretion to determine the order or sequence in 
  which Members will be recognized in debate. 90-1, July 19, 1967, p 
  19416. Indeed, the rules specifically authorize the Speaker to ``name 
  the Member who is first to speak'' when two or more Members rise at 
  once. Rule XIV clause 2. Manual Sec. 753. It should be emphasized 
  however that the Chair's determination of priorities is governed by 
  many factors--such as whether the pending proposition has been 
  reported by a committee or has been called up directly by a Member or 
  whether the motion or measure is given priority or is privileged under 
  the rules. Priorities in debate may also vary depending on whether the 
  matter is being considered in general debate or under the five-minute 
  rule. Whether the pending matter is an amendment or a motion must also 
  be taken into account. In recognizing Members to move to recommit, for 
  example, the Speaker gives preference to minority members of the 
  committee reporting the bill who are opposed to the bill. 86-1, June 
  19, 1959, p 11372. Generally, see Refer and Recommit.


  Sec. 6 . Priorities of Committee Members

               Priority of Committee Members Over Nonmembers

      Absent a special rule providing to the contrary, the members of 
  the committee reporting a bill are entitled to prior recognition over 
  nonmembers for debate on the bill. 2 Hinds Secs. 1438, 1448; 6 Cannon 
  Secs. 306, 307; 77-1, Feb. 10, 1941, p 875; Manual Sec. 756. Members 
  of the committee reporting a bill also have priority of recognition to 
  make points of order against proposed amendments to the bill. 81-1, 
  Mar. 30, 1949, p 3520. Priority of recognition under the five-minute 
  rule, see Sec. 14, infra.
      The practice of according priority to committee members is an 
  ancient one, having been adapted from that of the English Parliament. 
  It is reasoned that the members of the reporting committee--having 
  worked for months if not years on the legislation--are naturally more 
  familiar with its strengths and weaknesses. 77-1, Mar. 6, 1941, pp 
  1921, 1922. They are entitled to prior recognition even over the 
  Member who introduced the bill and who is its author. 75-1, July 8, 
  1937, p 6946. If on the other hand the proposition has been brought 
  directly before the House independently of a committee, the proponent 
  is entitled to prior recognition for motions and debate. Sec. 10, 
  infra.

[[Page 755]]

                  Priorities as Between Committee Members

      Recognition is extended to committee members on the basis of their 
  committee seniority (75-1, Apr. 14, 1937, p 3456), with the chair 
  alternating between members of the majority and the minority (Sec. 4, 
  supra). Where opposition is relevant to recognition, if no committee 
  member rises in opposition to the measure, then any Member may be 
  recognized in opposition. 2 Hinds Sec. 1445; 7 Cannon Sec. 958.

                     Recognition of Committee Chairmen

      The chairman of the reporting committee usually has charge of the 
  bill and is entitled at all stages to prior recognition for allowable 
  motions intended to expedite it. Sec. 11, infra. If the chairman is 
  opposed to the bill, however, he ordinarily yields prior recognition 
  to a member of his committee who has favored the bill. 2 Hinds 
  Sec. 1449.

                   Effect of Failure to Seek Recognition

      Although members of the committee reporting a bill under 
  consideration usually have preference of recognition, a member may 
  lose such preference if he does not seek recognition in a timely 
  manner. 90-1, Aug. 8, 1967, p 21842. The Chair may recognize another 
  on the basis that the committee member, though standing, is not 
  actively seeking recognition. 95-2, Aug. 4, 1978, p 24439.


  Sec. 7 . Right of Member in Control

      Where a Member has been placed in charge of a bill by the 
  reporting committee, or has been so designated by a special rule from 
  the Committee on Rules, the Member named as manager is recognized to 
  call up the measure. 75-1, Feb. 24, 1937, p 1562; 76-3, June 6, 1940, 
  p 7706. Preference in recognition is accorded by the Chair to the 
  manager over other Members. 79-1, Sept. 11, 1945, p 8510. This 
  priority in recognition of the Member in charge over other Members 
  prevails in both the House (79-1, Sept. 11, 1945, p 8510) and in the 
  Committee of the Whole (75-1, July 8, 1937, p 6946).
      The Member in charge of the bill is also entitled at all stages to 
  prior recognition for allowable motions intended to expedite the bill 
  (2 Hinds Sec. 1457; 6 Cannon Sec. 300), from the time of its first 
  consideration (2 Hinds Sec. 1451) to the time of consideration of 
  Senate amendments (2 Hinds Sec. 1452) and conference reports (6 Cannon 
  Sec. 301). The Member who has been recognized to call up a measure in 
  the House has priority of recognition to move the previous question 
  thereon even over the chairman of the committee reporting that 
  measure. 99-2, Oct. 1, 1986, pp 27466-68.

[[Page 756]]

      The fact that a Member has the floor on one matter does not 
  necessarily entitle him to prior recognition on a motion relating to 
  another matter. 2 Hinds Sec. 1464. Before the Member in charge has 
  begun his remarks, a Member proposing a preferential motion is 
  entitled prior recognition. 5 Hinds Secs. 5391-5395. However, once 
  debate has begun, a Member may not by offering a debatable motion of 
  higher privilege than the pending motion deprive the Member in charge 
  of the floor. 2 Hinds Secs. 1460-1463; 6 Cannon Secs. 297, 298; 8 
  Cannon Secs. 2454, 3183, 3193, 3197, 3259.


  Sec. 8 . Right to Open and Close General Debate

                                 Generally

      The House rules provide that the Member reporting a measure from a 
  committee is entitled to open and close general debate on that 
  measure. Rule XIV clause 3. Manual Sec. 759. And although a House rule 
  precludes a Member from speaking twice on the same question, that rule 
  makes an exception for the ``mover, proposer, or introducer'' of the 
  pending matter; that Member is permitted to speak in reply after other 
  Members choosing to speak have spoken. Rule XIV clause 6. Manual 
  Sec. 762. Where a special order or a unanimous-consent request places 
  the control of debate in a ``manager,'' or divides the time between 
  the Chairman and ranking minority member of the committee reporting 
  the measure, those controlling the time may yield to other Members as 
  often as they desire, and are not restricted by this rule. The 
  minority member controlling one-half of the time must consume it or 
  yield it back prior to the closing of debate. 94-2, Mar. 2, 1976, p 
  4979; 99-2, May 13, 1986, p 10503.
      The manager of a bill for purposes of closing general debate may 
  be the chairman of the reporting committee or a designated majority 
  member of that committee. 99-1, Mar. 26, 1985, p 6283.
      The right of the manager to open and close general debate under 
  Rule XIV clause 3 is recognized in both the House and the Committee of 
  the Whole. 99-1, Mar. 26, 1985, p 6283. In the House, the right to 
  close is lost if the previous question is ordered. 5 Hinds Sec. 4997.

                           Rights of Proponents

      The manager of a bill in control of the time, and not its 
  proponent, is ordinarily entitled to close general debate. 99-1, Mar. 
  26, 1985, p 6283. But where existing law provides that general debate 
  in the Committee of the Whole on a joint resolution shall be equally 
  divided and controlled by proponents and opponents, a proponent has 
  the right to open and close general debate. 99-1, Apr. 23, 1985, p 
  8964. Where a joint resolution having no

[[Page 757]]

  ``sponsor'' and which had not been referred to a committee was made in 
  order by a special rule, its proponent was recognized to open and 
  close general debate, there being no ``manager'' of the pending 
  resolution. 99-2, Apr. 16, 1986, pp 7611, 7629.


  Sec. 9 . -- To Close Debate on Amendments

                      Recognition of Manager of Bill

      In the Committee of the Whole, the Member managing the bill is 
  entitled to prior recognition to move to close debate on a pending 
  amendment over other Members who desire to debate the amendment or to 
  offer amendments thereto. 91-2, Nov. 25, 1970, p 38990. The manager is 
  recognized for that purpose whether debate is proceeding under the 
  five-minute rule or where debate has been limited and divided between 
  the proponent of the amendment and a Member opposed thereto, and the 
  manager is the opponent representing the committee position. 98-2, 
  Apr. 4, 1984, p 7841.
      Ordinarily the manager of a bill, including the minority manager 
  or other representative of the reporting committee's position, and not 
  the proponent of an amendment has the right to close debate on an 
  amendment on which debate has been limited and allocated under the 
  five-minute rule in the Committee of the Whole. Manual Sec. 762. This 
  principle prevails even where the manager of the bill is the proponent 
  of a pending amendment to the amendment. 98-1, Mar. 16, 1983, p 5792. 
  Where the pending text includes a provision recommended by a committee 
  of sequential referral, a member of that committee is entitled to 
  close debate against an amendment thereto. Manual Sec. 762. Where 
  debate time has been allocated among several members of the reporting 
  committee, the senior majority member may be recognized to close 
  debate on amendments opposed by the committee. 99-2, Aug. 11, 1986, p 
  20709.
      To avoid the sometimes difficult task of identifying committee 
  positions on pending amendments, the Chair devised the following 
  principle: By recommending an amendment in the nature of a substitute, 
  a reporting committee implicitly opposes a further amendment that 
  could have been included therein, so that a committee representative 
  who controls time in opposition may close debate thereon. Manual 
  Sec. 762.

                          Effect of Special Rule

      Where a special rule limits debate on designated amendments and 
  allocates time between the proponent and an opponent, the manager of 
  the bill will be recognized to control debate in opposition to the 
  amendment if he qualifies as opposed. 97-2, Dec. 1, 1982, p 28235. In 
  such instances, the

[[Page 758]]

  manager of the bill recognized to control the time on behalf of the 
  committee in opposition to the amendment has the right to close the 
  debate on the amendment. 97-1, June 18, 1981, p 12977; 98-2, June 29, 
  1984, pp 20250, 20253. Where debate time has been allocated among 
  several Members from the reporting committee, the senior majority 
  manager may be recognized to close debate on amendments opposed by the 
  committee. 99-2, Aug. 11, 1986, p 20709.
      Where the manager of the bill is also the proponent of an 
  amendment thereto, his right to close limited debate may not exist 
  where the amendment was made in order as a nongermane amendment by a 
  special rule, in which case an opponent representing the reporting 
  committee's position may close. 104-2, May 22, 1996, p ____.

                   Recognition of Proponent of Amendment

      While the manager of a bill, and not the proponent of an amendment 
  thereto, normally has the right to close debate on the amendment, the 
  proponent of an amendment has the right to close debate thereon where:

     The amendment represents the reporting committee position, and 
         is not opposed by the manager of the bill. 99-2, Aug. 14, 1986, 
         p 21718.
     The Member controlling time in opposition does not represent 
         the position of a reporting committee. 102-2, June 4, 1992, p 
         ____.
     The committee manager does not oppose the amendment and where 
         the committee has taken no position on the amendment. 99-2, 
         Aug. 15, 1986, pp 22056, 22057.
     An unreported bill is being considered pursuant to a special 
         order dividing the time for debate on an amendment between a 
         proponent and an opponent, there being no committee manager. 
         99-1, Apr. 24, 1985, pp 9206, 9228 et seq. See also Manual 
         Sec. 762.
     Where no representative from the reporting committee opposes 
         an amendment to a multi-jurisdictional bill. Manual Sec. 762.


                  C. Recognition on Particular Questions


  Sec. 10 . In General; As to Bills

      Under a practice of long-standing, when a bill is called up in the 
  House control of debate is given by special rule from the Committee on 
  Rules to the chairman and ranking minority member of the reporting 
  committee(s), and recognition is extended accordingly. 89-2, Sept. 25, 
  1966, p 23762. In the absence of the chairman and ranking minority 
  member designated by the rule, the Chair recognizes the next ranking 
  majority and minority members for control of such debate. 77-2, July 
  23, 1942, pp 6542-46. If on the other

[[Page 759]]

  hand the proposition has been brought directly before the House 
  independently of a committee, the proponent is entitled to prior 
  recognition for motions and debate. 2 Hinds Secs. 1446, 1454; 8 Cannon 
  Sec. 2454.
      Recognition to offer amendments, see Amendments. Recognition for 
  parliamentary inquiries and points of order, see Points of Order; 
  Parliamentary Inquiries.

                             Discharged Bills

      If a bill has not been reported from committee but is before the 
  House pursuant to a motion to discharge, the proponents of that motion 
  are entitled to prior recognition for the purpose of managing the 
  bill. 72-1, June 14, 1932, p 12911; 91-2, Aug. 10, 1970, p 28004. 
  Recognition of Members for debate on the motion, see Rule XXVII clause 
  4 (Manual Sec. 908). See also Discharging Measures from Committees. In 
  recognizing a Member to control time for debate in opposition to a 
  discharged bill, the Chair recognizes the chairman of the committee 
  having jurisdiction of the subject matter if he is opposed. 81-2, Aug. 
  14, 1950, p 12543.

                   Bills Called Up by Unanimous Consent

      Where a bill is called up in the House by a Member pursuant to a 
  unanimous-consent agreement, the Member calling up the bill is 
  recognized for one hour, and amendments may not be offered by other 
  Members unless he yields for that purpose or unless the previous 
  question is rejected. 87-2, Oct. 5, 1962, pp 22606-09.


  Sec. 11 . For Motions

      As noted earlier, the Member in charge of a bill is entitled at 
  all stages to prior recognition for allowable motions intended to 
  expedite the bill. Sec. 7, supra. The proponent of a motion is also 
  subject to a determination by the Chair that recognition is to be 
  extended to another Member with a motion of higher privilege. Thus, 
  where one Member moves a call of the House, and another Member 
  immediately moves to adjourn, the Chair will recognize the latter, the 
  motion to adjourn being of higher privilege. See, for example, 88-1, 
  June 12, 1963, p 10739. The Member with the preferential motion must 
  offer it before the other Member has begun debate, if the motion is 
  debatable, since a Member may not, by attempting to offer a 
  preferential motion, deprive another Member--who has begun his 
  remarks--of the floor. 8 Cannon Sec. 3197.
      A Member may lose his right to the floor if he neglects to claim 
  it before another Member with a motion has been recognized. 2 Hinds 
  Sec. 1435. A Member desiring to offer a motion must actively seek 
  recognition from

[[Page 760]]

  the Chair before another motion to dispose of the pending question has 
  been adopted, and the fact that he may have been standing at that time 
  is not sufficient to confer recognition. 97-1, Nov. 22, 1981, p 28751. 
  However, the mere making of a motion does not confer recognition, and 
  where another Member has shown due diligence he may be recognized even 
  though a motion has been made. 78-1, Apr. 16, 1943, p 3502.
      For treatment of recognition to offer particular kinds of motions, 
  see Previous Question, Suspension of Rules, and other articles dealing 
  with specific motions.


  Sec. 12 . Of Opposition After Rejection of Motion

                                 Generally

      Where an essential motion made by the Member in charge of a 
  measure is defeated, the right to prior recognition passes to a Member 
  opposed as determined by the Speaker. 2 Hinds Secs. 1465-1468. 93-2, 
  Oct. 7, 1974, pp 34151, 34157-59; Manual Sec. 755. Thus, where the 
  previous question is rejected on a pending resolution, the Chair 
  recognizes a Member opposed to the resolution who may then offer an 
  amendment. 6 Cannon Sec. 308; 91-2, June 16, 1970, pp 19837-44. And 
  the recognition of that Member is not precluded by the fact that he 
  has been previously recognized and had offered an amendment which was 
  ruled out on a point of order. 91-1, Jan. 3, 1969, pp 27-29.
      The rule that the defeat of an essential motion offered by the 
  Member in charge causes recognition to pass to the opposition is 
  applicable when:

     House disagrees to a motion to lay an adversely reported 
         resolution of inquiry on the table. 82-2, Feb. 20, 1952, pp 
         1205-07.
     House disagrees to the previous question on a resolution 
         reported from the Committee on Rules. 89-2, Oct. 19, 1966, p 
         27225.
     House disagrees to the previous question on a resolution 
         relating to the seating of a Member-elect. 90-1, Jan. 10, 1967, 
         p 14.
     House disagrees to the previous question on a resolution to 
         discipline a Member of the House. 6 Cannon Sec. 236.
     House disagrees to the previous question on a resolution 
         providing for adoption of rules. 6 Cannon Sec. 308.
     House rejects a motion to concur in a Senate amendment with an 
         amendment. 88-1, May 14, 1963, pp 8508-11. (Recognition passes 
         to opposition for disposition of that Senate amendment only.)
     Committee of Whole reports a bill adversely. 4 Hinds 
         Sec. 4897; 8 Cannon Sec. 2430.
     Committee of the Whole reports a bill with the recommendation 
         that the enacting clause be stricken out. 8 Cannon Sec. 2629.


[[Page 761]]



      The rule that recognition passes to Member of the opposition is 
  applicable upon defeat of an essential motion by the Member in charge 
  of the bill. A motion to postpone consideration to a day certain is 
  not an essential motion whose defeat requires recognition to pass to a 
  Member opposed. 72-1, June 2, 1930, p 3548. And the mere defeat of an 
  amendment proposed by the Member in charge does not cause the right to 
  prior recognition to pass to the opponents. 2 Hinds Sec. 1478. 
  Moreover, the recognition for a motion by a Member in opposition may 
  be preempted by a motion of higher precedence. 97-2, Aug. 13, 1982, pp 
  20969, 20975-78; Manual Sec. 755.

                 Effect of Rejection of Conference Report

      The right to prior recognition ordinarily passes to a Member of 
  the opposition when the House refuses to order the previous question 
  on a conference report and then rejects the report, since control 
  passes to the opposition upon rejection of the motion for the previous 
  question. 2 Hinds Secs. 1473-1475; 5 Hinds Sec. 6396. But the 
  invalidation of a conference report on a point of order, while 
  equivalent to its rejection by the House, does not give the Member 
  raising the question of order the right to the floor (8 Cannon 
  Sec. 3284) and exerts no effect on the right to recognition (6 Cannon 
  Sec. 313). 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. 2 
  Hinds Sec. 1477; 94-1, May 1, 1975, p 12761.


  Sec. 13 . As to Special Rules

                         Calling Up Special Rules

      Recognition to call up special rules--that is, order-of-business 
  resolutions from the Committee on Rules--may be sought pursuant to the 
  provisions of Rule XI clause 4(c). Manual Sec. 730. Ordinarily, only a 
  member of the Committee on Rules designated to call up a special rule 
  from the committee may be recognized for that purpose. 76-3, June 6, 
  1940, p 7706. But where a special rule has been reported by the 
  committee and has not been called up within the seven legislative days 
  specified by clause 4(c), recognition to call it up may be extended to 
  any member of that committee (96-1, Oct. 24, 1979, p 29395), including 
  a minority member (96-1, Nov. 13, 1979, p 32185; 96-2, Sept. 25, 1980, 
  pp 27417-24). The Member calling up the resolution must have announced 
  his intention one calendar day before seeking recognition. See Manual 
  Sec. 730. And since the motion to call up such a resolution is 
  privileged, the Speaker would be obliged to recognize

[[Page 762]]

  for this purpose unless another matter of privilege was also proposed, 
  in which case the order of consideration would be determined pursuant 
  to the Speaker's discretionary power to grant recognition. 89-2, Sept. 
  22, 1966, p 23691.

                          Recognition for Debate

      A Member recognized to call up a special rule or resolution by 
  direction of the Committee on Rules controls one hour of debate 
  thereon and may offer one or more amendments thereto. 95-1, July 29, 
  1977, p 25653. He need not have the specific authorization of the 
  committee to offer an amendment. 101-2, Sept. 25, 1990, p ____. He is 
  recognized for a full hour notwithstanding the fact that he has 
  previously called up the resolution and temporarily withdrawn it after 
  debate. 88-2, Apr. 8, 1964, pp 7303-08. Other Members may be 
  recognized only if yielded time. 90-2, Oct. 8, 1968, pp 30217, 30222-
  24. The resolution is not subject to amendment from the floor by 
  another Member unless the Member in charge yields for that purpose or 
  unless the House rejects the previous question. 94-2, Feb. 26, 1976, 
  pp 4625, 4626.
      Where the resolution is called up with reported technical 
  amendments, the amendments are sometimes reported and acted on before 
  the Member reporting the resolution is recognized for debate thereon. 
  88-2, Aug. 19, 1964, pp 20213, 20221. But ordinarily the manager's 
  amendments are voted on after debate and after the previous question 
  is ordered on the amendments and on the resolution. 101-2, Sept. 25, 
  1990, p ____.
      In the event that the previous question is rejected on the 
  resolution, it is subject to amendment, further debate, or a motion to 
  table or refer, and the Member who led the opposition to the previous 
  question has the prior right to recognition (89-2, Oct. 19, 1966, pp 
  27713, 27725-29; 96-2, May 29, 1980, pp 12667-78), subject to being 
  preempted by a preferential motion offered by another Member (97-2, 
  Aug. 13, 1982, pp 20969, 20975-78).


  Sec. 14 . Under the Five-minute Rule

                     Generally; Effect of Special Rule

      Recognition of Members to offer amendments in the Committee of the 
  Whole under the five-minute rule is within the Chair's discretion and 
  cannot be challenged on a point of order. 94-2, June 11, 1976, p 
  17764. The Chair does not anticipate the order in which amendments may 
  be offered nor does he declare in advance the order in which he will 
  recognize Members proposing amendments. 89-2, Sept. 8, 1966, p 22020. 
  Of course, if a special rule reported from the Committee on Rules 
  specifies those Members who are to

[[Page 763]]

  control debate, the Chair will extend recognition accordingly. But 
  where the special rule merely makes in order the consideration of a 
  particular amendment, it does not confer a privileged status on the 
  amendment and does not, absent legislative history establishing a 
  contrary intent by that committee, alter the principle that 
  recognition to offer an amendment under the five-minute rule is within 
  the discretion of the Chairman of the Committee of the Whole. 95-2, 
  May 23, 1978, p 15095. As to the effect of special rules on the 
  control and distribution of debate time, see Consideration and Debate.

          Priority of Committee Members over Noncommittee Members

      In extending recognition for debate under the five-minute rule the 
  Chair follows certain guidelines as a matter of long-standing custom. 
  Among them is that recognition to debate an amendment under the five-
  minute rule is first accorded to members of the committee reporting 
  the bill over Members of the House who are not on that committee. 92-
  1, Sept. 30, 1971, p 34287; 94-2, June 11, 1976, p 17764. Committee 
  amendments to a section are considered before the Chair entertains 
  amendments from the floor. 88-1, June 24, 1963, p 11396. Thus, the 
  Chair will normally recognize a member of a committee reporting a bill 
  to offer a substitute for an amendment before recognizing a 
  noncommittee member, although that committee member may already have 
  been separately recognized to debate the original amendment. 96-1, 
  Oct. 18, 1979, p 28770. Members of the committee reporting a pending 
  bill are entitled to prior recognition over noncommittee members 
  without regard to their party affiliation. Thus the Chair may accord 
  prior recognition to minority members of the reporting committee to 
  offer amendments over majority noncommittee members. 93-2, July 22, 
  1974, pp 24454, 24457.

                  Priorities as Between Committee Members

      In bestowing recognition under the five-minute rule, the Chair 
  gives preference to the chairman of the committee reporting the bill 
  under consideration. 90-1, Nov. 15, 1967, p 32655. Thereafter, the 
  Chair endeavors to alternate between majority party and minority party 
  members of the reporting committee. 92-1, Sept. 30, 1971, p 34287; 94-
  2, June 11, 1976, p 17764. Priority of recognition to offer amendments 
  is extended to members of the full committee reporting the bill, 
  alternating between the majority and minority, and the Chair does not 
  accord prior recognition to members of the subcommittee which 
  considered the bill over other members of the full committee. 96-2, 
  July 2, 1980, p 18292. But in five-minute debate on appropriation 
  bills the Chair may under some circumstances recognize members of

[[Page 764]]

  the subcommittee handling the bill first, and then recognize members 
  of the full Appropriations Committee. 91-1, July 30, 1969, p 21420.
      In recognizing Members to offer amendments under the five-minute 
  rule, the Chair normally recognizes members of the committee handling 
  the bill in the order of their seniority on the committee. 81-1, July 
  21, 1949, p 9936; 91-2, July 23, 1970, p 25635; 95-2, May 17, 1978, p 
  14145. But recognition under the five-minute rule remains within the 
  discretion of the Chair, and on rare occasions he has recognized a 
  junior member of the committee reporting the bill. 91-1, Oct. 2, 1969, 
  p 28101.


  Sec. 15 . -- Under Limited Five-minute Debate

      The House, by unanimous consent, may agree to limit or extend 
  debate under the five-minute rule in the Committee of the Whole, 
  whether or not that debate has commenced. In the Committee of the 
  Whole, debate under the five-minute rule may be limited by the 
  Committee by unanimous consent or, after preliminary debate, by 
  motion. See Consideration and Debate. When such a limitation has been 
  agreed to, the general rules of recognition applied under the five-
  minute rule are considered abrogated. 91-1, Sept. 16, 1969, p 25633. 
  Decisions regarding recognition during the remaining debate time, a 
  division not having been ordered as part of the limitation, are 
  largely within the discretion of the Chair. 91-2, May 6, 1970, p 
  14467; 94-1, June 19, 1975, pp 19785-87; 95-1, June 14, 1977, p 18833. 
  He may, in his discretion, either (1) permit continued debate under 
  the five-minute rule, (2) allocate the remaining time among those 
  desiring to speak, or (3) divide the time between a proponent and an 
  opponent to be yielded by them. 97-2, May 25, 1982, p 11672. The order 
  in which the Chair recognizes Members desiring to speak is also 
  subject to his discretion; and he may take into account such factors 
  as their committee status, whether they have amendments at the desk, 
  and their seniority. 89-2, Oct. 14, 1966, p 26976. In exercising these 
  discretionary powers the Chair may:

     Announce that he will attempt to divide the time equally among 
         those Members standing at the time the limitation is imposed 
         and then, if time remains, recognize other Members seeking 
         recognition. 89-2, Aug. 1, 1966, p 17759; 90-1, May 24, 1967, p 
         13824.
     Divide the time equally among all those Members who were on 
         their feet seeking recognition (89-1, Mar. 26, 1965, p 6113), 
         whether or not they have previously spoken to the question (90-
         1, May 24, 1967, p 13824).
     Recognize Members wishing to offer amendments and those 
         opposed to the amendments. 91-2, May 6, 1970, p 14465.
     Divide the time between the majority and minority managers of 
         the bill. 94-2, Apr. 1, 1976, p 9088.

[[Page 765]]

     Allocate time on an amendment between the proponent and an 
         opponent thereof, to be yielded by them. 97-2, Aug. 5, 1982, p 
         19758.
     Recognize first those Members wishing to offer amendments 
         after having equally divided the time among all Members 
         desiring to speak. 97-1, Nov. 18, 1981, p 28074.
     Recognize during remaining free time those Members who have a 
         desire to speak, and then Members who have not spoken to the 
         amendment or Members who were recognized for less than five 
         minutes under the limitation of time. 86-2, Mar. 17, 1960, pp 
         5911, 5914.
     Allot the remaining time in three equal parts--to the offeror 
         of an amendment, to the offeror of an amendment to the 
         amendment, and to the floor manager of the bill. 98-1, Apr. 13, 
         1983, pp 8425, 8426.
     Reallocate remaining free time among other Members who have 
         not spoken or proceed again under the five-minute rule. 95-1, 
         Aug. 4, 1977, p 27021.

                    Length of Time Remaining as Factor

      When the period of time fixed for debate under a limitation is 
  relatively short, the Chair in his discretion may take note of all 
  those Members seeking recognition and apportion the remaining time 
  among them, though each may have less than five minutes to speak, or 
  he may divide the time between a proponent and an opponent. But where 
  the time remaining for debate is fixed at a longer period, such as an 
  hour and a half, the Chair may decline to apportion the time (81-2, 
  Feb. 22, 1950, p 2240), and elect to continue to recognize Members 
  under the five-minute rule. Thus where the limitation agreed to is 
  several hours in advance of the expiration of time, the Chair may in 
  his discretion continue to recognize Members under the five-minute 
  rule, rather than allocate the remaining time among all Members 
  desiring to speak or between two Members, subject to any subsequent 
  limitations on time ordered on separate amendments when offered. 97-2, 
  July 29, 1982, p 18569. (See 98-1, July 26, 1983, pp 20943, 20944, 
  where the remaining time was too lengthy to allocate among all Members 
  then present or to divide between two Members.) In such cases, the 
  Chair may in his discretion continue to proceed under the five-minute 
  rule until he desires to allocate the remaining time on possible 
  amendments, and may then divide that time between proponents and 
  committee opponents of amendments before they are offered. 97-1, July 
  16, 1981, p 16044. Or he may subsequently choose to divide any 
  remaining debate time among those Members standing and reserve some 
  time for the committee to conclude debate. 98-1, Nov. 2, 1983, p 
  30512.

[[Page 766]]

  Sec. 16 . As to House-Senate Conferences

                     Recognition to Seek a Conference

      A motion to send a measure to conference is authorized by Rule XX 
  clause 1. See Conferences Between the Houses. The motion is in order 
  if the appropriate committee has authorized the motion and the Speaker 
  in his discretion recognizes for that purpose. 94-1, Mar. 20, 1975, p 
  7646. The provisions of that rule--that the Speaker has discretionary 
  authority to recognize for motions to send a bill to conference and 
  that each such motion must be authorized by the committee having 
  jurisdiction over the bill--prevent the use of that motion as a 
  dilatory tactic. 92-2, Oct. 3, 1972, pp 33502, 33509. The motion is in 
  order pursuant to clause 1 of Rule XX only if the Speaker in his 
  discretion recognizes for that purpose. The Speaker will not recognize 
  for the motion where he has referred the Senate amendment in question 
  to the House committee or committees with jurisdiction and they have 
  not yet had the opportunity to consider the amendment. 98-2, June 28, 
  1984, pp 19770, 19983.
      Recognition for debate and control of debate time on the motion, 
  see Conferences Between the Houses.

                       Motions to Instruct Conferees

      Recognition to offer a motion to instruct House conferees on a 
  measure initially being sent to conference is the prerogative of the 
  minority. The Speaker recognizes the ranking minority member of the 
  committee reporting the bill when and if that member seeks recognition 
  to offer the motion after the request or motion to go to conference is 
  agreed to and prior to the Speaker's appointment of conferees. 92-1, 
  Oct. 19, 1971, pp 36832-35; 93-2, Dec. 16, 1974, pp 40174, 40175. 
  Where two minority members of the committee which has reported a bill 
  seek recognition to offer a motion to instruct conferees prior to 
  their appointment by the Speaker, the Chair will recognize the senior 
  minority member of that committee. 99-2, Oct. 10, 1986, p 30181.
      Debate on a motion to instruct conferees is equally divided 
  between a majority and a minority member unless both are in favor of 
  the motion, in which case a Member opposed may claim one-third of the 
  time. Rule XXVIII clause 1(b). Manual Sec. 909a. If the previous 
  question is voted down on a motion to instruct the managers on the 
  part of the House, the motion is open to amendment and the Speaker may 
  recognize a Member opposed to ordering the previous question to 
  control the time and offer an amendment. 90-2, May 29, 1968, pp 15499, 
  15511. Division of debate time speci-

[[Page 767]]

  fied in clause 1(b) does not apply to an amendment offered to the 
  motion after defeat of the previous question thereon. Manual 
  Sec. 909a.

                       Calling Up Conference Reports

      A conference report may be called up for consideration in the 
  House by the senior majority manager on the part of the House at the 
  conference, and he may be recognized to do so even though he did not 
  sign the report and was in fact opposed to it. 90-1, Dec. 6, 1967, pp 
  35144-51, 35163. If the senior House conferee is unable to be present 
  on the floor to call up the report, the Speaker may recognize a junior 
  majority member of the conference committee. 91-1, Dec. 23, 1969, pp 
  40982-84. The Speaker may also extend recognition to call up the 
  report to the chairman (6 Cannon Sec. 301) or ranking majority member 
  of the committee with jurisdiction. 90-1, July 17, 1967, p 19032. In 
  one instance, on a conference report considered by House conferees 
  appointed from two House committees on separate portions of a Senate 
  amendment, the conference report was called up by the chairman of one 
  of those committees even though it had not been the primary committee 
  in the House. 97-2, Dec. 21, 1982, pp 33299, 33300.
      Recognition to dispose of amendments between the Houses or for 
  debate thereon, see Senate Bills; Amendments Between the Houses.



[[Page 769]]

 
                              RECONSIDERATION

  Sec.  1. Generally; Use of Motion
  Sec.  2. Pro Forma Motions
  Sec.  3. Effect of Motion
  Sec.  4. Who May Offer Motion
  Sec.  5. When Motion is in Order
  Sec.  6. Use in Standing Committees
  Sec.  7. Forms
  Sec.  8. When to Call Up Motion
  Sec.  9. Precedence and Privilege of Motion
  Sec. 10. Quorum Requirements
  Sec. 11. Debate and Voting; Withdrawal
  Sec. 12. Application to Particular Propositions
  Sec. 13. -- Other Motions and Requests
  Sec. 14. -- Bills and Resolutions; Amendments
  Sec. 15. -- Amendments Between the Houses; Conference Reports
  Sec. 16. -- Measures Sent to the Senate or the President
        Research References
          5 Hinds Secs. 5605-5705
          8 Cannon Secs. 2774-2795
          7 Deschler Ch 23 Secs. 33-41
          Manual Secs. 812-820


  Sec. 1 . Generally; Use of Motion

                                In General

      By long tradition, the vote of the House on a proposition is not 
  final and conclusive until there has been an opportunity to reconsider 
  it. A proposition is not regarded as passed until a motion to 
  reconsider it is disposed of or precluded. The motion to reconsider is 
  thus the procedural device which permits the House, under Rule XVIII, 
  to review its action on a given proposal. Its purpose is to allow the 
  House to reflect on the wisdom of its action on the proposition. 
  Deschler Ch 23 Sec. 33.

                           Historical Background

      Although not mentioned in the first rules of the House, adopted in 
  1789, the motion to reconsider was at that time well known in 
  parliamentary

[[Page 770]]

  practice. 5 Hinds Sec. 5605. The motion was used in the Continental 
  Congress and in the House from its first organization. It was made the 
  subject of a rule of the House in 1802. Manual Sec. 812. In 1811, the 
  rule of 1802 was modified by limiting the time during which the motion 
  might be made to ``the same or succeeding day'' as the vote to be 
  reconsidered. 12-1, Dec. 23, 1811, H. Rept. No. 38. The rule was 
  further revised in 1880, but has existed in the rules since then with 
  only minor changes. 5 Hinds Sec. 5605. It is today found in Rule XVIII 
  clause 1. Manual Sec. 812.

                       Use in Committee of the Whole

      The motion to reconsider is in order in the House and in the House 
  as in Committee of the Whole (8 Cannon Sec. 2793; Deschler Ch 23 
  Sec. 33), but not in the Committee of the Whole (4 Hinds Secs. 4716-
  4718; 8 Cannon Secs. 2324, 2325; Deschler Ch 23 Sec. 39.10; 97-1, Oct. 
  5, 1981, p 23154). Indeed, a request to reconsider a vote is not in 
  order in the Committee even by unanimous consent. Deschler Ch 23 
  Sec. 39.12. However, on one occasion, in lieu of a motion to 
  reconsider, the Chairman allowed a unanimous-consent request to vacate 
  the proceedings whereby an amendment had been adopted. Deschler Ch 23 
  Sec. 39.13.

                   Entering and Calling Up Distinguished

      A distinction should be made at the outset between entering the 
  motion and making or calling up the motion. Entering the motion and 
  consideration of the motion are separate propositions. 8 Cannon 
  Sec. 2785. One Member may enter the motion and another Member may call 
  up the motion. Sec. 4, infra. The motion must be made or entered 
  within the two-day period allowed by the rule, but, once entered, 
  remains pending indefinitely. Secs. 5, 8, infra.


  Sec. 2 . Pro Forma Motions Distinguished

      The motion to reconsider is sometimes used in a strictly pro forma 
  manner. When so used, the motion is followed by a motion or unanimous-
  consent request to table the motion to reconsider. Deschler Ch 23 
  Sec. 33. The effect of this procedural device is to preclude 
  subsequent motions to reconsider (Deschler Ch 23 Sec. 34.5), and is 
  the accepted parliamentary mode of making the vote in question final 
  (Deschler Ch 23 Sec. 34). Thereafter, the proposition may be taken up 
  again only by unanimous consent or suspension of the rules. 5 Hinds 
  Sec. 5640. See also Deschler Ch 23 Sec. 38.5.
      Under this pro forma procedure, which has been in common usage in 
  the House since 1846 (5 Hinds Sec. 5637), one Member may move to 
  reconsider and another Member may immediately move to table that 
  motion. Deschler Ch 23 Sec. 34. In practice, the motion to table 
  immediately follows

[[Page 771]]

  the motion to reconsider or is made simultaneously therewith. 8 Cannon 
  Sec. 2784. The Speaker himself often performs this perfunctory role, 
  as when he declares, after the announcement of a vote, ``without 
  objection, a motion to reconsider is laid on the table.'' Deschler Ch 
  23 Sec. 34.
      The pro forma use of the motion is generally proposed by Members 
  who agree with the decision reflected in the vote that is the subject 
  of the motion. A Member who is opposed to the vote must object to the 
  pro forma motion in a timely manner and is well advised to notify the 
  Speaker in advance of his intention to seek genuine reconsideration. 
  Deschler Ch 23 Sec. 34.
      The pro forma use of the motion is permitted while the previous 
  question is operating. 8 Cannon Sec. 2784.


  Sec. 3 . Effect of Motion

                        Effect When Motion is Made

      After the House has voted on a proposition and a motion to 
  reconsider it is made, the effect is to suspend the proposition. 5 
  Hinds Sec. 5704; Deschler Ch 23 Sec. 33; Manual Sec. 816. The motion 
  is thereafter considered as pending, and if not acted on, will remain 
  pending, even to succeeding sessions of the same Congress. 5 Hinds 
  Sec. 5684. But when a Congress expires without the House having acted 
  on the motion, the motion fails, and the original proposition stands 
  or falls according to the original vote. 5 Hinds Sec. 5604 (footnote).
      A motion to reconsider a bill having been made, the Speaker will 
  normally decline to sign it until the motion is disposed of. 5 Hinds 
  Sec. 5705. But where a bill has been signed by the Speaker and the 
  Vice President and has received the approval of the President it 
  cannot be impeached on the ground that a motion to reconsider it is 
  still pending. 5 Hinds Sec. 5705.

                       Effect of Agreement to Motion

      When a motion to reconsider is agreed to, the question immediately 
  recurs on the proposition to be reconsidered. 5 Hinds Sec. 5703; 
  Deschler Ch 23 Sec. 33. Thus, when the House agrees to a motion to 
  reconsider a vote on an amendment, the amendment is again pending and 
  the Chair may put it to a vote de novo. 5 Hinds Sec. 5704. Likewise, 
  when the House agrees to reconsider a vote ordering the yeas and nays, 
  the question immediately recurs on ordering the yeas and nays. 5 Hinds 
  Secs. 5689-5691. However, if the proposition originally voted on was a 
  motion for the previous question, that motion may be withdrawn after 
  the House has voted to reconsider it, on the theory that the action of 
  the House has effectively ``nullified'' the vote on the previous 
  question. 5 Hinds Sec. 5357.

[[Page 772]]

                    As Precluding Repetition of Motion

      When a motion to reconsider has been made and acted upon, a second 
  motion to reconsider is not ordinarily in order. Deschler Ch 23 
  Sec. 39.16. Otherwise, it is reasoned, motions to reconsider could be 
  made interminably. 5 Hinds Sec. 5689. Thus, a vote ordering the 
  previous question may be reconsidered only once. 5 Hinds Sec. 5655; 
  Manual Sec. 815. And one motion to reconsider the yeas and nays having 
  been acted on, another motion to reconsider is not in order. 5 Hinds 
  Sec. 6037. Similarly, the motion to reconsider a vote on a proposition 
  having been once agreed to, and that 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. 5 Hinds Secs. 5685-5688; 8 
  Cannon Sec. 2788. The general rule that precludes the repetition of 
  the motion is applied even where the House rejects the first motion by 
  laying it on the table. 5 Hinds Secs. 5632 et seq.; Deschler Ch 23 
  Sec. 39.15. But the tabling of 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 
  which might remain in disagreement after further Senate action. 98-1, 
  Oct. 5, 1983, p 27323.


  Sec. 4 . Who May Offer Motion

      The rule authorizing the motion to reconsider requires the Member 
  making the motion to be a ``member of the majority,'' but permits the 
  motion to be called up by ``any Member.'' Rule XVIII clause 1. Manual 
  Sec. 812. Under this rule, the entering of the motion and the 
  consideration of the motion are regarded as separate propositions. 8 
  Cannon Sec. 2785. Although the rule permits one Member who qualifies 
  to enter or to make the motion and another Member to call up the 
  motion, under the modern practice the motion is rarely ``entered'' but 
  is considered pending when made. The mover and the maker are one and 
  the same and thus must qualify as being on the prevailing side of the 
  issue to be reconsidered. Deschler Ch 23 Sec. 35.5. The proponent of 
  the proposition voted on is entitled to prior recognition to move for 
  its reconsideration. 2 Hinds Sec. 1454.
      The requirement of the rule that the one making the motion must be 
  a ``member of the majority'' (Manual Sec. 812) is construed to mean a 
  Member who voted on the prevailing side of the question (103-1, Mar. 
  24, 1993, p ____); those voting with the losing side are considered 
  not qualified. 92-1, Dec. 9, 1971, p 45475; 95-2, Apr. 20, 1978, p 
  10990; 96-1, Sept. 20, 1979, pp 25512, 25513. A similar rule is 
  followed with respect to pro forma motions to reconsider. Any Member 
  may object to the Chair's statement that

[[Page 773]]

  ``without objection'' a motion to reconsider a vote just taken be laid 
  on the table, and need not have voted on the prevailing side to make 
  such an objection; but if objection is made, the Chair's statement is 
  of no effect, and only a Member who voted on the prevailing side on a 
  record vote may offer the motion to reconsider the vote. 99-2, Aug. 
  15, 1986, p 22139.
      Likewise ineligible to move the reconsideration of a vote are 
  Members who were absent at the time of the vote (5 Hinds Sec. 5615) or 
  who failed to vote (8 Cannon Sec. 2774) or who were paired on the vote 
  with another Member (5 Hinds Sec. 5614).
      The provision of the rule that the motion be made ``by any member 
  of the majority'' is construed, in the case of a tie vote, to mean any 
  Member of the prevailing side--that is, a Member voting in the 
  negative (a tie vote resulting in the defeat of the proposition). 5 
  Hinds Sec. 5616; Deschler Ch 23 Sec. 35.2. There is authority to the 
  contrary, however. 5 Hinds Sec. 5615. ``Majority'' has also been 
  construed to mean the prevailing side, though a minority, whose votes 
  defeated a proposition that required a two-thirds vote for approval. 5 
  Hinds Secs. 5617, 5618. However, when a vote is not recorded, any 
  Member, regardless of how he voted, may enter the motion. Deschler Ch 
  23 Sec. 33; 102-2, Sept. 23, 1992, p ____. See also 8 Cannon 
  Sec. 2775. Any point of order relating to the eligibility of the 
  Member to offer the motion should be raised before the ordering of the 
  vote on the motion. Deschler Ch 23 Sec. 35.4.


  Sec. 5 . When Motion is in Order

      During the Continental Congress, there was no time limit on when 
  the motion to reconsider could be made, and the Congress often 
  reconsidered matters passed on a preceding day or even several days or 
  months before. 5 Hinds Sec. 5605. Today, the rule authorizing the 
  reconsideration of a vote provides that the motion is in order ``on 
  the same or succeeding day'' as that vote, and that ``thereafter'' any 
  Member may call it up. Rule XVIII clause 1. This means that the motion 
  to reconsider may be made or entered at any time during the day on 
  which the vote sought to be reconsidered is taken (5 Hinds Sec. 5674) 
  or on the next legislative day after the question to be reconsidered 
  was voted on (96-1, Sept. 20, 1979, pp 25512, 25513). The entry of the 
  motion during the two days prescribed by the rule is in order even 
  after the previous question is ordered or when a question of the 
  highest privilege is pending. 5 Hinds Sec. 5673; 8 Cannon Sec. 2785. 
  And once the motion has been entered within the two-day period, it 
  remains pending indefinitely. See Sec. 8, infra.

[[Page 774]]

      In accordance with the general rule that the motion to reconsider 
  is in order at any time during the two days prescribed by the rule, 
  the motion has been held in order:

     After a demand for the previous question on a related matter 
         (5 Hinds Sec. 5656) or while the previous question is operating 
         (5 Hinds Secs. 5657-5672).
     Pending a motion to go into the Committee of the Whole (8 
         Cannon Sec. 2785).
     In time set apart for other business if the matter sought to 
         be reconsidered is entertained during such time by unanimous 
         consent (5 Hinds Sec. 5683).
     After the bill to be reconsidered has gone to the Senate (5 
         Hinds Secs. 5666, 5667).
     After the Senate has been informed of agreement by the House 
         to a Senate amendment (5 Hinds Sec. 5672).
     After the bill has gone to the President (5 Hinds Sec. 5668).

      The motion to reconsider is not in order:

     In Committee of the Whole (Sec. 1, supra).
     When dilatory and manifestly for the purpose of delay (5 Hinds 
         Secs. 5731-5733, 5735, 5739; 8 Cannon Secs. 2797, 2815, 2822).
     When a special order prohibits ``intervening motions'' (4 
         Hinds Sec. 3203).
     While another Member has the floor (8 Cannon Sec. 2785).
     While the House is dividing on a motion (8 Cannon Sec. 2791).


  Sec. 6 . Use in Standing Committees

      The motion to reconsider is in order in the procedure of standing 
  committees, and in the absence of a committee rule governing the 
  motion, the committee will be governed by the analagous House rule. 8 
  Cannon Sec. 2213. Thus the motion to reconsider may be entered in a 
  committee on the same day as the vote to be reconsidered, or on the 
  next day thereafter, provided the committee convenes with a quorum 
  present at a properly scheduled meeting at which business of that 
  class is in order. 8 Cannon Sec. 2793; Deschler Ch 23 Sec. 33; Manual 
  Sec. 814. Sometimes the motion must be applied to a series of 
  propositions to achieve a desired result. In a committee, 
  reconsideration of an amendment may require that the motion to report 
  be first reconsidered, then the ordering of the previous question, 
  before a motion can be made to reconsider the amendment.
      A motion to reconsider is sometimes used in a committee when it 
  has obtained a quorum, to report out from that committee bills 
  approved earlier in the day in the absence of a quorum. Deschler Ch 23 
  Sec. 39.1. Any point of order against the use in a committee of such a 
  motion to report out mul-

[[Page 775]]

  tiple bills originally adopted in the absence of a quorum should be 
  made in the committee and not in the House. Deschler Ch 23 Sec. 39.2.


  Sec. 7 . Forms

      Set out below are the forms for entering the motion to reconsider, 
  for subsequently calling it up and bringing it to a vote, and for 
  offering the so-called pro forma motion.

                      Entering the Motion; Calling Up

      Member: I desire to enter a motion to reconsider the vote by which 
    the bill H.R.  ____ [or motion, conference report, or other 
    proposition] passed the House [or was agreed to, sent to conference, 
    rejected, or other action].
      Speaker: The gentleman enters a motion to reconsider the vote on 
    the bill H.R.  ____, which will be considered as pending.

      Note: Although the motion must be made or entered within the two-
  day period prescribed by the rule, it may be called up on any 
  subsequent day unless another question is pending before the House. 
  Sec. 8, infra.

      Member: I call up the pending motion to reconsider the vote on the 
    bill H.R.  ____.

      Note: Where a question has been divided for the vote, a separate 
  motion to reconsider is necessary for each vote, and should be first 
  made as to the first portion of the divided proposition. 5 Hinds 
  Sec. 5609.

                             Making the Motion

      Member: I move to reconsider the vote by which the bill H.R.  ____ 
    was adopted [or rejected].
      Speaker: The gentleman moves to reconsider the vote on H.R.  ____. 
    As many as are in favor of the motion say ``aye.''

      Note: The vote on a motion to reconsider may be taken by various 
  methods, including a voice vote or a roll call vote. 96-1, Sept. 20, 
  1979, p 22512.

                     The Pro Forma Motion--By a Member

      Member: I move to reconsider the vote by which the bill H.R.  ____ 
    passed the House, and ask unanimous consent that the motion be laid 
    on the table.
      Speaker: The gentleman moves to reconsider the vote by which the 
    bill H.R.  ____ passed the House, and asks to lay that motion on the 
    table. Without objection it is so ordered.

                     Pro Forma Motion--By the Speaker

      Speaker: Without objection, the motion to reconsider is laid on 
    the table.

[[Page 776]]

      Note: Any Member may object to the Chair's statement that 
  ``without objection'' a motion to reconsider a vote just taken be laid 
  on the table; if objection is made, the Chair's statement is then of 
  no effect, and a qualified Member may call for the reconsideration of 
  the vote. 99-2, Aug. 15, 1986, p 22139; 103-1, Feb. 17, 1993, p ____.


  Sec. 8 . When to Call Up Motion

      While a motion to reconsider must be made or entered within the 
  two-day period prescribed by the applicable rule (Sec. 5, supra), no 
  time limit is imposed as to when the motion may be called up for 
  consideration and debate. In theory, it may be called up at pleasure. 
  8 Cannon Sec. 2787. When once entered, the motion remains pending 
  indefinitely, even into a succeeding session of the same Congress. 5 
  Hinds Sec. 5684.
      While the motion to reconsider may be entered at any time during 
  the prescribed period, even when a question of the highest privilege 
  is pending (Sec. 5, supra), it may not be considered while another 
  question is pending before the House (5 Hinds Sec. 5673; 8 Cannon 
  Sec. 2785). And when a motion to reconsider relates to a bill 
  belonging to a particular class of business, the consideration of the 
  motion is in order only when that class of business is again in order. 
  5 Hinds Sec. 5677; 8 Cannon Secs. 2785, 2786. A motion to reconsider 
  the vote on a bill on the Private Calendar, for example, may be 
  entered on any day on which recognition is had for that purpose, but 
  the motion may be taken up for consideration only on a Private 
  Calendar day. 8 Cannon Sec. 2786.


  Sec. 9 . Precedence and Privilege of Motion

      By House rule, the motion to reconsider takes precedence of all 
  other questions except the consideration of a conference report or a 
  motion to adjourn. Rule XVIII clause 1. Manual Sec. 812. Accordingly, 
  when the motion to reconsider is in order and no other question is 
  pending (Sec. 5, supra) the motion is highly privileged for 
  consideration (8 Cannon Sec. 2787; 103-1, Mar. 24, 1993, p ____). The 
  high privilege given the motion by the rule gives it precedence, with 
  certain exceptions, over any motion relative to the subject to which 
  the motion to reconsider refers. 5 Hinds Sec. 5673. The precedence 
  given the motion by the rule permits it to be made even after the 
  previous question has been moved (5 Hinds Sec. 5656) or while it is 
  operating (5 Hinds Secs. 5657-5662; 8 Cannon Sec. 2784). It also takes 
  precedence of a motion to go into the Committee of the Whole. 8 Cannon 
  Sec. 2785. A motion to reconsider a secondary motion (such as a motion 
  to postpone) which has been previously offered is ordinarily also 
  highly privileged, and may even

[[Page 777]]

  be entertained by the Chair after the manager of the pending 
  proposition has yielded time to another Member and before that Member 
  has begun his remarks. 96-2, May 29, 1980, p 12663.
      Although generally of high privilege, the motion to reconsider 
  yields or is subject to:

     The question of consideration (8 Cannon Sec. 2437).
     The consideration of conference reports (Manual Sec. 812).
     The motion to lay on the table (8 Cannon Sec. 2652; Deschler 
         Ch 23 Sec. 38.1) unless the Chair has put the question on the 
         motion to reconsider (96-1, Sept. 20, 1979, p 25512; Manual 
         Sec. 818).
     A motion to adjourn (Manual Sec. 812).


  Sec. 10 . Quorum Requirements

      In general, the motion to reconsider cannot be agreed to in the 
  House in the absence of a quorum when the vote to be reconsidered 
  required a quorum. 5 Hinds Sec. 5606. A quorum is not necessary on a 
  motion to reconsider the vote whereby the yeas and nays were ordered, 
  since the yeas and nays may be ordered by one-fifth of the Members 
  present. 5 Hinds Sec. 5693. And on votes incident to a call of the 
  House, the motion to reconsider may be entertained, although a quorum 
  may not be present. 5 Hinds Secs. 5607, 5608.


  Sec. 11 . Debate and Voting; Withdrawal

                                  Debate

      The motion to reconsider is debatable for one hour, under the 
  control of the Member making the motion (89-1, Sept. 13, 1965, p 
  23068), if the proposition proposed to be reconsidered was debatable. 
  5 Hinds Sec. 5696; 8 Cannon Sec. 2792; Deschler Ch 23 Sec. 41.1. If 
  the proposition proposed to be reconsidered was not debatable, then 
  the motion calling for reconsideration is itself not debatable. 5 
  Hinds Secs. 5694, 5698; Deschler Ch 23 Sec. 33. Thus, the motion to 
  reconsider a vote ordering the previous question is not debatable. 
  101-2, Sept. 25, 1990, p ____.
      The view has been taken that a motion to reconsider a vote may be 
  debatable even if the previous question was operating at the time of 
  such vote, on the theory that the vote of the House ``exhausted the 
  previous question so as to open up the motion to debate.'' 5 Hinds 
  Secs. 5694, 5700. But the greater weight of authority holds that if 
  the proposition to be reconsidered was voted on under the operation of 
  the previous question, the motion to reconsider is not debatable, a 
  primary function of the previous question being to terminate debate. 5 
  Hinds Secs. 5656, 5701; Deschler Ch 23 Sec. 38.7;

[[Page 778]]

  Manual Sec. 819; 96-1, Sept. 20, 1979, p 25512. And if the motion is 
  agreed to, and if that proposition is again taken up, it is voted on 
  without debate (96-2, May 29, 1980, pp 12663-66) unless the ordering 
  of the previous question is itself reconsidered.

                                  Voting

      A simple majority vote is sufficient to adopt a motion to 
  reconsider, even when the vote reconsidered requires two-thirds for 
  affirmative action. 5 Hinds Secs. 5617, 5618; 8 Cannon Sec. 2795; 
  Manual Sec. 817. A majority vote is also required to reconsider a vote 
  ordering the yeas and nays, although one-fifth is sufficient to order 
  the yeas and nays. 5 Hinds Secs. 5689-5692; 8 Cannon Sec. 2790. And if 
  the House votes to reconsider, the yeas and nays may again be ordered 
  by one-fifth. 5 Hinds Sec. 5689.

                           Withdrawal of Motion

      The motion to reconsider having been made within the time 
  specified by the rules--that is, on the same or succeeding day as the 
  vote on the proposition to be reconsidered--it may not be withdrawn 
  without the consent of the House thereafter. Rule XVIII clause 1. 
  Manual Sec. 812.


  Sec. 12 . Application to Particular Propositions

                                 Generally

      The rule authorizing reconsideration applies whenever ``a motion 
  has been made and carried or lost. . . .'' Rule XVIII clause 1. Manual 
  Sec. 812. The term ``motion'' in this rule has been construed so as to 
  permit reconsideration of a wide variety of propositions, including 
  bills and resolutions and amendments thereto (Sec. 14, infra), various 
  motions and requests (Sec. 13, infra), and amendments pending between 
  the two Houses and conference reports thereon (Sec. 15, infra). The 
  motion is applicable whether the passage of the proposition required a 
  simple majority or a two-thirds vote. 8 Cannon Sec. 2778.

                               House Orders

      The motion to reconsider applies to the vote on a House order, 
  although the execution of that order has begun. 3 Hinds Sec. 2028; 5 
  Hinds Sec. 5665. The motion may be applied to a vote ordering the yeas 
  and nays (5 Hinds Sec. 6029; 8 Cannon Sec. 2790) or to a vote refusing 
  the yeas and nays (5 Hinds Sec. 5692) or to the vote by which the 
  House refuses to order a third reading of a bill (5 Hinds Sec. 5656; 8 
  Cannon Sec. 2777). The motion to reconsider may also be used to reopen 
  the proceedings whereby the House has voted to expunge certain matter 
  from the Congressional Record. Deschler Ch 23 Sec. 39.7.

[[Page 779]]

      The motion may not be applied to the vote by which the House has 
  decided a question of parliamentary procedure submitted by the Speaker 
  for the decision of the House. 8 Cannon Sec. 2776; Deschler Ch 23 
  Sec. 33; Manual Sec. 815. But the motion may be applied to a vote 
  laying an appeal on the table. 5 Hinds Sec. 5630. Compare 5 Hinds 
  Sec. 5631.

                                 Referrals

      By House rule, measures referred to a committee may not be brought 
  back into the House on a motion to reconsider. Rule XVIII clause 2. 
  Manual Sec. 820. This rule, which was adopted in its present form in 
  1880, was intended to prevent a Member from bringing back into the 
  House, on a motion to reconsider, any matter which he had obtained 
  unanimous consent to introduce or submit for reference. 5 Hinds 
  Sec. 5647. The rule was intended to apply to the initial formal 
  reference to a committee, and not where the measure has been reported 
  back from committee for House consideration. 5 Hinds Sec. 5649. Thus, 
  while the motion may not be applied to a House vote on a simple 
  referral to a committee (8 Cannon Sec. 2782), it is in order to 
  reconsider the vote whereby the House has recommitted a measure to a 
  committee (Deschler Ch 23 Sec. 39.6). However, it is too late to 
  reconsider such a vote after the committee report has been made. 5 
  Hinds Sec. 5651.


  Sec. 13 . -- Other Motions and Requests

                                 Generally

      The motion to reconsider is applied to permit the House to review 
  its vote on certain motions, including:

     An affirmative vote on a motion for the previous question (5 
         Hinds Sec. 5655), unless the previous question has been 
         partially executed, as by a vote on certain amendments (5 Hinds 
         Secs. 5653, 5654; Deschler Ch 23 Sec. 33).
     A vote on the motion to lay on the table, whether decided in 
         the affirmative (5 Hinds Secs. 5628, 5695, 6288; 8 Cannon 
         Sec. 2785) or in the negative (5 Hinds Sec. 5629). See also 
         Deschler Ch 23 Sec. 38.1.
     An affirmative vote on a motion to go into the Committee of 
         the Whole. 5 Hinds Sec. 5638; Deschler Ch 23 Sec. 33; 95-2, 
         Apr. 20, 1978, p 10990.
     An affirmative vote on the question of consideration. 103-2, 
         Oct. 4, 1994, p ____.
     An agreement by the House to a unanimous-consent request. 8 
         Cannon Sec. 2794; Deschler Ch 23 Sec. 33.

[[Page 780]]

                            When Not Applicable

      The motion to reconsider may not be applied to votes rejecting 
  certain motions, such as:

     A vote rejecting a motion to go into the Committee of the 
         Whole. 5 Hinds Sec. 5641.
     A vote rejecting the question of consideration. 5 Hinds 
         Secs. 5626, 5627; Deschler Ch 23 Sec. 39.14.
     A vote rejecting the motion to suspend the rules. 5 Hinds 
         Sec. 5645; 8 Cannon Sec. 2781; Deschler Ch 23 Sec. 33.
     A vote rejecting a motion to recess. 5 Hinds Sec. 5625.
     A vote rejecting a motion to adjourn. 5 Hinds Secs. 5620-5622.
     A vote rejecting a motion to adjourn to a day certain. 5 Hinds 
         Sec. 5624. But see 5 Hinds Sec. 5623.

      Certain motions or questions are not subject to the motion to 
  reconsider because of the adoption of ``expedited procedures'' 
  prescribed by statute and intended to bring a legislative matter to a 
  final conclusion without all the procedural protections normally 
  accorded. See Manual Sec. 1013, for examples of such laws. The 
  Congressional Budget Act, Sec. 305(a), precludes the motion to 
  reconsider the vote by which a concurrent resolution on the budget is 
  agreed to or disagreed to. The vote on adoption of a conference report 
  on such a resolution is also protected from the motion to reconsider.


  Sec. 14 . -- Bills and Resolutions; Amendments

      The motion to reconsider may be applied to the vote by which a 
  bill was passed in the House (5 Hinds Sec. 5666), including a private 
  bill (4 Hinds Secs. 3468, 3469), to a vote on the engrossment of the 
  bill (5 Hinds Sec. 5663), or to a vote refusing to order a third 
  reading of the bill (8 Cannon Sec. 2777). The motion is also applied 
  to permit reconsideration of a vote on a simple resolution (5 Hinds 
  Sec. 5609), such as a special-order resolution from the Committee on 
  Rules (101-2, Sept. 25, 1990, p ____), or on a joint resolution (96-1, 
  Sept. 20, 1979, p 25512).
      The motion to reconsider may be applied to permit reconsideration 
  of a vote on an amendment, but if the motion is not made until after 
  the passage of the amended bill, such reconsideration can be secured 
  only by a motion to reconsider the vote on the passage of the bill. 8 
  Cannon Sec. 2789. Similarly, to entertain a motion to reconsider a 
  vote on an amendment to an amendment, it is first necessary to vote to 
  reconsider the vote by which the original amendment, as amended, was 
  disposed of. Deschler Ch 23 Sec. 33.

[[Page 781]]

  Sec. 15 . -- Amendments Between the Houses; Conference Reports

      A motion to reconsider may be applied to a vote on a Senate 
  amendment to a House bill. And the fact that the House has informed 
  the Senate that it has voted to agree to such an amendment does not 
  prevent a motion to reconsider that vote. 5 Hinds Sec. 5672. But such 
  a motion must be timely made. 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 an amendment in 
  disagreement. 5 Hinds Sec. 5664.
      The motion to reconsider may be applied to a vote on a conference 
  report (Deschler Ch 23 Sec. 39.4) or to a vote recommitting a 
  conference report (Deschler Ch 23 Sec. 39.5). And after disposition of 
  a conference report and amendments reported therefrom in disagreement, 
  it is in order to move to reconsider the vote on a motion disposing of 
  one of the amendments. 98-1, Oct. 5, 1983, p 27323.
      Although the tabling of a motion to reconsider ordinarily prevents 
  the House from reconsideration of the vote in question (Sec. 2, 
  supra), the laying on the table of 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 which might remain in disagreement after further Senate 
  action. Manual Sec. 815.


  Sec. 16 . -- Measures Sent to the Senate or the President

      The motion to reconsider may be applied to a measure which has 
  been sent to the Senate (5 Hinds Secs. 5666, 5667), and if that motion 
  is agreed to, a motion to recall the measure is privileged (5 Hinds 
  Sec. 5669). Reconsideration of the vote on the measure is permitted 
  even if the measure has passed both Houses (4 Hinds Secs. 3466-3469), 
  and even if the measure has been sent to the President (5 Hinds 
  Sec. 5668). It would appear, however, that once the bill has been sent 
  to the President and signed by him, it could not be called into 
  question pursuant to a pending motion to reconsider the measure. 5 
  Hinds Sec. 5704. And if the President returns the bill to the House 
  with his objections, and the House votes on the passage of the bill 
  notwithstanding the objections of the President, that vote is not 
  subject to the motion to reconsider because the U.S. Constitution 
  (art. I section 7) expressly provides for the manner in which such 
  bills are to be reconsidered. 5 Hinds Sec. 5644; 8 Cannon Sec. 2778.



[[Page 783]]

 
                            REFER AND RECOMMIT

              A. Generally; Motions

  Sec.  1. In General
  Sec.  2. Form and Effect of Motion
  Sec.  3. Referral to Particular Committees
  Sec.  4. Motions in Committee of the Whole

              B. The Simple Motion to Refer

  Sec.  5. In General
  Sec.  6. Precedence; Relation to Other Motions
  Sec.  7. Debate on Motion

              C. Referral Pending Motion to Strike Enacting Clause

  Sec.  8. In General

              D. Referral Pending or After Ordering the Previous 
                 Question

  Sec.  9. In General; When in Order
  Sec. 10. Application of Motion
  Sec. 11. Who May Offer Motion; Recognition
  Sec. 12. Debate on Motion

              E. Recommittal Pending Final Passage

  Sec. 13. In General
  Sec. 14. Who May Offer Motion; Recognition
  Sec. 15. Debate on Motion
  Sec. 16. Effect of Special Rules

              F. Motions With Instructions

  Sec. 17. In General
  Sec. 18. Instructions to Report ``Forthwith''
  Sec. 19. Dividing the Question on Instructions
  Sec. 20. Instructions Subject to a Point of Order

        Research References
          5 Hinds Secs. 5521-5604

[[Page 784]]

          8 Cannon Secs. 2695-2773
          7 Deschler Ch 23 Sec. 25
          Manual Secs. 420, 427, 448-451, 494, 782, 787, 788, 804, 808


                           A. Generally; Motions


  Sec. 1 . In General

      When bills are first introduced they are referred to one or more 
  committees by direction of the Speaker. See Introduction and Reference 
  of Bills. When a bill has been reported by a committee, it is referred 
  to the appropriate calendar, also by direction of the Speaker. See 
  Calendars.
      Motions for the referral or recommittal of a matter to a committee 
  are permitted at certain narrowly circumscribed stages of the 
  legislative process. These motions are:

     The ordinary motion to refer when ``a question is under 
         debate'' under Rule XVI clause 4. Manual Sec. 782.
     The motion to commit a matter to a committee pending or after 
         the ordering of the previous question thereon under Rule XVII 
         clause 1. Manual Sec. 804.
     The motion to recommit a bill or joint resolution to a 
         committee after the previous question has been ordered to final 
         passage under Rule XVI clause 4. Manual Sec. 782.
     The motion to refer a bill to a committee pending a vote in 
         the House on a motion to strike the enacting words as provided 
         in Rule XXIII clause 7. Manual Sec. 875.

  Sec. 2 . Form and Effect of Motion

      Member: Mr. Speaker, I move to refer (or commit or recommit) the 
    bill (or resolution) to the Committee on ______.

      The motion may be subject to debate, depending on the applicable 
  rule, but the motion itself may not include a preamble or an argument 
  or explanation. 5 Hinds Sec. 5589; 8 Cannon Sec. 2749. However, 
  referral motions may be made with or without instructions. (See 
  Secs. 17-20, infra.) The ``straight'' motion (i.e., without 
  instructions) sends a measure to a specified committee and leaves the 
  disposition thereof to the discretion of the committee. 7 Deschler Ch 
  23 Sec. 25. But the committee must confine itself to the instructions, 
  if there be any. 4 Hinds Sec. 4404; 5 Hinds Sec. 5526.
      The motion to recommit with instructions does not take precedence 
  over a simple motion to recommit. 91-2, Nov. 25, 1970, p 38997. 8 
  Cannon Secs. 2714, 2758.

[[Page 785]]

  Sec. 3 . Referral to Particular Committees

      The motion to refer, commit, or recommit may specify that the 
  reference shall be to a named standing committee (4 Hinds Sec. 4401), 
  or to two or more standing committees (94-1, June 19, 1975, p 19787), 
  without regard to the usual rules governing committee jurisdiction. 4 
  Hinds Sec. 4375; 5 Hinds Sec. 5527. The motion may provide for 
  referral to a committee other than that reporting the underlying 
  measure. 8 Cannon Sec. 2696.
      A matter may be referred on motion to the Committee of the Whole 
  (5 Hinds Secs. 5552, 5553, 6631) or to a select committee, including 
  one that is established pursuant to the motion (4 Hinds Sec. 4401). 
  But motions for the referral of a matter to a subcommittee are not in 
  order. 8 Cannon Sec. 2739.


  Sec. 4 . Motions in Committee of the Whole

      The motions permitted by the House rules for the referral of a 
  matter do not apply in Committee of the Whole. 4 Hinds Sec. 4721; 8 
  Cannon Secs. 2326, 2327. It is in order under certain circumstances in 
  the Committee to move that the Committee rise and report back to the 
  House with the recommendation that the measure under consideration be 
  recommitted, but such a motion is entertained only at the completion 
  of the reading of the bill for amendment (4 Hinds Secs. 4761, 4762), 
  and may be (and usually is) precluded by the language of a special 
  rule from the Rules Committee. 7 Deschler Ch 23 Sec. 26.5.
      The House, while acting in the House as in Committee of the Whole, 
  may refer a matter to a committee. 5 Hinds Secs. 4931, 4932.


                       B. The Simple Motion to Refer


  Sec. 5 . In General

                         Generally; When to Offer

      A simple motion ``to refer'' is permitted by the first sentence of 
  Rule XVI clause 4 when a question is ``under debate.'' Manual 
  Sec. 782. This motion is in order pending the consideration of the 
  underlying matter. 102-2, Mar. 12, 1992, p ____. The motion may be 
  offered by any Member, who need not qualify as being in opposition to 
  the pending question. 7 Deschler Ch 23 Sec. 25.
      The ordinary motion to refer a proposition under this rule may be 
  offered before the proponent of the proposition is recognized to 
  control debate thereon. 99-1, Feb. 7, 1985, p 2220; 99-1, Mar. 4, 
  1985, p 4277. If the proposition is called up in the House under 
  circumstances which would per-

[[Page 786]]

  mit it to be debated under the hour rule, a motion to refer under Rule 
  XVI clause 4 is in order before debate begins. 96-1, Mar. 1, 1979, p 
  3746. The motion may not be offered while another Member holds the 
  floor in debate. 6 Cannon Sec. 468; 8 Cannon Sec. 2742. Once disposed 
  of, it cannot be offered again at the same stage of the question on 
  the same day. Rule XVI clause 4. Manual Sec. 782.

                           Application of Motion

      The simple motion to refer is permitted when ``a question'' is 
  under consideration pursuant to Rule XVI clause 4. Manual Sec. 782. A 
  bill before the House under the general rules of the House is subject 
  to the motion. The motion is applicable to bills called up from the 
  House Calendar, such as resolutions from the Committee on House 
  Oversight, resolutions adopting the rules of the House, and to 
  articles of impeachment (6 Cannon Sec. 549). The motion has been 
  applied to a vetoed bill (4 Hinds Secs. 3550, 3551), with or without 
  the veto message (7 Cannon Sec. 1104). (Referral of Presidential 
  messages, see Manual Sec. 884.)
      A motion to refer is also applicable to resolutions raising a 
  question of the privileges of the House (99-1, Feb. 7, 1985, p 2220; 
  99-1, Mar. 4, 1985, p 4277), such as:

     A resolution involving the expulsion of a Member. 96-1, Mar. 
         1, 1979, p 3746.
     A resolution alleging the improper representation by House 
         counsel of a legal position of a group of Members of the House 
         in a brief filed in the Supreme Court. 101-2, Mar. 22, 1990, p 
         ____.
     A resolution instructing the disclosure of information 
         concerning the operation of a bank in the office of the 
         Sergeant at Arms. 102-2, Mar. 12, 1992, p ____.

                        Referral With Instructions

      The motion to refer may include instructions or be amended to 
  include instructions. 5 Hinds Sec. 5521. If the previous question is 
  rejected on the motion, amendments offering proper instructions to the 
  motion are in order. 97-2, Aug. 13, 1982, p 20978. Instructions 
  generally, see Secs. 17-20, infra.


  Sec. 6 . Precedence; Relation to Other Motions

      The simple motion to refer under Rule XVI clause 4 takes 
  precedence over the motions to amend or to postpone indefinitely, but 
  yields to the motions to adjourn, to table, for the previous question, 
  or to postpone to a day certain. Manual Sec. 782. Thus, since the 
  motion to refer takes precedence over the motion to amend, the Chair 
  may recognize the Member seeking to offer

[[Page 787]]

  the preferential motion before the less preferential motion is read. 
  97-2, Aug. 13, 1982, pp 20969, 20975-78.
      The motion for the previous question takes precedence over the 
  motion to refer under clause 4 Rule XVI. Manual Sec. 782. But where 
  the motion to refer under that rule is preempted by the motion for the 
  previous question on a resolution on which there has been no debate, 
  rejection of the motion for the previous question leaves the motion to 
  refer pending. 101-2, Mar. 22, 1990, p ____.
      Pursuant to Rule XVI clause 4, the motion to lay on the table 
  takes precedence over, and is applicable to, the motion to refer. 97-
  2, Aug. 13, 1982, p 20977.


  Sec. 7 . Debate on Motion

      A motion to refer under clause 4 of Rule XVI (before the previous 
  question is ordered) is separately debatable pending the consideration 
  of the underlying matter. 102-2, Mar. 12, 1992, p ____. The motion is 
  debatable under the hour rule. 101-2, Mar. 22, 1990, p ____. The scope 
  of the debate is narrowly confined and may not extend to the merits of 
  the underlying matter. 5 Hinds Secs. 5565-5568; 6 Cannon Secs. 65, 
  549. Such debate is terminated by the adoption of the previous 
  question on the motion. 7 Deschler Ch 23 Sec. 25.


           C. Referral Pending Motion to Strike Enacting Clause


  Sec. 8 . In General

      A House rule permits the offering of a motion to refer a measure 
  to a committee, with or without instructions, pending concurrence by 
  the House in a recommendation from the Committee of the Whole that the 
  enacting clause of a measure be stricken. Rule XXIII clause 7. Manual 
  Sec. 875. As noted elsewhere, the recommendation that the enacting 
  clause be stricken may interrupt and supersede the offering of 
  amendments in Committee of the Whole, and if agreed to by the House, 
  defeats the bill. See Committees of the Whole.
      The motion to refer permitted by this rule is to be distinguished 
  from the motion to recommit that may be made pending final passage of 
  the bill under Rule XVI clause 4. The motion to recommit pending 
  passage insures the right of the minority to have a final opportunity 
  to perfect the bill or to return it to committee. Sec. 14, infra. In 
  contrast, the motion to refer under Rule XXIII comes before action on 
  the recommendation that the enacting

[[Page 788]]

  clause be stricken and allows the friends of the original bill to 
  avert its demise by referring it to committee where it may be 
  considered in the light of the House action. 8 Cannon Sec. 2629.
      The motion to refer permitted by Rule XXIII may include 
  instructions to report back forthwith with an amendment to the 
  underlying bill. 103-2, Apr. 14, 1994, p ____.
      The recommendation that the enacting clause be stricken may not be 
  combined with a recommendation that the bill be recommitted to a 
  committee. Deschler Ch 19 Sec. 10.10.

                            Automatic Referral

      When the House disagrees to the recommendation of the Committee in 
  striking out the enacting words and does not refer the bill under the 
  provisions of the rule, it goes back to the Committee of the Whole, 
  where it becomes unfinished business. This process is automatic and 
  does not require a motion. 5 Hinds Secs. 5326, 5345, 5346; 8 Cannon 
  Sec. 2633.


        D. Referral Pending or After Ordering the Previous Question


  Sec. 9 . In General; When in Order

      The motion ``to commit'' is authorized under the rule governing 
  the motion for the previous question. Clause 1 Rule XVII. Under this 
  rule, the motion is in order pending the motion for or after the 
  previous question has been ordered on passage or adoption. The motion 
  may be made with or without instructions and may provide for referral 
  to a standing or select committee. Manual Sec. 804. It is not 
  necessary that the underlying proposition has been reported from a 
  committee. 95-2, July 12, 1978, p 20504. Repetition of the motion is 
  not permitted. Only one proper motion to commit is in order under the 
  rule. 5 Hinds Sec. 5577.
      If the previous question has been ordered on a proposition on 
  which there has been no debate, and a Member insists on the 40 minutes 
  of debate permitted by rule in such cases (see Manual Sec. 907) the 
  motion to commit should be made only after such debate. 99-1, May 8, 
  1985, p 11073.
      The motion to commit may be made pending the demand for the 
  previous question on passage or adoption (5 Hinds Sec. 5576), and at 
  this point is subject to the motion to table. When the previous 
  question is ordered on all stages of a bill to final passage, the 
  motion to commit is not in order before the engrossment or third 
  reading. 5 Hinds Secs. 5578-5581.

[[Page 789]]

                         Instructions With Motion

      A motion to commit under Rule XVII clause 1 may be offered with 
  instructions, such as an instruction to report back with an amendment. 
  98-1, Jan. 3, 1983, p 49; 99-1, Jan. 3, 1985, p 411. Thus, a motion to 
  commit a resolution electing minority members to standing committees 
  may be offered with instructions to a select committee to report back 
  ``forthwith'' with an amendment adding the names of additional 
  Members. 97-1, Jan. 28, 1981, p 1146. Instructions generally, see 
  Secs. 17-20, infra.

                           Amendments to Motion

      A motion to commit may be amended, as by adding instructions, 
  unless such amendment is precluded by ordering the previous question 
  on the motion. 5 Hinds Secs. 5582-5584; 8 Cannon Sec. 2695.


  Sec. 10 . Application of Motion

      The rule authorizing the motion to commit pending or after the 
  previous question is construed as applying across a broad range of 
  legislative business, including:

     Bills and joint resolutions. 5 Hinds Sec. 5576.
     Simple resolutions (5 Hinds Sec. 5573) and concurrent 
         resolutions (96-1, Nov. 28, 1979, p 33914).
     Conference reports if the other House has not discharged its 
         managers. See Conference Between the Houses.
     Senate amendments being considered in the House before the 
         stage of disagreement. 5 Hinds Sec. 5575. Manual Sec. 808.
     A resolution stating a question of privilege (98-1, June 29, 
         1983, p 18104), such as a disciplinary resolution (101-2, July 
         26, 1990, p ____), or a resolution certifying the contempt of a 
         committee witness (92-1, July 13, 1971, pp 24723, 24752).
     A resolution electing minority members to standing committees. 
         97-1, Jan. 28, 1981, p 1146.

      The motion to commit may not be separately applied to amendments 
  to the underlying proposition. 7 Deschler Ch 23 Sec. 25. When the 
  previous question has been ordered on a simple resolution and a 
  pending amendment thereto, the motion to commit should be offered 
  after the vote on the amendment. 5 Hinds Secs. 5585-5588.
      The motion does not apply to special orders reported by the Rules 
  Committee. 5 Hinds Secs. 5598-5601; 89-1, July 26, 1965, p 18087. A 
  House rule prevents the Speaker from entertaining dilatory motions 
  until Rules Committee reports are fully disposed of. Rule XI clause 
  4(b). If the previous

[[Page 790]]

  question is rejected, this restriction no longer strictly applies. 
  Manual Sec. 729b.


  Sec. 11 . Who May Offer Motion; Recognition

      As noted elsewhere in this article, under clause 4 of Rule XVI the 
  prior right to recognition on a motion to recommit a bill pending 
  final passage is given to an opponent of the bill. Sec. 14, infra. 
  This principle is also applied to a motion to commit under Rule XVII 
  clause 1 pending the demand for, or the ordering of, the previous 
  question. 7 Deschler Ch 23 Sec. 25. Thus, an opponent, preferably the 
  Minority Leader or a minority member on the reporting committee, in 
  order of seniority, has priority of recognition to offer the motion 
  under Rule XVII. See Manual Secs. 788, 808. However, if the underlying 
  matter is a resolution offered as a question of the privileges of the 
  House, the Member offering the motion to commit need not qualify as 
  stating his opposition to the resolution. 98-1, Apr. 28, 1983, p 
  10417.
      It is the prerogative of the minority, when the House is operating 
  under general parliamentary procedure, to offer a motion to commit the 
  resolution adopting the rules, but the minority member offering the 
  motion need not qualify as opposed to the resolution. 98-1, Jan. 3, 
  1983, p 49; 99-1, Jan. 3, 1985, p 410-413; 101-1, Jan. 3, 1989, p 81.


  Sec. 12 . Debate on Motion

      Under clause 1 of Rule XVII a motion to commit is not separately 
  debatable after the previous question is ordered on the underlying 
  proposition. 5 Hinds Sec. 5582; 102-2, Mar. 12, 1992, p ____. Thus, 
  the previous question having been ordered on a resolution prior to 
  adoption of the rules, the motion to commit--with or without 
  instructions--is not debatable. 97-1, Jan. 5, 1981, p 112. As to the 
  debate permitted on a motion to recommit pending final passage of a 
  bill or joint resolution, see Sec. 15, infra.


                   E. Recommittal Pending Final Passage


  Sec. 13 . In General

      The motion to recommit a bill or joint resolution after the 
  previous question has been ordered on the question of final passage is 
  authorized by clause 4 Rule XVI. Manual Sec. 782. This rule, which 
  includes provisions permitting debate on the motion (Sec. 15, infra), 
  does not apply to simple resolutions, concurrent resolutions, or to 
  conference reports. Manual Sec. 787.

[[Page 791]]

                               When in Order

      The motion to recommit a bill is properly made after the 
  engrossment and third reading of the bill. 87-1, June 12, 1961, p 
  10080. A Member seeking to offer the motion must be on his feet 
  addressing the Chair after the engrossment and third reading of the 
  bill and before the Chair puts the question on passage of the bill. 
  98-2, June 6, 1984, p 15164. The motion comes too late when the Chair 
  has put the question on passage and has announced the apparent result 
  of the vote. 91-1, Dec. 11, 1969, p 38536.

                           Repetition of Motion

      The authorizing rule specifies that one motion to recommit is in 
  order, the previous question having been ordered on passage. Manual 
  Sec. 782. But if the motion is ruled out on a point of order, its 
  proponent or another qualifying Member is entitled to offer a proper 
  motion to recommit. 8 Cannon Sec. 2713; 102-1, Sept. 17, 1991, p ____; 
  102-2, Apr. 1, 1992, p ____.

                           Amendments to Motion

      A motion to recommit is subject to amendment until the previous 
  question is ordered on the motion. 91-1, Aug. 11, 1969, p 23143. If 
  the previous question on the motion is voted down, the motion is open 
  to amendment. 90-2, June 26, 1968, p 18940; 91-2, May 6, 1970, p 
  14490. The amendment must be germane to the pending measure and not 
  necessarily to the original motion (see Sec. 17, infra). Any point of 
  order against an amendment to the motion should be raised immediately 
  following the reading of the amendment. 93-2, Feb. 5, 1974, pp 2079-
  81.


  Sec. 14 . Who May Offer Motion; Recognition

      The Speaker: Is the gentleman opposed to the measure?

  This is the threshold question to be put by the Chair in determining a 
  Member's qualifications to offer a motion to recommit. Deschler Ch 23 
  Sec. 25; 87-1, Mar. 1, 1961, pp 2965, 2989. At one time the applicable 
  rule was construed to give the friends of the bill an opportunity to 
  correct any errors in the bill before the House voted on passage. 8 
  Cannon Sec. 2762. Under the modern rule (Rule XVI clause 4), the 
  Speaker is required to give preference in recognition to a Member who 
  is opposed to the bill (Manual Sec. 782), whether the motion is made 
  with or without instructions (Manual Sec. 788). This rules change was 
  intended to allow the minority a final opportunity to return the bill 
  to committee or (through instructions) to have its version of the bill 
  brought to a vote. 7 Deschler Ch 23 Sec. 25.

[[Page 792]]

      In recognizing a Member to move to recommit, the Chair does not 
  attempt to assess the degree of that Member's opposition. 102-1, Oct. 
  23, 1991, p ____. The Chair makes no distinction between Members who 
  are unqualifiedly opposed and those who phrase their opposition ``to 
  the bill in its present form.'' 91-1, Oct. 3, 1969, p 28487; 91-2, 
  Apr. 16, 1970, pp 12063, 12092.
      Among Members opposed to the bill, the Speaker will first look to 
  the Minority Leader (Manual Sec. 788), then to minority members of the 
  committee reporting the bill in their order of seniority on the 
  committee, then to other members of the minority, and finally to 
  majority members opposed to the bill. 94-1, July 10, 1975, pp 22014, 
  22015. See also 90-1, June 13, 1967, p 15587; 90-2, Apr. 22, 1968, p 
  10126-30; 96-1, Apr. 24, 1979, p 8360. These principles on recognition 
  are followed even where a bill under consideration was not reported 
  from committee. A senior minority member of the committee of 
  jurisdiction would still be recognized by the Speaker for a motion to 
  recommit if he qualifies as opposed to the measure. See Deschler's 
  Procedure, Ch 23 Sec. 11. It is not too late for a senior member of 
  the committee to seek recognition where another minority member has 
  qualified as opposed to the bill but where his motion has not yet been 
  read by the Clerk. 96-1, Apr. 24, 1979, p 8360.

                   Recognition for Amendments to Motion

      If the previous question is voted down on a motion to recommit, 
  the person offering an amendment to the motion would not necessarily 
  have to qualify as being opposed to the bill. 90-2, June 26, 1968, p 
  18940. A Member who in the Speaker's determination lead the opposition 
  to the previous question on the motion to recommit, such as the 
  chairman of the committee reporting the bill, is entitled to offer an 
  amendment to the motion regardless of party affiliation. 97-1, June 
  26, 1981, pp 14791-93.


  Sec. 15 . Debate on Motion

                                 Generally

      The straight motion to recommit is not debatable where made 
  pending the previous question on the measure or after the previous 
  question has been ordered. 5 Hinds Sec. 5582; 7 Deschler Ch 23 
  Sec. 25. Under Rule XVI clause 4 the motion to recommit after the 
  previous question is ordered on final passage is rendered debatable 
  only by unanimous consent (99-1, Dec. 4, 1985, p 34160) or by the 
  inclusion of instructions in the motion (102-2, Feb. 27, 1992, p 
  ____). Under that rule, a motion to recommit with instructions is 
  debatable for 10 minutes, five minutes in favor of the motion and five 
  op-

[[Page 793]]

  posed. Manual Sec. 782; 92-1, June 2, 1971, pp 17491-95; 92-1, Sept. 
  30, 1971, pp 34345-47. In the 99th Congress the rule was amended to 
  permit one hour of debate, rather than 10 minutes, upon demand of the 
  majority floor manager of the bill, time to be equally divided. 99-1, 
  Jan. 3, 1985, p 393.
      Rule XVI clause 4 permits debate on a motion to recommit only 
  where the underlying measure is a bill or joint resolution. 93-1, Nov. 
  15, 1973, pp 37141, 37151; 95-2, Oct. 13, 1978, p 37017. The debate 
  permitted by the rule is inapplicable to a motion to recommit a 
  concurrent resolution under Rule XVII clause 1. 94-1, May 7, 1975, pp 
  13366, 13367.

                          Control of Debate Time

      The Member recognized for five minutes in support of his motion to 
  recommit with instructions must use or yield back all of that time, 
  and may not reserve a portion thereof. 97-1, June 26, 1981, p 14792. 
  But the Member offering the motion may, at the conclusion of the 10 
  minutes of debate, yield to another Member to offer an amendment to 
  the motion if the previous question has not been ordered on the 
  motion. 93-1, July 19, 1973, pp 24966, 24967.
      A Member recognized for five minutes in opposition to a motion to 
  recommit with instructions controls the floor for debate only and may 
  not yield to another Member to offer an amendment to the motion to 
  recommit. 93-1, July 19, 1973, pp 24966, 24967. Where debate time on a 
  motion to recommit with instructions has been lengthened by a special 
  rule, the Chair has allowed time to be allocated and controlled and 
  has permitted the Member controlling time in opposition to close 
  debate. 95-2, Aug. 10, 1978, p 25500.


  Sec. 16 . Effect of Special Rules

      The Committee on Rules is precluded from reporting a special order 
  which would prevent the motion to recommit from being made as provided 
  in Rule XVI clause 4. Such special orders are precluded by Rule XI 
  clause 4(b). Manual Secs. 729a, 729c. Clause 4(b) was amended in the 
  104th Congress to further prohibit the Committee on Rules from denying 
  the Minority Leader or his designee the right to include proper 
  amendatory instructions in a motion to recommit (Sec. 210, H. Res. 6, 
  104-1, Jan. 4, 1995, p ____).
      The rule prohibiting special orders that preclude the motion to 
  recommit under Rule XVI clause 4 is applicable only to the recommittal 
  of bills and joint resolutions, and does not apply to special orders 
  restricting the recommittal of simple or concurrent resolutions. See 
  100-2, May 4, 1988, p 9865.

[[Page 794]]

                       F. Motions With Instructions


  Sec. 17 . In General

      The motion to refer, commit, or recommit may include instructions. 
  Such instructions may direct the designated committee(s) to take 
  specified actions (7 Deschler Ch 23 Sec. 25), such as to study a 
  subject germane to the underlying measure. 101-2, Mar. 29, 1990, p 
  ____. The committee may be instructed:

     To report ``forthwith'' with an amendment. Sec. 18, infra.
     To report the bill back promptly with certain amendments. 102-
         1, Oct. 29, 1991, p ____; 102-2, June 25, 1992, p ____; 102-2, 
         July 31, 1992, p ____.
     To consider the bill in relation to the President's energy 
         message and to promptly hold hearings thereon. 95-1, Apr. 29, 
         1977, p 12886.
     To hold hearings and promptly report recommendations on how to 
         amortize the cost of the bill. 101-2, Mar. 29, 1990, p ____.
     To hold hearings on a proposal and to solicit the views of the 
         Attorney General. 89-2, Aug. 22, 1966, p 20119.
     To examine the sufficiency of a contempt citation and report 
         back to the House. 89-2, Oct. 18, 1966, p 27484.

                        Amendments to Instructions

      A motion to recommit with instructions may be amended if the 
  previous question has not been ordered thereon. Indeed, a substitute 
  amendment which strikes out all of the proposed instructions and 
  inserts others in their place is in order if germane to the pending 
  measure, and does not violate the right of the minority to move to 
  recommit. 8 Cannon Sec. 2759. An amendment offered to an instruction 
  must be germane to the bill, not necessarily to the original 
  instruction. See Manual Sec. 796.


  Sec. 18 . Instructions to Report ``Forthwith''

      The House may recommit a bill to committee with instructions to 
  report it back ``forthwith'' with an amendment. 87-2, Oct. 3, 1962, p 
  21897; 88-1, Dec. 16, 1963, pp 24757-59; 89-2, June 1, 1966, p 11905. 
  Such instructions must be complied with immediately. 87-1, Sept. 13, 
  1961, p 19208. The House has used this procedure even with respect to 
  an amendment in the nature of a substitute for the entire bill. 92-2, 
  Feb. 9, 1972, pp 3451-53.
      Having been instructed to report ``forthwith,'' the committee is 
  not required to convene and consider the measure. The chairman or 
  other designated committee member immediately rises and announces that 
  pursuant

[[Page 795]]

  to the instructions of the House, he is reporting the measure back to 
  the House with the instructed amendment. 7 Deschler Ch 23 Sec. 25. The 
  House then votes on the amendment and, if agreed to, again on 
  engrossment and third reading of the bill prior to final passage, as 
  shown in the illustrative proceedings below. 101-1, June 15, 1989, pp 
  12164, 12165.

      The Speaker: The question is on the engrossment and third reading 
    of the bill.

      Note: The question is then put. If the motion carries, the bill is 
  ordered to be engrossed and read a third time, and is read the third 
  time.

      Member: I offer a motion to recommit.
      The Speaker: Is the gentleman opposed to the bill?
      Member: I am, Mr. Speaker.
      The Speaker: The gentleman qualifies. The Clerk will report the 
    motion to recommit.
      The Clerk: Mr. ______ of ______ moves to recommit the bill, H.R. 
    ____, to the Committee on __________ with instructions to report the 
    bill forthwith with the following amendment: ____________

      Note: The motion is subject to 10 minutes of debate or up to one 
  hour if demanded by the floor manager of the bill. Sec. 15, supra.

      The Speaker: Without objection, the previous question is ordered. 
    . . . The question is on the motion to recommit.

      Note: A vote having been taken and announced in the affirmative, 
  the chairman of the designated committee rises:

      The Chairman: Mr. Speaker, pursuant to the instructions of the 
    House on the motion to recommit I report back the bill, H.R. 
    __________, with an amendment [the amendment is read in the House by 
    the Clerk].
      The Speaker: The question is on the amendment.

      Note: The amendment is voted on; if agreed to, the Speaker puts 
  the question on engrossment and third reading of the bill; if agreed 
  to, the question is on passage of the bill.


  Sec. 19 . Dividing the Question on Instructions

      On a motion to recommit with instructions it is not in order to 
  demand a separate vote on the instructions or various branches 
  thereof. 5 Hinds Secs. 6134-6137; 8 Cannon Secs. 2737, 3170. However, 
  when a bill is reported back to the House with one or more amendments 
  pursuant to such instructions, a division of the question may be 
  demanded on the amendment(s) if otherwise in a divisible form. See 
  103-1, Jan. 5, 1993, p ____. Generally, see Division of the Question 
  for Voting.

[[Page 796]]

  Sec. 20 . Instructions Subject to a Point of Order

      A motion to recommit may not propose to do that which may not be 
  done by amendment under the rules of the House. 5 Hinds Secs. 5529-
  5541; 101-1, Aug. 1, 1989, p 17156. It is not in order to do 
  indirectly--by instructions to report a particular amendment--that 
  which may not be done directly by way of amendment. 98-1, Sept. 19, 
  1983, p 24646. A point of order will lie, for example, if the motion 
  proposes an amendment that is not germane to the bill. 102-2, Sept. 
  23, 1992, p ____. So too, if any portion of a motion to recommit with 
  instructions constitutes ``legislation on a general appropriation 
  bill,'' the entire motion is out of order. 94-2, Sept. 1, 1976, p 
  20884. Also, when a motion to recommit a general appropriation bill is 
  offered which includes a ``limitation'' not considered in Committee of 
  the Whole, it is subject to a point of order under Rule XXI clause 
  2(c). 101-1, Aug. 1, 1989, pp 17156-60. Instructions that require the 
  reporting of an amendment that is contrary to a special order from the 
  Rules Committee may also be ruled out. 7 Deschler Ch 23 Sec. 25.
      A motion to recommit may not include instructions to modify any 
  part of an amendment previously agreed to by the House. 8 Cannon 
  Secs. 2712, 2715, 2720. Thus, where the House has adopted an amendment 
  in the nature of a substitute, that text cannot be further amended by 
  way of a motion to recommit absent a special rule permitting 
  amendatory instructions. 86-2, May 4, 1960, p 9416; 89-1, Sept. 29, 
  1965, p 25438. If the special order reported form the Rules Committee 
  permits a motion to recomit ``with or without instructions,'' 
  amendatory instructions are protected, even if a substitute is adopted 
  during the amendment process.
      In the 104th Congress, the authority of the Committee on Rules to 
  report special orders which deny a recommittal motion with 
  instructions was circumscribed. The current rule specifies that the 
  commitee may not report a special rule denying to the Minority Leader 
  or his designee the right to offer a motion with germane instructions. 
  Rule XI clause 4(b). Manual Sec. 729a. Since this change, the 
  insertion of the phrase ``one motion to recommit with or without 
  instructions'' has become routine in special orders reported by the 
  Committee on Rules.
      A motion to recommit a bill to a committee with instructions that 
  the bill be reported back forthwith with specified amendments is not 
  in order if the adoption of the amendments would violate section 
  311(a) of the Congressional Budget Act by causing revenues to fall 
  below the floor specified in the applicable concurrent resolution on 
  the budget. 98-1, Apr. 20, 1983, p 9151.

[[Page 797]]

      The Chair does not anticipate the content of a motion to recommit 
  and will not rule in advance as to whether particular instructions 
  which might be offered as part of such a motion would be in order. 91-
  1, Dec. 10, 1969, pp 38123, 38130; 97-2, Aug. 13, 1982, p 20978.



[[Page 799]]

 
                          RESOLUTIONS OF INQUIRY

  Sec. 1. In General
  Sec. 2. To Whom Resolutions May Be Directed
  Sec. 3. Subjects of Inquiry
  Sec. 4. Committee Functions
  Sec. 5. Consideration in the House
  Sec. 6. Privilege of Resolution
  Sec. 7. -- Resolutions Calling for Opinions
  Sec. 8. Executive Branch Responses
        Research References
          3 Hinds Secs. 1856-1910
          6 Cannon Secs. 404-437
          4 Deschler Ch 15 Sec. 2
          Manual Secs. 855-859


  Sec. 1 . In General

      Resolutions of inquiry are one of the methods used by the House to 
  obtain information from the executive branch. Deschler Ch 15 Sec. 2. 
  They are accorded privileged status under Rule XXII clause 5. Manual 
  Sec. 855.
      Resolutions of inquiry are simple rather than concurrent or joint 
  in form. See for example 102-1, Feb. 29, 1991, p ____. The resolution 
  normally provides that the information be furnished directly to the 
  House; however, a resolution merely authorizing a committee to request 
  information has been treated as a resolution of inquiry (3 Hinds 
  Sec. 1860), and in one instance the resolution directed the officer 
  named to furnish information to a committee rather than to the House. 
  Deschler Ch 15 Sec. 2.26.
      A resolution of inquiry need not contain a statement as to the 
  purpose for which the information is sought. See 96-1, June 15, 1979, 
  p 15027. And the inclusion of a preamble will effectively destroy the 
  privilege which the resolution might otherwise enjoy. See Sec. 6, 
  infra.
      The wording of the resolution will vary depending on the person to 
  whom the resolution is directed. The House traditionally ``requests'' 
  the President and ``directs'' the heads of executive departments to 
  furnish information. Manual Sec. 856. And the resolution may include 
  the qualifying phrase, ``if not incompatible with the public 
  interest,'' or words to that effect. 3 Hinds Sec. 1899; 6 Cannon 
  Sec. 436; Deschler Ch 15 Sec. 2.8.

[[Page 800]]

  Sec. 2 . To Whom Resolutions May Be Directed

      Resolutions of inquiry have been traditionally directed to the 
  President (96-2, Apr. 23, 1980, p 8800) or to the Secretary of State 
  or other Cabinet officer. Deschler Ch 15 Sec. 2. The House rule 
  dealing with resolutions of inquiry refers to ``heads of executive 
  departments'' (Rule XXII clause 5), but the term ``heads of executive 
  departments'' does not extend beyond Cabinet officers to lesser 
  officials. Thus, a resolution of inquiry directed to the Federal 
  Reserve Board (6 Cannon Sec. 406) or to the Director of the CIA 
  (Deschler Ch 15 Sec. 2.1) would not be privileged for consideration.


  Sec. 3 . Subjects of Inquiry

      A wide variety of information--relating to both foreign and 
  domestic affairs--may be sought pursuant to a resolution of inquiry. 
  The House has agreed to such resolutions to obtain information on:

     Agreements between the President and the British Prime 
         Minister. Deschler Ch 15 Sec. 2.1.
     The relationship between the President's brother (Billy 
         Carter) and the Libyan Government. 96-2, Sept. 10, 1980, pp 
         24948 et seq.
     The dismantlement and removal of industrial plants from 
         postwar Germany. Deschler Ch 15 Sec. 2.15.
     Sales to foreign countries of goods in short supply. Deschler 
         Ch 15 Sec. 2.22.
     Domestic availability of petroleum and coal. Deschler Ch 15 
         Sec. 2.23.
     The construction of certain river improvements and the costs 
         thereof. 3 Hinds Sec. 1875.
     School systems receiving federal funds and engaging in busing 
         to achieve racial balance. Deschler Ch 15 Sec. 2.24.

      Documents which may be sought pursuant to a resolution of inquiry 
  include reports on foreign affairs such as the so-called Pentagon 
  Papers (Deschler Ch 15 Sec. 2.2), certain communications between the 
  Department of State and a U.S. Embassy (Deschler Ch 15 Sec. 2.3), maps 
  showing certain military operations (Deschler Ch 15 Sec. 2.8), 
  military statistical data (Deschler Ch 15 Sec. 2.11), papers in the 
  custody of the Special Prosecutor (Deschler Ch 15 Sec. 2.17), and a 
  letter from the Director of the FBI to the Secretary of Commerce 
  (Deschler Ch 15 Sec. 2.20). In 1993, a resolution of inquiry, reported 
  adversely, requested the President to furnish certain documents 
  concerning the White House travel office and the FBI. 103-1, July 20, 
  1993, p ____.

[[Page 801]]

  Sec. 4 . Committee Functions

                  Referrals and Reports; Joint Referrals

      Resolutions of inquiry are referred to the appropriate committee 
  for consideration and report. Joint referrals to two [or more] 
  committees may be made in a proper case. 96-2, Sept. 10, 1980, pp 
  24948 et seq. By House rule (Rule XXII clause 5), committees are 
  required to report resolutions of inquiry back to the House within 14 
  legislative days (formerly seven legislative days), exclusive of the 
  first or last day (3 Hinds Secs. 1858, 1859). The 14-day reporting 
  period, which was adopted in 1983 (Manual Sec. 855), may be extended 
  by unanimous consent. 97-2, July 12, 1982, p 15773. In the case of a 
  joint referral, both must either report or be discharged before 
  consideration.

                                 Discharge

      If the committee fails to report the resolution back to the House 
  within the 14-day period, the House may reach the resolution by a 
  motion to discharge (Manual Sec. 858), as follows:

      Member: Mr. Speaker, I move to discharge the Committee on  
    __________ from the further consideration of the resolution, H. Res. 
     ____, a privileged resolution of inquiry.

      This motion is privileged for consideration (97-2, July 12, 1982, 
  p 15773) after the 14-day period even though there may have been some 
  delay in the transmittal of the resolution to the committee (3 Hinds 
  Sec. 1871). The motion to discharge is not debatable (Manual 
  Sec. 858), and a motion to table the motion to discharge is in order. 
  That motion to table is likewise not debatable. 6 Cannon Sec. 415. But 
  if the motion to discharge is agreed to, the question recurs on 
  agreeing to the resolution of inquiry, and that question is debatable. 
  6 Cannon Sec. 417.
      A committee may also be discharged from consideration of a 
  resolution of inquiry by unanimous consent. 93-1, Oct. 13, 1973, p 
  33687; 93-1, Nov. 1, 1973, p 35644. The unanimous-consent procedure 
  may be used where a motion to discharge is not yet eligible for 
  consideration under Rule XXII clause 5. 96-1, Sept. 13, 1979, p 24423.


  Sec. 5 . Consideration in the House

                           Generally; Calling Up

      A resolution of inquiry, if in proper form, is privileged (Sec. 6, 
  infra), and a report thereon is presented from the floor rather than 
  through the hopper. 103-1, July 20, 1993, p ____. Subject to three-day 
  report availability (Rule

[[Page 802]]

  XI clause 2), the resolution may be called up in the House and 
  considered at anytime after it has been reported by (or discharged 
  from) the committee to which it was referred. 6 Cannon Sec. 414. It 
  may not be called up as privileged before being referred to committee. 
  Manual Sec. 857. It is privileged for consideration on ``suspension 
  days'' and took precedence over the former Consent Calendar. 6 Cannon 
  Sec. 409. The privilege of the resolution is not affected by an 
  adverse report on it by the committee. 6 Cannon Secs. 404, 410. 
  Indeed, an adverse report on the resolution is itself reported as 
  privileged. 92-2, Apr. 19, 1972, p 13497; 96-2, Feb. 20, 1980, p 3338.
      The reported resolution retains its privilege after being referred 
  to the Calendar. 6 Cannon Sec. 407. If ruled out because submitted 
  through the hopper, it may be immediately resubmitted from the floor 
  without loss of privilege. 6 Cannon Sec. 419.

                              Who May Call Up

      Normally, when a resolution of inquiry has been reported by 
  committee within the 14-day time frame (Sec. 4, supra), only an 
  authorized member of that committee may call up the resolution for 
  consideration. 6 Cannon Sec. 413. By reporting a resolution of 
  inquiry, even adversely, within 14 legislative days, the committee of 
  jurisdiction retains control of the resolution, and a Member not 
  authorized by the committee cannot call up the resolution. 8 Cannon 
  Sec. 2310. Where the resolution has been referred to two committees, 
  but neither reports, the resolution could be discharged by majority 
  vote and called up by an individual Member. If one committee reports, 
  the other committee could be discharged by motion, but only the 
  reporting committee could call it up; if both committees report, the 
  resolution could be called up by direction of one or both of the 
  committees.

                    Three-day Availability Requirement

      The consideration of a resolution of inquiry in the House is 
  ordinarily subject to the three-day availability requirements of the 
  House rules (Manual Sec. 715), but the House has considered it on the 
  day reported where no point of order was raised thereto (92-1, June 
  30, 1971, p 23030), or pursuant to a unanimous-consent request (93-1, 
  May 9, 1973, pp 14990-94).

                              Debate; Motions

      The Member calling up a privileged resolution of inquiry reported 
  from committee is recognized to control one hour of debate. 92-1, July 
  7, 1971, pp 23807-10; 92-1, Oct. 20, 1971, pp 37055-57. Debate is 
  under the hour rule whether the resolution is reported from committee 
  (96-1, June 14,

[[Page 803]]

  1979, p 14951), or is before the House pursuant to a motion to 
  discharge (94-1, Sept. 29, 1975, p 30748).
      A motion to table will lie against a pending resolution of 
  inquiry, whether reported favorably (96-2, Sept. 10, 1980, pp 24948 et 
  seq.), or adversely (92-1, Sept. 30, 1971, p 34266; 92-2, Aug. 16, 
  1972, p 28365). The motion to table is preferential (92-1, June 30, 
  1971, p 23030); it is in order during debate on the resolution (92-1, 
  July 7, 1971, pp 23807-10; 92-1, Oct. 20, 1971, pp 37055-57) if made 
  by the manager of the resolution (96-2, Sept. 10, 1980, p 24960) or by 
  another Member if not taking the manager from his feet.

                           Effect of Adjournment

      A resolution of inquiry undisposed of by the House at adjournment 
  at the end of the day retains its privilege and is the unfinished 
  business when that class of business is again in order under the 
  rules. 6 Cannon Sec. 412. On that day, the resolution is again called 
  up and may be debated de novo. 96-1, June 14, 1979, p 14951; 96-1, 
  June 15, 1979, p 15027.


  Sec. 6 . Privilege of Resolution

      For a resolution of inquiry to have a privileged status, or for 
  the motion to discharge to have that status, the resolution must be 
  addressed to the President (3 Hinds Sec. 1854) or to a member of his 
  Cabinet (6 Cannon Sec. 406). To be privileged, the resolution should 
  not present a preamble (3 Hinds Secs. 1877, 1878; 6 Cannon Secs. 422, 
  427). It must seek facts rather than opinions (Sec. 7, infra), and 
  must not require an investigation (3 Hinds Secs. 1872-1874; 6 Cannon 
  Secs. 427, 429, 432; 93-1, Mar. 6, 1973, pp 6383-85). A resolution may 
  be held to require an investigation where it calls for information 
  which is not within the purview of the executive to whom the 
  resolution is addressed. 3 Hinds Sec. 1874; 6 Cannon Sec. 410. The 
  point of order that a resolution of inquiry is not privileged should 
  be raised after the resolution has been read but before debate 
  thereon. 72-1, Feb. 5, 1932, p 3453.


  Sec. 7 . -- Resolutions Calling for Opinions

      A resolution of inquiry, to enjoy privileged status, should seek 
  factual information only; it may not be considered as privileged where 
  it calls for an opinion (3 Hinds Secs. 1872, 1873; 6 Cannon Sec. 413; 
  Deschler Ch 15 Sec. 2; 93-1, Mar. 6, 1973, pp 6383-85), or for such 
  facts as would inevitably require the statement of an opinion to 
  answer the inquiry (69-1, Feb. 11, 1926, p 3805). A request for 
  documents only is normally construed not to require an expression of 
  opinion.

[[Page 804]]

      Resolutions of inquiry have been called up as privileged where 
  they have sought:

     Information in possession of the Department of Justice 
         relative to a certain kidnapping case, including the names of 
         those questioned in the investigation. 74-1, May 16, 1935, p 
         7687.
     Documents containing a list of public school systems receiving 
         federal aid which bus school children to achieve racial balance 
         or indicating the use of federal funds for such busing. 92-1, 
         Aug. 2, 1971, pp 28863-69.
     Defense Department documents regarding U.S. military 
         assistance to certain nations. 92-1, Aug. 3, 1971, p 29060-64.
     Information from the Secretary of State regarding a U.S. 
         military alert ordered in October, 1973. 93-2, Apr. 9, 1974, p 
         10177.
     Information from the Secretary of Defense relative to 
         congressional support for the C-5B aircraft. 97-2, Aug. 3, 
         1982, p 18947.
     Information from the President relative to U.S. activities in 
         Honduras and Nicaragua. 98-1, May 4, 1983, p 11097.
     Information from the President relating to U.S. supplies of 
         crude oil and refined petroleum products. 96-1, June 14, 1979, 
         p 14951.
     Evidence compiled by the Department of Justice and the FBI in 
         connection with the ABSCAM investigation (relating to bribery 
         of certain Members and other public officials), and information 
         on the amount of federal spending thereon. 96-2, Feb. 27, 1980, 
         pp 4071, 4078.

      Resolutions of inquiry have lost their privileged status because 
  they sought opinions rather than facts where they called for:

     The names of those certifying to an appointment unless the 
         disclosure would be ``distressing'' to anyone named. 72-1, Feb. 
         5, 1932, p 3453.
     An ``analyses'' of a country's past and present military 
         capability. 92-1, July 7, 1971, p 23816.
     The rationale for American involvement in South Vietnam. 
         Deschler Ch 15 Sec. 2.1.
     The extent of damage to facilities struck by bombs. 93-1, Mar. 
         6, 1973, pp 6383-85.


  Sec. 8 . Executive Branch Responses

      Resolutions of inquiry have ordinarily been complied with pursuant 
  to principles of comity between the branches of government. Deschler 
  Ch 15 Secs. 2, 3. Responses submitted to the House by the officer 
  named in the resolution are laid before the House and referred to the 
  committee or committees reporting the resolution. 96-2, Sept. 17, 
  1980, p 25887.
      The House rules contain no specific provision for enforcing 
  resolutions of inquiry and there have been a number of instances in 
  which the officer named has refused or declined to provide some or all 
  of the information sought. See, for example, 6 Cannon Secs. 434, 435. 
  In such cases the House

[[Page 805]]

  may renew its inquiry (3 Hinds Sec. 1890) or demand a further or more 
  complete answer (3 Hinds Sec. 1891; 6 Cannon Sec. 435). As to the 
  power of the House to issue subpenas and to enforce them pursuant to 
  contempt procedures, see Contempt Power.



[[Page 807]]

 
                     RULES AND PRECEDENTS OF THE HOUSE

  Sec. 1. In General
  Sec. 2. Binding Effect
  Sec. 3. Construction
  Sec. 4. Changing or Waiving Rules
        Research References
          8 Cannon Secs. 3376-3396
          1 Deschler, Preface, Ch 5 Secs. 1-7
          Manual Secs. 59, 60, 283-286, 387, 388, 686a
          U.S. Const. art. I Sec. 5

  Sec. 1 . In General

                             Adoption of Rules

      The Constitution empowers each House to determine its rules of 
  proceedings. U.S. Const. art. I Sec. 5. The House may not by its rules 
  ignore constitutional restraints or violate fundamental rights, and 
  there should be a reasonable relation between the mode or method of 
  proceeding established by the rule and the result which is sought to 
  be obtained. But within these limitations, the House is free to adopt 
  such rules as it sees fit. Yellin v United States, 374 U.S. 109 
  (1963).
      It is customary for the House at the beginning of each Congress to 
  adopt the rules by which it is to be governed during its meetings. In 
  so doing, the House will ordinarily adopt the rules applicable in the 
  previous Congress with such amendments as it considers necessary. 86-
  1, Jan. 27, 1959, p 1209; 88-1, Jan. 9, 1963, pp 14, 20; 99-1, Jan. 3, 
  1985, pp 393 et seq. Such rules are adopted or amended pursuant to a 
  simple resolution which is called up as privileged. 103-1, Jan. 5, 
  1993. See also 87-1, Sept. 22, 1961, p 20823; 88-1, Jan. 9, 1963, pp 
  14, 20; 93-1, Mar. 7, 1973, pp 6713-20; 99-1, Jan. 3, 1985, p 393. 
  Generally, see Assembly of Congress. Changes in the rules from the 
  prior Congress normally emanate from the conference or caucus of the 
  party which commands a majority and thus has the responsibility for 
  organizing the House.
      Even before adoption of rules, it is in order to consider, as 
  privileged, a resolution in the nature of a special order which makes 
  in order the subsequent consideration of a resolution adopting the 
  rules for the newly organized House. See 104-1, Jan. 4, 1995, p ____. 
  See also 5 Hinds' 5450.

[[Page 808]]

      When a member of the majority party offers a resolution providing 
  rules for the new Congress:

     The resolution is debatable for one hour.
     The resolution is not subject to amendment unless the previous 
         question is rejected or the manager of the resolution yields 
         for an amendment (Deschler Ch 1 Sec. 10.9).
     A motion to refer (with instructions) is in order before 
         debate begins, but this motion is subject to being laid on the 
         table. 103-1, Jan. 5, 1993, p ____.
     A motion to commit is in order pending or following the 
         ordering of the previous question. 5 Hinds Sec. 5604; 102-1, 
         Jan. 3, 1991, p ____; 104-1, Jan. 4, 1995, p ____.
     A majority vote is required to pass a resolution adopting 
         rules for a new Congress.

      The right of the House to determine the rules of its proceedings 
  may not be impaired by repetition of dilatory motions. 5 Hinds 
  Sec. 5707.

                                Publication

      The standing rules of the House are published each Congress in the 
  House Rules and Manual pursuant to resolution. See for example H. Res. 
  580, Oct. 7, 1994. This comprehensive volume also includes, among 
  other pertinent material, Jefferson's Manual, which was prepared by 
  Thomas Jefferson for his own guidance as President of the Senate from 
  1797 to 1801. These provisions still govern the proceedings of the 
  House where applicable and not inconsistent with the standing rules 
  and orders of the House. Rule XLII. Manual Sec. 938.

                      Statutory Rules and Joint Rules

      In some cases, Congress has enacted statutes setting forth rules 
  and procedures to be followed in the House in considering certain 
  kinds of legislation. A noteworthy example is the Congressional Budget 
  and Impoundment Control Act of 1974. Such statutes are enacted as an 
  exercise of the rule-making power of Congress, are reincorporated by 
  reference in the preface of the resolution adopting the rules as a 
  part of the rules of each House, and are carried in the House Rules 
  and Manual. Sec. 1013. Deschler Ch 5 Sec. 3.
      Joint rules, although in common use until 1876, are rarely used 
  today. For a recent example, see 91-1, Jan. 3, 1969, p 36, relating to 
  the count of electoral votes.

                    Rules Based on Precedent or Custom

      As Asher Hinds noted in his work on the precedents of the House, 
  much of what is known as parliamentary law is not part of the formal 
  writ-

[[Page 809]]

  ten rules of the House, but springs from precedent or long-standing 
  custom. 1 Hinds p iii. Such precedent may be invoked to resolve a 
  procedural question in the absence of an express written rule on the 
  subject. Deschler Ch 5 Sec. 3. See also 1 Deschler, Preface, pp. iii-
  xiv. More frequently the precedents of the House are used to show the 
  scope and application of one of its formal rules. A noteworthy example 
  is the House germaneness rule, which is set forth in less than a 
  sentence in Rule XVI clause 7, yet has been interpreted through 
  thousands of precedents since its adoption in 1789. See Manual 
  Secs. 794-800; Deschler-Brown Ch 28.
      The precedents of the House, which are based primarily on the 
  rulings of the Speaker or Chairman of the Committee of the Whole, are 
  compiled in Hinds' Precedents (1907), Cannon's Precedents (1936), 
  Deschler's Precedents (1977) and Deschler-Brown Precedents. Such 
  compilations have been authorized by law (70 Stat. 270; 88 Stat. 
  1777).


  Sec. 2 . Binding Effect

      Parliamentary law--a term that encompasses both formal rules and 
  usages--has come to be recognized as binding on the assembly and its 
  members except as it may be varied by the adoption by the membership 
  of special rules or through some other authorized procedural device. 
  Landes v State ex rel Matson, 160 Ind. 479, 67 NE 189.
      On the theory that a government of laws is preferable to a 
  government of men, the House has repeatedly recognized the importance 
  of following its precedents and obeying its well-established 
  procedural rules. See, for example, 2 Hinds Sec. 1317. The House 
  adheres to settled rulings, and will not lightly disturb procedures 
  which have been established by prior decision of the Chair. 1 Deschler 
  p vi. Of course, the Speaker is not required to follow precedents 
  blindly or mindlessly; the Speaker or Chairman may refuse to follow a 
  precedent even though it is relevant to a pending question, where it 
  is the only precedent on the point, and was not carefully reasoned. 6 
  Cannon Sec. 48.


  Sec. 3 . Construction

      It is the duty of the Chair, when a timely point of order is 
  raised, to determine whether language in a pending bill or amendment 
  conforms to the rules of the House, although the Chair may properly 
  decline to do so where points of order against the provisions have 
  been waived by special rule. 93-1, May 10, 1973, pp 15290, 15291. In 
  construing a rule, the Speaker may look beyond its terms and consider 
  all the facts and circumstances in order to determine the intention of 
  the House in adopting the rule. Deschler Ch

[[Page 810]]

  5 Sec. 6.3. In construing the rules, the Chair may be guided by the 
  general principle that the object of a parliamentary body is action, 
  and not stoppage of action. 92-2, Oct. 3, 1972, p 33503.
      The absence of a formal rule governing a particular procedure does 
  not necessarily mean that the procedure is permitted. Indeed, acts or 
  proceedings not expressly authorized by the rules may be deemed 
  inconsistent with, or in violation of, the rules. Deschler Ch 5 
  Sec. 6.4.
      Where two rules of the House are in conflict, the last one adopted 
  controls. Deschler Ch 5 Sec. 6.1. Similarly, where the rules of the 
  House and a subsequent legislative enactment are not consistent, the 
  enactment must prevail. 87-1, Sept. 5, 1961, p 18133. By the same 
  token, a rule adopted after an enactment may supersede those 
  provisions of the statute which would otherwise govern House 
  procedure. Deschler Ch 5 Sec. 6.


  Sec. 4 . Changing or Waiving Rules

                                 Generally

      Pursuant to its authority under the Constitution (art. I Sec. 5) 
  the House may change or waive the rules governing its proceedings, and 
  this is so even with respect to rules enacted by statute (94-1, Mar. 
  20, 1975, p 7677; 95-1, Nov. 1, 1977, pp 36310, 36311). Once the rules 
  have been adopted at the convening of the House in a new Congress, 
  further amendments to the rules are generally implemented by 
  resolution. And a rule may in effect be suspended or modified through 
  the use of certain procedural devices, such as a unanimous-consent 
  request. Deschler Ch 5 Sec. 5.
      A motion to amend the rules of the House does not present a 
  question of ``constitutional'' privilege. 8 Cannon Sec. 3377. And a 
  question of the privileges of the House may not be invoked to effect a 
  change in the rules of the House or their interpretation. 100-2, Sept. 
  9, 1988, p 23298; 102-2, July 30, 1992, p ____. Generally, see 
  Questions of Privilege.
      The effect of a proposed change in the rules is a matter for 
  debate and not within the jurisdiction of the Chair to decide on a 
  parliamentary inquiry during its pendency. 90-1, Apr. 25, 1967, pp 
  10708-12.
      For the motion to suspend the rules, see Suspension of Rules.

                               By Resolution

      Amendments to the rules are generally offered in the form of a 
  privileged resolution reported and called up by the Committee on 
  Rules. Such a resolution may not be amended unless the Member in 
  charge yields for that purpose or the previous question is voted down. 
  Deschler Ch 5 Sec. 5.8. The resolution may be considered in the 
  Committee of the Whole, pursuant

[[Page 811]]

  to the terms of a special order reported from the Committee on Rules. 
  Deschler Ch 5 Sec. 5.6.
      Although a resolution from the Committee on Rules to amend a House 
  rule is privileged (Deschler Ch 5 Sec. 5.1), a resolution offered from 
  the floor to amend a House rule is not privileged for consideration as 
  against a demand that business proceed in the regular order (8 Cannon 
  Sec. 3377).
      The discharge rule (Rule XXVII clause 3) has also been used to 
  bring a proposed rules change before the House. 103-1, Sept. 28, 1993, 
  p ____.

                           By Unanimous Consent

      Minor changes in the standing rules are frequently considered by 
  unanimous consent. Deschler Ch 5 Sec. 5.2. And the House may by 
  unanimous consent waive the requirements of a particular rule unless 
  the rule itself provides that it is not subject to waiver even by 
  unanimous consent. 91-2, July 29, 1970, p 24619.

                             By Special Order

      The House has the power to adopt a special rule from the Committee 
  on Rules which has the effect of setting aside the standing rules of 
  the House insofar as they impede the consideration of a particular 
  bill. 90-1, Nov. 28, 1967, p 34038. The special rule may waive one or 
  more--or indeed all--points of order against a particular bill. For 
  example, the special order may waive points of order that could 
  otherwise be raised against legislative provisions in an appropriation 
  bill, points of order based on the germaneness requirement, or points 
  of order based on the Ramseyer rule. Deschler Ch 5 Sec. 7. For a full 
  discussion of special orders, see Special Rules.



[[Page 813]]

 
                SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES

           I. Disposition of Senate Bills on the Speaker's Table

  Sec.  1. In General
  Sec.  2. By Motion
  Sec.  3. By Unanimous Consent
  Sec.  4. By Special Rule
  Sec.  5. Referral to Committee
  Sec.  6. -- Speaker's Discretion

                           II. Senate Amendments

              A. Before the Stage of Disagreement

  Sec.  7. In General; Referral to Standing Committees
  Sec.  8. Consideration in the House
  Sec.  9. Consideration in Committee of the Whole
  Sec. 10. Consideration by House Order
  Sec. 11. -- By Special Rule
  Sec. 12. -- By Unanimous Consent
  Sec. 13. -- By Suspension of the Rules
  Sec. 14. -- By Sending to Conference
  Sec. 15. Motions; Precedence Before Disagreement

              B. Reaching the Stage of Disagreement

  Sec. 16. In General

              C. After the Stage of Disagreement; Motions

  Sec. 17. In General; Privilege of Motions
  Sec. 18. Motions in Order; Precedence of Motions
  Sec. 19. -- To Lay on the Table
  Sec. 20. -- To Recede and Concur
  Sec. 21. -- To Recede and Concur with an Amendment
  Sec. 22. -- To Insist
  Sec. 23. -- To Refer to Committee
  Sec. 24. -- To Adhere
  Sec. 25. Debate; Recognition

[[Page 814]]

  Sec. 26. Disposition of Nongermane Senate Provisions

                 III. House Amendments to Senate Measures

  Sec. 27. In General; Degree of Amendment
  Sec. 28. Germaneness Requirements
  Sec. 29. Amending House-passed Amendments; Receding, Insisting, 
  Adhering
        Research References
          4 Hinds Secs. 3090, 3108-3110
          5 Hinds Secs. 4795-4808, 6163-6253, 6308, 6310, 6324
          6 Cannon Sec. 730
          7 Cannon Secs. 799, 819, 825
          8 Cannon Secs. 3177-3208, 3211
          Manual Secs. 485-488, 519, 522-529, 797, 828, 882, 883, 913

           I. Disposition of Senate Bills on the Speaker's Table


  Sec. 1 . In General

      The House and Senate must agree on every detail of a bill before 
  it can be enrolled and presented to the President. See U.S. Const. 
  art. 1 Sec. 7. Even the most magnificant phrase of the Senate text 
  must receive the concurrence of the House. 5 Hinds Sec. 6233.
      Senate bills and joint resolutions messaged from the Senate to the 
  House go to the Speaker's table for disposition pursuant to Rule XXIV 
  clause 2. Under this rule many Senate bills are referred by the 
  Speaker to the appropriate standing committees in the same manner as 
  public bills introduced by the Members. Manual Secs. 882, 883. 
  However, Senate bills not requiring consideration in the Committee of 
  the Whole, and which are ``substantially the same'' as House bills 
  which have been reported by a standing committee, and on the House 
  Calendar, may be ``at once disposed of'' in the House on motion 
  authorized by that committee. Rule XXIV clause 2. (See Sec. 2, infra.) 
  Senate bills that do not satisfy the conditions specified by that rule 
  may be called up pursuant to a unanimous-consent request or a special 
  order from the Committee on Rules (Secs. 3, 4, infra), but not by 
  motion (95-2, Feb. 23, 1978, p 4480). Simple resolutions of the Senate 
  that do not require House action are not referred. 7 Cannon Sec. 1048.

[[Page 815]]

  Sec. 2 . By Motion

                                 Generally

      A Senate bill, received in the House after a House bill 
  ``substantially the same'' has been reported favorably and placed on 
  the House Calendar, is privileged, and may be called up from the 
  Speaker's table for consideration on motion directed by the committee 
  having jurisdiction of the House bill. 6 Cannon Secs. 727, 734. This 
  motion is specifically authorized by Rule XXIV clause 2 (Manual 
  Sec. 882), which applies to both private and public Senate bills (4 
  Hinds Sec. 3101), and to concurrent resolutions as well (4 Hinds 
  Sec. 3097). The fact that a House bill substantially the same as the 
  Senate bill has already passed the House and gone to the Senate does 
  not detract from the privilege of the Senate bill under the rule. 6 
  Cannon Sec. 734.
      The motion to call up the Senate bill is not subject to the 
  question of consideration (8 Cannon Sec. 2443) and is not voted on, 
  but is subject to a point of order if the conditions specified by the 
  rule are not satisfied. The prerequisites of the rule are:

     The Senate bill must be substantially the same as the House 
         bill. 4 Hinds Secs. 3098, 3099, 3107-3111; 6 Cannon Sec. 737.
     The Senate bill must not require consideration in the 
         Committee of the Whole. 8 Cannon Sec. 3101.
     The Senate bill must come to the House after and not before (6 
         Cannon Sec. 738) the House bill is placed on the calendar. 4 
         Hinds Sec. 3096.
     The House bill must be correctly on the House Calendar (not 
         the Union Calendar). 4 Hinds Secs. 3089, 3097.
     The House committee reporting the House bill must authorize 
         the calling up of the Senate bill from the Speaker's table. 6 
         Cannon Sec. 739.

      In determining whether the House bill is substantially the same as 
  the Senate bill, amendments recommended by the House committee must be 
  considered. 6 Cannon Secs. 734, 736. Although a committee must 
  authorize the calling up of the Senate bill (6 Hinds Sec. 739), the 
  actual motion need not be made by a member of the committee (4 Hinds 
  Sec. 3100). The authority of a committee to call up a bill must be 
  given at a formal meeting of the committee. 8 Cannon Sec. 2211, 2212.

                                   Form

      The Member authorized by the committee to call up the Senate bill 
  rises and addresses the Chair:

      Member: Mr. Speaker, by direction of the Committee on __________, 
    I call up from the Speaker's table Senate bill S. ____, a bill of 
    similar tenor, H.R. ____, having been reported and placed on the 
    House Calendar.

[[Page 816]]

      Speaker: The gentleman calls up from the Speaker's table the bill 
    S. ____, which the Clerk will report.

                            Floor Consideration

      Senate bills when called up under this procedure are considered 
  under the regular rules of the House, the Member in charge being 
  recognized for one hour (see 6 Cannon Sec. 738):

     The bill is read in full.
     The Member in charge uses or allots the hour to which he is 
         entitled.
     Any Member having the floor by right during debate may offer 
         amendments.
     At the expiration of the first hour if the previous question 
         is not moved another Member may be recognized for an hour.


  Sec. 3 . By Unanimous Consent

      A Senate measure--a bill or joint or concurrent resolution--may be 
  taken from the Speaker's table and called up for consideration in the 
  House by unanimous consent. 94-1, Apr. 9, 1975, p 9520; 92-1, Sept. 
  28, 1971, p 33715; 88-2, Jan. 8, 1964, p 145. Consideration in the 
  House by unanimous consent is permitted even where the Senate measure 
  would ordinarily require consideration in the Committee of the Whole. 
  95-2, Feb. 23, 1978, p 4480.
      Normally, a unanimous-consent request to consider a Senate bill on 
  the Speaker's table merely involves consideration of a bill in the 
  House under the hour rule, and does not include the pendency of any 
  particular amendment as part of the request. However, a unanimous-
  consent request to consider the Senate bill may include a provision 
  that a specified amendment be considered as pending. 97-2, Oct. 1, 
  1982, pp 27362, 27365-68. The House may also agree to a unanimous-
  consent request to take a Senate bill from the Speaker's table and to 
  move to strike out all after the enacting clause and insert in lieu 
  thereof certain text. 94-2, Aug. 31, 1976, pp 28463, 28464.


  Sec. 4 . By Special Rule

      The House may adopt a special rule (a resolution reported from the 
  Committee on Rules) which provides that a Senate bill be taken from 
  the Speaker's table for consideration in the House. 94-1, Nov. 14, 
  1975, p 36638. Thus, a Senate bill at the Speaker's table which 
  requires consideration in the Committee of the Whole may be called up 
  for consideration in the House pursuant to a special rule. 95-2, Feb. 
  23, 1978, p 4480.

[[Page 817]]

      A special rule permitting consideration of a Senate bill from the 
  Speaker's table in the House may preclude intervening motions (except 
  for the motion to recommit protected by Rule XVI clause 4) or make in 
  order an amendment with the previous question considered as ordered on 
  the amendment. 98-2, Aug. 8, 1984, p 23049. In one instance, where the 
  Senate had passed a bill dealing with two subjects and the House had 
  then passed separate bills on each subject, the House by a special 
  rule amended the Senate bill with the combined texts of both House-
  passed bills. 93-2, Aug. 21, 1974, p 29654.


  Sec. 5 . Referral to Committee

      Senate bills may be referred to committees in the same manner as 
  public bills originating in the House. If not disposed of by special 
  rule or other House order, Senate bills on the Speaker's table may be 
  referred to appropriate committee(s) by the Speaker unless qualified 
  for consideration ``at once'' under Rule XXIV clause 2 (Manual 
  Sec. 882). 6 Cannon Sec. 727. Simple resolutions from the Senate that 
  do not require any action by the House are not referred. 7 Cannon 
  Sec. 1048. Referral of House bills with Senate amendments, see Sec. 7, 
  infra.


  Sec. 6 . -- Speaker's Discretion

      The Speaker has the discretion to refer Senate bills on the 
  Speaker's table to standing committees under any conditions permitted 
  by clause 5 of Rule X. See Sec. 7, infra. While it is the practice to 
  refer promptly bills messaged from the Senate, it has been held that 
  the rule requiring reference is merely directory and not mandatory and 
  that the length of time such bills may remain on the Speaker's table 
  before being referred is within the Speaker's discretion. 6 Cannon 
  Sec. 727.

                           II. Senate Amendments

                    A. Before the Stage of Disagreement


  Sec. 7 . In General; Referral to Standing Committees

                         Referrals By the Speaker

      Senate amendments to House bills messaged from the Senate go to 
  the Speaker's table, ultimately to be disposed of by unanimous 
  consent, by special rule, or by motion. But before consideration of 
  any motions to dispose of Senate amendments, the Speaker has the 
  discretionary authority, under clause 2 of Rule XXIV (Manual 
  Sec. 882), to refer such amendments to the

[[Page 818]]

  appropriate committees, with or without a time limitation for 
  committee consideration. See also Manual Sec. 528b.
      The Speaker's authority includes the discretion to refer a Senate 
  amendment from the Speaker's table to one or more standing committees 
  under any conditions permitted by clause 5 of Rule X for the referral 
  of introduced bills. He may for example refer only a portion of the 
  Senate amendment to the standing committee with subject-matter 
  jurisdiction, without referring the remainder of the Senate amendment 
  to the committee with jurisdiction over the original House bill. 97-1, 
  Mar. 26, 1981, p 5397.
      The Speaker's referral authority may also be invoked with respect 
  to Senate amendments which remain undisposed of after House action. 
  But he may permit the amendments to remain on the Speaker's table to 
  await further action by the House. 91-2, June 17, 1970, pp 20159, 
  20198-200. Likewise, if objection is made to a unanimous-consent 
  request to disagree to the amendments and agree to a conference, the 
  Speaker is not required to send the bill and amendments directly to 
  the legislative committee having jurisdiction thereof, but may hold 
  the bill on the table until the Committee on Rules has an opportunity 
  to act or until the House takes other action. 87-1, Mar. 29, 1961, p 
  5288; 87-1, Sept. 26 [Legislative Day, Sept. 25], 1961, p 21475.

                             Motions to Refer

      A motion to refer a Senate amendment under debate may be initiated 
  by a Member pursuant to Rule XVI clause 4 (Manual Sec. 782). That 
  motion takes precedence over the motions to agree, disagree or amend. 
  5 Hinds Secs. 6172-6174. Manual Sec. 528b. The motion to refer is in 
  order even after the previous question has been ordered on a motion to 
  agree to the Senate amendment. 5 Hinds Sec. 5575.

                         Referrals By Special Rule

      A Senate amendment may be referred to a standing committee 
  pursuant to the terms of a special rule from the Committee on Rules. 
  87-1, Sept. 26, 1961, p 21475.


  Sec. 8 . Consideration in the House

      House bills with Senate amendments which do not require 
  consideration in a Committee of the Whole may be at once disposed of 
  in the House as the House may determine. Rule XXIV clause 2 (Manual 
  Sec. 882). This rule is applied to Senate amendments to House 
  amendments as well as Senate amendments to House bills. 86-2, Aug. 30, 
  1960, p 18357. The Senate amendments that may be directly called up 
  under this rule are few in num-

[[Page 819]]

  ber, because the vast majority involve a charge against the Treasury 
  and therefore require consideration in the Committee of the Whole. 
  Manual Sec. 528a.


  Sec. 9 . Consideration in Committee of the Whole

      House bills with Senate amendments which require consideration in 
  Committee of the Whole may not be called up in the House as privileged 
  for immediate consideration. 6 Cannon Sec. 731. The stage of 
  disagreement not having been reached on Senate amendments requiring 
  consideration in the Committee of the Whole, motions in the House to 
  dispose of the amendments are not inherently privileged, the only 
  exception being a motion to ask or agree to a conference under Rule XX 
  clause 1. 95-1, Dec. 7, 1977, p 38721. See also 98-2, Oct. 11, 1984, p 
  32308; 4 Hinds Secs. 3149, 3150; 8 Cannon Secs. 3185, 3194. Reaching 
  the stage of disagreement, see Sec. 16, infra.
      An amendment of the Senate to a House bill is subject to the point 
  of order that it must first be considered in the Committee of the 
  Whole if, originating in the House, it would be subject to that point. 
  Rule XX clause 1. Manual Sec. 827. The point of order permitted by 
  this rule applies only before the stage of disagreement has been 
  reached on the Senate amendment; it is too late to raise a point of 
  order that Senate amendments should have been considered in Committee 
  of the Whole after the House has disagreed thereto and the amendments 
  have been reported from conference. 89-2, Oct. 20, 1966, pp 28240-45; 
  94-1, Dec. 4, 1975, p 38714.
      Because of these restrictions against immediate consideration of 
  Senate amendments in the House, it was at one time a common practice 
  to refer such amendments to the appropriate standing committee(s). 6 
  Cannon Sec. 731. After committee consideration, they were taken up in 
  the Committee of the Whole. 4 Hinds Secs. 3108-3110. Under the modern 
  practice, most Senate amendments are disposed of by a special order 
  reported form the Committee on Rules, or by unanimous consent under 
  suspension. Secs. 11-13, infra.


  Sec. 10 . Consideration by House Order

      If the House agrees to a request to take up a Senate amendment at 
  this stage, and if the request specifies the disposition sought--to 
  concur, to amend,or to disagree--only that action is in order. Such a 
  special request does not place the Senate amendment before the House 
  for any alternative dispositions. If, on the other hand, a Senate 
  amendment is placed before the House (by unanimous consent, a 
  suspension motion, or a special rule) ``for consideration,'' then 
  various actions relating to the amendment are possible.

[[Page 820]]

  The Senate amendment is under debate, and motions to concur with an 
  amendment, to concur, or to disagree are all possibilities. A motion 
  to concur with an amendment can itself be amended, if the previous 
  question is rejected, to propose another amendment. Similarly, where 
  the House has adopted a special rule providing for the consideration 
  of a motion to concur in Senate amendments which require consideration 
  in the Committee of the Whole, only the motion to concur, made in 
  order by the special rule, is in order, and other motions to dispose 
  of the Senate amendments may not be offered as privileged pending or 
  even after rejection of that motion. The rejection of such a motion 
  does not result in disagreement to that amendment or permit 
  disposition of that amendment by other motions (the stage of 
  disagreement not having been reached). 95-1, Dec. 7, 1977, p 38724.


  Sec. 11 . -- By Special Rule

                                 Generally

      Resolutions from the Committee on Rules may be used to authorize 
  the consideration of a motion to dispose of a Senate amendment prior 
  to the stage of disagreement. 98-2, Oct. 11, 1984, p 32149; 99-1, Dec. 
  11, 1985, p 35989. Thus, the Committee on Rules may report out a 
  special rule taking a House bill with Senate amendments (requiring 
  consideration in the Committee of the Whole) from the Speaker's table 
  and make in order the consideration of such amendments in the House. 
  95-1, Dec. 7, 1977, pp 38780-86. Illustrative rules from the Committee 
  on Rules have provided for:

     The consideration of a motion to concur in a Senate amendment. 
         95-1, Dec. 7, 1977, p 38724.
     The consideration of a motion, if offered by the chairman of 
         the committee with jurisdiction, to take a House-passed bill 
         from the Speaker's table with a Senate amendment and to concur 
         in the Senate amendment with an amendment. 98-2, Oct. 11, 1984, 
         p 32149.
     A motion in the House, if offered by a designated Member or 
         his designee, to amend a Senate amendment to a House joint 
         resolution on the Speaker's table with the text of an amendment 
         printed in the Record. 99-1, Dec. 11, 1985, p 35989.
     The consideration in the House of a motion to take from the 
         Speaker's table a House measure with Senate amendments thereto 
         and concur in the Senate amendments without intervening motion. 
         95-1, Dec. 7, 1977, p 38721.

[[Page 821]]

     Disagreeing to Senate amendments and for messaging such action 
         to the Senate without intervening motion. 93-1, Nov. 29, 1973, 
         p 38675.
     The consideration of a reported bill and for the 
         consideration, after passage, of Senate amendments to another 
         House bill, so as to commit the matters contained in both 
         House-passed bills to one conference with the Senate. 95-2, 
         Sept. 29, 1978, p 32664.

      If the previous question is voted down on a resolution providing 
  for consideration of the Senate amendments, the resolution is open to 
  germane amendment. 91-2, June 17, 1970, pp 20159, 20198-200.
      Should a resolution providing for concurring in Senate amendments 
  to a House bill be rejected, the bill and amendments remain on the 
  Speaker's table for further action by the House. 91-2, June 17, 1970, 
  pp 20159, 20198-200.

                       Self-executing Special Orders

      A recent trend in House-Senate relations has been the use of so-
  called ``self-executing'' special orders--that is, resolutions from 
  the Committee on Rules which, if adopted by the House, make some 
  legislative disposition of a Senate amendment, and eliminate the need 
  for a motion to agree with, recede from, or otherwise dispose of the 
  amendment. Such resolutions are sometimes referred to as ``hereby'' 
  special orders because the House, in adopting the resolution as 
  drafted, ``hereby'' agrees to the disposition of the amendment as 
  proposed by that resolution. If the House adopts a resolution which by 
  its terms takes a House bill with a Senate amendment from the 
  Speaker's table and ``hereby'' agrees to that amendment (see, for 
  example, 99-1, Mar. 5, 1985, p 4347), no further action by the House 
  is required, and the amendment is never itself before the House for 
  separate consideration. See Deschler's Ch 21 Secs. 27.16, 27.19. In 
  one recent instance, the special order disposed of Senate amendments 
  to a House concurrent resolution on the Speaker's table in three ways: 
  (1) by disagreeing to several designated amendments; (2) by agreeing 
  with a specified amendment to one Senate amendment; and (3) by 
  agreeing to the remainder of the Senate amendments. 99-2, Oct. 17, 
  1986, p 32982.
      Special orders of this nature may include provisions for a motion 
  to dispose of a Senate amendment as well as ``self-executing'' 
  provisions applicable to a related proposition. 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 be ``hereby'' considered as 
  adopted, which special order if adopted would abrogate the requirement 
  of Rule XX. Manual Sec. 828a. In one instance, a resolution permitted 
  a separate motion to concur in a Senate

[[Page 822]]

  amendment prior to the stage of disagreement and also contained a 
  ``self-executing'' provision adopting a separate resolution expressing 
  the legislative intent of the House in concurring in the Senate 
  amendment. 99-2, Sept. 12, 1986, p 23119.


  Sec. 12 . -- By Unanimous Consent

                                 Generally

      Senate amendments may be considered in the House by unanimous 
  consent (89-1, Oct. 19, 1965, p 27412), even though such amendments 
  would normally require consideration in Committee of the Whole. 86-2, 
  Sept. 1, 1960, p 18920; 87-1, July 31, 1961, p 14050; 87-2, Aug. 8, 
  1962, pp 15854, 15856. Typically, the House will agree by unanimous 
  consent to take from the Speaker's table a House bill with Senate 
  amendments and concur in or otherwise dispose of the amendments or 
  permit the consideration of those amendments in the House. 88-1, Dec. 
  20, 1963, p 25365; 89-1, Oct. 19, 1965, p 27412. It may make such 
  consideration in order on a future day. 95-2, Oct. 11, 1978, p 35736.
      This procedure may be invoked to permit the House to consider a 
  Senate amendment and concur in the Senate amendment with an amendment 
  consisting of the text of a House-passed bill. 95-1, May 11, 1977, pp 
  14390 et seq. In one instance, pursuant to a single unanimous-consent 
  request, the House amended a Senate amendment with the text of another 
  bill introduced in the House, insisted on the House amendment, and 
  requested a conference. 97-2, Mar. 16, 1982, p 4227. In a more recent 
  instance, the House by unanimous consent made in order the 
  consideration of a motion to disagree to any Senate amendment which 
  might be added to a House-passed bill then pending in the Senate. 
  Subsequently, pursuant to this authority, the House considered and 
  adopted a motion disagreeing to a Senate amendment. 99-2, Aug. 15, 
  1986, p 22132.

                        Guidelines for Recognition

      Recognition for unanimous consent to consider a Senate amendment 
  on the Speaker's table may be subject to announced guidelines imposed 
  by the Speaker as a pre-condition to such recognition. In recent 
  years, the Speaker has indicated that he would entertain a unanimous-
  consent request for the disposition of a Senate amendment to a House-
  passed bill on the Speaker's table only if made by the chairman of the 
  committee with jurisdiction, or by another member of the committee 
  authorized formally or informally by the committee to make the 
  request. Committee authorization of a Member to seek unanimous consent 
  in the House to dispose of such amendments

[[Page 823]]

  need not necessarily be the result of an official vote of the 
  committee, but may be informally communicated to the Chair by the 
  committee chairman. See for example, 98-2, Apr. 26, 1984, p 10194; 
  100-1, Feb. 4, 1987, p 2675.

                Form of Request as Affecting Recorded Votes

      The pendency of a unanimous-consent request to take from the 
  Speaker's table a measure with a Senate amendment and concur in the 
  amendment precludes a demand for a roll call vote on the amendment, 
  since it would be disposed of if the request is granted. 92-1, June 
  30, 1971, p 23095. The failure of a Member to object to the unanimous-
  consent request constitutes final House action on the measure, thereby 
  precluding a vote on the amendment. However, a unanimous-consent 
  request invoked merely to consider a Senate amendment in the House 
  permits a vote on a subsequent motion to concur in the Senate 
  amendment. 94-1, Sept. 26, 1975, pp 30616, 30617; 94-2, Mar. 11, 1976, 
  p 6148; 94-2, June 29, 1976, p 21141.


  Sec. 13 . -- By Suspension of the Rules

      The House may consider a proposition, offered under suspension of 
  the rules, taking a House bill with one or more Senate amendments from 
  the Speaker's table and concurring in, disagreeing to, or making some 
  other disposition of, the amendment(s). 93-1, Dec. 20, 1973, pp 42917, 
  42918; 94-1, Dec. 19, 1975, p 41876. Thus, the House may agree to a 
  motion to suspend the rules and to a resolution taking such a bill 
  from the Speaker's table and agreeing to the Senate amendment. 87-2, 
  Aug. 27, 1962, pp 17671, 17681.
      The House may agree to a motion to suspend the rules and adopt a 
  resolution providing for the taking of a House bill with Senate 
  amendments from the Speaker's table and concurring in the amendments 
  with a designated amendment. 93-1, Dec. 30, 1973, pp 42883, 42884; 94-
  1, Dec. 19, 1975, p 41869. The language of the designated amendment 
  may be stated in the motion. 94-1, Dec. 19, 1975, p 41954; 95-1, July 
  12, 1977, p 22483. Or the designated amendment may be set forth in the 
  text of the resolution. 92-2, Oct. 14, 1972, pp 36477-83; 93-1, Dec. 
  20, 1973, pp 42883, 42884; 95-1, Sept. 27, 1977, p 31040. The House 
  has also agreed to a motion to suspend the rules and agree to a 
  resolution whereby the House ``shall be considered'' to have taken 
  from the Speaker's table a House bill with a Senate amendment thereto, 
  and to have agreed to the Senate amendment with a further amendment, 
  and to have insisted on the House amendment and to have requested a 
  conference with the Senate. 98-2, Aug. 8, 1984, p 22963.

[[Page 824]]

      The suspension procedure in such cases does not always require a 
  resolution. The House has agreed to a motion to suspend the rules and 
  take from the Speaker's table a Senate bill with a Senate amendment to 
  House amendments thereto, and to concur in the Senate amendment. 93-2, 
  May 6, 1974, p 13085; 95-1, Oct. 18, 1977, pp 34086, 34087, 34091.


  Sec. 14 . -- By Sending to Conference

      House bills returned with Senate amendments requiring 
  consideration in the Committee of the Whole may be taken from the 
  Speaker's table and sent to conference by unanimous consent. 6 Cannon 
  Sec. 732. Such amendments may also be sent to conference by motion 
  under the provisions of House Rule XX clause 1. 91-2, July 9, 1970, pp 
  23518, 23524; 92-1, June 28, 1971, pp 22406-13, 22429. That rule 
  provides that a motion to disagree with an amendment of the Senate to 
  a House bill and to request or agree to a conference with the Senate 
  is always in order if the Speaker, in his discretion, recognizes for 
  that purpose and if the motion is made by direction of the committee 
  having jurisdiction of the subject matter of the bill. Rule XX clause 
  1. Manual Sec. 827. On a bill that has been jointly referred, the 
  motion must be authorized by all committees reporting thereon. 95-2, 
  Sept. 26, 1978, p 31623. But a committee discharged from a sequential 
  referral need not authorize a motion made by direction of the 
  committee that reported the bill. 103-2, Oct. 4, 1994, p ____. The 
  motion is privileged at any time the House is in possession of the 
  papers if the appropriate committee has authorized the motion and the 
  Speaker in his discretion recognizes for that purpose. 94-1, Mar. 20, 
  1975, p 7646. Generally, see Conferences Between the Houses.
      While a privileged motion to go to conference under clause 1 Rule 
  XX is pending, preferential motions to concur or to concur with 
  amendment are not in order (the stage of disagreement not having been 
  reached). Compare 95-1, Dec. 7, 1977, p 38724.


  Sec. 15 . Motions; Precedence Before Disagreement

      The stage of disagreement not having been reached on a Senate 
  amendment, motions in the House to dispose of the amendment are not 
  privileged and require unanimous consent or a special rule from the 
  Committee on Rules, the only exception being a motion to ask or agree 
  to a conference under Rule XX clause 1. 95-1, Dec. 7, 1977, p 38721. 
  See also 98-2, Oct. 11, 1984, p 32308. But if the amendment has been 
  called up by House order pursuant to a unanimous-consent request or a 
  special rule, and the House order does not specify the motion to be 
  considered, the amendment may

[[Page 825]]

  then be disposed of by invoking one of the motions shown in Chart No. 
  1 below. Such motions are available in the specified sequence (Manual 
  Sec. 528b), and are arranged in order of precedence.
      The preferential sequence of motions at this stage is intended to 
  allow the House to perfect the amendment--that is, to first consider 
  any amendments to the Senate amendment before considering whether to 
  agree or disagree to it. Thus, at this stage, the motion to concur 
  with an amendment takes precedence over the motion to concur. 91-2, 
  Dec. 30, 1970, pp 44116, 44123. These motions yield to the motion to 
  disagree and send to conference by direction of the committee under 
  Rule XX. Manual Sec. 528a.
      A motion in the House to dispose of a Senate amendment to a House 
  bill is itself subject to the secondary motions ordinarily applicable 
  to any question which is under debate--to table, to postpone to a day 
  certain, to amend, and to refer--all of which remain privileged under 
  clause 4 of Rule XVI. See Manual Sec. 528b. However, an amendment to a 
  motion to concur in a Senate amendment with an amendment may not be 
  offered unless the Member having the floor yields for that purpose, or 
  unless the previous question on the motion is defeated. 88-1, May 14, 
  1963, pp 8508-11.
      On rejection of a preferential motion to concur in a Senate 
  amendment with an amendment, the question recurs on a pending motion 
  to concur in the Senate amendment. 92-2, June 28, 1972, pp 22959, 
  22974. On rejection of a motion to concur in a pending Senate 
  amendment, the amendment is open to germane amendment or to a motion 
  to disagree. 90-1, July 17, 1967, p 19033.
      A motion to concur in a Senate amendment with an amendment (prior 
  to the stage of disagreement) is not subject to a demand for a 
  division of the question. 8 Cannon Sec. 3176. Divisibility after the 
  stage of disagreement, see Secs. 20, 21, infra.


                   B. Reaching the Stage of Disagreement


  Sec. 16 . In General

      Reaching the stage of disagreement is a critical threshold in the 
  disposition of amendments between the Houses. Before the stage of 
  disagreement is reached on Senate amendments, motions in the House to 
  dispose of amendments which require consideration in Committee of the 
  Whole are not privileged and require unanimous consent unless other 
  action is made in order by special rule or by the exception to Rule XX 
  clause 1, relating to motions to ask or agree to a conference. 
  Secs. 8, 15, supra. After the stage of disagreement has been reached, 
  motions in the House to resolve the matter

[[Page 826]]

  in disagreement are privileged and do not require unanimous consent 
  for their consideration. Sec. 17, infra. The stage of disagreement 
  having been reached, a bill with Senate amendments may be called up as 
  privileged. 8 Cannon Sec. 3194.

      Whether or not the House has reached the stage of disagreement is 
  also important in determining the kinds of motions that may be sought 
  and the precedence thereof. These motions (Manual Sec. 528), which may 
  be sought by any Member, are shown in Chart No. 1 and are preferential 
  in the order listed.
  
  
      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 and has messaged that action to the 
  other body. Manual Sec. 828b. Thus, the House having disagreed to a 
  Senate amendment and the

[[Page 827]]

  Senate having insisted thereon, the stage of disagreement is reached 
  when the Senate action is messaged to the House; and motions to 
  dispose of the matter in disagreement are then privileged for 
  consideration in the House. 95-1, Nov. 29, 1977, p 38013.
      The House has reached the stage of disagreement on a bill when it 
  has disagreed to a Senate amendment or insisted on a House amendment 
  (with or without requesting or agreeing to a conference) and has 
  informed the Senate by message of its action. Only previous insistence 
  or disagreement by the House itself places the House in disagreement 
  (and not merely disagreement, insistence, or amendment by the Senate). 
  Manual Sec. 528c. Compare 94-2, Sept. 16, 1976, p 20868.
      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. Manual Sec. 528c. Where a Senate amendment 
  reported from conference in disagreement remains in disagreement 
  following subsequent action by the House and the Senate, a further 
  motion to dispose of that Senate amendment in the House is privileged 
  and subject to one hour of debate under Rule XXVIII clause 2(b). 95-2, 
  Feb. 22, 1978, p 4061.
      In one instance, the stage of disagreement between the two Houses 
  was reached when the House communicated to the Senate its insistence 
  upon its amendment and its request for a conference, even though the 
  Senate subsequently disregarded the House request and further amended 
  the House amendment without specifically disagreeing to the House 
  amendment. 94-2, Sept. 16, 1976, p 30872.


                C. After the Stage of Disagreement; Motions


  Sec. 17 . In General; Privilege of Motions

      Once the stage of disagreement has been reached and the House is 
  in possession of the papers, motions in the House to resolve the 
  matter in disagreement no longer require unanimous consent for their 
  consideration. 90-1, Nov. 9, 1967, pp 31878, 31880; 94-2, Sept. 16, 
  1976, p 30872. The House having disagreed to a Senate amendment and 
  the Senate having insisted thereon, motions to dispose of the matter 
  in disagreement are privileged for consideration in the House. 95-1, 
  Nov. 29, 1977, p 38013. The stage of disagreement having been reached, 
  the motion is privileged when

[[Page 828]]

  offered by any Member. 99-2, Mar. 18, 1986, p 5217. Such motions are 
  privileged for consideration in the House even where the Senate has 
  receded from an amendment (to which the House has disagreed) and 
  concurred with a further amendment which is before the House for the 
  first time. The House has not expressed its position on the new Senate 
  amendment, but since the stage of disagreement has been reached, 
  motions to dispose of the new amendment are privileged. 95-1, Nov. 29, 
  1977, p 38033. Once the stage of disagreement has been reached between 
  the two Houses on an amendment to a House bill, motions in the House 
  to dispose of the matter at subsequent permissible stages of amendment 
  remain privileged. 94-2, Sept. 16, 1976, p 30872.


  Sec. 18 . Motions in Order; Precedence of Motions

                                 Generally

      The stage of disagreement having been reached on a Senate 
  amendment, the amendment is subject to disposition in the House by 
  various motions. The primary motions to dispose of the amendment, 
  arranged in preferential order (Manual Sec. 528d), are shown in Chart 
  No. 1, Sec. 16. These motions have precedence in the order shown 
  without regard to the order in which they may be offered. 5 Hinds 
  Sec. 6324. A demand for the previous question by the Member in charge 
  of a bill does not preclude consideration of a preferential motion. 8 
  Cannon Sec. 3204.
      In theory preferential status is accorded to that motion which 
  tends most quickly to bring the Houses into agreement. 8 Cannon 
  Sec. 3204; 88-1, Dec. 10, 1963, pp 23950, 23952; 89-1, Apr. 29, 1965, 
  pp 8861, 8866; 90-1, Nov. 9, 1967, pp 31878, 31880. Thus, the stage of 
  disagreement having been reached, the motion to recede and concur 
  takes precedence of a motion to recede and concur with an amendment, 
  since such a motion most promptly tends to bring the two Houses 
  together. 91-2, Dec. 30, 1970, pp 44116, 44123. Under the same 
  rationale, the motion to recede and concur takes precedence at this 
  stage over the motion to insist on disagreement. 90-1, Sept. 12, 1967, 
  pp 25201, 25211; Manual Sec. 528d.
      Preferential status of motion to insist on disagreement to a 
  Senate amendment providing legislation on an appropriation bill, see 
  Conferences Between the Houses.
      Where the matter in disagreement is a House amendment, see 
  Sec. 28, infra.

[[Page 829]]

                             Secondary Motions

      Secondary motions applicable when any question is under debate 
  such as the motion to table, to refer, or to postpone (Manual 
  Sec. 782), are available to dispose of a Senate amendment and are in 
  order if and when they are preferential. The motion to table a Senate 
  amendment in disagreement is preferential over other motions to 
  dispose of the amendment. Sec. 19, infra. The motion to refer a Senate 
  amendment is preferential only to the motion to adhere to 
  disagreement. Manual Sec. 528d. And a motion to recommit with 
  instructions to report back forthwith with an amendment may not be 
  offered after the previous question has been ordered on a motion to 
  recede and concur, a motion of higher privilege. 94-2, Sept. 16, 1976, 
  p 30887. Motions to postpone, either to a day certain or indefinitely, 
  may be presumed to have the lowest privilege with respect to a Senate 
  amendment after the stage of disagreement has been reached. Manual 
  Sec. 528d.


  Sec. 19 . -- To Lay on the Table

      The stage of disagreement having been reached, a motion to table a 
  Senate amendment to a House bill is in order (5 Hinds Secs. 5424, 
  6201-6203) and takes precedence over other motions to dispose of the 
  amendment (Manual Sec. 528d), including the motion to insist on 
  disagreement. 95-2, Sept. 28, 1978, p 32334. Adoption of a motion to 
  table the amendment carries the bill to the table. Manual Sec. 785.
      Laying on the table a motion to dispose of a Senate amendment 
  should be distinguished from the tabling of the Senate amendment 
  itself. A privileged motion to dispose of a Senate amendment in 
  disagreement is itself subject to the motion to table. 95-2, Feb. 22, 
  1978, p 4072. Thus, a motion to recede and concur is subject to the 
  motion to table (95-2, Feb. 22, 1978, p 4072), as is the motion to 
  concur with an amendment (95-2, May 16, 1978, p 13921). A motion to 
  table a privileged motion to dispose of an amendment between the 
  Houses is in order before debate thereon or at the end of debate (and 
  before the previous question is ordered). 99-2, Mar. 18, 1986, pp 
  5217-20.
      Adoption of a motion to table a motion to dispose of an amendment 
  represents final adverse disposition of that motion at that stage of 
  the question, but would not necessarily dispose of the amendment or 
  the bill, since other motions could still be available to dispose of 
  the amendment. See 99-2, Mar. 18, 1986, pp 5217-20.

[[Page 830]]

  Sec. 20 . -- To Recede and Concur

                                In General

      A Senate amendment in disagreement is subject to disposition in 
  the House pursuant to a privileged motion to recede from disagreement 
  and concur in the amendment. 99-2, Mar. 20, 1986, p 5796. The motion 
  to recede and concur is highly preferential, yields only to the motion 
  to table (Sec. 19, supra), and takes precedence over:

     The motion to recede and concur with an amendment. 8 Cannon 
         Secs. 3198, 3202; 91-2, Dec. 30, 1970, p 44116.
     The motion to insist on disagreement. 5 Hinds Sec. 6208; 8 
         Cannon Sec. 3194; 92-2, June 28, 1972, p 22959.
     A motion to disagree and request a conference. 94-2, Jan. 27, 
         1976, p 1036; 95-1, Oct. 13, 1977, p 33689.
     A motion to adhere. 5 Hinds Sec. 6271; 87-1, July 20, 1961, pp 
         13079-84.

      A motion to recede and concur is in order even after the previous 
  question has been demanded on a motion of lesser privilege, such as a 
  motion to insist. 5 Hinds Sec. 6208.
      If the House agrees to the motion to recede and concur, other less 
  preferential motions to dispose of the amendment fall and are not 
  voted upon. 86-1, Sept. 14, 1959, pp 19740-42. But if the House 
  rejects the motion to recede and concur, further action must be taken 
  to dispose of the amendment. Manual Sec. 488. If the motion to recede 
  and concur in the Senate amendment is defeated, a further motion 
  relating to the amendment in disagreement is in order. 90-1, Oct. 17, 
  1967, pp 29044, 29048. If a motion to insist on disagreement to the 
  Senate amendment was pending, the question would recur on that motion. 
  87-2, Sept. 19, 1962, p 19945; 88-1, Dec. 17, 1963, pp 24815-22.

                           Dividing the Question

      The question on a motion to recede and concur in a Senate 
  amendment may be divided on demand of any Member. 8 Cannon Sec. 3203. 
  86-2, June 23, 1960, pp 14074, 14081; 88-1, May 14, 1963, p 8506; 94-
  2, Aug. 10, 1976, pp 26781, 26782. The division may be demanded as a 
  matter of right (under clause 6, Rule XVI); the House does not vote on 
  whether to permit a division of the question. 92-2, June 28, 1972, pp 
  22959, 22974.
      If the question on receding and concurring is divided before the 
  ordering of the previous question, the hour rule for debate applies to 
  each motion separately. See 94-1, Dec. 4, 1975, p 38717.
      If the question has been divided and the motion to recede is 
  agreed to, then the question of concurring is before the House. 88-1, 
  May 14, 1963,

[[Page 831]]

  pp 8508-11. However, the House having receded, it is no longer in the 
  stage of disagreement with the Senate on that amendment, and in that 
  event a motion to amend takes precedence over the motion to concur (5 
  Hinds Secs. 6209-6211; 8 Cannon Sec. 3198). Thus, where a motion to 
  recede and concur has been divided, and the House recedes, a motion to 
  concur with an amendment then takes precedence over the motion to 
  concur, is considered as pending if part of the original motion, and 
  is voted on first. 100-2, Sept. 30, 1988, pp 27268-74; 101-1, Oct. 11, 
  1989, p  24097; Manual Sec. 525.


  Sec. 21 . -- To Recede and Concur With an Amendment

      A Senate amendment in disagreement is subject to disposition in 
  the House pursuant to a motion to recede from disagreement and concur 
  in the amendment with an amendment. See for example 97-1, May 20, 
  1981, p 10319. This motion ordinarily yields to the motion to recede 
  and concur (5 Hinds Secs. 6219-6223; 8 Cannon Secs. 3200, 3202) but 
  takes precedence over the motion to insist (5 Hinds Sec. 6223) and 
  over the motion to adhere. Manual Sec. 528d.
      A motion to recede and concur with an amendment is subject to 
  amendment if the previous question is voted down (90-1, Dec. 11, 1967, 
  pp 35811-33, 35841), or if the Member in control of the floor yields 
  for that purpose. 94-1, Dec. 15, 1975, p 40713; 94-2, Sept. 27, 1976, 
  p 32720. And where one motion to recede and concur with an amendment 
  is rejected, another motion to recede and concur with a different 
  amendment may be offered. 87-2, Oct. 13, 1962, pp 23474, 23476-83; 90-
  1, Oct. 25, 1967, pp 29933, 29942-44; 92-1, May 20, 1971, pp 16197, 
  16201.
      A motion to recede from disagreement to a Senate amendment and 
  concur therein with an amendment may, on demand of any Member, be 
  divided to permit separate votes; the House votes first on the motion 
  to recede, and (if the House does recede) then on the motion to concur 
  with an amendment. 94-1, Oct. 7, 1975, p 32604; 99-1, Nov. 1, 1985, pp 
  30147, 30163. If the House refuses to recede, the motion to further 
  insist is in order. Sec. 22, infra.


  Sec. 22 . -- To Insist

      A Senate amendment in disagreement may be disposed of pursuant to 
  a motion to insist on disagreement or to the compound motion to insist 
  on disagreement and request a (further) conference. Since the motion 
  to insist on disagreement and request a conference is more likely to 
  bring the two Houses together, that motion takes precedence over the 
  simple motion to in-

[[Page 832]]

  sist. See Manual Sec. 528d. Where both Houses insist and neither House 
  asks for a conference or recedes the bill fails. 5 Hinds Sec. 6228.
      A motion to insist on disagreement to a Senate amendment yields to 
  preferential motions, such as a motion to recede and concur in the 
  amendment (5 Hinds Sec. 6225; 8 Cannon Sec. 3183), but takes 
  precedence over the motion to refer (5 Hinds Sec. 6225). A motion to 
  insist on disagreement and request a further conference is not in 
  order so long as preferential motions to dispose of amendments in 
  disagreement are pending. 90-1, Oct. 17, 1967, pp 29044, 29048.
      The motion to insist on disagreement is in order and most commonly 
  used after the House has refused to recede from disagreement to a 
  Senate amendment. 89-1, Apr. 29, 1965, pp 8867, 8871; 93-1, June 29, 
  1973, pp 22381 et seq. Thus where the House refuses to recede from its 
  disagreement to a Senate amendment--the motion to recede and concur 
  having been divided on demand of a Member--the motion to insist on 
  disagreement is in order. 97-2, Dec. 16, 1982, p 31719. See also 91-1, 
  Dec. 22, 1969, pp 40902, 40914, 40921. Similarly, a motion to recede 
  and concur with an amendment having been divided, and the House 
  refusing to recede, the question recurs on a pending motion to insist 
  upon disagreement. 95-2, Oct. 12, 1978, p 36396. Underlying these 
  precedents is the reasoning that since the refusal of the House to 
  recede is not equivalent to insisting upon disagreement, the House may 
  vote separately on that question pursuant to the motion to insist on 
  disagreement. 93-1, June 25, 1973, pp 21171 et seq.
      A motion to further insist on disagreement and request a further 
  conference may be in order after the rejection of a conference report 
  (87-2, Sept. 20, 1962, pp 20094, 20105, 20128) or after the conference 
  managers have reported a Senate amendment in disagreement (91-1, Dec. 
  3, 1969, p 36759). For example, on rejection of a motion to recede and 
  concur in a Senate amendment with an amendment, the manager of the 
  report may be recognized to offer a motion that the House insist on 
  its disagreement to the amendment. 96-1, May 23, 1979, p 12489. And 
  where a motion to recede and concur with an amendment to an amendment 
  reported in disagreement from conference has been divided, and the 
  motion to recede is rejected, the manager is entitled to recognition 
  to offer a motion to insist on disagreement. 94-1, Sept. 24, 1975, pp 
  30081, 30082.
      Rejection of a motion to insist upon disagreement to a Senate 
  amendment is not tantamount to concurrence; further action is required 
  to dispose of the Senate amendment. Indeed, a motion to insist having 
  been rejected, the same Member who had offered the motion may be 
  recognized to offer a motion to recede and concur. 87-2, Sept. 19, 
  1962, p 19945.

[[Page 833]]

  Sec. 23 . -- To Refer to Committee

      A Senate amendment in disagreement may be disposed of pursuant to 
  a motion to refer (or recommit) to committee when and if such motion 
  is preferential. The simple motion to refer is preferential only to 
  the motion to adhere. Manual Sec. 528d. The motion to refer must yield 
  to other motions of higher preferential status, such as the motion to 
  recede and concur (8 Cannon Sec. 3259) and the motion to insist (5 
  Hinds Sec. 6225). A motion to recommit with instructions may be 
  offered, but it too must yield to preferential motions to dispose of 
  the amendment. Thus, a motion to recommit with instructions to report 
  back forthwith with an amendment may not be offered after the previous 
  question has been ordered on a motion to recede and concur, a motion 
  of higher privilege. 94-2, Sept. 16, 1976, p 30887. But after the 
  House has receded from disagreement to a Senate amendment, a motion to 
  amend is preferential, so that, 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. 8 Cannon 
  Sec. 2744.


  Sec. 24 . -- To Adhere

      Where the House has expressed its disagreement to a Senate 
  amendment and the amendment remains in disagreement after a Senate 
  response thereto, a motion that the House adhere to its disagreement 
  is in order. See for example 5 Hinds Sec. 6239. This motion yields to 
  motions of higher precedence, such as the motion to recede and concur 
  and the motion to insist. 5 Hinds Sec. 6324. See also Manual 
  Sec. 528d. The motion to adhere is rarely used in modern practice, but 
  when both Houses have insisted, neither inclining to recede, it is in 
  order. 5 Hinds Sec. 6163. When both Houses adhere the bill fails (5 
  Hinds Secs. 6163, 6313, 6324, 6325) even though the disagreement may 
  be over a very minor amendment (5 Hinds Secs. 6233-6240).
      The adoption of a motion of higher preferential status--to recede 
  from disagreement to the amendment--precludes a motion to adhere to 
  the same amendment. But the House may recede from its disagreement to 
  certain amendments and adhere to it as to other amendments to the same 
  bill. See 5 Hinds Sec. 6229. Adherence to House amendment, Sec. 28, 
  infra.
      Adherence is to be distinguished from insistence in that adherence 
  represents an uncompromising position and may not be accompanied by a 
  request for a conference. The House that votes to adhere does not ask 
  a conference, although it may agree to one, whereas the other House 
  may vote to insist and, at the same time, seek a conference. 5 Hinds 
  Secs. 6241, 6308. And one House, having adhered, may recede from its 
  adherence and agree

[[Page 834]]

  to a conference asked by the other, or it may vote to further adhere. 
  5 Hinds Sec. 6251.


  Sec. 25 . Debate; Recognition

      Debate in the House on a privileged motion to dispose of a Senate 
  amendment in disagreement is under the hour rule. 94-1, Dec. 4, 1975, 
  p 38717. When an amendment is reported from conference in 
  disagreement, the Speaker recognizes the manager of the report for a 
  motion to dispose of the amendment, which motion is debatable for one 
  hour, equally divided between the majority and minority (and sometimes 
  a third Member) pursuant to Rule XXVIII clause 2(b). (See Conferences 
  Between the Houses.) The equal division of debate between the majority 
  and minority parties under Rule XXVIII clauses 2(a) and (b) 
  technically applies to conference reports and to motions to dispose of 
  amendments reported from conference in disagreement, and does not 
  apply to the Member offering the initial motion to dispose of an 
  amendment in disagreement which has not been reported from conference 
  but which is subsequently before the House. 94-2, Jan. 27, 1976, p 
  1036. However, the current practice in the House is to divide the time 
  in this fashion on all motions to dispose of amendments still in 
  disagreement following a conference. Manual Sec. 912b.
      While a motion to dispose of the amendment in disagreement may be 
  displaced by a preferential motion, the Member offering the 
  preferential motion does not thereby gain control of time for debate. 
  89-1, Apr. 29, 1965, pp 8861, 8866; 90-1, Sept. 12, 1967, pp 25201, 
  25211; 90-1, Oct. 24, 1967, pp 29837, 29842. Thus, although the motion 
  to concur in a Senate amendment takes precedence over the motion to 
  disagree where the stage of disagreement has been reached, the Member 
  offering the preferential motion does not thereby gain control of the 
  time for debate, which remains in the control of the proponent of the 
  original motion under the hour rule. 95-1, Oct. 13, 1977, p 33689; 95-
  1, Nov. 29, 1977, p 38033.
      Similar rules are applied to amendments reported from conference 
  in disagreement. The motion to recede and concur with an amendment has 
  preference over a motion to insist on disagreement, but the proponent 
  of the preferential motion does not thereby gain control of the time 
  for debate. 94-1, May 14, 1975, pp 14385, 14386. And while the motion 
  to recede and concur in a Senate amendment reported from conference in 
  disagreement is preferential to the motion to recede and concur with 
  an amendment, the Member offering the preferential motion does not 
  thereby gain control of time for debate. 94-1, Dec. 4, 1975, p 38714.

[[Page 835]]

  Sec. 26 . Disposition of Nongermane Senate Provisions

      Under recent changes in the rules, points of order may be made and 
  separate votes demanded on motions to reject portions of conference 
  reports and Senate amendments in disagreement containing language 
  which would not have been germane if offered in the House. Clauses 4 
  and 5 of Rule XXVIII (Manual Sec. 913b). Clause 4 permits points of 
  order against language in a conference report which was originally in 
  a Senate bill and which would not have been germane if offered to the 
  House-passed version, and permits a separate motion to reject such 
  portion of the conference report if found nongermane. 99-2, Oct. 15, 
  1986, p 31498. Clause 5 permits a similar procedure if a Senate 
  amendment or portion thereof would have been nongermane if offered in 
  the House. Motions to reject under these clauses are subject to 40 
  minutes of debate, equally divided between a proponent and opponent of 
  the motion. Manual Sec. 913c. See Germaneness.

                 III. House Amendments to Senate Measures


  Sec. 27 . In General; Degree of Amendment

      A Senate bill may be subject to amendment by the House when the 
  bill is called up in the House pursuant to a unanimous-consent request 
  or a motion authorized by a special rule from the Committee on Rules. 
  Secs. 2-4, supra. A Senate amendment to a House measure is also 
  subject to amendment by the House; the motion to concur with an 
  amendment will lie before the stage of disagreement (Sec. 15, supra), 
  while the motion to recede and concur with an amendment is in order 
  after the stage of disagreement (Sec. 21, supra). As pointed out 
  elsewhere, however, an amendment to an amendment to an amendment is in 
  the third degree and not in order. See Amendments. This rule governs 
  the two Houses, according to Jefferson's Manual, and is applicable to 
  amendments between the Houses (Manual Sec. 529), as shown in Chart No. 
  2.

[[Page 836]]

  
  

      Where a bill of one House is amended by the other, the originating 
  House may respond with an amendment, and the second House may offer an 
  amendment to that amendment, but there the process stops; any further 
  amendment is in the third degree and not in order. 5 Hinds Sec. 6163. 
  An amendment of one House being amended by the other, the first House 
  may amend the last amendment, but further amendment is not 
  permissible. 5 Hinds Secs. 6176-6178. Thus, where a Senate amendment 
  to a House bill has been reported in disagreement, and a House 
  amendment thereto is amended by a further Senate amendment, motions in 
  the House to agree or disagree to the Senate amendment to the House 
  amendment are in order, but a motion to concur with a further 
  amendment would be in the third degree and not in order. 93-1, Oct. 
  18, 1973, pp 34699, 34704. Likewise, where there is pending in the 
  House a motion to amend a Senate amendment to a House amendment to a 
  Senate bill, and the House adopts the motion, the Senate may then 
  either concur in or disagree to the House amendment, but a further 
  Senate amendment would be in the third degree. 94-1, Dec. 15, 1975, pp

[[Page 837]]

  40711, 40712. However, conference reports recommending amendments at 
  this stage are not subject to a third degree point of order.
      The House may consider a third degree amendment by unanimous 
  consent, under suspension of the rules, or pursuant to a special order 
  from the Committee on Rules. Unanimous-consent requests have been used 
  to seek consideration of amendments in the fourth or fifth degree. 99-
  2, Mar. 20, 1986, p 5796. If the House adopts an amendment pursuant to 
  such a procedure, the Senate may no longer consider itself bound by 
  Jefferson's proscription against third-degree amendments and amend 
  further.


  Sec. 28 . Germaneness Requirements

      An amendment offered in the House to a Senate amendment must 
  ordinarily be germane to the particular Senate amendment to which it 
  is offered, it not being sufficient that it be germane to the 
  provisions of the bill. 5 Hinds Sec. 6188; Manual Sec. 797. Thus, 
  where a motion is offered to concur in a Senate amendment with an 
  amendment, the proposed amendment must be germane to the Senate 
  amendment. 88-1, May 14, 1963, p 8506; 95-2, Feb. 22, 1978, p 4073. 
  The test of germaneness of an amendment in the nature of a substitute 
  to a Senate amendment--proposed in a motion to concur therein with an 
  amendment--is the relationship between the proposed amendment in its 
  entirety and the Senate amendment (and not the relationship between 
  any one provision of the amendment and any one provision of the Senate 
  amendment). 95-2, Oct. 4, 1978, p 33506.
      The rule of germaneness applies to motions to recede and concur in 
  a Senate amendment with an amendment. 92-1, July 29, 1971, p 28053. 
  Such a motion must be germane to the Senate amendment. 98-2, Aug. 10, 
  1984, pp 23988, 23989. But where a Senate amendment proposes to strike 
  out language in a House bill, the test of the germaneness of a motion 
  to recede and concur with an amendment is the relationship between the 
  language in the motion and the provisions in the House bill proposed 
  to be stricken by the Senate amendment. 93-2, Dec. 12, 1974, pp 39272, 
  39273.
      A House rule permits points of order against portions of motions 
  to concur or concur with amendment in nongermane Senate amendments, 
  the stage of disagreement having been reached; if such points of order 
  are sustained, the rule permits separate motions to reject such 
  nongermane matter. Rule XXVIII clause 5. Manual Sec. 913c. For more 
  comprehensive discussion, see Germaneness.

[[Page 838]]

  Sec. 29 . Amending House-passed Amendments; Receding, Insisting, 
            Adhering

                                 Generally

      Jefferson reasoned that while the House may modify an amendment 
  from the Senate, the House cannot amend its own amendment ``because 
  they have, on the question, passed it in that form.'' Manual Sec. 526. 
  Thus while the House may recede from or insist on its own amendment, 
  it may not couple an amendment with this action. 5 Hinds Sec. 6163. 
  Indeed, few motions are available to enable the House to act on its 
  own amendment to a Senate measure. These motions (Manual Sec. 528b), 
  which are utilized primarily when the Senate has disagreed to the 
  House amendment, are shown below:

     To recede.
     To insist and request or agree to a conference.
     To insist.
     To adhere.

      These motions have precedence in the House in the order named 
  without regard to the order in which they may be offered. 5 Hinds 
  Sec. 6324. Accordingly, the Senate having disagreed to a House 
  amendment, the House may recede from or insist on its own amendment. 
  When both Houses have insisted, neither inclining to recede, it is in 
  order to adhere. 5 Hinds Sec. 6163.

                                 Receding

      The House may recede from its own amendment to a Senate bill by 
  motion (Manual Sec. 524) or by unanimous consent (87-1, Sept. 7, 1961, 
  p 18595; 89-2, Apr. 18, 1966, p 8207). If the House recedes from its 
  own amendment, the bill is passed unless the motion otherwise 
  specifies, or unless the Senate has concurred in the House amendment 
  with a Senate amendment. 96-1, Nov. 9, 1979, p 31755. If the House 
  recedes from its amendment to a Senate amendment, further House action 
  is in order: the House may either concur in the Senate amendment or 
  amend it. Manual Sec. 528d.
      The stage of disagreement having been reached on a House amendment 
  to a Senate amendment to a House proposition, the House may recede 
  from its amendment and, having receded, may then concur in the Senate 
  amendment with a different amendment (and such separate actions are 
  not tantamount to the House's receding from its own amendment with an 
  amendment as proscribed by Jefferson's Manual). 95-1, Oct. 12, 1977, p 
  33448. Of course, where the House has previously concurred in a Senate 
  amendment

[[Page 839]]

  with an amendment, the House does not, merely by receding from its 
  amendment, agree to the Senate amendment. Manual Sec. 524.

                                 Insisting

      The motion to insist on a House amendment yields to the motion to 
  recede therefrom. 5 Hinds Sec. 6270. But where both Houses insist and 
  neither ask a conference or recede the bill fails. 5 Hinds Sec. 6228.
      The compound motion to insist on a House amendment and request or 
  agree to a conference takes precedence over simple motions to insist 
  or to adhere. Preferential status is accorded to the compound motion 
  because of the greater likelihood that it will resolve the differences 
  between the two Houses. Manual Sec. 528b.

                                 Adhering

      Although it has been permitted, adherence prior to the stage of 
  disagreement has been extremely rare (5 Hinds Sec. 6303) and is used 
  infrequently under the modern practice even after the stage of 
  disagreement. The motion to adhere to an amendment is the least 
  privileged motion, yielding as it does to the motion to recede and the 
  motion to insist. In addition, the ordinary motions applicable to any 
  question which is under debate--to table, to postpone to a day 
  certain, and to refer--remain privileged under clause 4 of Rule XVI. 
  See Manual Sec. 528b.
      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. 5 Hinds 
  Sec. 6310.

         Effect of Adherence; Adherence as Related to Conferences

      When both Houses adhere--one House adhering to its amendment and 
  the other to its disagreement therewith--the bill fails. 5 Hinds 
  Secs. 6163, 6313, 6325. Adherence is to be distinguished from 
  insistence in that adherence represents an uncompromising position and 
  may not even be accompanied by a request for a conference. 5 Hinds 
  Sec. 6308. However, one House, having adhered, may recede from its 
  adherence and agree to a conference asked by the other, or it may vote 
  to further adhere. 5 Hinds Sec. 6251. Conferences have often been 
  asked and granted where only one House has adhered. 5 Hinds 
  Secs. 6241-6244.



[[Page 841]]

 
                               SPECIAL RULES

  Sec. 1. In General
  Sec. 2. Reporting Special Rules
  Sec. 3. Forms
  Sec. 4. Debate on Special Rules; Voting
  Sec. 5. Modification of Special Rules
  Sec. 6. Types of Special Rules
        Research References
          4 Hinds Secs. 3152-3265
          7 Cannon Secs. 758-845
          6 Deschler Ch 21 Secs. 16-19
          Manual Secs. 686b, 726, 728, 729, 786, 877a


  Sec. 1 . In General

                        Jurisdiction and Authority

      Jurisdiction over the ``order of business'' of the House is given 
  by standing rule to the Committee on Rules. Rule X clause 1(m). Manual 
  Sec. 682a. Under this authority, the Rules Committee commonly reports 
  resolutions--called ``special orders'' or ``special rules''--that 
  specify the manner in which a particular measure is to be taken up and 
  the procedures to be followed during its consideration. Such 
  resolutions, once agreed to by the House, give privilege to the 
  measure to be considered. Deschler Ch 21 Sec. 16. As noted elsewhere, 
  measures are often taken up by unanimous consent (see Unanimous-
  consent Agreements) or considered under suspension of the rules (see 
  Suspension of Rules), and certain measures are privileged in their own 
  right under other rules (see Appropriations; Order of Business; and 
  Questions of Privilege.
      The power of the Rules Committee to report resolutions varying the 
  order of business or providing a special order is very broad, being 
  limited only as expressly restricted by the rules of the House. The 
  only absolute restrictions on that power are those provisions [Rule XI 
  clause 4(b)] protecting the motion to recommit (see Refer and 
  Recommit) and the Calendar Wednesday call of committees (see Calendar 
  Wednesday). The restriction relating to Calendar Wednesday business 
  preserves the requirement that a two-thirds vote is required to 
  dispense with business under Rule XXIV clause 7. Rule XVI clause 4 
  provides that one motion to recommit ``shall be in order'' after the 
  ordering of the previous question. Manual Sec. 782. This

[[Page 842]]

  motion is considered a fundamental prerogative of the minority. 
  Special rules which directly prevent the use of this motion are 
  specifically precluded. Manual Sec. 729a.
      In the 104th Congress, a new restriction on the authority of the 
  Committee on Rules was imposed by Sec. 426 of the Unfunded Mandates 
  Act. Manual Sec. 1007; 2 USC Sec. 658e(a). Section 426 precludes the 
  consideration of a special rule waiving points of order under Sec. 425 
  of the Unfunded Mandates Act. However, this restriction is 
  ``enforced'' by raising the question of consideration against the 
  rule. The House's attention is thus focused on the waiver, but after 
  limited debate, the House can decide to consider the waiver and 
  proceed to adopt the rule.
      Because of the wide diversity of their use in the legislative 
  process, special rules are discussed in the context of many other 
  procedural articles in this work. See for example Amendments; 
  Committees of the Whole; Conferences Between the Houses; Consideration 
  and Debate; Germaneness of Amendments; Order of Business; 
  Postponement; Senate Bills and Amendments Between the Houses.

                     Application to Unreported Measure

      Special orders are customarily requested from the Rules Committee 
  by a committee that has reported, or has jurisdiction over, the 
  measure to be considered. A special rule providing for the 
  consideration of a bill is not invalidated by the fact that the bill 
  is not on the calendar (8 Cannon Sec. 2259; 88-2, Aug. 19, 1964, pp 
  20212, 20213), nor by the fact that the bill has no committee 
  sponsorship (99-2, Apr. 16, 1986, p 29973). A special rule may make in 
  order the consideration of a measure not yet reported from a standing 
  committee (see Deschler Ch 21 Secs. 16.15-16.17) or provide for the 
  immediate consideration of a conference report when it is eventually 
  reported from the committee of conference (Deschler Ch 21 Secs. 16, 
  17). A special rule may even provide for the consideration of a bill 
  that has not yet been introduced. 8 Cannon Sec. 3388. The Rules 
  Committee also may report resolutions prescribing certain procedures 
  to apply during the further consideration of a bill already under 
  consideration in the House or Committee of the Whole. 8 Cannon 
  Sec. 2258. Deschler Ch 21 Sec. 16.2. See also Consideration and 
  Debate.
      The Rules Committee has the authority to report a special order 
  discharging a standing committee even though that committee may have 
  ordered reported another similar bill on the same subject. See 99-2, 
  Oct. 16, 1986, p 32190. In one instance, a special order discharged 
  six committees from an unreported bill similar to one previously 
  reported. 99-2, May 15, 1986, p 10954.

[[Page 843]]

                                  Waivers

      The Committee on Rules may report resolutions temporarily waiving 
  or altering a rule of the House that would otherwise prohibit the 
  consideration of the underlying bill. Statutory provisions enacted in 
  the exercise of the House's rule-making authority also may be waived 
  in this manner. 94-1, Mar. 20, 1975, pp 7676-78; 94-1, Mar. 24, 1975, 
  p 8418. A special-order resolution may waive any rule that might 
  impede the consideration of a bill or amendment thereto. Points of 
  order do not lie against the consideration of the special order as it 
  is for the House to determine, by a majority vote on the adoption of 
  the resolution, whether certain rules should be waived. Deschler Ch 21 
  Sec. 16.9. However, a statutory rule may contain language restricting 
  the authority of the committee to recommend a waiver. For example, the 
  Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-4) added a new 
  part B to title IV of the Congressional Budget Act of 1974 that 
  imposes several requirements on committees with respect to ``Federal 
  mandates,'' establishes points of order to enforce those requirements, 
  and precludes the consideration of a rule or order waiving such points 
  of order in the House. Section 426(a) of the Act establishes a point 
  of order against consideration of any rule or order that waives the 
  application of Sec. 425. Manual Sec. 1007. See also Budget Process.
      In 1995, the House adopted a rule directing that, to the ``maximum 
  extent possible,'' special-order resolutions be specific with respect 
  to any waiver of a point of order against the underlying measure or 
  against its consideration. Rule XI clause 5(e). Manual Sec. 731a.


  Sec. 2 . Reporting Special Rules

                           Generally; Typography

      Reports from the Rules Committee repealing or amending a House 
  rule must use appropriate typography showing the proposed omissions or 
  insertions. A Ramseyer-type comparative print (see Committees) is 
  required under clause 4(d) of Rule XI whenever the Committee on Rules 
  reports a resolution repealing or amending a rule of the House or part 
  thereof. Manual Sec. 731. This clause does not apply to resolutions 
  which merely provide temporary waivers of rules during the 
  consideration of particular legislative business. 94-1, Mar. 20, 1975, 
  p 7677; 94-1, Mar. 24, 1975, p 8418.

                    Privilege and Precedence of Reports

      A report from the Committee on Rules enjoys high privilege. 8 
  Cannon Sec. 2260. It takes precedence over a privileged motion to 
  discharge a committee (see Deschler Ch 21 Sec. 17.7), and has been 
  called up before District of

[[Page 844]]

  Columbia business which is privileged on District Day (see Deschler Ch 
  21 Sec. 17.8). When it has been called up in the House after its one-
  day layover, the question of consideration cannot be raised. 8 Cannon 
  Sec. 2440. After the resolution has been reported and is under debate, 
  no matter of lesser privilege may interrupt its consideration without 
  the consent of the House. 91-1, Oct. 29, 1969, pp 32076-83. Only one 
  motion to adjourn is permitted and dilatory motions are proscribed. 
  Manual Sec. 729a. Once the resolution is under debate, the House can 
  postpone further consideration and proceed to other business only by 
  unanimous consent. Deschler Ch 21 Sec. 18.37. However, the manager of 
  the resolution can withdraw it from consideration before a decision 
  has been made thereon. Rule XVI clause 2. Deschler Ch 21 Sec. 18.
      Although highly privileged, a report from the Committee on Rules 
  yields to the presentation of conference reports (5 Hinds Sec. 6449), 
  and to questions of privilege (8 Cannon Sec. 3491), and is not in 
  order after the House has voted to go into Committee of the Whole (5 
  Hinds Sec. 6781).

                    Reporting to the House; Calling Up

      The Rules Committee must present special-order resolutions to the 
  House within three legislative days of the time when it orders a 
  report with respect to the underlying measure. Rule XI clause 4(c). 
  Manual Sec. 730.
      Ordinarily, a report from the Committee on Rules reaches the floor 
  by being called up by a member of that committee who has been so 
  authorized. But under Rule XI clause 4(c), if the report has been on 
  the House calendar for seven legislative days without being called up, 
  any member of the committee may call up the resolution provided he 
  gives one day's notice of his intention to do so. Manual Sec. 730. 
  This rule may be invoked by a minority member of the committee. 96-1, 
  Nov. 13, 1979, p 32185; 96-2, Sept. 25, 1980, p 27417.
      In the event an adverse report is made by the Committee on Rules 
  on an order-of-business resolution, any Member of the House may call 
  up the report and move the adoption of the resolution on days when 
  motions to discharge committees are in order. Manual Sec. 730. See 
  Discharging Measures From Committees.

                          Same-day Consideration

      While it is always in order to call up for consideration a 
  resolution reported from the Committee on Rules relating to the order 
  of business, it may not be considered on the same legislative day 
  reported unless so determined by a vote of not less than two-thirds of 
  the Members voting (Manual Sec. 729a), a quorum being present. 94-1, 
  July 30, 1975, p 25826; 94-1, Nov.

[[Page 845]]

  14, 1975, p 36638. If consideration is ordered by a two-thirds vote, a 
  point of order that the resolution has not been printed does not lie. 
  95-1, Feb. 2, 1977, p 3344. The requirement that two-thirds of Members 
  voting must agree to same-day consideration does not apply to 
  resolutions called up during the last three days of a session. 91-2, 
  Dec. 31, 1970, p 44292. The two-thirds vote requirement may be waived 
  by adoption of a resolution reported from the Rules Committee (93-2, 
  Dec. 19, 1974, p 41571) or by House adoption of a resolution offered 
  under suspension of the rules (93-2, Dec. 16, 1974, p 40170).
      Exceptions to the two-thirds vote requirement for same-day 
  consideration of Rules Committee reports are found in Rule XI clause 
  2(l)(6) (Manual Sec. 715) and in Rule XXVIII clause 2 (Manual 
  Secs. 912a, 912b). If the only effect of a rule is to waive the three-
  day layover requirement of a particular reported bill or the three-day 
  layover and two-hour availability requirement of a conference report 
  and amendments in disagreement, such a reported rule may be considered 
  on the same day the report is filed without a two-thirds vote. See 98-
  2, Aug. 10, 1984, p 23978.


  Sec. 3 . Forms

                               Filing a Rule

      Member: Mr. Speaker, by direction of the Committee on Rules, I 
    present a privileged report for printing under the Rule.
      The Speaker: The Clerk will report the title of the resolution. 
    [After Clerk reports title.] The report is referred to the House 
    Calendar and is ordered to be printed.

                             Calling Up a Rule

      Member: Mr. Speaker, by direction of the Committee on Rules, I 
    call up House Resolution  ____ and ask for its immediate 
    consideration.
      The Speaker: The Clerk will report the resolution. [After the 
    resolution is read in full.] The gentleman from  ____ is recognized 
    for one hour.

                  Calling Up Rule on Same Day It Is Filed

      Member: Mr. Speaker, by direction of the Committee on Rules, I 
    present a privileged report for printing under the Rule.
      The Speaker: The Clerk will report the title of the resolution. 
    [After Clerk reports title.] The report is referred to the House 
    Calendar and is ordered to be printed.
      The Speaker: The question is, will the House consider the 
    resolution. [If two-thirds of those voting, a quorum being present, 
    vote in the affirmative.] The House has voted to consider the 
    resolution and the gentleman from  __________ is recognized for one 
    hour.

[[Page 846]]

  Sec. 4 . Debate on Special Rules; Voting

      Special-order resolutions reported from the Committee on Rules are 
  considered in the House, as distinguished from the Committee of the 
  Whole. They are debatable under the hour rule (Manual Sec. 758), and 
  require a majority vote for adoption (4 Hinds Sec. 3169). The 
  resolution is not subject to division (Rule XVI clause 6; Manual 
  Sec. 791). The two-thirds vote needed for same-day consideration does 
  not alter the requirement that a simple majority actually adopt the 
  resolution. Deschler Ch 21 Sec. 18. See also Voting.
      A Member recognized to call up an order-of-business resolution by 
  direction of the Committee on Rules controls one hour of debate 
  thereon and may offer one or more amendments thereto (95-1, July 29, 
  1977, p 25653), and authorization of the committee is not required 
  should the proponent exercise his right to amend. 101-2, Sept. 25, 
  1990, p ____. Other Members may be recognized only if yielded time. 
  90-2, Oct. 8, 1968, pp 30217, 30222-24. It is customary for the Member 
  calling up the resolution to yield 30 minutes of the hour to a 
  minority member of the Committee on Rules for purposes of debate only. 
  The minority member is permitted to yield his time in segments to 
  other Members. The resolution is not subject to amendment from the 
  floor unless the Member in charge yields for that purpose or unless 
  the House fails to order the previous question. 94-2, Feb. 26, 1976, 
  pp 4625, 4626; 98-2, Feb. 22, 1984, p 2965; 99-2, Sept. 24, 1986, p 
  25889. Debate is not limited to the specifications of the resolution 
  but may go to the merits of the underlying bill, since the issue is 
  whether the bill should be considered under the terms specified or 
  considered at all. 96-1, July 25, 1979, p 20609.
      In the event that the previous question is rejected, the Member 
  who has led the opposition will be recognized by the Chair for one 
  hour. The Member recognized may yield such time as he desires, may 
  offer a germane amendment to the resolution, and may move the previous 
  question on the amendment and the resolution. Deschler Ch 21 Sec. 18. 
  Following the rejection of the previous question on a rule, the 
  strictures against dilatory motions in Rule XI clause 4(b) no longer 
  apply; motions to table or refer may be offered following the 
  rejection of the previous question. Manual Sec. 729b.
      The Speaker has the authority to postpone for up to two 
  legislative days a record vote on ordering the previous question or on 
  the adoption of a rule. See Rule I clause 5(b), Manual Sec. 631. See 
  Voting.

[[Page 847]]

  Sec. 5 . Modification of Special Rules

                               By Resolution

      The Committee on Rules may report a privileged resolution 
  modifying the operation or effect of a previous special order reported 
  by that committee and adopted by the House. 96-2, Apr. 30, 1980, p 
  9467. Such a resolution may provide additional procedures to govern 
  the further consideration of a measure already pending in Committee of 
  the Whole, and may include limitations on further debate or 
  amendments. 98-1, May 4, 1983, p 11036.

                           By Unanimous Consent

      A special rule reported from the Committee on Rules while pending 
  before the House may be modified by unanimous consent. 96-1, Sept. 28, 
  1979, p 26834; 98-1, July 14, 1983, p 19140. By unanimous consent the 
  House has altered the terms of an adopted special order to make an 
  additional amendment in order in the Committee of the Whole (100-2, 
  Aug. 11, 1988, p 22105), or to change the specified order or sequence 
  of amendments in Committee (101-2, Oct. 3, 1990, p ____).
      A unanimous-consent request to modify the terms established by a 
  special order should be made in the House even if the special order 
  provides for the consideration of a measure in the Committee of the 
  Whole. An appropriate time to request unanimous consent to modify the 
  terms of such a special order is after its adoption by the House and 
  prior to consideration of the underlying measure in the Committee. 99-
  2, Sept. 24, 1986, p 25889.
      Once consideration of the underlying measure has begun in the 
  Committee of the Whole, the Committee has no authority to 
  significantly change the applicable special rule. Manual Sec. 877a. 
  Unanimous-consent requests may be entertained in the Committee if 
  their effect is to allow a minor or incidental change from the 
  procedure required by the special rule. 93-2, Mar. 26, 1974, p 8239. 
  But where a unanimous-consent request proposes to directly alter the 
  basic structure of the rule, the Chair should refuse to entertain the 
  request. See 93-1, Dec. 12, 1973, p 41153. For example, the Chair has 
  refused to entertain unanimous-consent requests:

     To permit a substitute to be read by sections for amendment 
         where the special rule did not so provide. 93-1, Dec. 12, 1973, 
         p 41153.
     To extend the time limitation for consideration of amendments 
         beyond that set by a special order, which required the question 
         to be put after a specified number of hours. 102-1, Oct. 30, 
         1991, p ____.
     To modify the terms of a special order permitting 
         consideration of certain amendments only en bloc. 99-2, Sept. 
         11, 1986, p 22871.

[[Page 848]]

     To change the control of time for general debate by certain 
         Members as allocated by special rule. 99-2, Oct. 9, 1986, p 
         29984.
     To permit consideration of an amendment out of the order 
         specified in a special rule. 100-2, May 25, 1988, p 12275; 102-
         1, Oct. 31, 1991, p ____.

      The Committee of the Whole sometimes rises to permit a unanimous-
  consent request in the House that changes the mandate of a special 
  order. 99-2, Sept. 11, 1986, p 22871.
      Unanimous-consent requests have been entertained in Committee of 
  the Whole:

     To permit the modification of a designated amendment made in 
         order by a special rule. 94-2, Sept. 1, 1976, p 28877.
     To permit a supporter of an amendment to claim debate time 
         allocated by special order to an opponent, where no opponent 
         seeks recognition. 101-2, May 23, 1990, p ____.
     To shorten the time set by special order for debate on a 
         particular amendment. 101-2, Aug. 1, 1990, p ____.
     To lengthen the 10 minutes of controlled debate time set by 
         special rule for debate on an amendment by an additional 10 
         minutes. 102-1, May 21, 1991, p ____.

      In addition, the House may, by unanimous consent, delegate to the 
  Committee of the Whole authority to entertain unanimous-consent 
  requests to change procedures contained in an adopted House special 
  order. 99-2, Aug. 11, 1986, p 20633.
      Recognition to offer a unanimous-consent request, see Unanimous-
  consent Agreements.


  Sec. 6 . Types of Special Rules

      In recent Congresses, special orders of business have provided for 
  the consideration of amendments in a variety of ways, from ``open'' 
  rules (which are silent on the amendment structure) to ``closed'' 
  (which deny all amendments). In between these two extremes, special 
  orders have:

     Specified consideration that is open in part and restricted in 
         part.
     Permitted only specified amendments.
     Required amendments to be printed.
     Specified that certain amendments be ``considered as 
         adopted.''
     Authorized the floor manager to offer en bloc amendments 
         consisting of the text of other amendments made in order.
     Left the amendment process open but only within a certain time 
         frame.

  One procedure involving the consideration of amendments is called 
  ``King of the Hill.'' While regular order does not permit further 
  amendments to a

[[Page 849]]

  text once it has been amended in its entirety, a ``King of the Hill'' 
  rule permits several substitute amendments to be voted on, with the 
  last one adopted the one to be finally voted on in the House. More 
  recently the Committee on Rules has reported a special order of 
  business providing for a variation of that procedure. This procedure 
  permits consideration of conflicting amendments in a series with the 
  one winning the most votes being finally voted on in the House.

      Reports of special orders of business often make in order as 
  original text something other than the text of the introduced measure. 
  For example, the base text may be specified to be:

     A substitute reported by the committee of jurisdiction (the 
         most common text made in order).
     The text of another introduced bill or a specified preprinted 
         amendment.
     An amendment first adopted in the Committee of the Whole (104-
         1, Aug. 2, 1995, p ____).
     Original text as modified by amendments ``self-executed'' 
         (i.e., considered adopted) upon the adoption of the special 
         order or of the amendments in the Committee of the Whole (104-
         1, Apr. 15, 1995, p ____).

      Special orders of business often relate to the consideration of 
  conference reports and amendments between the Houses. For example a 
  rule may:

     Permit a motion to ``hook-up'' a House-passed measure with a 
         similar Senate-passed measure and permit a motion to go to 
         conference.
     Waive points of order, thus permitting consideration of a 
         conference report which would otherwise be vulnerable to a 
         point of order.
     Provide for a motion to dispose of Senate amendments to a 
         House bill (104-1, Dec. 13, 1995, p ____).
     Permit a third-degree amendment to be offered to a Senate 
         amendment.
     Allow conferees to refile a conference report in a corrected 
         form without a new meeting or new signatures (104-1, Nov. 17, 
         1995, p ____).

      The Committee on Rules may report resolutions which provide 
  special procedures to expedite consideration or accomplish specific 
  results. For example, they may:

     Permit the Chairman of the Committee of the Whole to postpone 
         and cluster requests for recorded votes on amendments offered 
         in the Committee of the Whole.
     Give priority of recognition for the offering of amendments to 
         Members who preprinted their amendments in the Congressional 
         Record.
     Adopt a concurrent resolution correcting an enrollment (104-1, 
         June 29, 1995, p ____).
     Link two measures separately considered into one engrossment 
         (102-1, Oct. 16, 1991, p ____).


[[Page 850]]



      Prior to the adoption of the rules, a special order of business 
  has been offered at the direction of the majority party conference to 
  provide for consideration in the House of a resolution to adopt the 
  rules of a new Congress (104-1, Jan. 4, 1995, p ____).



[[Page 851]]

 
                            SUSPENSION OF RULES

  Sec.  1. Generally; Motions to Suspend
  Sec.  2. Uses of the Motion
  Sec.  3. Rules Suspended by Adoption of Motion
  Sec.  4. When Motion is in Order; Notice
  Sec.  5. Precedence of Motion; Application of Other Motions
  Sec.  6. Offering the Motion; Recognition
  Sec.  7. Consideration and Debate
  Sec.  8. Amendments
  Sec.  9. Withdrawal of Motion
  Sec. 10. Voting on the Motion
        Research References
          5 Hinds Secs. 6790-6862
          8 Cannon Secs. 3397-3426
          6 Deschler Ch 21 Secs. 9-15
          Manual Secs. 902-907


  Sec. 1 . Generally; Motions to Suspend

                                In General

      A motion to suspend the rules is authorized by House Rule XXVII 
  clause 1, adopted in its original form in 1822. Manual Sec. 902. The 
  motion is privileged (Sec. 5, infra), but is in order only on the days 
  specified by the rule (Sec. 4, infra), with recognition to make the 
  motion being at the discretion of the Speaker (Sec. 6, infra). The 
  motion, which no longer requires a second (Sec. 6, infra), is 
  debatable for 40 minutes (Sec. 7, infra), is not amendable (Sec. 8, 
  infra), and requires a two-thirds vote for adoption (Sec. 10, infra).

            Effect of Special Rules From the Committee on Rules

      The Committee on Rules may report a resolution authorizing the 
  consideration of a bill on which suspension has been rejected by the 
  House. 8 Cannon Sec. 3392; Deschler Ch 21 Sec. 15.8. The House may 
  also adopt a special rule to permit suspension motions on other days 
  of the week or to permit the House to suspend the rules by majority 
  vote as distinguished from a two-thirds vote. 8 Cannon Sec. 3393.

[[Page 852]]

  Sec. 2 . Uses of the Motion

                                In General

      In the early practice the motion to suspend the rules was used 
  only to enable a matter to be taken up. 5 Hinds Secs. 6852, 6853. 
  Under the modern practice, it is possible by one motion both to bring 
  a matter before the House and pass it under suspension of the rules. 
  The proponent moves ``to suspend the rules and pass'' the bill. 5 
  Hinds Secs. 6846, 6847. In this form, all rules which would ordinarily 
  impede an immediate vote on passage of a measure are set aside. The 
  underlying bill is passed without the intervention of questions such 
  as ordering the previous question, third reading, or recommittal. See 
  Sec. 5, infra.
      A motion to suspend the rules may provide for the discharge of a 
  committee from the consideration of a bill and for the final passage 
  of it. 5 Hinds Sec. 6850. Indeed, the motion to suspend may provide 
  for a series of procedural steps, such as the reconsideration of the 
  vote passing a bill, the amendment of the bill, and its passage again. 
  5 Hinds Sec. 6849. Forms for offering motion, see Sec. 6, infra.

                       To Pass Legislative Measures

      Under the modern practice, the motion to suspend the rules is used 
  frequently to pass reported legislative measures which are perceived 
  to have a broad degree of support and little need for prolonged 
  debate. It is also available to bring before the House bills which 
  would otherwise be subject to the inhibitions of other House rules and 
  to a point of order. See 8 Cannon Sec. 3424; Deschler Ch 21 Sec. 9. 
  The motion may provide for the passage of a bill even if the bill has 
  not been reported or referred to any calendar or even previously 
  introduced. 8 Cannon Sec. 3421. The motion may be used (inter alia):

     To adopt a proposed amendment to the U.S. Constitution (both 
         the motion and the amendment requiring a two-thirds vote). 
         Deschler Ch 21 Sec. 9.21.
     To pass an original bill or resolution submitted from the 
         floor and not considered by a committee. Deschler Ch 21 
         Sec. 9.19.
     To pass a bill which is pending before a committee but which 
         has not been reported. Deschler Ch 21 Sec. 9.
     To pass a Senate bill similar to a House bill. Deschler Ch 21 
         Sec. 9.3.
     To pass a Senate bill as amended, insist on the House 
         amendment and request a conference. 103-2, Mar. 24, 1994, p 
         ____.

[[Page 853]]

     To take a bill from the Speaker's table and agree to Senate 
         amendments. 8 Cannon Sec. 3425.
     To pass a resolution providing for concurrence in nongermane 
         Senate amendments to a House bill or for concurrence with a 
         further House amendment. 93-1, Dec. 21, 1973, p 43251.

      If a motion to suspend the rules and pass a proposition is voted 
  down, a similar proposition may be brought up under another motion to 
  suspend the rules (Deschler Ch 21 Sec. 15.7) or pursuant to a special 
  rule from the Committee on Rules (Deschler Ch 21 Sec. 15.8).

                         To Provide Special Orders

      In the early practice, the motion to suspend the rules was used 
  frequently to adopt special orders for the consideration of business. 
  5 Hinds Sec. 6820. Today, special rules or orders for the 
  consideration of particular business are usually adopted pursuant to a 
  simple majority vote of the House on a report from the Committee on 
  Rules (4 Hinds Sec. 3169; 5 Hinds Sec. 6790) or by unanimous consent 
  (Deschler Ch 21 Sec. 9), but motions to suspend the rules are still 
  used:

     To adopt special orders of business without a report by the 
         Committee on Rules. Deschler Ch 21 Secs. 9.13-9.18.
     To permit several bills to be reported. 5 Hinds Sec. 6857.
     To take up for consideration a House joint resolution with 
         Senate amendments and agree to a conference. Deschler Ch 21 
         Sec. 9.13.
     To agree to a conference report which has been ruled out of 
         order by the Speaker (93-2, Dec. 20, 1974, p 41860) or which 
         has not been printed (8 Cannon Sec. 3423), or which contains 
         matter not in disagreement between the two Houses (8 Cannon 
         Sec. 3406).
     To recommit a conference report to a conference committee. 
         Deschler Ch 21 Sec. 9.5.
     To adopt a resolution extending the time for debate on a 
         motion. Deschler Ch 21 Sec. 9.18.


  Sec. 3 . Rules Suspended by Adoption of Motion

                                In General

      If not otherwise qualified, and if not specifically prohibited by 
  House rule, a motion to suspend the rules, if adopted, suspends all 
  rules, including the standing rules of the House, the unwritten law 
  and practice of the House (8 Cannon Sec. 3406), as well as the 
  parliamentary rules as stated in Jefferson's Manual (5 Hinds 
  Sec. 6796). The motion may be used to suspend a rule requiring that a 
  quorum be present when a bill is reported from committee. 102-2, Sept. 
  22, 1992, p ____. And no points of order against the consideration of 
  the bill may be raised, such as points of order based on defects in 
  report-

[[Page 854]]

  ing the bill, Ramseyer rule violations, or the like. Deschler Ch 21 
  Secs. 9.7-9.12.

                      Rules Not Subject to Suspension

      Where a particular rule of the House states that its requirement 
  is not subject to suspension, the Speaker may not entertain a motion 
  for the suspension of that particular requirement. 5 Hinds Secs. 7270, 
  7283, 7285. Among these rules are:

     The rule relating to the use of the Hall of the House. Manual 
         Sec. 918.
     The rule relating to the privileges of the floor. Manual 
         Sec. 919.
     The rule prohibiting the introduction of gallery occupants. 
         Manual Sec. 764.


  Sec. 4 . When Motion is in Order; Notice

      The motion to suspend the rules is in order only on the calendar 
  days of Monday and Tuesday, and during the last six days of a session. 
  Rule XXVII clause 1. Manual Sec. 902. However, the Speaker may be 
  authorized to recognize for motions to suspend the rules on other days 
  by unanimous consent (Deschler Ch 21 Sec. 10.2) or by resolution 
  (Deschler Ch 21 Sec. 10.3). The ``last six days'' are not applicable 
  until both Houses have agreed to a concurrent resolution establishing 
  a date for sine die adjournment (or until the final six days of a 
  session under the Constitution). 92-2, Oct. 3, 1972, p 33501.
      Separate days were formerly accorded to committee motions and 
  motions offered by individual Members, but this distinction is no 
  longer recognized. Deschler Ch 21 Sec. 11.1.

                            Notice Requirements

      The rules and precedents of the House require no advance notice to 
  Members of bills called up under suspension. 95-2, Mar. 20, 1978, p 
  7535. And copies of reports on bills considered under suspension are 
  not required to be available in advance. 96-1, May 21, 1979, p 11943. 
  However, most bills considered in the House pursuant to a motion to 
  suspend the rules are on a list maintained by the leadership which 
  identifies those bills on which motions to suspend will be entertained 
  by the Speaker on a given day. This list is maintained so as to give 
  appropriate notice to the Members, and ordinarily only such bills as 
  have been cleared with the leadership through this procedure are 
  brought up under suspension. Deschler Ch 21 Sec. 9.

[[Page 855]]

  Sec. 5 . Precedence of Motion; Application of Other Motions

                     When the Motion Takes Precedence

      The consideration of a motion to suspend the rules and pass a 
  measure is privileged in the House if made on a day on which the 
  Speaker is authorized to recognize for such motions. Thus the Speaker 
  may recognize for such a motion notwithstanding the pendency on Monday 
  of a request for recognition to consider District of Columbia 
  business, the matters being of equal privilege. Deschler Ch 21 
  Sec. 10.7. The motion is also of equal privilege with the motion to 
  instruct conferees after 20 days of conference. 100-2, Mar. 1, 1988, p 
  2750.
      Where the motion provides for both suspension of the rules and 
  action on the proposition, it is entertained although the yeas and 
  nays may have been demanded on another highly privileged motion (5 
  Hinds Sec. 6835), or although the previous question may have been 
  ordered or moved on another matter (5 Hinds Secs. 6827, 6831-6833; 8 
  Cannon Sec. 3418). The motion is admitted pending a decision on a 
  point of order on the pending matter. 8 Cannon Secs. 3422, 3424.

                            When Motion Yields

      When a question of the privilege of the House is pending, such as 
  an election contest, that question takes precedence over a motion to 
  suspend the rules. 5 Hinds Sec. 6825. Similarly, if a question as to 
  the administration of the oath of office of a Member is pending, a 
  motion to suspend the rules is not in order. 5 Hinds Sec. 6826. The 
  motion also yields to the consideration of a bill under a special 
  order (5 Hinds Sec. 6838), motions from the Discharge Calendar (7 
  Cannon Sec. 1018), and the motion to adjourn (5 Hinds Secs. 5743-
  5746), but only one motion to adjourn (8 Cannon Sec. 2823; Deschler Ch 
  21 Sec. 13.16) unless a quorum fails (5 Hinds Secs. 5744, 5746).
      Since there cannot be two motions to suspend the rules pending at 
  the same time (5 Hinds Secs. 6836, 6837), a pending motion must be 
  disposed of before another one can be entertained by the Chair. 5 
  Hinds Sec. 6814.

                       Application of Other Motions

      Many motions which are commonly offered during the consideration 
  of a measure are inapplicable to the motion to suspend. The motion to 
  suspend may not be tabled (5 Hinds Sec. 5406), postponed by motion (5 
  Hinds Sec. 5322), recommitted (5 Hinds Sec. 6860), or divided for a 
  vote (5 Hinds Secs. 6141-6143, 6860). The motion to amend may not be 
  applied to a motion to suspend the rules (5 Hinds Sec. 5405), and the 
  motions for the previous question and

[[Page 856]]

  to recommit are not applicable to a proposition being considered under 
  suspension (Deschler Ch 21 Sec. 13.17).
      The motion to reconsider may not be applied to a negative vote on 
  the motion to suspend. 5 Hinds Sec. 5645; 8 Cannon Sec. 2781.


  Sec. 6 . Offering the Motion; Recognition

                          The Speaker's Discretion

      The Speaker is not required to recognize for motions to suspend 
  the rules. 5 Hinds Secs. 6791-6794. On suspension days, recognition 
  for a motion to suspend the rules lies entirely within the discretion 
  of the Speaker. 5 Hinds Secs. 6791-6794; 8 Cannon Secs. 3402-3404; 
  Deschler Ch 21 Secs. 11.4-11.6. In the exercise of his discretion, the 
  Speaker may recognize for a motion to suspend the rules on a bill even 
  though the House has previously rejected a similar motion on the same 
  bill. Deschler Ch 21 Sec. 11.9.
      As noted elsewhere (Sec. 4, supra), bills and resolutions to be 
  brought up under suspension are normally cleared with the leadership, 
  and the Speaker may decline recognition for a motion which does not 
  comply with this practice, but he has the discretion to recognize for 
  a motion to suspend the rules and pass emergency legislation which has 
  not been scheduled in advance. Deschler Ch 21 Sec. 9.22.
      For many years, the motion to suspend the rules required a second, 
  so that the House, without debate, could decline to entertain the 
  motion. A second was usually considered ordered by unanimous consent; 
  but if challenged the question was determined by a vote with tellers. 
  The practice of requiring a second was dropped by a change in the 
  rules adopted in the 102d Congress. 102-1, Jan. 3, 1991, p ____ (H. 
  Res. 5).
      The Speaker ordinarily extends recognition to the chairman of the 
  committee having jurisdiction over the subject matter of the 
  proposition. Deschler Ch 21 Secs. 11.10-11.13. The chairman is not 
  required to have the authorization of his committee to so move. 
  Deschler Ch 21 Sec. 11.11.

                                   Forms

      Mr. Speaker, I move to suspend the rules and to pass the bill, 
    H.R. __________ [as amended].

      Note: The title of the bill is read by the Clerk; the Member's 
  motion need not recite the title.

      Mr. Speaker, I move to suspend the rules and agree to the House 
    Resolution, H. Res. __________ [as amended].
      Mr. Speaker, I move to suspend the rules and concur in the Senate 
    amendment to the bill H.R. __________.
      Mr. Speaker, I move to suspend the rules and adopt [or recommit] 
    the conference report on H.R. __________.

[[Page 857]]

      Mr. Speaker, I move to suspend the rules and agree to the 
    resolution I send to the desk.

  Sec. 7 . Consideration and Debate

                           Reading Requirements

      Under the early practice, it was held that the motion to suspend 
  the rules did not dispense with the reading of the bill called up for 
  consideration pursuant to the suspension procedure. 5 Hinds Sec. 5277; 
  8 Cannon Sec. 3400. Under the modern suspension practice, the motion 
  is itself read, as is the title of the bill being considered, but 
  other reading requirements are ordinarily deemed waived. Deschler Ch 
  21 Sec. 14.4.

                                  Debate

      A motion to suspend the rules is debatable under Rule XXVII clause 
  2 even though the proposition presented is itself not otherwise 
  debatable. 5 Hinds Sec. 6822. 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. 102-1, Nov. 23, 1991, p ____.
      Motions to suspend the rules are debatable for 40 minutes under 
  the controlling rule, with 20 minutes to be given to debate in favor 
  of the proposition and 20 minutes in opposition. Manual Sec. 907. The 
  40 minutes of debate is divided between the mover and a Member opposed 
  to the bill. If it develops that the mover is opposed to the bill, 
  some Member in favor is recognized for debate. 8 Cannon Sec. 3416.
      A Member rising to claim 20-minutes' time in opposition may be 
  challenged by another Member:

      Member: Is the gentleman seeking recognition opposed to the 
    motion? If not I demand the time in opposition.

      The rule and precedents (5 Hinds Sec. 6802; 8 Cannon Sec. 3415) 
  prescribe priorities in recognition for control of time in opposition 
  to a motion to suspend the rules:

     Opponents have priority.
     Among opponents, members of the committee of jurisdiction have 
         priority.
     Among committee members opposed, minority members have 
         priority in order of full committee seniority.

      The allocation of the time is within the discretion of the Members 
  controlling it (Deschler Ch 21 Sec. 13.10), and alternation of 
  recognition between Members on both sides of the aisle is not required 
  (2 Hinds Sec. 1442; Deschler Ch 21 Sec. 13.9). No Member may speak in 
  debate on the motion unless he is yielded time by one of the Members 
  in control of the time.

[[Page 858]]

  Deschler Ch 21 Sec. 13.7. And time yielded to a Member may not be 
  reserved or yielded to a third Member. 8 Cannon Sec. 3417.
      The proponent of the motion is entitled to open and close debate 
  in favor of the motion. Deschler Ch 21 Secs. 13.13, 13.14.
      The House may by unanimous consent or resolution alter the normal 
  procedure for debate on the motion; in so doing, the House may extend 
  the time for debate or designate the Members to control the time. 8 
  Cannon Sec. 3414; Deschler Ch 21 Secs. 13.3, 13.18. Where debate is 
  extended by unanimous consent, the Speaker divides the time in the 
  same ratio as during the 40 minutes of debate allowed by the rule. 8 
  Cannon Sec. 3415.


  Sec. 8 . Amendments

      Amendments from the floor are not in order to propositions being 
  considered for passage under suspension of the rules. 5 Hinds 
  Secs. 5405, 6858, 6859; Deschler Ch 21 Sec. 14.8. Only those 
  amendments included in the motion to suspend are in order, and the 
  Member making the motion may not yield to other Members for further 
  amendment. Deschler Ch 21 Sec. 14.6. This prohibition against offering 
  amendments applies to pro forma amendments and to motions to strike 
  the enacting clause. Deschler Ch 21 Secs. 14.11, 14.12. If it is 
  desired, after a motion to suspend the rules and pass a bill has been 
  offered, to amend the proposition, it is necessary to withdraw the 
  motion and reoffer it in new form. Deschler Ch 21 Sec. 14.3.
      The bill and any proposed amendments in the motion are reported 
  (usually by title only) and considered as one entity, and no separate 
  vote is taken on the amendments. Deschler Ch 21 Secs. 14.4, 15.5. 
  Committee approval of such amendments is not required. Deschler Ch 21 
  Sec. 14.2; 102-2, June 22, 1992, p ____.


  Sec. 9 . Withdrawal of Motion

      A motion to suspend the rules may be withdrawn or modified (5 
  Hinds Secs. 6840, 6844; 8 Cannon Secs. 3405, 3419) at any time before 
  the Chair puts the question and a voice vote is taken thereon. 97-1, 
  July 27, 1981, pp 17561-63. And the motion may be withdrawn by 
  unanimous consent even after the Speaker has put the question on its 
  adoption. Deschler Ch 21 Sec. 13.23.

[[Page 859]]

  Sec. 10 . Voting on the Motion

                                In General

      A two-thirds vote is required for the adoption of a motion to 
  suspend the rules under Rule XXVII clause 1. Manual Sec. 902. ``[T]wo-
  thirds of the Members voting'' is construed as two-thirds of the 
  Members present and voting for or against the motion (votes of those 
  ``present'' are not counted). Deschler Ch 21 Sec. 15.2; 97-1, Dec. 16, 
  1981, pp 31850-56. The two-thirds vote requirement may be waived 
  pursuant to a special order from the Committee on Rules authorizing a 
  suspension of the rules by a simple majority vote. 8 Cannon 
  Secs. 3393, 3399.

                             Postponing Votes

      Roll call votes on a motion to suspend the rules may be postponed 
  by the Speaker under the conditions specified by Rule I clause 5(b). 
  Under this rule, the Speaker may postpone such a vote to a designated 
  time or place in the legislative schedule within two legislative days. 
  Manual Sec. 631. At the designated time, the Speaker puts the question 
  on each motion on which further proceedings have been postponed in the 
  order in which the motions have been entered. 93-2, June 4, 1974, p 
  17521. (Postponing votes generally, see Voting.)
      Once the Speaker has postponed roll call votes to occur at a 
  designated place in the legislative schedule, he may subsequently 
  redesignate the time when the votes will be taken within the 
  appropriate period. 98-2, June 5, 1984, p 14897; 98-2, June 6, 1984, p 
  15080; 100-2, Oct. 3, 1988, pp 27782, 27878.
      Where the Speaker postpones further proceedings on a motion under 
  this rule, the question is no longer being put to a vote for purposes 
  of permitting a point of order of no quorum until the question recurs 
  as unfinished business. 95-1, Sept. 26, 1977, p 30948. And it is too 
  late to demand a recorded vote on the motion after the Speaker has 
  announced that further proceedings on that motion have been postponed. 
  The demand is not in order until the motion is again before the House 
  as unfinished business. 93-2, June 17, 1974, p 19334.



[[Page 861]]

 
                       UNANIMOUS-CONSENT AGREEMENTS

  Sec.  1. In General; Effect of Agreement
  Sec.  2. Recognition of Members for Requests
  Sec.  3. Timeliness
  Sec.  4. Stating the Request; Withdrawal
  Sec.  5. Objecting to the Request
  Sec.  6. Reserving Objections
  Sec.  7. Scope of Request; Particular Uses or Applications
  Sec.  8. -- Application to Debate
  Sec.  9. Limitations on Requests; Grounds for Denial
  Sec. 10. Reconsideration; Modification or Revocation of Agreement
        Research References
          4 Hinds Secs. 3058-3060, 3155-3159
          7 Cannon Secs. 758-763
          7 Deschler Ch 23 Secs. 42-48
          Manual Secs. 528, 757, 854, 870, 872, 877a, 881

  Sec. 1 . In General; Effect of Agreement

                                 Generally

      A request for unanimous consent is in effect a motion (8 Cannon 
  Sec. 2794) to suspend the order of business temporarily (4 Hinds 
  Sec. 3058) so as to permit some action which is not in dispute and to 
  which no Member has any objection. An objection by any Member 
  terminates the request. Deschler Ch 23 Sec. 45.6.
      The practice of the House in allowing some action to be taken by 
  unanimous consent began in the 1830's, when the House, responding to 
  the increased pressure of legislative activity, unanimously agreed to 
  a special order permitting it to consider a bill which was not in the 
  regular order of business. 4 Hinds Sec. 3155. This use has now become 
  commonplace. In the modern practice in the House, many items of 
  business are considered as a result of unanimous-consent requests. The 
  device is also used to facilitate passage--to expedite the reading of 
  a bill, to control or extend the time for debate, or to take a recess. 
  Secs. 7, 8, infra. See also Consideration and Debate.

[[Page 862]]

                Availability in the Committee of the Whole

      Unanimous-consent requests are in order both in the House and the 
  Committee of the Whole. Thus, unless in conflict with a House order or 
  special rule, the committee may by unanimous consent permit the 
  withdrawal of an amendment (Rule XXIII clause 5), limit general debate 
  (8 Cannon Sec. 2553) or provide that a bill shall be considered as 
  having been read and open to amendment (Manual Sec. 872). However, 
  unanimous consent may not be requested in the Committee of the Whole 
  on matters properly cognizable only in the House. Manual Sec. 877a; 
  Deschler Ch 23 Secs. 48.15, 48.16.


  Sec. 2 . Recognition of Members for Requests

                                 Generally

      The recognition of Members to offer unanimous-consent requests is 
  at the discretion of the Chair. Deschler Ch 23 Sec. 45.4. A Member 
  seeking unanimous consent for some purpose must be recognized by the 
  Chair for that specific purpose and a Member so recognized may not 
  seek the further consent of the House for some other purpose. Thus, a 
  Member may not be recognized to consider a particular bill where he 
  has been recognized only to proceed for one minute. Deschler Ch 23 
  Sec. 48.3.
      The Speaker may decline recognition where the Member making the 
  request has failed to comply with the Speaker's policy that he and the 
  majority leaders be notified in advance of the intention to submit 
  unanimous-consent requests for changes in the order of business. 6 
  Cannon Sec. 708; Deschler Ch 23 Sec. 44.1. In recent years, the 
  Speaker has consistently declined to recognize Members to seek 
  consideration of unreported bills by unanimous consent unless assured 
  that the majority and minority floor and committee leaderships have no 
  objection. Manual Sec. 757; 98-2, Jan. 25, 1984, p 354; 102-1, Jan. 3, 
  1991, p ____; 103-1, Jan. 5, 1993, p ____. In the 103d Congress this 
  policy was extended to reported bills (103-1, July 23, 1993, p ____) 
  and in the 102d Congress to the consideration of nongermane amendments 
  to bills (102-1, Nov. 14, 1991, p ____). The Speaker's authority to 
  decline to recognize individual Members to request unanimous consent 
  for the consideration of bills derives from clause 2 of Rule XIV, 
  which confers the general power of recognition on the Speaker. 98-2, 
  Jan. 26, 1984, p 449. The Speaker has often enunciated his policies 
  with respect to recognition for unanimous-consent requests. Deschler 
  Ch 23 Sec. 44.2. 98-2, Apr. 26, 1984, p 10194.

[[Page 863]]

  Sec. 3 . Timeliness

      Unanimous-consent requests must be timely (Deschler Ch 23 
  Sec. 45.4); they cannot be entertained:

     In the House after the House has voted to go into the 
         Committee of the Whole. 4 Hinds Sec. 4727.
     When the absence of a quorum has been announced in the House. 
         6 Cannon Secs. 660, 686, 689.
     During proceedings incident to securing a quorum of the 
         Committee of the Whole. 8 Cannon Sec. 2379.

     During consideration of a previous unanimous-consent request 
         by another Member. Deschler Ch 23 Sec. 48.1.

      An objection to a unanimous-consent request must be timely made. 
  Thus, when unanimous consent has been given for the consideration of a 
  bill, amendments may be offered and may not be prevented by a 
  subsequent objection of a Member. 5 Hinds Sec. 5782. It is ordinarily 
  too late to object to a unanimous-consent request after the Chair has 
  asked if there is objection and has announced that he hears none. 
  Deschler Ch 23 Sec. 45.3.


  Sec. 4 . Stating the Request; Withdrawal

      A Member seeking the unanimous consent of the House on some matter 
  should rise and address the Chair. If he has more than one request, 
  they should be put one at a time. Requests may not be coupled or put 
  in the alternative. 6 Cannon Sec. 709; Deschler Ch 23 Sec. 43.2. And 
  one unanimous-consent request should not be made contingent upon 
  another. 6 Cannon Sec. 709.
      It is the Speaker's statement of the request as put to the House 
  that is controlling; and he may recognize only such objections as are 
  heard after he has put the request to the House. Deschler Ch 23 
  Sec. 43.1.
      A Member may withdraw his unanimous-consent request at any time 
  before House action thereon, and unanimous consent to do so is not 
  required. Deschler Ch 23 Sec. 43.4.


  Sec. 5 . Objecting to the Request

                                 Generally

      An objection to a unanimous-consent request terminates the 
  request, even if the objection is subsequently withdrawn. Deschler Ch 
  23 Sec. 45.6. And since a request for unanimous consent is in effect a 
  request to suspend the order of business temporarily, a demand for the 
  ``regular order'' may be

[[Page 864]]

  made at any time while the request is being stated and is equivalent 
  to an objection. 4 Hinds Sec. 3058.
      An objection to a unanimous-consent request may be made by any 
  Member (Deschler Ch 23 Sec. 42), including the Speaker (8 Cannon 
  Sec. 3383) or the Chairman of the Committee of the Whole (Deschler Ch 
  23 Sec. 45.5). A Delegate can also object. 6 Cannon Sec. 241; 98-2, 
  June 29, 1984, p 20267.
      When objecting to a unanimous-consent request, a Member must rise 
  from his seat (2 Hinds Sec. 1137; 102-2, June 23, 1992, p ____) and be 
  identified for the Record (98-2, Oct. 4, 1984, p 30042). The objection 
  is properly made to the request as put by the Chair, not as put by the 
  Member making the request. Deschler Ch 23 Sec. 45.


  Sec. 6 . Reserving Objections

      A Member may reserve the right to object to a unanimous-consent 
  request and by so doing obtains the floor. Deschler Ch 23 Sec. 42. 
  However, recognition for this purpose is within the discretion of the 
  Speaker, and he may refuse to permit debate under the reservation and 
  put the question on the request. Deschler Ch 23 Secs. 46.1, 46.2.
      A Member reserving the right to object to a unanimous-consent 
  request holds the floor under that reservation subject to a demand for 
  the regular order by any Member or by the Chair. 103-1, Feb. 17, 1993, 
  p ____. A Member controlling the floor under a reservation of the 
  right to object looses the floor if the request is withdrawn (Deschler 
  Ch 23 Sec. 46.4) or if the regular order is demanded (6 Cannon 
  Secs. 287, 288; Deschler Ch 23 Sec. 46.3). If the regular order is 
  demanded, the reserving Member must either object or withdraw his 
  reservation. Deschler Ch 23 Sec. 46.6; 103-1, Feb. 17, 1993, p ____.


  Sec. 7 . Scope of Request; Particular Uses or Applications

      The unanimous-consent procedure is commonly used to change the 
  regular order or waive the application of a particular rule. Under 
  this practice, the House may by unanimous consent waive the 
  requirement of a rule unless the rule in question specifies that it is 
  not subject to waiver, even by unanimous consent. 91-2, July 29, 1970, 
  p 24619. The unanimous-consent procedure is applied across a wide 
  range of House business. It may be used:

     To swear in a Member-elect pending arrival of his credentials. 
         6 Cannon Sec. 12.
     To take up a matter for consideration in the House as in 
         Committee of the Whole. 4 Hinds Sec. 4923.

[[Page 865]]

     To increase the number of Members on a standing committee. 8 
         Cannon Sec. 3381.
     To refer a bill for the payment of a private claim against the 
         government. See Rule XXI clause 4.
     To correct a reference to committee. Manual Sec. 854.
     To call up for consideration a nonprivileged resolution. 
         Deschler Ch 23 Sec. 47.4.
     To consider a bill under the general rules of the House. 87-1, 
         July 31, 1961, p 14050; 91-1, Mar. 27, 1969, p 7895.
     To call up as privileged a bill not otherwise in order. 92-1, 
         Sept. 29, 1971, p 33826; 95-1, Feb. 17, 1977, pp 4579-81.
     To present a bill in advance of the receipt of the report 
         thereon, or to permit additional time to file the report. 8 
         Cannon Sec. 2783.
     To agree to a special order for the consideration of certain 
         business. 4 Hinds Secs. 3165, 3166; 7 Cannon Secs. 758-760.
     To alter the terms of a special order. 7 Cannon Sec. 763.
     To transact other business on a day set apart for a special 
         purpose. 5 Hinds Sec. 7246.
     To agree to transact no business during a stated period. 7 
         Cannon Secs. 760, 761.
     To offer a perfecting amendment to an amendment which has 
         already been agreed to. Deschler Ch 23 Sec. 47.3.
     To take from the Speaker's table a House bill with Senate 
         amendments and to consider those amendments in the House. 99-2, 
         June 19, 1986, p 16438. See also Sec. 2, supra.
     To permit the House to recede from its own amendment to a 
         Senate amendment prior to the stage of disagreement. 87-1, 
         Sept. 7, 1961, p 18595; 89-2, Apr. 18, 1966, p 8207.
     To dispense with the first reading of a bill in Committee of 
         the Whole. 8 Cannon Sec. 2436.
     To dispense with the reading of an amendment in the Committee 
         of the Whole. Deschler Ch 23 Sec. 47.2.
     To withdraw a pending amendment in Committee of the Whole. 
         Rule XXIII clause 5(a). Manual Sec. 870.
     To return to a portion of a bill passed in the reading for 
         amendment. 8 Cannon Sec. 2929.
     To insert extraneous material in the Congressional Record (5 
         Hinds Sec. 6990; Deschler Ch 23 Sec. 47.11) or to permit 
         Members to revise and extend their remarks or to vacate such 
         permission (98-1, Nov. 15, 1983, p 32746).
     To postpone consideration of a measure (96-1, Mar. 26, 1979, p 
         6239), such as a resolution from the Committee on Rules 
         (Deschler Ch 23 Sec. 47.8) or to postpone certain votes thereon 
         (95-2, Oct. 10, 1978, p 34918).
     To entertain a proposition for a recess. 8 Cannon Sec. 3357. 
         (A House rule permits a recess for a ``short time'' by 
         declaration of the Speaker. See Rule I clause 12.)

[[Page 866]]

     To suspend the order of business to permit the House to vacate 
         an action taken on a bill. 6 Cannon Sec. 711.
     To withdraw papers accompanying bills after they have been 
         submitted to the House. 5 Hinds Sec. 7259.
     To file a report or to file minority views while the House is 
         not in session. 8 Cannon Sec. 2252.
     To withdraw a report from a standing committee. 8 Cannon 
         Sec. 2312.

  Sec. 8 . -- Application to Debate

      The unanimous-consent procedure is frequently used in the House 
  and in the Committee of the Whole to vary the rules governing debate. 
  The procedure may be invoked:

     In the Committee of the Whole to permit minor variances from 
         an adopted special rule in ways congruent with that rule of the 
         House, but not to permit substantive alterations of special 
         orders. Unanimous-consent requests for such alterations must be 
         made in the House. Manual Sec. 877a.
     To divide the time allotted for general debate between two or 
         more Members. 5 Hinds Sec. 5003; 8 Cannon Sec. 2549.
     To increase the 40 minutes of debate allowed on a motion to 
         suspend the rules. 8 Cannon Sec. 3414.
     To close debate on titles of a bill that have not been read. 
         Deschler Ch 23 Sec. 47.1.
     To extend the time which has been fixed for five-minute debate 
         in the Committee of the Whole. 86-2, June 23, 1960, p 24055; 
         90-1, Nov. 15, 1967, p 32691; 95-1, Oct. 20, 1977, p 34714.
     To close or limit debate under the five-minute rule in the 
         Committee of the Whole. 87-1, May 10, 1961, p 7725; 88-2, Feb. 
         8, 1964, p 2614.
     To use exhibits in the Committee of the Whole during debate on 
         a bill. 88-1, Aug. 1, 1963, p 13853.
     To change unparliamentary words spoken in debate (Deschler Ch 
         23 Sec. 47.9) or to withdraw or delete such words from the 
         Record (8 Cannon Secs. 2538, 2540; Deschler Ch 23 Sec. 47.10).
     To address the House for one minute before offering a motion. 
         Deschler Ch 23 Sec. 47.7.

  Sec. 9 . Limitations on Requests; Grounds for Denial

                                 Generally

      It cannot be assumed that the House has authority to waive any 
  rule by unanimous consent. Sometimes the rule itself contains a 
  specific provi-

[[Page 867]]

  sion that it cannot be suspended by unanimous consent. The rules 
  specifically prohibit the use of the unanimous-consent procedure:

     To permit unauthorized persons to be admitted to the House 
         floor. Rule XXXII clause 1.
     To bring to the attention of the House an occupant of the 
         galleries. Rule XIV clause 8.
     To delete the name of the first sponsor of a bill or 
         resolution. Rule XXII clause 4(b)(2).

      In addition, there are many rules that are not subject to waiver 
  under the practice of the House, even by unanimous consent. 91-2, July 
  29, 1970, p 24619. This is particularly true in the Committee of the 
  Whole where debate and the amendment process are often restricted by 
  the terms of a special order. In the Committee it is in order to 
  permit by consent minor variances from an adopted special rule in ways 
  congruent with that rule of the House, but not to permit substantive 
  alterations of special orders. Unanimous-consent requests for 
  substantive alterations must be made in the House. Manual Sec. 877a.
      It is not in order to seek unanimous consent:

     To permit the Committee of the Whole to alter an order of the 
         House (8 Cannon Sec. 2323), or to entertain a proposition which 
         is in order only in the House (Deschler Ch 23 Secs. 39.12, 
         48.15, 48.16). See also Manual Sec. 877a.
     To excuse a Member from voting in the Committee of the Whole. 
         89-1, Mar. 26, 1965, p 2096.
     To permit a Member to have his vote recorded after the 
         announcement of the result. 86-1, Mar. 12, 1959, p 4039; 92-1, 
         Mar. 17, 1971, p 6809.
     To revise and extend arguments in the Congressional Record on 
         points of order (it being essential that the Chair's ruling be 
         responsive to arguments actually made). 98-1, Nov. 2, 1983, p 
         30545.
     To insert in the Record a colloquy between Members that did 
         not actually occur. Manual Sec. 929.

                Requests Denied at the Speaker's Discretion

      The Speaker may decline to recognize for a unanimous-consent 
  request which is improper or inappropriate under the particular 
  circumstances, as where proper notice cannot be given to interested 
  Members. Deschler Ch 23 Secs. 48.2 et seq. He may do so pursuant to 
  his discretionary power to rec-

[[Page 868]]

  ognize Members. Deschler Ch 23 Sec. 42. Thus the Speaker may decline 
  to recognize for a unanimous-consent request:

     To permit a Member to address the House on a private bill 
         being considered on the Private Calendar. Deschler Ch 23 
         Sec. 48.8.
     To permit the House to rerefer a bill to a committee whose 
         chairman has not been consulted on the matter. Deschler Ch 23 
         Sec. 48.5.
     To consider a measure after the Members have been informed 
         that there will be no further legislative business for the day. 
         Deschler Ch 23 Secs. 48.6, 48.7.
     To direct the clerk of a committee, without its approval, to 
         bring to the well of the House certain documents in the custody 
         of that committee. Deschler Ch 23 Sec. 48.4.
     For a second ``one-minute'' speech on the same day.

  Sec. 10 . Reconsideration; Modification or Revocation of Agreement

      An agreement entered into by unanimous consent may be modified or 
  vacated by unanimous consent at the pleasure of the House. 7 Cannon 
  Sec. 946. Thus, by unanimous consent, the House may vacate a previous 
  unanimous-consent agreement permitting all Members to revise and 
  extend their remarks on a particular measure. 98-1, Nov. 15, 1983, p 
  32746. A unanimous-consent agreement may also be revoked pursuant to a 
  majority vote on a resolution reported from the Committee on Rules as 
  to the order of business. 8 Cannon Sec. 3390.
      The motion to reconsider is applicable to a determination made 
  pursuant to a unanimous-consent agreement. 8 Cannon Sec. 2794.
      It has been held that a so-called ``gentleman's agreement''--that 
  is, a unanimous-consent agreement not to take up a bill during a 
  particular period--is not subject to subsequent revision, even by 
  unanimous consent. Such agreements are said to be observed ``with 
  scrupulous care,'' especially when Members have left the floor with 
  the understanding that the bill will not be considered in their 
  absence. 6 Cannon Sec. 710a.



[[Page 869]]

 
                            UNFINISHED BUSINESS

  Sec. 1. In General
  Sec. 2. Business Unfinished at Adjournment
  Sec. 3. -- Where Previous Question Ordered
  Sec. 4. -- On Days Designated for Special Classes of Business
  Sec. 5. Voting as Unfinished Business
  Sec. 6. Business Postponed to a Day Certain
  Sec. 7. In Committee of the Whole
        Research References
          4 Hinds Secs. 3112-3114, 4735, 4736
          6 Cannon Secs. 740, 741
          6 Deschler Ch 21 Sec. 3
          Manual Secs. 631, 878, 885-888


  Sec. 1 . In General

      Unfinished business is business that has come over from a previous 
  day and is in order immediately after disposition of business on the 
  Speaker's table under Rule XXIV clause 1, which sets forth the daily 
  order of business in the House. See also Manual Sec. 879. The 
  resumption of unfinished business at this time may be preempted by 
  business of higher privilege, such as a motion to discharge on 
  discharge days. Deschler Ch 21 Sec. 3. Unfinished business may not be 
  called up under Rule XXIV clause 1 if the order of business under that 
  rule has been supplanted, as it often is for days at a time, by House 
  order. See Order of Business.
      The Speaker has the discretionary authority under Rule I clause 
  5(b), as amended in 1995, to postpone certain questions and to 
  ``cluster'' them for voting at a designated time or place in the 
  legislative schedule. The postponement authorized by the rule must be 
  to a time within two legislative days, with the exception of questions 
  relating to the approval of the Journal, which may be postponed only 
  to a time on the same legislative day. Manual Sec. 631. Once announced 
  the Chair may redesignate the time for taking postponed votes within 
  the permissible period. 98-2, June 6, 1984, p 15080. If the House 
  adjourns before all of such questions are determined, they are 
  disposed of as unfinished business on the next following legislative 
  day. Manual Sec. 631. Generally, see Voting.
      Certain categories of business are called up automatically when 
  suspended until a designated time. An example is the consideration of 
  a veto

[[Page 870]]

  message postponed to a day certain (91-2, Jan. 28, 1970, p 1483) and 
  votes postponed under Rule I clause 5. Generally, however, unfinished 
  business coming over from a previous day does not automatically come 
  before the House for consideration but must be called up by a Member 
  in charge. Deschler Ch 21 Sec. 3.
      If the matter called up as unfinished business was under debate at 
  the time of the interruption, debate does not begin anew but 
  recommences from the point where it was interrupted. 96-2, June 10, 
  1980, p 13801; 103-1, Sept. 23, 1993. p ____.


  Sec. 2 . Business Unfinished at Adjournment

      A House rule provides that, with certain exceptions, business 
  pending and unfinished at adjournment is to be resumed--after business 
  on the Speaker's table is finished--and at the same time each day 
  thereafter until disposed of. Rule XXIV clause 3. Manual Sec. 885. See 
  also Rule I clause 5(b)(4).
      Ordinarily, under Rule XXIV clause 3, any general legislative 
  business that is unfinished at adjournment goes over to the succeeding 
  day (Manual Sec. 886), whereas motions that relate merely to the 
  sequence or order of business do not. Thus, a motion relating to the 
  order of business does not recur as unfinished business on a 
  succeeding day, even though a vote had been ordered on it. 4 Hinds 
  Sec. 3114. Likewise, the question of consideration, when not disposed 
  of at an adjournment, does not recur as unfinished business on a 
  succeeding day (5 Hinds Secs. 4947, 4948), but may be raised anew on a 
  subsequent day when the matter is again before the House (8 Cannon 
  Sec. 2438). Also excepted from the operation of Rule XXIV clause 3 are 
  those special classes of business that are in order only on days of 
  the week designated by House rule. See Sec. 4, infra.


  Sec. 3 . -- Where Previous Question Ordered

      If the House adjourns without voting on a proposition on which the 
  previous question has been ordered, the question comes up as 
  unfinished business on the next legislative day. 5 Hinds Secs. 5510-
  5517; 8 Cannon Sec. 2691. The previous question having been ordered on 
  a matter, its consideration on the succeeding day becomes preferential 
  and may supersede action on other business even though privileged. 
  Thus, a simple resolution coming over from the preceding day with the 
  previous question ordered was held to take precedence over a motion to 
  dispose of a veto message from the President. 8 Cannon Sec. 2693.

[[Page 871]]

  Sec. 4 . -- On Days Designated for Special Classes of Business

      Consistently with Rule XXIV clause 3, where the business 
  unfinished at adjournment belongs to a class of business that is in 
  order only on certain days, it is not taken up again until the next 
  day eligible for the call of the appropriate calendar or for that 
  class of business. 8 Cannon Sec. 2334; Deschler Ch 21 Sec. 3. This 
  practice is followed with respect to:

     Private bills considered on certain Tuesdays. See Private 
         Calendar.
     Matters considered at the Calendar Wednesday call of 
         committees. See Calendar Wednesday.
     District of Columbia bills on certain Mondays. See District of 
         Columbia Business.
     Bills brought up under the rule setting apart days for motions 
         to suspend the rules. See Suspension of Rules.
     Bills brought up under the rule setting apart days for motions 
         to discharge committees. See Discharging Measures From 
         Committees.


  Sec. 5 . Voting as Unfinished Business

      When a vote is postponed or when a quorum fails to vote on a 
  question and the House adjourns, the vote may recur as unfinished 
  business on the following day. Deschler Ch 21 Sec. 3. Votes postponed 
  by the Speaker under Rule I clause 5, see Sec. 1, supra. Votes on 
  unfinished business are put de novo, if previously postponed, and 
  Members have the same rights as when the question was first put unless 
  the yeas and nays were ordered before postponement. 89-1, Oct. 7, 
  1965, p 26243. Thus, when a vote is postponed pursuant to Rule I 
  clause 5, having been objected to for lack of a quorum when initially 
  before the House, the yeas and nays or a recorded vote may be demanded 
  when the vote recurs as unfinished business. 96-2, Feb. 28, 1980, p 
  4305. See Voting.


  Sec. 6 . Business Postponed to a Day Certain

      Where a measure before the House is postponed to a day certain, 
  either by motion or by unanimous consent, the measure becomes the 
  unfinished business on the day to which postponed. Deschler Ch 21 
  Sec. 3. This practice is followed with respect to postponed conference 
  reports (91-2, Dec. 15, 1970, p 41544) and to veto messages that are 
  postponed to a day certain (Deschler Ch 21 Sec. 3.37). See also 
  Postponement.


  Sec. 7 . In Committee of the Whole

      Business unfinished when the Committee of the Whole rises remains 
  unfinished, to be considered first in order when the House next goes 
  into

[[Page 872]]

  Committee of the Whole to consider that business. 4 Hinds Sec. 4735. 
  The House and not the Committee of the Whole controls resumption of 
  consideration. The Chairman of the Committee of the Whole will not 
  entertain unanimous-consent requests to fix the time of resumption of 
  consideration of the bill. 99-1, June 26, 1985, p 17450.
      When the House resolves into Committee of the Whole for the 
  consideration of a bill on which reading for amendment was begun on 
  the previous day, the regular order is the reading of the bill. 8 
  Cannon Sec. 2336.



[[Page 873]]

 
                               VETO OF BILLS

  Sec. 1. In General; Veto Messages
  Sec. 2. House Action on Vetoed Bills
  Sec. 3. -- Consideration as Privileged
  Sec. 4. -- Motions in Order
  Sec. 5. -- Debate
  Sec. 6. -- Voting; Disposition of Bill
  Sec. 7. Pocket Vetoes
        Research References
          4 Hinds Secs. 3520-3552
          7 Cannon Secs. 1094-1115
          7 Deschler Ch 24 Secs. 17-23
          U.S. Const. art. I Sec. 7
          Manual Secs. 104, 107-109, 112-114


  Sec. 1 . In General; Veto Messages

                                 Generally

      The authority for the President to disapprove--veto--a bill is 
  spelled out in the Constitution, U.S. Const. art. I Sec. 7 clause 2. 
  The same clause addresses the process by which the Congress can 
  override a veto.

      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. . . . 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.

      The President has a 10-day period in which to approve or 
  disapprove a bill. He can sign the bill into law or he can return it 
  to the House of its origination with a message detailing why he 
  chooses not to sign. If he fails to give his approval by affixing his 
  signature during that period, the bill will become law automatically, 
  without his signature. However, if before

[[Page 874]]

  the end of that 10-day period the Congress adjourns sine die and 
  thereby prevents the return of the bill, the bill does not become law 
  if the President has taken no action (i.e., approval) regarding it. At 
  this stage, the bill can become a law only if the President signs it. 
  The President's failure to act under these circumstances is referred 
  to as a ``pocket'' veto. Deschler Ch 24 Sec. 17. Pocket vetoes, see 
  Sec. 7, infra.
      The 10-day period given the President under the Constitution in 
  which to approve or reject a bill may be considered as beginning at 
  midnight on the day on which the bill is presented to him. The day on 
  which the bill is presented to the President is not counted in the 
  computation (Deschler Ch 24 Sec. 17.1) nor are Sundays.
      Under the usual practice, bills are considered to have been 
  ``presented to the President'' at the time they are delivered to the 
  White House. But bills have been delivered to the White House while 
  the President was abroad and effectively held by the White House for 
  presentation to the President upon his return to the United States. 
  Manual Sec. 105.
      Where the President exercises his veto authority he returns the 
  enrollment with a sealed message setting forth his objections. An 
  enrolled House bill returned to the Clerk during a recess with a 
  ``memorandum of disapproval'' setting forth the objections of the 
  President has been treated by the House as a return veto. 102-1, Sept. 
  11, 1991, p ____.


  Sec. 2 . House Action on Vetoed Bills

      Veto messages are laid before the House on the day received by the 
  Speaker. They are then read and entered in the Journal. 89-1, Sept. 
  13, 1965, p 23623; 91-2, Aug. 11, 1970, pp 28170-72.
      A veto message of a House bill having been laid down and read, the 
  Speaker first announces:

      The objections of the President will be spread at large upon the 
    Journal and the message and bill will be printed as a House 
    document.

      If the House does not wish to proceed immediately to reconsider 
  the bill, the motions to lay on the table, to postpone consideration 
  or to refer are available at this point in the proceedings. See 
  Sec. 4, infra.
      When the message is laid before the House, the question on passage 
  is considered as pending--so that no motion from the floor to 
  reconsider the bill is necessary. 7 Cannon Secs. 1097-1099. However, 
  the previous question cannot be moved on reconsideration until the 
  question is stated by the Chair. If the House wishes to proceed to the 
  consideration of the message and address the question of passing the 
  bill over the President's veto, it can

[[Page 875]]

  defeat any preferential motion which is offered and proceed to the 
  main issue.
      If no preferential motions are offered, the Chair then states the 
  question as follows:

      The pending question is whether the House will, on 
    reconsideration, pass the bill, the objections of the President to 
    the contrary notwithstanding.


  Sec. 3 . -- Consideration as Privileged

      The consideration of a veto message from the President is a matter 
  of high privilege, and may interrupt consideration of other business 
  (such as a conference report) if the previous question has not been 
  ordered. 95-2, Oct. 5, 1978, p 33704. Though its consideration may be 
  postponed to a day certain, it remains highly privileged and becomes 
  the unfinished business on that day. 91-2, Jan. 27, 1970, p 1365. A 
  vetoed bill may be laid on the table (7 Cannon Sec. 1105), but it is 
  still highly privileged and a motion to take it from the table is in 
  order at any time (4 Hinds Sec. 3550; 5 Hinds Sec. 5439). 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. 4 Hinds Sec. 3537; 7 Cannon Sec. 1109. The privilege 
  accorded vetoed bills does not extend to a bill reported in lieu of a 
  vetoed bill. 4 Hinds Sec. 3531; 7 Cannon Sec. 1103.
      Though highly privileged, the consideration of a vetoed bill 
  yields to:

     A timely demand for a quorum. 4 Hinds Sec. 3522; 7 Cannon 
         Sec. 1094.
     Unfinished business from the preceding day with the previous 
         question ordered. 8 Cannon Sec. 2693.
     A matter being considered as a question privileged under the 
         Constitution, such as a contested election. 5 Hinds Sec. 6642.
     A motion to adjourn. 4 Hinds Sec. 3523.


  Sec. 4 . -- Motions in Order

                                 Generally

      The constitutional mandate that ``the House shall proceed to 
  reconsider'' a vetoed bill (U.S. Const. art. I Sec. 7) means that the 
  House shall proceed to consider it under the rules of the House, and 
  that the ordinary motions under the House rules are in order. Manual 
  Sec. 108. The motions to lay the bill on the table, to postpone to a 
  day certain, and to refer are in order; and they take precedence in 
  the order named over the question of reconsideration (and possible 
  override) of the bill until the previous question is ordered. A Member 
  may not invoke the previous question on the question of

[[Page 876]]

  reconsideration as preferential where the Chair has not yet stated the 
  question to be pending on overriding the veto. 95-2, June 28, 1978, p 
  19332. See also 7 Cannon Sec. 1105.

                               Postponement

      While the House usually takes immediate action on a veto message 
  from the President, the consideration of the message may be postponed 
  to a day certain by unanimous consent or by motion. 91-2, Jan. 27, 
  1970, p 1365; 94-1, Dec. 19, 1975, p 41880; 95-2, June 21, 1978, p 
  18311. The postponement may be for a few days (86-2, Feb. 23, 1960, p 
  3257) but has been for as long as eight months and into the next 
  session of the same Congress (99-1, Dec. 17, 1985, p 37477). A Member 
  moving to postpone further consideration of a veto message to a day 
  certain is recognized to control one hour of debate on the motion. 91-
  2, Jan. 27, 1970, p 1365. Such a postponement is not in violation of 
  the constitutional requirement that the House ``shall proceed to 
  reconsider'' a vetoed bill. 100-2, Aug. 3, 1988, p 20278.
      When consideration of a veto message is postponed to a day 
  certain, it becomes unfinished business on that day, and may be voted 
  on, referred to committee, or again postponed as the House determines. 
  98-1, Oct. 20, 1983, p 28618.

                           Referral to Committee

      A veto message from the President may be referred to a committee 
  by unanimous consent (89-1, Sept. 13, 1965, p 23623) or by motion (89-
  2, Oct. 11, 1966, p 26051; 90-1, Dec. 11, 1967, p 35754). Such a 
  referral is in order in the House on a bill that the Senate has 
  already passed over the President's veto. 94-2, Jan. 26, 1976, pp 374, 
  875.
      A motion to refer a veto message to committee takes precedence 
  over the question of reconsideration. 99-1, Mar. 7, 1985, p 4955; 98-
  1, Oct. 25, 1983, p 29188. But while the ordinary motion to refer may 
  be applied to a vetoed bill, the motion is not in order pending the 
  demand for the previous question or after it is ordered on the 
  constitutional question of reconsideration. 7 Cannon Sec. 1102.

                          Discharge of Committee

      A motion to discharge a committee from the consideration of a 
  vetoed bill is privileged (4 Hinds Sec. 3532), under the modern 
  practice can be debated under the hour rule (101-2, Mar. 7, 1990, p 
  3620) and is renewable every day, notwithstanding the tabling of a 
  prior motion. 100-2, Aug. 10, 1988,

[[Page 877]]

  p 21589. When the motion to discharge is agreed to, the veto message 
  is pending as unfinished business. Manual Sec. 108.


  Sec. 5 . -- Debate

      Debate on the question of overriding the President's veto of a 
  bill is under the hour rule. 91-2, Jan. 28, 1970, pp 1483, 1552; 91-2, 
  June 25, 1970, pp 21529-32; 91-2, Aug. 13, 1970, pp 28758, 28779. The 
  previous question may be moved at any time during the debate. 7 
  Deschler Ch 24 Sec. 22. The Speaker normally recognizes the chairman 
  of the committee or subcommittee which reported the bill to control 
  the debate on the veto message. Compare 92-2, Aug. 16, 1972, p 28415.


  Sec. 6 . -- Voting; Disposition of Bill

      Under the Constitution, a vetoed bill becomes law when it is 
  reconsidered and passed by the requisite two-thirds vote in each 
  House. U.S. Const. art. I Sec. 7. The two-thirds vote required to pass 
  the bill is two-thirds of the Members voting, a quorum being present, 
  and not two-thirds of the total membership of the House. 4 Hinds 
  Secs. 3537, 3538; 7 Cannon Sec. 1111. The Constitution further 
  requires that the vote on passage of a bill over the President's veto 
  must be by the yeas and nays. 86-1, Sept. 10, 1959, p 18982; 86-2, 
  July 1, 1960, pp 14451, 15183.
      The motion to reconsider is not in order on the vote on the 
  question of overriding a veto. 5 Hinds Sec. 5644; 8 Cannon Sec. 2778.
      When a vetoed House bill is reconsidered and passed in the House, 
  the House sends the bill and veto message to the Senate and informs 
  that body that it passed by the constitutional two-thirds vote. See 
  86-2, July 1, 1960, p 15343; 91-2, June 25, 1970, pp 21529-32. When 
  the House fails to pass a bill over the President's veto, the bill and 
  veto message are referred to committee, and the Senate is informed of 
  the action of the House. 7 Deschler Ch 24 Sec. 23.


  Sec. 7 . Pocket Vetoes

                  Generally; Use After Final Adjournment

      Under the Constitution, if the President neither signs nor returns 
  a bill within 10 days (Sundays excepted) it becomes law as if he had 
  signed it, unless Congress by its adjournment ``prevents its return.'' 
  U.S. Const. art. I Sec. 7. The President is said to ``pocket veto'' a 
  bill where he takes no action on the bill during the 10-day period and 
  where the Congress adjourns before the expiration of that time in such 
  a manner as to prevent the return of the

[[Page 878]]

  bill to the originating House. 7 Deschler Ch 24 Sec. 18. If Congress, 
  at the end of a two-year term, adjourns sine die within the 10-day 
  period, the return of the bill is prevented within the meaning of this 
  provision of the Constitution; therefore, if the President does not 
  sign it, the bill does not become law but dies as a result of the 
  President's pocket veto. The Pocket Veto Case, 279 US 655 (1929), 
  dicta at p 680. Manual Sec. 112. A constitutional debate still lingers 
  with respect to the conditions under which the President may exercise 
  his pocket veto authority during certain types of adjournment of a 
  Congress. The executive and legislative branches have sometimes held 
  different perspectives with respect to the conditions surrounding an 
  adjournment and their impact on the return of a bill disapproved by 
  the President.

                     During Intersession Adjournments

      The Supreme Court has held that the President's return of a bill 
  to the originating House was prevented when the Congress adjourned its 
  first session sine die fewer than 10 days after presenting the bill to 
  him for his approval. Because neither House was in session to receive 
  the bill, the President was prevented from returning it, and a pocket 
  veto was upheld. The Pocket Veto Case, 279 US 655 (1929). A more 
  recent appellate court decision suggested that the return of a bill 
  during an adjournment between sessions was not prevented within the 
  meaning of the Constitution if the originating House has appointed an 
  agent for the receipt of Presidential veto messages, and that the 
  validity of a pocket veto is governed not by the type or length of 
  adjournment but whether the conditions surrounding the adjournment 
  raise an impediment to the actual return of the bill. Barnes v Kline, 
  759 F2d 21 (D.C. Cir. 1985), vacated as moot by the Supreme Court in 
  Burke v Barnes, 479 US 361 (1987). In 1989, as part of the concurrent 
  resolution providing for the sine die adjournment of the first 
  session, the Congress affirmed its position that an intersession 
  adjournment does not prevent the return of a bill where the Clerk and 
  the Secretary of the Senate are authorized to receive messages during 
  the adjournment. H. Con. Res. 239, 101-1, Nov. 21, 1989, p ____. When 
  the second session of the 101st Congress convened, the House asserted 
  its right to reconsider a bill returned with a Presidential 
  ``memorandum of disapproval'' received during the sine die 
  adjournment. See 101-2, Jan. 23, 1990, p ____. Under the standing 
  rules of the House since the 97th Congress, the Clerk has been 
  authorized to receive messages from the President at any time that the 
  House is not in session. Rule III clause 5. Manual Sec. 647b.

[[Page 879]]

                     During Intrasession Adjournments

      An adjournment of Congress during a session does not prevent the 
  President from returning a bill which he disapproves so long as 
  appropriate arrangements are made by the originating House for the 
  receipt of Presidential messages during the adjournment. Thus, it has 
  been held that a Senate bill cannot 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 has been 
  authorized to receive Presidential messages during such adjournment. 
  Kennedy v Sampson, 511 F2d 430 (D.C. Cir. 1974). See also Kennedy v 
  Jones, 412 F Supp 353 (D.D.C. 1976). 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 a vetoed bill to the House of origin. Wright v 
  U.S., 302 U.S. 583 (1938).



[[Page 881]]

 
                                  VOTING

              A. Generally

  Sec.  1. In General; Kinds of Votes
  Sec.  2. The Electronic Voting System
  Sec.  3. Prohibitions Against Voting by Proxy or for Absent Members

              B. Role of the Chair; Duties

  Sec.  4. In General; Putting the Question
  Sec.  5. Voting by the Chair
  Sec.  6. Chair's Responsibility as to the Count

              C. Rights and Duties of Members

  Sec.  7. In General; Duty to Vote
  Sec.  8. Disqualification to Vote

              D. Nonrecorded Votes

  Sec.  9. In General; Voice Votes
  Sec. 10. Voting by Division
  Sec. 11. Teller Votes

              E. Votes of Record

  Sec. 12. Yea and Nay Votes; Recorded Votes
  Sec. 13. Ordering the Yeas and Nays
  Sec. 14. Demanding the Yeas and Nays
  Sec. 15. Voting by the Yeas and Nays
  Sec. 16. ``Automatic'' Yea and Nay Votes
  Sec. 17. Roll Call Votes
  Sec. 18. Teller Votes With Clerks
  Sec. 19. Pairing

              F. Voting Periods; Time Limitations

  Sec. 20. In General; Fifteen-minute Votes
  Sec. 21. Five-minute Votes in the House; ``15-and-5'' Votes
  Sec. 22. Five-minute Votes in Committee of the Whole
  Sec. 23. Deferred or Clustered Votes
  Sec. 24. Time to Cast Vote

[[Page 882]]

              G. Vote Changes, Corrections, and Announcements

  Sec. 25. In General; Vote Changes
  Sec. 26. Correcting the Record
  Sec. 27. Recapitulations
  Sec. 28. Announcements as to Voting Preference

              H. Majority Votes; Super-majority Votes

  Sec. 29. In General; Tie Votes
        Research References
          U.S. Const. art. I Secs. 5, 7
          5 Hinds Secs. 5925-6105
          8 Cannon Secs. 3065-3162
          Manual Secs. 76-80, 629-632, 656-660b, 765-774b, 934, 939


                               A. Generally


  Sec. 1 . In General; Kinds of Votes

                                 Generally

      The rules of the House identify four methods of voting that are of 
  regular use:

     Voice votes [under Rule I clause 5(a)] in which Members 
         express their voting preference simply by calling out ``Aye'' 
         or ``No'' in unison.
     Division votes [Rule I clause 5(a)], in which Members stand to 
         be counted as either for or against a proposition.
     Yea and nay votes, the demand for which requires the support 
         of one-fifth of the Members present (under Article I, Sec. 5 of 
         the Constitution) or which are ordered ``automatically'' when a 
         Member objects to a pending vote on the ground that a quorum is 
         not present (under Rule XV clause 4). Yea and nay votes are 
         usually taken by electronic device.
     Recorded votes [under Rule I clause 5(a)], which require the 
         support of one-fifth of a quorum. Recorded votes are taken in 
         the same manner as the yeas and nays.

      When the House is operating in the Committee of the Whole, all of 
  these commonly used methods of voting are available except for the 
  yeas and nays, a procedure used only in the House. A recorded vote may 
  be ordered in the Committee of the Whole when the demand is supported 
  by at least 25 Members [Rule XXIII clause 2(b)]. It is not in order in 
  the Committee of the Whole for a Member to ``object to the vote on the 
  ground that a quorum is not present and make a point of order that a 
  quorum is

[[Page 883]]

  not present'' (Rule XV clause 4), since the ``automatic call'' is also 
  a yea and nay vote.
      Sometimes these voting methods are used in various combinations, 
  one after the other, depending on the circumstances. Any Member 
  feeling that the announced result of a voice vote is unsatisfactory 
  may ask for the Chair to take a division vote; and if this result is 
  challenged, a vote of record may be demanded.
      Less frequently used but still available on a stand-by basis are 
  (1) roll call votes, in which each Member's response is given orally 
  as the Clerk calls the roll in alphabetical order (Rule XV clause 1); 
  and (2) votes by tellers with clerks, in which each Member fills out 
  and signs a vote tally card and submits it to a designated clerk 
  teller [Rule I clause 5(a)].
      Votes on certain issues are required by House rule to be taken by 
  the yeas and nays. When the Speaker puts the question on final passage 
  of general appropriation bills, on budget resolutions or bills 
  increasing Federal income tax rates, the vote must be taken by the 
  yeas and nays (Rule XV clause 7) and the Constitution requires that 
  the question of passing a bill over the veto of the President must 
  also be by the yeas and nays (Article I Sec. 7). The vote to close a 
  conference committee meeting is also required to be taken by roll 
  call. [Rule XXVIII clause 6(a).]
      All votes are in order only when the Chair puts the question. 
  Unauthorized votes, as where a Member asks for a ``straw'' vote or a 
  ``show of hands'' are not in order. 95-1, Apr. 27, 1977, p 12548.
      Voting in Committees, see Committees.

                             Voting by Ballot

      Voting on an election in the House by ballot, although authorized 
  by Rule XXXVIII, is largely obsolete. Manual Sec. 934. There has been 
  no instance of voting by ballot under this rule since 1868, when the 
  managers of an impeachment proceeding were elected by ballot. 3 Hinds 
  Sec. 2417.


  Sec. 2 . The Electronic Voting System

                                In General

      In 1973, an electronic voting system was installed in the House 
  Chamber pursuant to the Legislative Reorganization Act of 1970 and to 
  amendments to House Rule XV (Manual Sec. 774b). The purpose of this 
  system was to reduce the time needed to process roll call votes and 
  quorum calls. Under this system, the lengthy roll call of Members and 
  votes by cards with clerks are replaced by a computerized device that 
  simultaneously receives and records votes cast by Members using the 
  system during the voting period.

[[Page 884]]

  A master computer accepts votes and processes voting information for 
  subsequent retrieval.

                   Verification of Vote; Changing Votes

      A Member may verify that his vote has been properly recorded by 
  reinserting his card in an Open vote station. (Illumination of the 
  button corresponding to the last vote preference will indicate that 
  the vote has been recorded by the computer system.) In one instance, 
  where the voting system failed for one minute, the Chair allowed 
  Members additional time to check the board to verify whether or not 
  their votes were recorded. 103-1, Sept. 29, 1993, p ____.
      A Member may change his vote--if more than five minutes remain or 
  on five-minute deferred votes--by simply depressing one of the other 
  pushbuttons. Changes made with less than five minutes remaining during 
  a 15-minute vote must be made in the well, as are votes cast after the 
  voting stations have been closed but prior to the Chair's announcement 
  of the result. 94-2, Mar. 22, 1976, p 7394; 95-1, Jan. 4, 1977, pp 53-
  70; Manual Sec. 774b. Vote changes generally, see Sec. 25, infra.

                           Effect of Malfunction

      Where the electronic voting system malfunctions or becomes 
  inoperative, the Chair may direct that all recorded votes and quorum 
  calls be conducted pursuant to the standby procedures prescribed in 
  Rules I and XV. 93-1, May 16, 1973, pp 15860, 15861; 93-1, July 17, 
  1973, p 24171; 93-1, July 18, 1973, p 24653. In such a case, the Chair 
  may direct the Clerk to call the roll alphabetically. 93-1, May 16, 
  1973, pp 15860, 15861. If the electronic system becomes inoperative 
  during a record vote, the Chair may direct that the vote be taken de 
  novo by clerks. 93-1, June 16, 1973, pp 23971, 23972. Or he may 
  announce that Members who had been recorded prior to the malfunction 
  of the electronic device will be included in the new tally of those 
  voting. 93-1, Dec. 21, 1973, pp 43285, 43288, 43292. When the system 
  again becomes operative, its use resumes at the Chair's discretion. 
  93-1, July 19, 1973, p 24919.
      Recorded votes may be taken by electronic device although the 
  display panels showing the vote totals and the Members' names and 
  votes are inoperative, since Members can verify votes either at the 
  monitors or by reinserting their cards in the voting stations. 95-1, 
  June 6, 1977, p 17484; 95-2, June 21, 1978, p 18260; 99-1, Sept. 19, 
  1985, p 24245. A malfunction of the monitor at the majority or 
  minority table will not prevent utilization of the electronic system 
  where an alternate use of another monitor can be made. 93-2, Aug. 7, 
  1974, p 27219.

[[Page 885]]

  Sec. 3 . Prohibitions Against Voting by Proxy or for Absent Members

      Whether in the House or Committee of the Whole, Members must vote 
  in person. 7 Cannon Sec. 1014; Manual Sec. 660b. No one other than a 
  Member may cast a vote or record a Member's presence. A Member may not 
  cast a vote on behalf of another Member, and an authorization to cast 
  a Member's vote is forbidden by House rule. Rule VIII clause 3. Manual 
  Sec. 660b. It also has been held that one Member may not authorize 
  another to enter his signature on a motion to discharge. 7 Cannon 
  Sec. 1014.
      The use of an electronic voting card belonging to a Member who is 
  in absentia--sometimes referred to as ``ghost voting''--is considered 
  a serious ethics infraction, and a Member's participation in such 
  activity, either by direction or by subsequent acquiescence or 
  ratification, is a matter warranting sanction by the House. In one 
  recent case, the Committee on Standards of Official Conduct concluded 
  that a Member had permitted such voting to occur; it found that while 
  the evidence did not clearly demonstrate that the Member had 
  concurrent knowledge that votes were cast in his name, he failed to 
  take steps necessary to prevent unauthorized use of his voting card or 
  to disavow votes that were cast in his name. H. Rept. No. 100-485. A 
  resolution reprimanding the Member was agreed to by the House. 100-1, 
  Dec. 18, 1987, p 36274.


                       B. Role of the Chair; Duties


  Sec. 4 . In General; Putting the Question

      An essential step in bringing a pending proposition to a vote 
  occurs when the Speaker or Chairman states and then puts the question 
  as prescribed by the rules of the House. See Rule I clause 5; Manual 
  Sec. 629. The question, if in order, must be put (2 Hinds Sec. 1312), 
  it being Jefferson's view that it is a breach of order for the Speaker 
  to refuse to put a question which is in order (Manual Sec. 304).
      A question may be put to a vote only by the Chair; it is not in 
  order for a Member having the floor to usurp the role of the Chair in 
  this regard, as by asking for a demonstration of support before the 
  question is put. 95-1, Apr. 27, 1977, p 12548. The proposition as 
  stated by the Chair in putting the question, and not as stated by the 
  sponsoring Member, is the proposition voted upon. 6 Cannon Sec. 247; 
  88-1, Dec. 4, 1963, p 23305.
      Putting the question on engrossment and third reading on the 
  passage of bills and joint resolutions is required by Rule XXI clause 
  1 (Manual Sec. 830). However, where existing law requires the vote to 
  occur on final pas-

[[Page 886]]

  sage immediately following the conclusion of general debate, the 
  Speaker puts the question on final passage without putting the 
  question on ordering the previous question or on engrossment and third 
  reading. 99-1, Apr. 23, 1985, p 9085. The intent of such laws is to 
  prevent intervening motions and questions once general debate has 
  concluded, and to require an immediate vote on final passage. 99-1, 
  Mar. 26, 1985, pp 6345, 6346.


  Sec. 5 . Voting by the Chair

                               Right to Vote

      The Speaker has the same right to vote as other Members, and 
  historically he has exercised this right even in contravention of 
  early House rules attempting to limit his voting authority. 5 Hinds 
  Secs. 5964, 5966. See also Manual Sec. 632. He may vote ``aye'' or 
  ``no'' at any time prior to the final announcement of the vote. 92-1, 
  Apr. 6, 1971, p 9785. On an electronic vote, the Speaker directs the 
  Clerk to record his vote and verifies that instruction by submitting a 
  vote card. 101-2, Oct. 17, 1990, p ____. On roll call votes by the 
  yeas and nays, the Speaker's name is not called except at his request, 
  and then at the end of the roll. Manual Sec. 632. Members other than 
  the Speaker who are occupying the Chair vote by submitting a voting 
  card to the Clerk who then enters the vote.
      In the early history of the House, Speakers exercised the right to 
  vote sparingly. In more recent Congresses, it has become more common 
  for Speakers to vote, especially on important legislation. See 5 Hinds 
  Sec. 5964 (note).

                               Duty to Vote

      The Speaker is not required to vote ``except where his vote would 
  be decisive. . . .'' Rule I clause 6. Manual Sec. 632. The Speaker may 
  vote to make a tie and thus defeat a measure. 88-1, Aug. 22, 1963, p 
  15589; 89-1, Sept. 21, 1965, p 24635; 90-1, Aug. 24, 1967, pp 23918, 
  23926. Or he may vote to break a tie and so decide a question in the 
  affirmative. 8 Cannon Sec. 3100.


  Sec. 6 . Chair's Responsibility as to the Count

      One of the responsibilities of the Speaker is to count the number 
  of Members rising in support of, or against, a pending proposition, as 
  where a vote is taken by division. The Chair has a duty to make a fair 
  and honest count in such cases; one of the suppositions on which 
  parliamentary law is founded is that the Speaker will not betray his 
  duty to make an honest count of the vote. 5 Hinds Sec. 6002. The 
  integrity of the Chair in counting a vote

[[Page 887]]

  is not subject to a direct challenge. 8 Cannon Sec. 3115; 99-1, July 
  11, 1985, p 18550. Appeals may not be taken from the Chair's count of 
  the number rising to demand a vote. 8 Cannon Sec. 3105; 94-2, June 24, 
  1976, p 20390. Nor will an appeal lie from a count of those supporting 
  the demand for the yeas and nays (95-2, Sept. 12, 1978, p 28950) or 
  from a decision refusing recapitulation of a vote (8 Cannon 
  Sec. 3128). The remedy of a Member dissatisfied with the Speaker's 
  count of Members rising, as on a division vote, is to demand a vote of 
  record. 8 Cannon Secs. 3115-3118.


                      C. Rights and Duties of Members


  Sec. 7 . In General; Duty to Vote

      The casting of a vote (or the refusal to cast a vote) is the 
  responsibility of the individual Member. Although the rules state that 
  Members ``shall vote on each question put . . .'' (Rule VIII clause 
  1), in practice the House does not enforce this provision. Manual 
  Sec. 658. The Speaker has no power to compel a Member to vote (5 Hinds 
  Sec. 5942) and House actions to compel a Member to cast a vote have 
  been uniformly unsuccessful. 5 Hinds Secs. 5943-5948. By the same 
  token, the House does not excuse a Member from voting. And a 
  unanimous-consent request in the Committee of the Whole to excuse a 
  Member from voting is out of order. 89-1, Mar. 26, 1965, p 6096.


  Sec. 8 . Disqualification to Vote

                      Generally; Conviction of Crime

      The precedents suggest that the House has no authority to deprive 
  a Member of his inherent right to vote. 5 Hinds Secs. 5952, 5966, 
  5967; 8 Cannon Sec. 3072; Manual Sec. 658.
      The Code of Official Conduct provides that a Member who has been 
  convicted of a crime for which a sentence of two or more years' 
  imprisonment may be imposed ``should'' refrain from voting in the 
  House or Committee of the Whole until reinstatement of the presumption 
  of his innocence or until he is reelected to the House. Rule XLIII 
  clause 10. Manual Sec. 939. The term ``conviction'' in clause 10 is 
  construed to include a plea of guilty or a certified finding of guilt 
  even though sentencing may occur later. H. Rept. No. 94-76.

[[Page 888]]

                      Personal or Pecuniary Interest

      Rule VIII provides that a Member is not required to vote where he 
  has a ``direct personal or pecuniary'' interest in the question. 
  Manual Sec. 657. In rare instances the Speaker has ruled that a 
  Member, because of his personal interest in the outcome, should not 
  vote. 5 Hinds Secs. 5955, 5958. But ordinarily the Member himself--and 
  not the Chair--determines this question. 5 Hinds Secs. 5950, 5951; 8 
  Cannon Sec. 3071; 94-1, Dec. 2, 1975, p 38135; 96-1, Mar. 1, 1979, p 
  3748. The Speaker will not entertain a point of order challenging the 
  personal or pecuniary interest of Members in a pending question, and 
  will defer to the judgment of each Member as to the directness of his 
  interest. 92-2, June 27, 1972, p 22554. See also 96-1, Mar. 1, 1979, p 
  3748.
      A Member may disqualify himself from voting on a measure because 
  of a pecuniary interest in the measure being considered. Thus, where a 
  bill was pending relating to the reserves required to be maintained by 
  certain banks, a Member disqualified himself on the vote because of a 
  pecuniary interest in the matter. 86-1, July 1, 1959, p 12504. In one 
  case, a Member announced a disqualifying personal interest in a 
  pending bill and stated his intention to vote ``present'' on the 
  issue. 90-2, Sept. 9, 1968, pp 26038, 26042.
      Where the subject of a vote before the House affects an entire 
  class, the personal interest of Members who belong to the class is not 
  such as to disqualify them from voting. 5 Hinds Sec. 5952. In one 
  instance for example, during consideration of a bill providing 
  financial assistance to states and political subdivisions, the Speaker 
  indicated that the bill was sufficiently general in scope that Members 
  holding municipal bonds or who had other financial interests dependent 
  on the fiscal affairs of a particular city would merely be within a 
  class of similarly situated individuals whose pecuniary interest would 
  not be so direct as to preclude them from voting on the bill. 94-1, 
  Dec. 2, 1975, p 38135.


                           D. Nonrecorded Votes


  Sec. 9 . In General; Voice Votes

      Votes not of record are those in which no official public record 
  is required of the names or votes of the participating Members. There 
  are two types of nonrecorded votes: voice votes and votes by division. 
  See Rule I clause 5. Manual Sec. 629. Authority for teller voting, a 
  more elaborate proce-

[[Page 889]]

  dure for taking a nonrecord vote, was eliminated from the rules in the 
  103d Congress. Sec. 11, infra.
      Voice votes are the simplest and most commonly used of all voting 
  procedures. Such votes are based on the volume of sound produced by 
  Members as they respond either ``aye'' or ``no'' to the question put 
  by the Chair. 5 Hinds Sec. 5926. See also Manual Sec. 501. If the 
  Chair is in doubt about the result, or if any Member requests it, a 
  division vote is in order. Manual Secs. 501, 629. In a division vote, 
  those in favor and then those opposed are asked to stand and be 
  counted (Sec. 10, infra).
      The Speaker must put the pending question to a voice vote under 
  Rule I clause 5 prior to entertaining a demand for a recorded vote or 
  the yeas and nays. 102-2, Mar. 9, 1992, p ____.


  Sec. 10 . Voting by Division

                              Generally; Form

      A demand for a division (standing) vote is in order following the 
  taking of a voice vote. 90-1, Sept. 20, 1967, pp 26120, 26122. Under 
  Rule I clause 5, after a voice vote, if the Speaker is in doubt or a 
  division is called for, ``the House shall divide; those in the 
  affirmative of the question shall first rise from their seats, and 
  then those in the negative. . . .'' Manual Sec. 629. Only one demand 
  for a vote by division on a pending question is in order. 98-2, July 
  26, 1984, p 21259.

      Member: Mr. Speaker, I demand a division.
      Chair: A division is demanded. As many as are in favor will rise 
    and stand until counted. . . .
      The ayes will be seated and the noes will stand.

                                Timeliness

      A demand for a division comes too late when the Member making it 
  is not on his feet seeking recognition at the time the Chair announces 
  the result of the voice vote. 92-1, July 30, 1971, p 398. However, the 
  announcement of a voice vote does not preclude a subsequent demand for 
  a division providing no intervening business has transpired and the 
  proponent of the motion for division was on his feet seeking 
  recognition at the time of the announcement. 87-2, Jan. 23, 1962, p 
  771; 90-1, Sept. 20, 1967, pp 26120, 26122.

        Precedence of Demand for Recorded Vote or Yea and Nay Vote

      When the Chair has put the question and is in doubt as to the 
  result of a voice vote, a demand for a recorded vote takes precedence 
  over a demand for a division vote. 95-1, Feb. 24, 1977, p 5349. 
  However, following

[[Page 890]]

  a voice vote in the Committee of the Whole, the Chair has on his own 
  initiative under Rule I clause 5 requested and conducted a division 
  vote before entertaining a demand for a recorded vote. 95-1, Oct. 20, 
  1977, p 34717.
      A demand for the yeas and nays in the House under article I 
  section 5 of the Constitution takes precedence over a demand for a 
  division under clause 5 of Rule I. 103-1, Mar. 29, 1993, p ____.
      A demand for the yeas and nays may be made before or after a 
  division vote, or even while a division vote is being announced. See 5 
  Hinds Sec. 6039. But a demand for a division vote is not precluded by 
  the fact that the yeas and nays have been refused. 8 Cannon Sec. 3103; 
  92-1, Nov. 9, 1971, p 40054.

                      Interruptions During the Count

      The Chair generally declines to recognize Members while he is 
  counting those standing on a division vote. His count cannot be 
  interrupted by a demand for a recorded vote. 94-1, June 10, 1975, p 
  18048. Parliamentary inquiries are entertained before (not after) the 
  Chair asks those in favor of the proposition to rise. 89-2, Sept. 29, 
  1966, pp 24455-57. A conference report may not be presented while the 
  House is dividing. Manual Sec. 909. Messages are not received during a 
  division. Manual Sec. 562.
      Since a vote by division takes no cognizance of Members present 
  but not voting, the number of votes counted by division does not 
  necessarily establish a lack of a quorum. 100-2, June 29, 1988, p 
  16504. Accordingly, the Chair may interrupt the count of Members 
  standing in favor of a proposition in order to count for a quorum 
  pursuant to a point of order that a quorum is not present. 97-2, Aug. 
  5, 1982, pp 19658, 19659.


  Sec. 11 . Teller Votes

      Under the earlier practice of the House, a Member could demand a 
  teller vote if supported by sufficient Members. 5 Hinds Sec. 5986. In 
  a teller vote Members cast their votes by passing through the center 
  aisle to be counted by Member tellers. First the Members voting 
  ``aye'' proceeded up the aisle and were counted, and then the Members 
  voting ``no'' were counted. Vote totals were announced but not the 
  vote of each individual Member. Teller votes were considered a more 
  accurate vote-counting procedure than either voice votes or division 
  votes, but fell into disuse because of the advent of the electronic 
  voting system. The rule authorizing a demanded teller vote was 
  abolished in 1993. H. Res. 5, Jan. 5, 1993. Teller votes and the 
  Speaker's discretion, see Sec. 18, infra.

[[Page 891]]

                            E. Votes of Record


  Sec. 12 . Yea and Nay Votes; Recorded Votes

                      Yea and Nay Votes Distinguished

      There are two primary methods of taking a vote of record in the 
  House of Representatives. Voting by the yeas and nays is the 
  preeminent method of voting in the House and is to be distinguished 
  from recorded votes that are available under separate House rules. Yea 
  and nay votes are made in order by the Constitution (U.S. Const. art. 
  I Sec. 5). Rule XV clause 4 orders the yeas and nays whenever a point 
  of order is made that a quorum has failed to vote on a question put in 
  the House (Manual Sec. 774). Yea and nay votes are not in order in the 
  Committee of the Whole. 4 Hinds Secs. 4722, 4723; 94-1, Nov. 12, 1975, 
  p 36147; 95-1, June 2, 1977, p 17292. Recorded votes, on the other 
  hand, are available in both the House and the Committee of the Whole 
  (Manual Sec. 630a) and are taken pursuant to Rule I clause 5 (in the 
  House) and under Rule XXIII clause 2(b) in the Committee.
      Yea and nay votes are also to be distinguished from recorded votes 
  in that demands for yea and nay votes require the support of only one-
  fifth of those present (Sec. 14, infra), whereas a recorded vote in 
  the House requires the support of one-fifth of a quorum. Rule I clause 
  5. It is the Chair's statement of the demand, and not the Member's 
  request, which controls whether one-fifth of those present or one-
  fifth of a quorum are required to support the demand. 97-1, Oct. 1, 
  1981, p 22760. In the Committee of the Whole 25 must stand to support 
  the request for a recorded vote. Rule XXIII clause 2(b).

                         Demanding a Recorded Vote

      Under the rules, a recorded vote is in order in the House or in 
  the Committee of the Whole after the question has been put on a 
  pending proposition if a demand or request for such a vote is made and 
  if the request is supported by a sufficient number of Members:

      Chair: The question is on the amendment offered by the gentleman 
    from __________.
      Member: Mr. Speaker [or Mr. Chairman], I demand a recorded vote.
      Chair: The gentleman asks for a recorded vote. As many as are in 
    favor of taking this vote by a recorded vote will stand and remain 
    standing until counted.

      A demand for a recorded vote in the House under Rule I clause 5 
  must be supported by at least 44 Members (one-fifth of a quorum). 94-
  1, Oct.

[[Page 892]]

  20, 1975, pp 33004, 33005. See also 92-1, Nov. 4, 1971, p 39352; 94-2, 
  Sept. 21, 1976, p 31668. The count of Members standing to support a 
  demand for a recorded vote is not subject to challenge by appeal. 94-
  2, June 24, 1976, pp 20390, 20391.
      A request for a recorded vote must yield to the constitutional 
  prerogative of a Member to demand the yeas and nays (Sec. 14, infra). 
  But a request for a recorded vote may be made following a demand for 
  the yeas and nays, if that demand is withdrawn or does not receive a 
  sufficient second. 92-2, June 28, 1972, p 22981; 96-1, Oct. 30, 1979, 
  p 508. Even the Member who has withdrawn a demand for the yeas and 
  nays may himself request a recorded vote under clause 5, Rule I. 92-1, 
  Nov. 4, 1971, p 39352. And where one-fifth of the Members present have 
  refused to order the yeas and nays on a motion, and that motion later 
  becomes the unfinished business of the House, a Member may still 
  demand a recorded vote on the motion. 94-2, Sept. 21, 1976, pp 31640, 
  31641, 31668.

           Timeliness of Demand for Recorded Vote; Interruptions

      A request for a recorded vote is in order only after the Chair has 
  put the question. 93-2, Aug. 2, 1974, p 33623. It cannot interrupt a 
  voice vote or a vote by division which is in progress. 94-1, June 10, 
  1975, p 18048. The demand is timely where it is made before the 
  announcement of the voice or division vote. The demand is not timely 
  if the Member making it is not on his feet seeking recognition at the 
  time that the result of the vote is announced by the Chair. 94-1, 
  Sept. 25, 1975, p 30233; 97-1, July 9, 1981, p 15202. Thus, the demand 
  for a recorded vote on the question of passage of a bill is not timely 
  if the Member making the demand is not on his feet seeking recognition 
  for that purpose when the Chair announces the result of a voice vote 
  thereon and announces that the bill is passed. 95-1, Oct. 19, 1977, pp 
  34223, 34224. However, a Member's demand for a recorded vote may be 
  made after the Chair announces the result of a division vote if no 
  other business has intervened. 95-1, June 7, 1977, p 17703.
      A demand for a recorded vote on an amendment comes too late after 
  the amendment has been voted on and agreed to and the Chair has 
  inquired as to the purpose of another Member rising. 98-1, July 21, 
  1983, p 20187. However, a mere inquiry relating to a pending motion, 
  raised after the Chair has announced the result of a voice vote, does 
  not constitute such intervening business as to preclude the right of a 
  Member to demand a recorded vote on the pending motion. 98-2, May 23, 
  1984, p 13928; 98-2, July 26, 1984, p 21250. In one instance, without 
  objection, the Speaker vacated the proceedings by which a bill was 
  passed by voice vote so that a Member,

[[Page 893]]

  who had been on his feet seeking recognition, could demand a recorded 
  vote on the passage of the bill. 98-2, June 6, 1984, p 15164.

                      Repetition or Renewal of Demand

      Only one request for a recorded vote on a pending question is in 
  order. Thus, a request for a recorded vote on a pending question 
  having been refused, a second request is not in order following a 
  division vote on that question. 94-2, Jan. 21, 1976, p 508. Likewise, 
  where a recorded vote is refused following the Chair's announcement of 
  doubt on a voice vote, and a division vote is then taken, the demand 
  for a recorded vote may not be renewed. 95-1, Feb. 24, 1977, p 5349.
      A similar rule is followed in the Committee of the Whole; where 
  the Committee has refused a request for a recorded vote, the request 
  may be renewed only by unanimous consent. 95-1, June 2, 1977, p 17292. 
  A request for a recorded vote on an amendment once denied may not be 
  renewed in Committee of the Whole even where the absence of a quorum 
  is disclosed immediately following the refusal or where a quorum call 
  has intervened. 96-1, June 6, 1979, p 13648; 97-1, July 16, 1981, p 
  16003; 98-1, Oct. 25, 1983, p 29227. However, while a request for a 
  recorded vote once denied cannot be renewed following a quorum call in 
  the Committee, the request remains pending where the Chair had 
  interrupted its count of Members standing in support of the demand in 
  order to count for a quorum. 97-2, Aug. 5, 1982, p 19658.

                           Withdrawal of Demand

      A demand for a recorded vote may be withdrawn before the Chair 
  begins to count Members supporting the demand, and unanimous consent 
  is not required. 94-1, Sept. 17, 1975, p 38904. Withdrawal is likewise 
  permitted without unanimous consent before the Chair has announced the 
  count of Members standing in support of the demand. 95-2, Sept. 27, 
  1978, p 32058; 95-2, Oct. 14, 1978, p 38158.

                           Postponement of Vote

      Unanimous-consent permission to postpone recorded votes in the 
  Committee of the Whole must be obtained in the House and not in the 
  Committee of the Whole. 103-1, June 28, 1993, p ____. Deferred votes, 
  see Sec. 23, infra.

[[Page 894]]

  Sec. 13 . Ordering the Yeas and Nays

                         In General; When Required

      The yeas and nays are usually in order only after they are 
  demanded by a Member and the demand is supported by a sufficient 
  number of Members. Sec. 14, infra. But in some cases the yeas and nays 
  are required by law or by House rule. Under the Constitution, a vote 
  by the yeas and nays is required to pass a bill over the President's 
  veto (U.S. Const. art. I Sec. 7). See 4 Hinds Sec. 3520; 7 Cannon 
  Sec. 1110. See also Veto of Bills.
      The yeas and nays are to be ``considered as ordered'' when the 
  question is put on certain measures such as bills providing general 
  appropriations or income tax rate increases. Rule XV clause 7. And the 
  yeas and nays are automatically ordered under the House rules when a 
  vote has been objected to for lack of a quorum, thereby precipitating 
  a simultaneous quorum call. Sec. 16, infra. A vote by the yeas and 
  nays is required to close a conference committee meeting under Rule 
  XXVIII clause 6 (Manual Sec. 913d). Such a vote may also be required 
  by statute. See for example 19 USC Sec. 1981 (Trade Expansion 
  Program); 50 USC Sec. 1545 (War Powers Resolution); 50 USC Sec. 1622 
  (termination of national emergency).

                            Effect of Ordering

      The ordering of the yeas and nays ordinarily brings the pending 
  proposition to a vote but does not necessarily preclude all other 
  business. A motion to adjourn may be admitted after the yeas and nays 
  are ordered and before the vote has begun. 5 Hinds Sec. 5366. A motion 
  to suspend the rules and pass a bill has been entertained after the 
  yeas and nays have been demanded on another matter. 5 Hinds Sec. 6835. 
  Consideration of a conference report (5 Hinds Sec. 6457) or a motion 
  to reconsider the vote by which the yeas and nays have been ordered (5 
  Hinds Sec. 6029; 8 Cannon Sec. 2790) has also been permitted to 
  intervene.

                           Effect of Adjournment

      An order for the yeas and nays remains in effect during an 
  adjournment and is taken up whenever the bill again comes before the 
  House. 5 Hinds Secs. 6014, 6015; 8 Cannon Sec. 3108. The House having 
  reconvened, the question of consideration may not intervene so as to 
  prevent a resumption of the yeas and nays. 5 Hinds Sec. 4949. However, 
  should a quorum fail to vote and the House adjourns, the question 
  recurs de novo when the bill again comes before the House. 76-3, Oct. 
  10, 1940, pp 13534, 13535; 87-2, Oct. 13, 1962, pp 23474, 23475; 89-2, 
  Oct. 19, 1966, p 27641.

[[Page 895]]

  Sec. 14 . Demanding the Yeas and Nays

                                In General

      A demand for the yeas and nays is in order after the question has 
  been put to a voice vote (93-2, Oct. 2, 1974, p 33623), but a vote is 
  taken only if a sufficient number of Members rise in support of the 
  demand. Under the Constitution, the demand must be supported by one-
  fifth of the Members present. U.S. Const. art. I Sec. 5. Manual 
  Sec. 75.

      Member: Mr. Speaker, I demand the yeas and nays.
      Speaker: The yeas and nays are demanded. As many as are in favor 
    of taking this vote by yeas and nays will rise and stand until 
    counted.
      (So many) have risen, not a sufficient number, and the yeas and 
    nays are refused. [Or] (So many) have risen, a sufficient number, 
    and the yeas and nays are ordered.

      In contrast to a demand for a recorded vote, which requires the 
  support of one-fifth of a quorum (Sec. 12, supra), on a demand for the 
  yeas and nays the Speaker need determine only whether one-fifth of 
  those present sustain the demand. 5 Hinds Sec. 6043; 8 Cannon 
  Secs. 3112, 3115. Thus, if there are only 10 Members in the Chamber, 
  two Members rising in support of the demand are sufficient. Indeed, it 
  is well-settled that a quorum is not necessary to the ordering of the 
  yeas and nays. 5 Hinds Secs. 6016-6028; Manual Sec. 76.
      In ascertaining whether one-fifth of those present support a 
  demand for the yeas and nays, the Speaker counts the entire number 
  present as well as those who rise in favor of the demand. 8 Cannon 
  Secs. 3111, 3120. A request for a rising vote of those opposed to the 
  demand is not in order. 8 Cannon Secs. 3112-3114. The Chair ordinarily 
  first counts those supporting the demand and then counts the House; 
  latecomers are included in the count until closed by the Chair. 101-2, 
  Sept. 24, 1990, p ____. The Speaker's count of the House on this 
  question is not subject to appeal. 95-2, Sept. 12, 1978, p 28949.

                               When in Order

      The Speaker must put the question before a demand for the yeas and 
  nays is in order. See 93-2, Oct. 2, 1974, p 33623. The demand is in 
  order after the Speaker has put the question to a voice vote, is 
  announcing the result of a division (5 Hinds Sec. 6039), and even 
  after the announcement of such a vote if the House has not passed on 
  to other business (5 Hinds Secs. 6040, 6041). But a demand for the 
  yeas and nays comes too late after the Speaker has put the question on 
  a motion, announced the result, and the House has proceeded to other 
  business. 86-2, Apr. 25, 1960, p 17671; 89-

[[Page 896]]

  2, Apr. 28, 1966, p 9230. It is likewise untimely where the Chair has 
  put a question to a voice vote, announced the result, and by unanimous 
  consent laid the motion to reconsider on the table. 95-2, Oct. 13, 
  1978, p 36976.

                           Precedence of Demand

      Being of constitutional origin, a demand for the yeas and nays in 
  the House takes precedence over a demand for a vote of record under 
  clause 5, Rule I. 92-2, June 28, 1972, p 22981. A demand for the yeas 
  and nays in the House under the Constitution likewise takes precedence 
  over a demand for a division vote under clause 5 of Rule I. 103-1, 
  Mar. 29, 1993, p ____.

                 Demands as Dilatory; Repetition of Demand

      The constitutional provision authorizing a demand for the yeas and 
  nays is liberally construed; the demand may be made by any Member (8 
  Cannon Sec. 3110), and cannot be denied merely on the ground that it 
  is dilatory (5 Hinds Sec. 5737; 8 Cannon Sec. 3107). However, the yeas 
  and nays having been once refused may not be again demanded on the 
  same question. 5 Hinds Sec. 6029. It is not in order during the 
  various processes of a division vote to repeat a demand for the yeas 
  and nays that has been rejected. 5 Hinds Sec. 6030; Manual Sec. 77. A 
  demand for the yeas and nays having been refused, and tellers then 
  having been ordered, a second demand for the yeas and nays was held 
  not in order. 90-2, June 26, 1968, pp 18938-40.

                                Withdrawal

      When the demand for the yeas and nays has been supported by one-
  fifth of the Members present, it is too late for the Member making the 
  demand to withdraw it. 86-2, May 26, 1960, p 11304.


  Sec. 15 . Voting by the Yeas and Nays

                                In General

      Under the earlier practice, yea and nay votes were cast in 
  response to the Clerk's call of the roll of Members in alphabetical 
  order. Manual Sec. 765. Today, yea and nay votes are almost invariably 
  cast by use of the electronic voting system, and need not be cast in 
  alphabetical sequence. However, the Speaker has the discretion to have 
  the Clerk call the roll for the yeas and nays (Manual Sec. 774b). And 
  the Speaker may, in his discretion, direct the Clerk to call the roll, 
  in lieu of taking the vote by electronic device, where a quorum fails 
  to vote on the question and objection is made for that reason. 93-1, 
  May 16, 1973, p 15850.

[[Page 897]]

                              Reconsideration

      A motion to reconsider a vote ordering the yeas and nays (5 Hinds 
  Sec. 6029; 8 Cannon Sec. 2790) or refusing the yeas and nays (5 Hinds 
  Sec. 5692) is in order. A yea and nay vote itself is likewise subject 
  to reconsideration. If the House (by a majority vote) agrees to 
  reconsider, the yeas and nays may again be ordered (by one-fifth of 
  those present). 5 Hinds Secs. 5689-5691. But if the House, having 
  reconsidered, again orders the yeas and nays, a second motion to 
  reconsider is not in order. 5 Hinds Sec. 6037.

                        Disclosure of Member's Vote

      A Member's vote, whether ``Yea,'' ``Nay,'' or ``Present,'' appears 
  in the Congressional Record and, as required by the Constitution (U.S. 
  Const. art. I Sec. 5), in the House Journal. Manual Sec. 75. However, 
  there is no requirement that a Member's vote be announced publicly 
  during the vote. 99-1, Sept. 19, 1985, p 24245.


  Sec. 16 . ``Automatic'' Yea and Nay Votes

      On any vote in the House, the vote may be objected to for lack of 
  a quorum under Rule XV clause 4, thereby precipitating a quorum call 
  and a simultaneous ``automatic'' ordering of the yeas and nays. 95-2, 
  Oct. 14, 1978, p 38553. That rule provides that ``whenever a quorum 
  fails to vote on any question, and a quorum is not present and 
  objection is made for that cause . . . there shall be a call of the 
  House . . . and the yeas and nays . . . shall at the same time be 
  considered as ordered.'' Manual Sec. 773. An automatic call results 
  under this rule when the objection that a quorum is not present and 
  voting is made in the House after a voice vote. 6 Cannon Sec. 697. An 
  automatic call under this rule is not in order in Committee of the 
  Whole. 89-2, Aug. 2, 1966, p 17844.
      The Speaker may direct that an ``automatic'' vote in the House be 
  taken by electronic device, or may, in his discretion, direct the 
  Clerk to call the roll. 93-1, May 16, 1973, p 15860.
      The automatic call and vote that ensues under Rule XV clause 4 
  when a quorum fails to vote is applicable whether the House is voting 
  viva voce (6 Cannon Sec. 697), by division (6 Cannon Sec. 691), by 
  tellers (4 Hinds Sec. 3053), or by the yeas and nays (6 Cannon 
  Sec. 703), but does not apply when the House is voting on some 
  question which does not require a quorum, such as a motion incidental 
  to a call of the House. 4 Hinds Sec. 2994; 6 Cannon Sec. 681. While a 
  quorum is not required to adjourn, a point of no quorum on a negative 
  vote on adjournment, if sustained, precipitates a call of the House 
  under the rule. 6 Cannon Sec. 700; 82-1, June 15, 1951, p 6621.

[[Page 898]]

      See also Quorums.


  Sec. 17 . Roll Call Votes

                                In General

      Because of the availability of the electronic voting system 
  (Sec. 2, supra), roll call votes are rarely taken under the modern 
  practice. Today roll call votes are ordinarily taken only during the 
  process of electing a Speaker--where the responses are the surnames of 
  those nominated (Manual Sec. 312)--or in the event of a malfunction of 
  the electronic voting system (98-1, July 13, 1983, p 18844). 
  Nevertheless, the Speaker has broad discretionary power to invoke a 
  roll call vote (Manual Sec. 774b), and he may, in his discretion, 
  direct the Clerk to call the roll, in lieu of taking the vote by 
  electronic device, where a quorum fails to vote on any question and 
  objection is made for that reason (93-1, May 16, 1973, p 15850).
      The Clerk calls the roll of Members in alphabetical order by 
  surname. The Speaker's name is called at the close of the roll. 5 
  Hinds Sec. 5965. The roll is called twice--the second roll call being 
  limited to those Members who failed to respond to the first call. A 
  Member may cast his vote even after his name has been called provided 
  the result of the vote has not been announced. 4 Hinds Sec. 3052.

                               Interruptions

      A motion to adjourn may be made before the roll call begins. 4 
  Hinds Sec. 3050. And a roll call may be interrupted for the reception 
  of messages (5 Hinds Sec. 5602) and by the arrival of the hour fixed 
  for adjournment sine die (5 Hinds Secs. 6715-6718). However, a roll 
  call may not be interrupted by:

     A motion to adjourn. 5 Hinds Sec. 6053.
     A parliamentary inquiry. 5 Hinds Sec. 6058; 8 Cannon 
         Sec. 3132.
     A question of personal privilege. 5 Hinds Secs. 6058, 6059; 6 
         Cannon Secs. 554, 564.
     The arrival of the hour fixed for another order of business. 5 
         Hinds Sec. 6056.
     The arrival of the hour fixed for a recess. 5 Hinds 
         Secs. 6054, 6055; 8 Cannon Sec. 3133.
     A conference report. 5 Hinds Sec. 6443.


  Sec. 18 . Teller Votes With Clerks

      ``Tellers with clerks'' refers to a voting method adopted in 1971 
  to make it possible to record the votes of individual Members in the 
  Committee of the Whole. Manual Sec. 630a. Under this rarely used 
  voting practice, the Chair has the discretion to order the Clerk ``to 
  tell the names of those vot-

[[Page 899]]

  ing on each side of the question.'' Rule I clause 5(a). Each Member is 
  given a tally card on which he enters his voting preference and his 
  signature. The Members then deposit these cards in ballot boxes 
  located in the Chamber.
      Tellers with clerks as a voting method fell into disuse in 1972 
  with the adoption of the more efficient electronic voting system (see 
  Sec. 2, supra). Tellers with clerks remains as a stand-by procedure to 
  be used only in the event of malfunction of the electronic system or 
  in the event the Clerk is unable to call the roll.


  Sec. 19 . Pairing

                       General Pairs; Specific Pairs

      A pair is an informal agreement between Members on opposite sides 
  not to vote on a specified question or for a stipulated time during 
  their anticipated absence from the House. Since the pairing Members 
  are on opposite sides, their absences do not effect the result of the 
  vote. Pairing permits Members to indicate their position with respect 
  to a question even though they will not be present when the vote is 
  taken. Pairs are not counted in vote totals, but their names are 
  published in the Congressional Record.
      Pairing is permitted in the House by Rule XV clause 1 and Rule 
  VIII clause 2. In 1975, the House amended the latter rule to permit 
  pairing in Committee of the Whole. See 94-1, Jan. 14, 1975, p 20.
      Pairing is only permitted prior to the announcement of the result 
  of the vote. Manual Sec. 660a. After the Speaker has announced the 
  result of a vote it is too late for a Member to announce a pair with 
  an absent Member. 92-2, Oct. 5, 1972, p 34166.
      A Member may arrange to be paired with another Member on the 
  opposite side through contact with a pair clerk. Such clerks are floor 
  employees designated by the party leaderships. Pairing Members may 
  provide for the commencement and termination of the pair on specific 
  dates, and may indicate if desired the stand of each Member on 
  measures to be voted on. Or a Member may indicate that he wishes to 
  stand ``with the Majority Leader'' in being paired with another 
  Member. See 8 Cannon Sec. 3077.

                              ``Live'' Pairs

      Live pairs involve an agreement between one Member who is present 
  and voting and another on the opposite side of the question, who is 
  absent. By agreement, the voting Member withdraws his vote and records 
  himself as ``present.'' 91-1, Dec. 9, 1969, p 37996.


[[Page 900]]


      Member: Mr. Speaker, on the vote just recorded I voted ``Aye'' (or 
    ``No''). I have a pair with the gentleman from __________ and desire 
    to change my vote and be recorded as ``Present.''
      Chair: The Clerk will call the gentleman's name.

      Such announcements must be made before the vote is finally 
  declared. 92-2, Oct. 5, 1972, p 34166.

              Enforcement and Construction of Pair Agreements

      The House does not consider questions arising out of the breaking 
  of a pair (5 Hinds Sec. 5982), nor will it permit a Member to vote 
  after the call on the ground that he had refrained from voting because 
  of misunderstanding as to a pair (5 Hinds Secs. 6080, 6081). Neither 
  the Speaker nor the House exercises jurisdiction over pair agreements. 
  5 Hinds Sec. 6095; 8 Cannon Secs. 3082, 3085, 3087, 3089, 3093. The 
  interpretation of the terms, provisions, and conditions of a pair 
  rests exclusively with the contracting Members. The House does not 
  construe them or consider questions or complaints arising out of their 
  violation. 8 Cannon Sec. 3085. Such questions must be determined by 
  the interested Members themselves. 5 Hinds Secs. 5981, 5982.

                           Correcting the Record

      The failure of the Congressional Record to accurately record a 
  pair is subject to correction just as any other error in the Record. 8 
  Cannon Sec. 3079. A Member may, by unanimous consent, correct the 
  Record where a pair is not properly listed. 88-1, Dec. 10, 1963, p 
  22820.


                    F. Voting Periods; Time Limitations


  Sec. 20 . In General; Fifteen-minute Votes

                                 Generally

      Members have a minimum of 15 minutes from the time of the ordering 
  of a recorded vote to be in the Chamber. Rule I clause 5 (Manual 
  Sec. 630a) and Rule XV clause 5(b) (Manual Sec. 774b). Members who are 
  in the Chamber at the expiration of that time will be permitted to 
  vote prior to the announcement of the result by the Chair. 92-1, July 
  27, 1971, p 27373. And the Chair has the discretion to allow 
  additional time for Members to record their votes before announcing 
  the result. 93-1, June 6, 1973, p 18403.
      Although Members have a minimum of 15 minutes in which to record 
  their votes on a vote taken by electronic device, the Chair has 
  discretion to close the vote and to announce the result at any time 
  after 15 minutes have elapsed. Thus, no point of order lies against 
  the decision of the Chair

[[Page 901]]

  in his discretion to close a vote taken by electronic device after 15 
  minutes have elapsed. 95-2, Mar. 14, 1978, p 6839.

                   Voting Alerts; Bell and Light System

      A legislative call system alerts Members to the taking of a vote 
  as well as the kind of vote and the duration of the voting period. 
  This system uses bells and lights that are activated through clocks 
  located throughout the House and its adjacent office buildings. Manual 
  Sec. 765a. Members should not rely on signals relayed from outside the 
  Chamber to assume that votes will be held open until they arrive. 104-
  1, Jan. 4, 1995, p ____. A mechanical malfunction of this call system 
  does not result in the retaking of a vote except by unanimous consent 
  (8 Cannon Secs. 3153, 3154), and such failure does not permit a Member 
  to be recorded following the conclusion of the call. Manual Sec. 765a. 
  In one instance, the Committee of the Whole agreed to a unanimous-
  consent request that a recorded vote on an amendment be vacated and 
  that a new recorded vote be taken on the amendment, where it was 
  alleged that erroneous clocks outside the Chamber and on the televised 
  proceedings had misled Members as to the amount of time available. 98-
  1, May 3, 1983, p 10773.


  Sec. 21 . Five-minute Votes in the House; ``15-and-5'' Votes

                                 Generally

      Although 15 minutes is the usual time to respond to an order for a 
  recorded vote in the House, the Speaker has discretionary power, under 
  some circumstances, to reduce such time to five minutes. The rules of 
  the House (Rule I and Rule XV) permit the Chair in his discretion to 
  order five-minute votes:

     On an underlying question immediately following a roll call 
         vote on ordering the previous question. Manual Sec. 774bb.
     On additional questions on which the Speaker has postponed 
         further proceedings immediately following a 15-minute vote on 
         the first such postponed question. Manual Sec. 631. Generally, 
         see Sec. 23, infra.
     On final passage of a measure immediately following a 15-
         minute recorded vote on a motion to recommit. Manual 
         Sec. 774bb.
     On second and subsequent separate votes in the House on 
         amendments reported from the Committee of the Whole immediately 
         following a 15-minute vote on the first such separate vote. 
         Manual Sec. 774bb.
     On a pending question immediately following a regular quorum 
         call in Committee of the Whole. Manual Sec. 863. See also 
         Sec. 22, infra.
     On any or all pending amendments immediately following a 15-
         minute recorded vote on the first such pending amendment in 
         Committee of the Whole. Manual Sec. 864a. See also Sec. 22, 
         infra.


[[Page 902]]



      These votes, often referred to as ``15-and-5'' votes, are in order 
  before other business intervenes. Thus, under clause 5(b)(1) of Rule 
  XV, the Speaker has discretion to conduct ``15-and-5'' voting after a 
  roll call vote has been ordered on the previous question on a 
  proposition if the question of adoption follows without intervening 
  business. 103-1, Feb. 3, 1993, p ____.

                           By Unanimous Consent

      The House may by unanimous consent authorize the Speaker to reduce 
  the time to respond to a recorded vote. Under this practice, the 
  response time may be set at two minutes (100-2, Oct. 4, 1988, p 
  28126), although five minutes is the more customary time agreed to. 
  98-2, June 21, 1984, p 17709. Thus, by unanimous consent, the House 
  may permit a reduction of time to five minutes on a subsequent record 
  vote by electronic device, if ordered, on an amendment reported from 
  the Committee of the Whole on which a separate vote has been demanded. 
  98-1, Nov. 8, 1983, p 31502; 99-1, Oct. 8, 1985, pp 26665-67. And in 
  one instance, by unanimous consent, the House reduced to five minutes 
  the minimum time for a required record vote on a motion to close a 
  conference meeting, to be made immediately following another record 
  vote previously postponed. 98-1, Aug. 1, 1983, p 22029.


  Sec. 22 . Five-minute Votes in Committee of the Whole

                            Discretion of Chair

      Although 15 minutes is the usual minimum time for Members to 
  respond to an order for a recorded vote in the Committee of the Whole, 
  the Chairman has the discretion, under some circumstances, to reduce 
  such time to five minutes. In 1979, Rule XXIII was amended to give the 
  Chairman the discretion to reduce to five minutes the period for a 
  recorded vote following a regular 15-minute quorum call. Manual 
  Sec. 863. An announcement of a possible five-minute vote must be made 
  by the Chair in advance under this rule. 98-1, May 4, 1983, p 11063.
      In 1991, Rule XXIII was further amended to extend the 
  discretionary authority of the Chair to order five-minute votes with 
  respect to electronic votes on amendments pending in the Committee. 
  Where an electronic vote is pending on two or more amendments, and the 
  vote has been taken on the first pending amendment and there is no 
  intervening business, the Chair may in his discretion reduce the time 
  for voting on the remaining amendments to five minutes. Rule XXIII 
  clause 2(c).

[[Page 903]]

                           By Unanimous Consent

      The Chairman of the Committee of the Whole has on rare occasions 
  entertained a unanimous-consent request to reduce the minimum period 
  of time for a recorded vote to five minutes. In one instance, by 
  unanimous consent, the Committee permitted consecutive subsequent 
  recorded votes, if ordered on divisible portions of an amendment, to 
  be five-minute votes by electronic device, where no debate time 
  remained on any portion of the amendment. 98-1, Nov. 8, 1983, p 31497. 
  But the Chair will not entertain such a request under circumstances 
  (such as where debate has intervened after a previous vote) where 
  Members may have inadequate notice of the reduction in time for 
  voting. 98-2, June 27, 1984, p 19126; 99-1, July 10, 1985, p 18423.


  Sec. 23 . Deferred or Clustered Votes

      The Speaker has the discretionary authority under Rule I clause 
  5(b), as amended in 1995, to postpone certain questions and to 
  ``cluster'' them for voting at a designated time or place in the 
  legislative schedule, and, after the vote on the first such question, 
  to reduce to five minutes the vote on all of the additional questions 
  so postponed. Manual Sec. 631. The rule specifically applies to the 
  questions of:

     Approval of the Journal.
     Passing bills or adopting resolutions (or moving the previous 
         question thereon).
     Agreeing to motions to suspend the rules.
     Agreeing to conference reports or to certain motions to 
         instruct conferees (or moving the previous question thereon).

      These categories are not mutually exclusive. For example, the 
  Speaker may ``cluster'' a vote on the approval of the Journal with 
  motions to suspend the rules. 103-1, Mar. 29, 1993, p ____.
      For all such categories, the postponement authorized by the rule 
  must be to a time within two legislative days, with the exception of 
  questions relating to the approval of the Journal. Such questions may 
  be postponed only to a time on the same legislative day. Manual 
  Sec. 631.
      The discretionary authority of the Speaker to postpone votes under 
  this rule arises after a vote of record is ordered or when a vote is 
  objected to for lack of a quorum. Manual Sec. 631. Thus, under this 
  rule, the Speaker may postpone the vote on the question of passage of 
  a bill, where the vote has been objected to on the grounds that a 
  quorum is not present. 99-2, Oct. 9, 1986, p 30104. The authority of 
  the Speaker to postpone such a vote does

[[Page 904]]

  not continue once a record vote has commenced or once the Speaker has 
  announced the absence of a quorum. 98-1, July 13, 1983, p 18844.
      Where the proposition does not fall within one of the categories 
  listed by clause 5(b), the Chair does not have discretionary authority 
  to order a five-minute vote but may do so by unanimous consent. 99-2, 
  Oct. 6, 1986, p 28704. Thus, since procedural motions to postpone are 
  not included among those propositions on which the Speaker is 
  authorized to cluster a vote, the Speaker may, by unanimous consent 
  only, postpone the vote on such a motion. 98-1, Aug. 1, 1983, p 21900.
      Under clause 5 of Rule I, the Speaker has the discretion to reduce 
  the time to five minutes only on ``clustered'' record votes following 
  the first vote in the series; and the first vote must be a 15-minute 
  vote. Compare 98-1, Nov. 8, 1983, p 31510. The Speaker will not 
  entertain unanimous-consent requests to reduce the first postponed 
  record vote in a series to five minutes unless Members are adequately 
  notified and unless it immediately follows a 15-minute vote on a 
  pending matter. See 98-2, July 24, 1984, p 20675; 99-1, Oct. 8, 1985, 
  pp 26665-67.
      Once announced the Chair may redesignate the time for taking 
  postponed votes within the permissible period. 98-2, June 6, 1984, p 
  15080.
      In exercising his authority under this rule, the Speaker may 
  announce that the consideration of certain postponed questions may be 
  interrupted by other privileged business. 97-1, Dec. 15, 1981, p 
  31506. And the ``clustering'' of record votes on postponed matters 
  does not prevent the Chair from entertaining a unanimous-consent 
  request between postponed votes. 98-1, Feb. 15, 1983, p 2175.


  Sec. 24 . Time to Cast Vote

      It is not in order, even by unanimous consent, to permit Members 
  to have their votes recorded after the announcement of the result. 86-
  1, Mar. 12, 1959, p 4039; 86-2, May 12, 1960, p 10206; 92-1, Mar. 17, 
  1971, p 6809. It is too late for a Member to cast a vote on a recorded 
  vote after the Chair has announced the result of the vote (92-1, May 
  12, 1971, p 14584), even though the Member states that he was in the 
  Chamber prior to the announcement (92-1, Sept. 30, 1971, p 34291). 
  Similarly, a Member may not be recorded on a yea and nay vote after 
  the result of the vote has been announced (87-2, Mar. 29, 1962, p 
  5438), even though he was present in the Chamber during the vote (90-
  1, July 18, 1967, p 19300).

[[Page 905]]

              G. Vote Changes, Corrections, and Announcements


  Sec. 25 . In General; Vote Changes

      A Member who has voted may change his vote at any time before the 
  final announcement of the result of the vote. 5 Hinds Secs. 5934, 
  6093, 6094; Manual Sec. 766. At that time a ``Present'' vote may be 
  changed as well as an ``Aye'' or ``No'' vote. 5 Hinds Sec. 6060. But a 
  Member may not withdraw his vote without leave of the House. 5 Hinds 
  Sec. 5930.
      Changes in votes cast are barred following the announcement of the 
  result of the vote. 5 Hinds Secs. 5931-5933; 8 Cannon Sec. 3124; 92-1, 
  Nov. 9, 1971, p 40062. A Member may not change his vote even by 
  unanimous consent after the result has been announced. 99-2, June 17, 
  1986, p 14038.
      Where a vote is being taken by electronic device, Members are 
  permitted to change their votes by reinserting their voting cards in 
  the voting stations during the first 10 minutes of 15-minute votes (or 
  by announcement in the well after the Chair has asked for changes) or 
  at any time during five-minute votes. Following the expiration of the 
  minimum time for voting by electronic device and the closing of 
  electronic voting stations, but prior to the Speaker's announcement of 
  the result, any Member may either change his vote or cast an initial 
  vote from the well by use of a ballot card. 94-1, Sept. 23, 1975, p 
  28951. See also Sec. 2, supra.
      Members who wish to change their votes on a recorded vote 
  conducted by tellers with clerks may announce their vote change in the 
  well prior to the announcement of the result. 93-1, July 11, 1973, pp 
  23156, 23161. If the correction is made prior to the announcement of 
  the result by the Chair, unanimous consent is not required. 92-1, July 
  27, 1971, p 27374.
      Where a Member changes his vote following a roll call and before 
  the announcement of the result by the Chair, the change appears in the 
  Record. This occurs even where the Member changes his vote twice, 
  thereby reverting to his original voting stance. 91-1, Dec. 20, 1969, 
  p 40456.


  Sec. 26 . Correcting the Record

                             Electronic Votes

      The Speaker declines to entertain requests to correct the Journal 
  and Record on votes taken by electronic device. The Chair presumes the 
  technical accuracy of the electronic system if properly utilized and 
  relies on the responsibility of each Member to correctly cast and 
  verify his vote. Manual Sec. 766; 93-1, Feb. 6, 1973, p 3558; 93-2, 
  Dec. 3, 1974, p 37426. Recognition for such a request may be denied 
  despite assurances by a Member that he had verified his vote by 
  reinserting his card. 93-1, Apr. 18, 1973, p

[[Page 906]]

  13081. But the incorrect transcription by the official reporters of 
  debates of a vote change announced in the well may be corrected in the 
  Record by unanimous consent. 94-1, Sept. 24, 1975, p 30059.
      The Speaker has declined to entertain a unanimous-consent request 
  to correct a vote taken by electronic device although the Member was 
  recorded as voting on a day when he was on leave from the House, no 
  explanation having been offered for the discrepancy. 96-1, July 31, 
  1979, p 21660. For a report of the Committee on Standards of Official 
  Conduct on voting anomalies, see H. Rept. No. 96-991, May 15, 1980.

                            Nonelectronic Votes

      Where the electronic voting system is not in use, and a Member is 
  incorrectly recorded on a roll call, he may correct his vote before 
  the announcement of the result, with the corrected vote being properly 
  recorded and the change duly noted in the Record. 87-1, Sept. 6, 1961, 
  p 18256. After the announcement of the result of such a vote, while it 
  is not permissible to change a vote, a Member may seek unanimous 
  consent to correct the Record where his vote was incorrectly recorded 
  or, though cast, was not recorded at all. 86-1, May 28, 1959, p 9335; 
  88-1, Sept. 10, 1963, p 16697. In entertaining such requests, the 
  Chair does not pass judgment on the Member's explanation as to how he 
  was improperly recorded or how, though present and having voted, he 
  was not recorded, nor does he challenge the Member's word on how he 
  voted during the roll call. See 86-1, May 29, 1959, p 9335. Indeed, 
  when a vote actually given fails to be recorded during a call of the 
  roll (5 Hinds Secs. 6061, 6062), the Member may, before the approval 
  of the Journal, demand as a matter of right that correction be made (5 
  Hinds Sec. 5969; 8 Cannon Sec. 3143). Manual Sec. 766.
      Members who have been incorrectly recorded on a nonelectronic vote 
  taken by clerks pursuant to clause 5, Rule I have, by unanimous 
  consent, had their votes corrected following the announcement of the 
  result. 92-1, Mar. 18, 1971, p 7023. The Chair will not entertain such 
  requests after further business has been transacted.
      A Member, ascertaining that an absent colleague has been 
  inadvertently recorded on a nonelectronic roll call vote, may have the 
  vote deleted by unanimous consent, prior to the announcement of the 
  result. 88-1, June 13, 1963, p 10871; 88-1, Aug. 12, 1963, p 14758.


  Sec. 27 . Recapitulations

      A Member may not demand a recapitulation of a vote taken by 
  electronic device. 94-1, July 30, 1975, p 25841. The recapitulation of 
  such votes is refused because all Members may determine whether they 
  were correctly

[[Page 907]]

  recorded by examining the display panel over the Speaker's rostrum 
  (94-1, Sept. 17, 1975, p 28903) and because, even if the display 
  panels are inoperative, individual votes and vote totals may be 
  verified through the voting and monitoring stations (95-2, June 21, 
  1978, p 18260).
      Record votes that do not involve the use of the electronic voting 
  system are subject to recapitulation (5 Hinds Secs. 6049, 6050) at the 
  discretion of the Speaker (8 Cannon Sec. 3128), either before or after 
  the announcement of the result (8 Cannon Sec. 3125). 86-1, Sept. 2, 
  1959, p 17752. See Manual Sec. 765. But the Speaker may decline to 
  entertain a request for a recapitulation of such a vote until after 
  the announcement of the vote. 87-2, Oct. 12, 1962, p 23434. The 
  greater the numerical difference between the vote totals, the greater 
  the likelihood that the Speaker will decline to order a 
  recapitulation. In one instance, the Speaker declined to order a 
  recapitulation where the difference in the totals was as great as 10 
  votes (87-2, June 21, 1962, p 11383) but in another, the Speaker 
  ordered a recapitulation where there was merely a three-vote 
  difference (5 Hinds Sec. 6050).
      A Member may not change his vote on recapitulation if the result 
  has been announced (8 Cannon Sec. 3124), but errors in the record of 
  such votes may be corrected (8 Cannon Sec. 3125). Corrections of votes 
  on recapitulation are made after the Clerk reads the names of the 
  Members voting yea and again after the nays are read. 86-1, Sept. 2, 
  1959, p 17752.


  Sec. 28 . Announcements as to Voting Preference

      A Member, having been absent for a recorded vote, may announce how 
  he would have voted had he been present to vote. 86-1, May 20, 1959, p 
  8690.

      Member: Mr. Speaker, on roll call 125, I was late getting here as 
    a result of ________________________. Had I been present I would 
    have voted ``aye.'' I ask unanimous consent that this statement 
    appear in the Record following the announcement of the vote.

  But neither the rules nor the practice permit a Member to announce 
  after a record vote how absent colleagues would have voted if present. 
  6 Cannon Sec. 200; Manual Sec. 767.


                  H. Majority Votes; Super-majority Votes


  Sec. 29 . In General; Tie Votes

      ``The voice of the majority decides . . . where not otherwise 
  expressly provided,'' wrote Jefferson, expressing a fundamental 
  precept of parliamen-

[[Page 908]]

  tary law. Manual Sec. 508. Most business that comes before the House 
  is decided by a majority vote, and, by House rule, all questions 
  relating to the priority of business are decided by a majority. Rule 
  XXV. Manual Sec. 900. Under a rule in effect since the first Congress, 
  if the House vote on a proposition is a tie, the proposition is 
  defeated. Rule I clause 6. Manual Sec. 632. See also Hinds Secs. 5926, 
  5964.

                             Two-thirds Votes

      Under the Constitution or by House rule, a two-thirds vote is 
  expressly required in the House on:

     Amendments to the Constitution. U.S. const. art. V. Manual 
         Sec. 190.
     Passage of bills over a veto. U.S. Const. art. I Sec. 7. 
         Manual Sec. 104.
     Dispensing with Calendar Wednesday. Rule XXIV. Manual 
         Sec. 897.
     Dispensing with the call of the Private Calendar. Rule XXIV. 
         Manual Sec. 893.
     Same-day consideration of reports from the Committee on Rules. 
         Rule XI clause 4b. Manual Sec. 729a.
     Suspension of the rules. Rule XXVII. Manual Sec. 902.
     Expulsion of a Member. U.S. Const. art. I Sec. 5. Manual 
         Sec. 63.
     Removal of political disabilities. U.S. Const. Amendment XIV 
         Sec. 3. Manual Sec. 230.

      A two-thirds vote ordinarily means two-thirds of those voting, a 
  quorum being present, and not two-thirds of the entire membership. 
  Such a vote requires an affirmative vote by two-thirds of those 
  Members actually voting; Members who indicate only that they are 
  ``present'' are not counted in determining the two-thirds figure. 98-
  1, Nov. 15, 1983, p 32685. This method of computing a two-thirds vote 
  is applied to votes on passage of a constitutional amendment (5 Hinds 
  Sec. 7027; 8 Cannon Sec. 3503), to votes on the passage of a bill over 
  the President's veto (7 Cannon Sec. 1111), and to a vote on a motion 
  to suspend the rules (97-1, Dec. 16, 1981, pp 31850 et seq.).

                            Three-fifths Votes

      Under a rule adopted in 1995, an income tax rate increase can be 
  passed only by a vote of not less than three-fifths of the Members 
  voting. Rule XXI clause 5(c).
      A bill called up from the Corrections Day Calendar also requires a 
  three-fifths vote for passage. Rule XIII clause 4(c).



[[Page 909]]

 
                                  INDEX


   (The main headings in this index, shown in boldface type, refer to 
    corresponding chapter titles. Section references are to sections 
    specified within the identified chapter. Cross references are to 
                        headings in this index.)

                               ADJOURNMENT

    See also Budget Process; Order of Business; Quorums; Recess; Veto of 
    Bills
  Generally, Sec. 1
  Adjournment resolutions, Sec. 10
  Amendments relating to, Sec. 6
  August recess, Sec. 12
  Conditional adjournments, Sec. 10
  Consent of both Houses, when required, Sec. 10
  Debate on motion, Sec. 6
  Dilatory motions, Sec. 9
  Forms, Sec. 2
  House-Senate action, Sec. 10
    voting on, Sec. 10
  July 31, in even-numbered years, Sec. 12
  Legislative days and calendar days distinguished, Sec. 2
  Majority Leader, motion by, Secs. 5, 10
  Meeting schedules, Sec. 2
  More than three days, adjournments of, Secs. 10-12
  Motions to adjourn, Sec. 2
    to fix the day, Sec. 3
  Pocket veto during adjournment, see Veto of Bills
  Precedence and privilege of motion, Sec. 3
  Privilege of resolution, Sec. 11
  Quorum requirements for, Sec. 8
  Recall provisos, Sec. 10
  Recess distinguished, Sec. 1
  Recognition, Sec. 5
  Repetition of motion, Sec. 9
  Sine die adjournments, Sec. 13
    motions, Sec. 14
    procedure at, Sec. 14
    resolutions, Sec. 13
  Statutory requirement, Sec. 12
  Three days or less, adjournments of, Secs. 1-9
  Unanimous-consent requests to adjourn, Sec. 2
  Voting, Sec. 7
  When in order, Sec. 3
  When not in order, Sec. 3
    in Committee of the Whole, Sec. 4
  Who may offer motion, Sec. 5

                               AMENDMENTS

    See also Consideration and Debate; Appropriations; Germaneness; 
    Points of Order; Reading, Passage, and Enactment; Recognition; 
    Senate Bills and Amendments; Special Rules
  Generally, Sec. 1
  Action on amendments previously considered and rejected, Sec. 44
  Adoption of, as precluding motions to strike, Sec. 39
  Adoption of perfecting amendment, effect of--
    generally, Sec. 38
    amendments negating proposition previously adopted, Sec. 38
    changes following amended text, Sec. 38
    special rule, effect of, Sec. 38
  Adoption or rejection, effect of, Secs. 38-44
  Amending amendments in the nature of a substitute, when permitted, 
      Sec. 13
  Amending other motions, Sec. 10
  Amending pending amendments, when permitted, Sec. 13
  Amendments between the Houses, see Senate Bills and Amendments
  Amendments in nature of substitute, amendments to, Sec. 13

[[Page 910]]

    definition of, Sec. 7
  Bills considered as read, amendments to, Sec. 18
  Budget resolution amendments, see Budget Process
  Changes after adoption, Secs. 38-44
  Clerk, instructions as to, Sec. 1
  ``Closed'' rule, effect of, Sec. 11
  Committee amendments, consideration of, Sec. 29
  Congressional Record, printing, in, Sec. 12
  Consideration in House of amendments reported from Committee of the 
      Whole--
    generally, Sec. 45
    amendments reported, kinds of, Sec. 45
    order of consideration, Sec. 45
    separate vote, demand for, Sec. 45
    voting, Sec. 45
  Consideration, order of, generally, Sec. 28
    voting sequence, Sec. 28
  Constitution, amendment of, vote on, see Voting
  Debate on, Sec. 35
  Degree of amendments, Sec. 14
    between Houses, Sec. 14
  Defined and distinguished, Sec. 1
  Division of, see Division of the Question for Voting
  Effect of special rule, Secs. 1, 11
  En bloc amendments, Secs. 17, 30
    consideration of, Sec. 45
  Expiration of time for debate, Sec. 26
    House practice, Sec. 26
    in Committee of the Whole, Sec. 26
  Explaining or opposing an amendment, Sec. 9
  Formal requisites, Sec. 1
  Forms, Secs. 1, 4, 7, 8
  ``King of the Mountain'' procedures, Sec. 30
    variations on, Sec. 30
  Modification of, Sec. 37
  Monetary figures, amendments pertaining to, Sec. 42
  Motions --
    to insert, Sec. 3
    to recommit with instructions, Sec. 47
    to rise, precedence of, Sec. 9
  Motions to strike, Secs. 5, 22
    effect of adoption of, Sec. 40
    rejection of, Sec. 44
    striking the enacting words, Sec. 5
    unfunded federal mandate, Sec. 49
  Motions to strike and insert, Sec. 4
    effect of, adoption of, Sec. 40
    precedence of, Sec. 23
  Numbering of, Sec. 27
  Offering of, Sec. 15
    -- in yielded time, Sec. 25
    -- recognition to offer, Sec. 20
  Order or sequence of, Secs. 1, 45
  Perfecting amendments--
    generally, Sec. 2
    consideration of, Sec. 31
    perfecting amendments as taking precedence, Sec. 21
    preference as between perfecting amendments, Sec. 31
    preference as between perfecting amendment and motion to strike, 
        Sec. 31
  Perfecting the original text, when permitted, Sec. 13
  Permissible pending amendments, Secs. 13, 14
  Points of order against amendments, Sec. 33
    debate on amendment, effect of, Sec. 33
    en bloc amendments, Sec. 30
    intervening business, effect of, Sec. 33
    reserving points of order, Sec. 33
    timeliness, Sec. 33
  Preambles, amendments to, Sec. 48
  Precedence generally, Sec. 9
  Previous question, effect of, Sec. 26
  Previous question, precedence of, Sec. 9
    effect of, on amendments, Sec. 26
  Pro forma amendments, Sec. 8
    degree of, Sec. 14
  Reading for amendment, Sec. 15

[[Page 911]]

  Reading of amendment, Sec. 27
    dispensing with reading, Sec. 27
    rereading amendments, Sec. 27
  Recognition to offer amendments--
    committee membership as basis for recognition, Sec. 20
    discretion of Chair, Sec. 20
    effect of parliamentary inquiries, Sec. 20
    necessity of recognition, Sec. 20
    priority of committee amendments, Sec. 20
  Record, amendments printed in, Sec. 12
  Rejection of, Sec. 45
  Reoffering substitute propositions, Sec. 24
  Special rules--
    binding effect in the Committee of the Whole, Sec. 11
    open and closed rules distinguished, Sec. 11
    order or sequence of consideration, Sec. 11
    self-executing, Sec. 11
    waiving points of order, Sec. 11
  Stages of amendment, Sec. 13
  Strike the enacting clause, motion to, precedence of, Sec. 9
  Substitute amendments, Secs. 6, 32
    amendments in the nature of a substitute, Secs. 7, 32
    when in order, Sec. 24
  Substitute for several paragraphs or entire bill, when in order, 
      Sec. 19
  Substitutes for amendments in the nature of a substitute, Sec. 24
  Substituting amendments, consideration of, Sec. 32
  Text not yet read, amendments to, Sec. 17
  Text passed in the reading, amendments to, Sec. 16
  Third degree, amendments in, Sec. 14
    amendments in the nature of a substitute, Sec. 14
    amendments while motion to strike pending, Sec. 14
    pro forma amendments, Sec. 14
  Titles, amendments to, Sec. 48
  Unanimous consent to change adopted amendment, Sec. 43
  Unfunded mandates, Sec. 49
  Voting on, Sec. 45
  When to offer amendment, Sec. 15
  Withdrawal of, Sec. 36
  Written or oral motions, Sec. 1

                                 APPEALS

    See also Motions; Points of Order
  Generally, Sec. 1
  Adjournment, effect of, Sec. 7
  Debate on, Sec. 4
  Decision of Chair, appeal from, Sec. 1
  Decisions not subject to, Sec. 3
  Divisibility of, see Division of the Question for Voting
  Forms, Sec. 1
  Motions relating to, Sec. 5
  Tabling of, see Lay on the Table
  Untimely, Sec. 3
  When in order, Sec. 2
  When not in order, Sec. 3
    during yeas and nays, Sec. 3
  Withdrawal of, Sec. 6

                             APPROPRIATIONS

    See also Budget Process; Committees; Germaneness; Veto of Bills
  Generally, Sec. 1
  Amendments to bills, not in order if --
    changing existing law, Sec. 28
    proposing unauthorized appropriation, Sec. 7
    proposing amendments changing existing law except as retrenchment, 
        Secs. 46, 49
    proposing limitations except as specified by Rule XXI clause 2(d), 
        Sec. 50
  Annual appropriations, Sec. 9
  Appropriation acts, types of, Sec. 3
  Appropriations in legislative bills--
    generally, Sec. 76

[[Page 912]]

    in private bills, Sec. 76
    in Senate bills or amendments between the Houses, Sec. 76
    points of order, Sec. 78
    waiving points of order, Sec. 78
    what constitutes, Sec. 77
  Authorization--
    burden of proof as to, Sec. 13
    ceilings, waiver of, Sec. 14
    compliance with condition, evidence of, Sec. 13
    court judgment, effect of, Sec. 12
    duration of, Sec. 11
    from permanent or generic law, Sec. 12
    from statutes or existing law, Sec. 12
    incidental expenses, Sec. 12
    increases in, Sec. 14
    necessity of, Sec. 10
    proof of, Sec. 13
    renewals, Sec. 11
    spending authority, Sec. 10
    sufficiency of, Sec. 12
    to precede appropriation, Sec. 10
    types of, Sec. 10
  Authorization for particular purposes or programs, Sec. 15
    agricultural programs, Sec. 16
    business and commerce, Sec. 17
    defense programs, Sec. 18
    District of Columbia, Sec. 19
    environmental programs, Sec. 20
    foreign affairs, Sec. 21
    legislative branch, Sec. 22
    public works, Sec. 24
    salaries and related benefits, Sec. 23
    works in progress, Secs. 25, 26
  Bills changing existing law--
    amendment or repeal, change by, Sec. 28
    burden of proof, Secs. 27, 42
    conditions imposing additional duties, Sec. 31
    conditions precedent, imposition of, Sec. 29
    conditions subsequent, imposition of, Sec. 29
    congressional action as condition, Sec. 30
    House rule against, Sec. 27
    incorporation by reference to existing law, Sec. 32
    language describing, construing, or referring to existing law, 
        Sec. 32
    legislation on an appropriation bill as, Sec. 27
    reporting to Congress as a condition, Sec. 30
    waivers, Sec. 28
  Budget process distinguished, Sec. 4
  Changing executive duties or authority as legislation--
    altering executive authority or discretion, Sec. 43
    approval or certification duties, Sec. 41
    burden of proof, Sec. 42
    duty to submit reports, Sec. 41
    earmarking funds as affecting executive discretion, Sec. 43
    granting contract authority, Sec. 45
    mandating studies or investigations, Sec. 44
    requiring duties or determinations, Sec. 41
    restricting contract authority, Sec. 45
  Committee jurisdiction and functions, Secs. 8, 39
    funding, Sec. 5
    legislative jurisdiction distinguished, Sec. 8
    tax or tariff proposal, Sec. 8
  Committee reports, Sec. 8
  Consideration and debate, Secs. 61-71
    generally, Sec. 61
    amendments, Sec. 63
    in Committee of the Whole, Sec. 61
    in the House, Sec. 63
    in the House as in the Committee of the Whole, Sec. 61
    layover requirements for, Sec. 62
    limitation amendments, Sec. 64
    perfecting amendments, Sec. 63

[[Page 913]]

    retrenchments, Sec. 64
  Consideration of nonprivileged measure, Sec. 75
    by special rule or unanimous consent, Sec. 75
    in House as in Committee of the Whole, Sec. 75
    under suspension, Sec. 75
  Constitutional background, Sec. 1
  Continuing appropriations, Sec. 72
  Definitions, Sec. 3
  Duration of appropriations, Sec. 9
  Estimates of appropriations, Sec. 8
  Funding or funding methods, changes in, as legislation--
    in general, Sec. 34
    affecting funds in other acts, Sec. 35
    changing allotment formulas, Sec. 34
    funds ``to be immediately available,'' Sec. 38
    funds ``to remain available until expended,'' Sec. 39
    making funds available prior to, or beyond, authorized period, 
        Sec. 38
    mandating expenditures, Sec. 34
    reimbursements of appropriated funds, Sec. 40
    rescissions or deferrals, Sec. 35
    transfer of funds, Sec. 36
    transfer of previously appropriated funds, Sec. 37
    trust funds, changes in, Sec. 35
  General and special appropriation bills distinguished, Sec. 3
  General appropriation bills--
    generally, Sec. 6
    development of, Sec. 6
    privilege of, Secs. 6, 61
    restrictions on, Sec. 7
    what constitutes, Sec. 6
  House and Senate roles, Sec. 2
  Legislation on an appropriation bill, particular propositions as--
    agriculture, provisions relating to, Sec. 33
    commerce, provisions relating to, Sec. 33
    District of Columbia, provisions relating to, Sec. 33
    foreign affairs, provisions relating to, Sec. 33
    housing and public works programs, provisions relating to, Sec. 33
  Legislation permitted to remain, Sec. 69
  Limitations on general appropriation bills--
    generally, Sec. 50
    affirmative direction distinguished, Sec. 54
    agency regulations, restrictions relating to, Sec. 52
    amendments proposing, offering of, Sec. 50
    amount appropriated, limitations on, Sec. 51
    application of state law, conditions relating to, Sec. 56
    burden of proof, Sec. 50
    ceilings on total expenditures, Sec. 51
    conditional limitations, Sec. 56
    determinations as to intent or motive, Sec. 54
    effect of information ``made known,'' Sec. 54
    exceptions to limitations, Sec. 57
    executive discretion, interference with, Sec. 52
    existing rules or policies, implementation of, Sec. 55
    funds in other acts, limitations on, Sec. 59
    imposing duties on nonfederal official, Sec. 54
    imposing executive duties, Sec. 54
    imposing ``incidental'' duties, Sec. 54
    ``not to exceed'' limitations, Sec. 51
    partial restrictions, Sec. 52
    particular uses, limitations on, Sec. 52
    policy changes, limitations effecting, Sec. 50

[[Page 914]]

    recipients of funds, limitations as to, Sec. 58
    requiring executive determinations, Sec. 54
    rule restricting amendments proposing limitations, Sec. 50
    spending ``floors,'' Sec. 51
    tax and tariff measures, limitations relating to, Sec. 50
  Line item veto, see Budget Process
  Multi-year appropriations, Sec. 9
  Nonprivileged appropriation measures, Secs. 72-75
  Perfecting amendments to, Sec. 63
  Permanent appropriations, Sec. 9
  Points of order, Sec. 65
    against amendments, Secs. 65, 66
    against paragraphs, Secs. 66, 67
    against particular provisions, Sec. 67
    against provisions of bill, Sec. 65
    language permitted to remain, amendment of, Sec. 69
    reserving points of order, Sec. 65
    timeliness of, Sec. 66
    unanimous consent, waiver by, Sec. 68
    waiver of, Sec. 68
  Power to originate appropriation bills, Sec. 2
  Privilege of general, bills, Sec. 3
  Reappropriations, Sec. 60
    authorization bills and reappropriations, Sec. 60
    point of order, provisions subject to, Sec. 60
    transfers distinguished, Sec. 60
  Reporting of, Sec. 61
    privilege of, Sec. 61
  Retrenchments--
    generally, Sec. 46
    expenditures, retrenchment of, Sec. 46
    floor consideration, Sec. 49
    germaneness requirements, Sec. 46
    limitations distinguished, Sec. 46
    reporting retrenchment provisions, Sec. 48
    who may offer, Sec. 49
  Senate amendments, consideration of, Sec. 70
    amending Senate amendments, Sec. 70
    amendments reported in disagreement, Sec. 70
    conference managers, authority of, Sec. 71
  Single agency, appropriations for, Sec. 74
  Supplemental appropriations, Sec. 72
  Tax or tariff proposals in, Sec. 8

                          ASSEMBLY OF CONGRESS

    See also Adjournment; Election of Members; Oaths; Officers
  Generally, Sec. 1
  Adopting rules, procedure prior to, Sec. 6
  Clerk, function of, Sec. 3
  Hour of meeting, Sec. 2
    adjournments to a different hour, Sec. 2
  Legislative business, taking up, Sec. 7
  Members-elect, status and rights of, Sec. 3
  Notices and messages, Sec. 3
  Old business, Sec. 7
  Organizational business --
    first session, Sec. 3
    second session, Sec. 4
  President's authority as to, Sec. 1
  Pro forma meetings, Sec. 1
  Rules, adoption of, Sec. 5
  Second session, convening for, Sec. 1
  Speaker, election of, Sec. 3

                          BILLS AND RESOLUTIONS

    See also Calendars; Consideration and Debate; Introduction and 
    Reference of Bills; Reading, Passage, and Enactment; Refer and 
    Recommit; Resolutions of Inquiry; Senate Bills and Amendments; 
    Special Rules; Veto of Bills; Voting
  Generally, Sec. 1
  Appropriation bills, see Appropriations
  Bills, types prohibited by rule, Sec. 1

[[Page 915]]

  Budget resolutions, see Budget Process
  Commemorative, Sec. 1
  Component parts, Sec. 3
  Concurrent resolutions, Sec. 1
  Drafting style, Sec. 3
  Enacting clauses, Sec. 3
  Form, Sec. 3
  Headings and subheadings, Sec. 3
  Illustration in, Sec. 3
  Joint resolutions, Sec. 1
  Page and line numbers, Sec. 3
  Passage of, see Reading, Passage, and Enactment
  Preambles, Sec. 5
  Private bills, Sec. 6
    amendments to, Sec. 9
    constitutionality, Sec. 6
    enactment procedure for, Sec. 8
    introduction and referral of, Sec. 8
    omnibus bills, Sec. 6
    what constitutes, Sec. 7
  Public and private bills distinguished, Sec. 2
  Public bill, what constitutes, Sec. 2
  Reading of, see Reading, Passage, and Enactment
  Reports on, see Committees
  Resolutions distinguished, Sec. 1
  Resolving clauses, Sec. 3
  Sections of, Sec. 3
  Sponsorship of, see Introduction and Reference of Bills
  Stages leading to passage, see Reading, Passage, and Enactment
  Titles in, Sec. 4
  Uses of private bills, Sec. 10
    claims by or against the government, Sec. 11
    immigration and naturalization cases, Sec. 12
    measures barred, Sec. 10
  Uses of public bills, Sec. 1

                             BUDGET PROCESS

    See also Appropriations; Committees; Voting
  Generally, Sec. 1
  Allocations to committees, Sec. 8
  Amendments to resolutions on, Sec. 5
    germaneness of, Sec. 5
    mathematical consistency of, Sec. 5
  Balanced Budget and Emergency Deficit Control Act of 1985, Sec. 1
  Budget and Accounting Act of 1921, Sec. 1
  Budget Enforcement Act of 1990, Sec. 1
  Committee jurisdiction over, Sec. 2
  Committee reports on, Sec. 2
  Conference reports on, debate on, Sec. 6
  Congressional Budget Act of 1974, Sec. 1
  Consideration of resolutions on, Sec. 4
  Cost estimates, Sec. 2
  Credit authority, Sec. 12
  ``Crosswalking,'' Sec. 8
  Deferrals, Sec. 17
    unreported deferrals, Sec. 17
  Deficit limits, Sec. 9
    modification or suspension of, Sec. 10
    sequestration procedure, Sec. 10
  Direct spending, Sec. 11
  Discretionary spending, Sec. 11
  Emergency spending, Sec. 8
  Enforcement procedures, Sec. 1
  Entitlement authority, Sec. 12
  Impoundments, Sec. 15
  Line item veto, Sec. 16
  Public debt limit, Sec. 14
  Reconciliation procedures as to, Sec. 7
  Rescissions, Sec. 16
    line item vetoes, Sec. 16
    under Impoundment Control Act, Sec. 16
  Resolutions on, Sec. 4
  Scorekeeping, Sec. 2
  Sequestration procedure, Sec. 10
  Social security funds, Sec. 13
  Special rules, use of, Sec. 1
  Spending and revenue levels, Sec. 8
    waivers of, Sec. 8
  Timetable for, Sec. 3
  Unfunded mandates, Sec. 18

                           CALENDAR WEDNESDAY

  Generally, Sec. 1

[[Page 916]]

  Amendments, consideration of, Sec. 8
  Business considered on, Sec. 2
  Call of committees, Sec. 5
  Calling up business, Sec. 6
  Committee authorization, Sec. 6
  Committee of the Whole, consideration in, Sec. 8
  Debate on, Sec. 8
  Dispensing with, Sec. 11
    by motion or special rule, Sec. 11
  Forms, Sec. 1
  House, consideration in, Sec. 8
  Morning hour distinguished, Sec. 1
  Postponements, Sec. 10
  Privilege and precedence of, Sec. 4
  Question of consideration, Sec. 7
  Unfinished business, consideration of, Sec. 10
  Use of, on additional or subsequent Wednesdays, Sec. 9

                                CALENDARS

    See also Introduction and Reference of Bills; Morning Hour; Order of 
    Business; Private Calendar
  Generally, Sec. 1
  Consent Calendar, abolished, Sec. 5
  Corrections Calendar, Sec. 5
  Discharge Calendar, Sec. 1
  Discharge from calendars, Sec. 4
  Erroneous referrals, Sec. 2
  House Calendar, Sec. 1
  Kinds of, Sec. 1
  Referrals to --
    of measures reported favorably, Sec. 2
    of measures reported improperly, Sec. 2
    of measures reported unfavorably, Sec. 2
  Union Calendar, Sec. 1

                      CHAMBER, ROOMS, AND GALLERIES

    See also Consideration and Debate; Quorums
  Generally, Sec. 1
  Admission to the floor, Sec. 2
    committee clerks, Sec. 2
    during secret sessions, Sec. 2
    effect of personal or pecuniary interest, Sec. 2
    staff members, Sec. 2
  Disorder in the Capitol, Sec. 1
  Galleries and corridors, Sec. 2
  Photographs, Sec. 5
  Radio and television coverage, Sec. 5
  Secret sessions, Sec. 2
  Signals, bells, and clocks, Sec. 3
  Speaker's control as to, Sec. 1
  Use of the Hall, Sec. 1

                               COMMITTEES

    See also Amendments; Appropriations; Budget Process; Conferences 
    Between the Houses; Discharging Measures From Committees; 
    Misconduct; Recognition; Refer and Recommit
  Ad hoc, Sec. 2
  Adverse or unfavorable reports by, Sec. 28
  Announcement of hearings, Sec. 19
  Authorization or approval of reports, Sec. 28
  Bills with amendments, reporting of, Sec. 28
  Calling up report, Sec. 34
  Chairman's duty to report, Sec. 28
  Chairman's role, Sec. 6
  Clean bills reported by, Sec. 28
  Closing hearings, Sec. 20
    evidence tending to defame or incriminate, effect of, Sec. 20
  Commissions, creation of, Sec. 2
  Commissions, use of, Sec. 1
  Committee of the Whole distinguished, Sec. 1
  Comparative prints in reports by, Sec. 30

[[Page 917]]

  Conference committees distinguished, Sec. 1
  Contempt procedure, see Contempt Power
  Cost estimates and oversight findings by, Sec. 29
  Criticism as to, see Consideration and Debate
  Debate in meetings of, Sec. 18
  Disclosure and disposition of records of, Sec. 16
  Duration of, Sec. 1
  Electing chairmen and members, Sec. 4
  Employees and staff, Sec. 7
  Evidence tending to defame or incriminate, effect of, Sec. 20
  Executive sessions, Sec. 20
  Expenses of, Sec. 3
  Filing reports, Sec. 33
  Hearings as open or closed, Sec. 20
  Hearings, types of, Sec. 19
  Housekeeping functions, select committees with, Sec. 12
  Inflationary impact statements by, Sec. 29
  Informal agreements between, Sec. 8
  Information obtained in executive session, use of, Sec. 16
  Interrogation of witnesses, Sec. 24
  Investigations by, obstruction of, Sec. 10
  Investigative jurisdiction of, Sec. 10
  Investigative select committees, Sec. 12
  Joint committees --
    establishing, Sec. 2
    jurisdiction and duties, Sec. 14
    use of, Sec. 14
  Layover requirements for reports, Sec. 35
  Legislative authority, select committees with, Sec. 12
  Legislative jurisdiction, Sec. 8
  Media coverage of, Sec. 27
  Meetings as open or closed, Sec. 17
  Meetings of, regular and additional, Sec. 17
  Members' right of access, Sec. 16
  Membership and seniority, Sec. 4
  Minority views, Sec. 32
  Motion practice in meetings of, Sec. 18
  Multiple or supplemental reports by, Sec. 28
  Numerical composition of, Sec. 5
  Oversight jurisdiction of, Sec. 9
  Party ratios on, Sec. 5
  Perjury charges by, Sec. 24
  Points of order --
    committee jurisdiction, Sec. 8
    committee report, point as to, Sec. 36
    procedural error, Sec. 15
    quorum failure, Sec. 23
    Ramseyer rule violation, Sec. 30
    timeliness of, Sec. 23
  Printing of reports, Sec. 31
  Privileged reports by, Sec. 34
  Procedural rules applicable to, Sec. 15
  Process, service of, see Questions of Privilege
  Proxy voting in, Sec. 18
  Quorum requirements for, Sec. 21
    rolling quorums, Sec. 22
    suspension of, Sec. 22
  Ramseyer rule, Sec. 30
  Recommittal of report by, Sec. 28
  Records, files, and transcripts of, Sec. 16
  Records of, disposition of, Sec. 16
  Referral of reports to calendars, Sec. 31
  Referrals and rereferrals to, Sec. 8
  Reporting bills with amendments, Sec. 28
  Reports of, Sec. 28
    form and contents of, Sec. 29
  Rights and privileges of witnesses, Sec. 25
    against self-incrimination, Sec. 25
  Role of, Sec. 1
  Salaries of, Sec. 3
  Select committees, Sec. 12
    establishing, Sec. 2
    particular uses of, Sec. 13
  Select or joint committees, investigative authority of, Sec. 10
  Size of, Sec. 5
  Special ad hoc committees, Sec. 2
  Special oversight, Sec. 9
  Standing committees, Sec. 11
    establishing, Sec. 2
    investigative authority of, Sec. 10
  Standing, select and joint, distinguished, Sec. 1
  Subcommittees, use of, Sec. 1

[[Page 918]]

  Summoning witnesses, Sec. 24
  Supplemental, minority, and additional views, Sec. 32
  Time to report, Sec. 34
  Transcripts of, reference in debate to, Sec. 16
  Voting in, Sec. 18
  Voting records in, Sec. 16
  Who may call up report, Sec. 34
  Withdrawal of report, Sec. 34
  Witnesses --
    appearances, Sec. 24
    fees, Sec. 24
    procedures, Sec. 25
    recalcitrant, proceedings against, Sec. 26
    written statements, use of, by witnesses, Sec. 24

                         COMMITTEES OF THE WHOLE

    See also Amendments; Appropriations; Calendars; Motions; Quorums
  Amendments offered in, Sec. 13
  Amendments requiring consideration in, Sec. 4
  Authority to originate measures, Sec. 2
  Bills considered in, Sec. 2
  Calling Members to order in, Sec. 16
  Chairmen of, Sec. 7
  Closing general debate in, Sec. 12
  Consideration in, Sec. 8
  Duties of Chairman, Sec. 7
  Enacting clauses, motions relating to, Sec. 22
    debate on, Sec. 24
    precedence of, Sec. 21
    repetition of, Sec. 22
    when in order, Sec. 23
    who may offer or oppose, Sec. 22
  First reading in, Sec. 10
  Five-minute rule, debate under, Sec. 13
  General debate in, Sec. 11
  Historical background of, Sec. 1
  Hour rule in, Sec. 11
  House action on reports of, Sec. 30
  House as in Committee of the Whole, Sec. 1
  Jurisdiction of, Sec. 2
  Limitations on authority of, Sec. 2
  Limitations on authority of Chairman, Sec. 8
  Mace, significance of, Sec. 1
  Matters requiring consideration in, Sec. 3
  Motions --
    not entertained in, Sec. 20
    permitted in, Sec. 20
    to amend, precedence of, Sec. 21
    to resolve into, Sec. 6
  Motions to rise, Sec. 26
    precedence of, Sec. 21
    pursuant to special rules, Sec. 25
    when in order, Sec. 27
    who may offer, Sec. 28
  Motions to rise and report, Sec. 26
  Points of order in, Sec. 18
  Presidential messages, referral to, Sec. 2
  Pro forma amendments in, Sec. 14
  Quorums in, Sec. 9
  Reading for amendment in, Sec. 13
  Recommending House action, Sec. 20
  Recommittal to, Sec. 30
  Referrals to, Sec. 22
  Relevancy of debate in, Sec. 15
  Reporting to the House, Sec. 29
  Resolving into, Sec. 5
    declaration by Speaker, Sec. 5
    when automatic, Sec. 5
  Rising of, Sec. 25
  Role and functions of, Sec. 1
  Special rules, effect of, Sec. 2
  Unfinished business in, Sec. 19
  Voting in, Sec. 17
  Withdrawal of motion in, Sec. 20
  Yielding time in, Sec. 11
    during five-minute debate, Sec. 13

                     CONFERENCES BETWEEN THE HOUSES

    See also Messages Between the Houses; Senate Bills and Amendments
  Amounts, differences as to, Sec. 9
  Appointment of managers, Sec. 6

[[Page 919]]

  Budget Act violations in reports of, Sec. 26
  Calling up report, Sec. 31
  Changing or adding managers, Sec. 8
  Committee members named to, Sec. 7
  Conference reports --
    amendments in disagreement, see Senate Bills and Amendments
    correction of errors in, Sec. 19
    form of, Sec. 17
    joint explanatory statements in, Sec. 17
    preparation and filing, Sec. 17
    signing and signatures, Sec. 18
  Custody of official papers of, Sec. 29
  Debate on reports of, Sec. 33
    division of, Sec. 33
    recognition for, Sec. 34
  Disposition of report, Sec. 36
    after rejection of report, Sec. 37
    where managers report in disagreement, Sec. 38
  En bloc consideration of reports of, Sec. 32
  Extending authority of managers, Sec. 9
  Instructions as binding, Sec. 16
  Instructions to managers, Sec. 11
    limitations on, Sec. 11
  Layover and availability requirements as to reports, Sec. 30
  Managers --
    appointment of, Sec. 6
    authority of, Sec. 9
    instruction of, Sec. 11
    number of, Sec. 6
    removal or resignation of, Sec. 8
    restrictions on instructions to, Sec. 11
  Meetings, Sec. 10
  Motion for, Sec. 3
    after failure of managers to report, Sec. 14
  Motions to instruct, Sec. 12
    amendments to, Sec. 13
    debate on, Sec. 13
    tabling of, Sec. 12
    withdrawal of, Sec. 12
  Motions to recommit, instructions in, Sec. 15
  Nongermane Senate matter in reports of, Sec. 23
  Number of managers, Sec. 6
  Numbers, differences as to, Sec. 9
  Open or closed meetings, Sec. 10
  Points of order against report of, Sec. 20
    waiver of, Sec. 28
  Points of order as to meeting irregularities, Sec. 10
  Power and discretion of managers, Sec. 9
  Purpose of, Sec. 1
  Questions sent to, Sec. 2
  Raising points of order against reports of, Sec. 27
  Reading of reports of, Sec. 31
  Recommittal of report of, Sec. 35
  Removal or resignation of managers, Sec. 8
  Reports exceeding authority of managers, Sec. 21
  Requests for, Sec. 4
  Senate appropriations in House bill, Sec. 24
  Senate legislation on House appropriations bills, in reports of, 
      Sec. 25
  Sending to, Sec. 3
  Special rules, effect of, on, Sec. 5
  Special rules waiving points of order, Sec. 28
  Stage of disagreement, as affecting, Sec. 4
  Time periods, differences as to, Sec. 9
  Unanimous-consent requests to seek conference, Sec. 4
  Voting in, Sec. 10
  When in order, Sec. 4

                    CONGRESSIONAL DISAPPROVAL ACTIONS

    See also District of Columbia Business; Veto of Bills
  Generally, Sec. 1
  Consideration of, in the House, Sec. 3
  Constitutionality of, Sec. 2

[[Page 920]]

    court decisions on, Sec. 2
  Home Rule Act, procedure under, Sec. 1
  Resolutions, use of, Sec. 2
  Statutes providing, Sec. 2

                          CONGRESSIONAL RECORD

    See also Committees; Journal
  Abuse of leave to print in, Sec. 5
  Control over, Sec. 1
  Correction of errors in, Sec. 4
  Deletions from, Sec. 3
  Expungement from, Sec. 5
  Extensions of remarks in, Sec. 5
    timeliness as to, Sec. 5
  Format, content and style, control of, Sec. 1
  Forms, Sec. 5
  Historical background as to, Sec. 1
  Limitations on insertions in, Sec. 5
  Matters printed in, Sec. 2
    amendments, printing of, see Amendments
  Objecting to extensions in, Sec. 5
  Remarks excluded from, Sec. 3
  Revision of remarks in, Sec. 5
  ``Substantially verbatim'' accounts in, Secs. 1, 2
  Timeliness of extensions in, Sec. 5

                        CONSIDERATION AND DEBATE

    See also Amendments; Appropriations; Conferences Between the Houses; 
    Division of the Question for Voting; Misconduct; Previous Question; 
    Question of Consideration; Recognition; Refer and Recommit; 
    Suspension of Rules
  Allocating or reserving time, Sec. 58
  Appeal, debate on, see Appeals
  Attire, decorum in, in debate, Sec. 21
  Badges, use of, Sec. 21
  Calendars, use of, Sec. 5
  Calls to order, Sec. 26
  Charging time, Sec. 59
  Closing debate in House, Sec. 49
  Committee, management by, Sec. 12
  Committee of the Whole --
    consideration in, Sec. 7
    disorder in, Sec. 27
    duration of debate in, Sec. 51
    yielding time in, Sec. 15
  Committees, criticism of, Sec. 34
  Control and distribution of time for, Secs. 10-14
  Corrections Calendar, use of, Sec. 5
  Decorum in debate --
    attire of Members, Sec. 21
    badges, wearing of, Sec. 21
    committees, criticism of, Sec. 34
    disorderly language, Sec. 22
    exhibits, use of, Secs. 21, 61
    falsehood or deception, charges of, Sec. 40
    gallery, references to, Sec. 24
    House, criticism of, Sec. 33
    intelligence, denigration of, Sec. 41
    legislative actions or proposals, criticism of, Sec. 36
    loyalty or patriotism, charges relating to, Sec. 43
    media, references to, Sec. 37
    Members, critical references to, Sec. 37
    profanity, Sec. 22
    race or racial prejudice, references to, Sec. 42
    sarcasm, use of, Sec. 38
    Senate, references to, Sec. 23
    Speaker, criticism of, Sec. 35
  Disciplinary actions for use of objectionable words, Sec. 31
  Discretion of Chair as affecting debate time in House, Sec. 44
  Disorder in, Secs. 21-32
  Disorderly language, Sec. 22
  Distribution and alternation in debate, Sec. 11
  Dividing debate, Sec. 14
  Enacting clause, striking of, Sec. 59

[[Page 921]]

  Executive officials, references to, Sec. 25
  Exhibits, use of, Secs. 21, 61
  Falsehood or deception, charges of, Sec. 40
  Five-minute rule --
    debate under, Sec. 54
    in the House as in Committee of the Whole, Sec. 47
    relevance under, Sec. 20
    yielding under, Sec. 16
  Forty-minute debate, Sec. 46
  Gallery, references to, Sec. 24
  General debate in Committee of the Whole, Sec. 52
  Hour rule for House debate, Sec. 45
  House as in Committee of the Whole, consideration in, Sec. 8
  House, criticism of, Sec. 33
  House, duration of debate in, Sec. 44
  Initiating debate, Sec. 1
  Intelligence, denigration of, Sec. 41
  Interruptions in, Sec. 17
  Legislative actions or proposals, criticism of, Sec. 36
  Limitations on debate, Sec. 9
  Limiting or closing general debate, Sec. 53
  Limiting or extending debate time in House, Sec. 48
  Limiting or extending five-minute debate, Secs. 55-57
  Loyalty or patriotism, charges relating to, Sec. 43
  Manager, role of, Sec. 10
  Managers, designation of, Sec. 13
  Media, references to, Sec. 24
  Members, critical references to, Sec. 37
  Morning hour debates, Sec. 50
  Motions --
    relating to secret sessions, Sec. 64
    to extend time of five-minute debate, Sec. 54
    to strike from Record, Sec. 31
    to strike the enacting clause, time for debate on, Sec. 59
  Motivations, references to, Sec. 39
  Nondebatable matters, Sec. 9
  One-minute speeches, Sec. 50
  Order of consideration, Sec. 2
  Oxford-style debates, Sec. 50
  Permission to proceed in order, Sec. 32
  Pro forma amendments, use of, Sec. 54
  Race or racial prejudice, references to, Sec. 42
  Reading papers, Sec. 60
  Relevancy in debate, Secs. 18-20
  Rescission or modification of five-minute debate limitation, Sec. 57
  Sarcasm, use of, Sec. 38
  Secrecy restrictions and guidelines, Sec. 65
  Secret sessions, Sec. 67
  Senate, references to, Sec. 23
  Speaker, criticism of, Sec. 35
  Speaking more than once, rule on, Sec. 54
  Special-order speeches, Sec. 50
  Special rules --
    effect of, as to time for, Sec. 14
    precluding amendments, Sec. 54
    use of, Sec. 3
  Surrendering control of time, Sec. 17
  Suspension of the rules, consideration under, Sec. 4
  Taking down words, Sec. 28
    Speaker's ruling, Sec. 31
    withdrawal or modification of, Sec. 30
    words read from papers, Sec. 28
  Ten-minute debate, Sec. 46
  Time limitations on, Secs. 9, 59
  Time remaining after Committee rises, Sec. 59
  Time used in maintaining order, Sec. 59
  Timekeeping, Sec. 44
  Twenty-minute debate, Sec. 46
  Unanimous consent, consideration by, Sec. 6
  Video recorders, use of, Sec. 61
  Vulgarity in, Sec. 22
  Words taken down, Sec. 28
  Yielding for amendment, Sec. 16
  Yielding time --
    during yielded time, Sec. 15
    yielding time for debate, Sec. 15

[[Page 922]]

    yielding time in five-minute debate, Sec. 54

                             CONTEMPT POWER

    See also Committees
  Generally, Sec. 1
  Executive privilege, claim of, Sec. 4
  Floor consideration of contempt citation, Sec. 2
  Pertinency requirement, Sec. 4
  Purging contempt, Sec. 5
  Speaker, duties relating to, Sec. 3
  Statutory contempt procedure, Sec. 2
  U.S. Attorney, certification to, Sec. 3

                  DELEGATES AND RESIDENT COMMISSIONERS

  Generally, Sec. 1
  Motions by, Sec. 2
  Powers of, in committees, Sec. 3
  Privileges of, in Committee of the Whole, Sec. 4
  Rights of, in the House, Sec. 2
  Seniority of, Sec. 3
  Voting by, Secs. 2, 3

                  DISCHARGING MEASURES FROM COMMITTEES

    See also Calendars; Committees
  Generally, Sec. 1
  Alternative methods of, Sec. 1
  Bills and resolutions, Sec. 3
  Calling up motion, Sec. 6
  Clerk's role in, Sec. 2
  Discharge rule, practice under --
    generally, Sec. 2
    application and use of motion to discharge, Sec. 2
    calling up and debating motion, Sec. 6
    consideration of discharged measure, Sec. 7
    Discharge Calendar, Sec. 2
    forms for, Sec. 7
    intervening motions, Sec. 6
    measure subject to discharge, Sec. 3
    privilege of motion, Sec. 4
    signatures required, Sec. 4
  Matters privileged under the Constitution, Sec. 8
  Measures subject to discharge, Sec. 3
  Motions to, Sec. 2
    privilege and precedence of, Sec. 5
    reoffering of, Sec. 2
  Reported bills, Sec. 3
  Resolutions of disapproval, Sec. 9
  Resolutions of inquiry, discharge of, see Resolutions of Inquiry
  Signatures published, Sec. 4
  Signatures required, Sec. 4
  Special orders, Sec. 3
  Timetable for, Sec. 3
  Vetoed bill, discharge of, see Veto of Bills

                      DISTRICT OF COLUMBIA BUSINESS

    See also Congressional Disapproval Actions
  Committee jurisdiction over, Sec. 2
  Congress, legislative power over, Sec. 1
  Consideration of, Sec. 4
  Constitutional background, Sec. 1
  Debate on, Sec. 5
  Disposition of, as unfinished business, Sec. 6
  Home Rule Act, procedure under, Sec. 7
  Private bills as, Sec. 4
  Privilege of, Sec. 3
  When in order, Sec. 2

                   DIVISION OF THE QUESTION FOR VOTING

    See also Voting
  Generally, Sec. 1
  Amendments, division of --
    perfecting amendments, Sec. 8
    substitute amendments, Sec. 8

[[Page 923]]

  Appeals, Sec. 4
  Bills and joint resolutions, Sec. 4
  Concurrent resolutions, Sec. 5
  Consideration of divided propositions --
    amendment and debate, Sec. 16
    putting the question, Sec. 16
  Demand for, Sec. 3
  En bloc amendments, Sec. 9
  Forms, Sec. 3
  Motions --
    to concur, Sec. 15
    to recommit, Sec. 13
    to strike, Sec. 10
    to strike and insert, Sec. 11
    to suspend the rules, Sec. 12
    to table, Sec. 14
  Particular propositions, division of, Secs. 4 et seq.
  Resolutions naming two or more individuals, Sec. 6
  Senate amendments, Sec. 15
  Simple resolutions, Sec. 5
  Special orders, Sec. 7
  Tests of divisibility, Sec. 2
  Voting on divided propositions, Sec. 16
  When in order, Sec. 3

                     ELECTION CONTESTS AND DISPUTES

  Consideration of, Sec. 4
  Debate on, Sec. 6
    participation in, Sec. 6
  Dismissal of, Sec. 5
  Federal Contested Elections Act, Sec. 1
  Investigation of, Sec. 1
  Jurisdiction over, Sec. 2
  Parties initiating, Sec. 3
  Precedence and privilege of, Sec. 4
  Recounts of votes, Sec. 2
  Resolutions and reports relating to, Sec. 4
  Voting on resolutions disposing of, Sec. 6

                           ELECTION OF MEMBERS

    See also Officers
  Generally, Sec. 1
  Apportionment and reapportionment of seats, Sec. 1
  Campaign practices, Sec. 2
  Certificates of election, Sec. 3
  Committee jurisdiction as to, Secs. 1, 2
  Credentials, Sec. 3
  Federal Election Commission, Sec. 2
  Filling vacancies, Sec. 4
  Fraud in, Sec. 1
  Investigations of, Sec. 2
  Resignations, Sec. 4
  Voiding of, Sec. 1

       ELECTORAL COUNTS--SELECTION OF PRESIDENT AND VICE PRESIDENT

  Generally, Sec. 1
  Certificates of electors, Sec. 3
  Contests, see Election Contests and Disputes
  Electoral votes, Sec. 1
    popular vote, relation to, Sec. 1
  Filling vice presidential vacancies, procedure for, Sec. 4
  Joint sessions for, Secs. 2, 3
  Objections as to, Sec. 3
  Presidential disabilities, Sec. 4

                        GERMANENESS OF AMENDMENTS

    See also Budget Process; Conferences Between the Houses
  Generally, Sec. 1
  Adoption of rules, effect of, Sec. 1
    germaneness requirement prior to, Sec. 1
  Amendments, germaneness rule as limited to, Sec. 1
  Amendments postponing effectiveness pending contingency, Sec. 26
  Amendments to pending amendments, Sec. 3
  Anticipatory rulings as to, Sec. 40

[[Page 924]]

  Appropriation bills, amendments to, Sec. 13
  Conditions or qualifications imposed by amendments, Sec. 22
  Conference reports, relationship of germaneness rule to, Sec. 34
  Definitions of, Sec. 2
  Evolution of rule as to, Sec. 1
  Exceptions or exemptions imposed by amendments, Sec. 21
  Existing law, amendments relating to --
    bills amending existing law, Sec. 27
    bills continuing or extending existing laws, Sec. 30
    bills incorporating other law, Sec. 29
    bills not changing law, Sec. 31
    bills repealing existing law, Sec. 28
  Factors considered in determining, Sec. 2
    entire bill, Sec. 3
  Hypothetical rulings as to, Sec. 40
  Motions --
    to concur with an amendment, Sec. 35
    to instruct conferees, Sec. 33
    to recede and concur with an amendment, Sec. 35
    to strike, effect of pendency of, Sec. 3
  Particular forms of amendment, Sec. 14
    adding new section or title, Sec. 16
    amendments to particular portion of bill, Sec. 15
    committee amendments, Sec. 19
    instructions to committees, Sec. 20
    recommittals, Sec. 20
    striking out and inserting, Sec. 17
    striking out text, Sec. 17
    substitute amendments, Sec. 18
  Points of order raising question of, Sec. 36
    burden of proof as to, Sec. 36
    debate on, Sec. 39
    failure to raise, effect of, Sec. 37
    special rule, effect of, Sec. 37
    timeliness of, Sec. 38
    waiver of, Sec. 37
  Prior amendments, effect of, Sec. 3
  Recommittal motions, amendments to, Sec. 20
  Restrictions or limitations imposed by amendments, Sec. 23
    application of germaneness rule to, Sec. 23
    limitations on discretionary powers, Sec. 24
    restrictions on use of funds, Sec. 24
  Senate amendments, amendment to, Sec. 35
  Senate amendments in disagreement, Sec. 34
  Senate germaneness rules, Sec. 32
  Senate provisions in conference reports, Sec. 34
  Tests of germaneness generally, Sec. 4
    class of subject matter as, Sec. 5
    committee jurisdiction as, Sec. 6
    fundamental purpose as, Sec. 7
    individuality of proposition as, Secs. 9, 11
    scope of proposition as, Sec. 10

                               IMPEACHMENT

    See also Misconduct
  Generally, Sec. 1
  Adjournment, effect of, on proceedings, Sec. 5
  Civil officer, removal by, Secs. 2, 3
  Committee investigations of, Sec. 7
    access to, Sec. 7
    confidentiality of, Sec. 7
  Consideration of, Sec. 8
  Debate on, Sec. 8
  Grounds for, Sec. 3
  House and Senate functions as to, Sec. 1
  House, procedure in, Secs. 6-8
  Impeachable misconduct--
    abusing or exceeding powers of office, Sec. 4
    behavior incompatible with office, Sec. 4
    using office for an improper purpose, Sec. 4
  Initiation of charges, Sec. 6
  Judge, impeachment of, Sec. 3

[[Page 925]]

  Noncriminal misconduct as grounds for, Sec. 4
  President, impeachment of, Sec. 3
  Privilege of propositions relating to, Sec. 8
  Referral to committee, Sec. 6
  Resignation, effect of, Sec. 2
  Senate procedure for, Secs. 9, 10
  Subcommittee investigations, Sec. 7
  Voting on, Sec. 8
  Who may be impeached, Sec. 2

                   INTRODUCTION AND REFERENCE OF BILLS

    See also Calendars; Committees; Refer and Recommit
  Bills and resolutions --
    introduced ``by request,'' Sec. 1
    introduction of, procedure for, Sec. 1
    referrals of, to Calendars, Sec. 2
    reported with amendments, referral of, Sec. 5
  Committee of primary jurisdiction, Sec. 4
  Cosponsorship of bills, Sec. 1
  Divided referrals, Sec. 4
  Endorsements and signatures, Sec. 1
  Erroneously referred bills, Sec. 2
  Matters subject to referral generally, Sec. 6
  Petitions and memorials, introduction of, Sec. 1
  Private bills, referral of, Sec. 3
  Reference procedure, Sec. 2
  Referrals, kinds of, Sec. 4
  Senate amendments to House bills, Sec. 6
  Senate bills and messages, Sec. 6
  Sequential referrals, Sec. 4
  Special and ad hoc committees, referrals to, Sec. 8
  Split referrals, Sec. 4
  Sponsorship of bills, Sec. 1
  Time limitations on referred bills, Sec. 7
    extensions of time, Sec. 7

                                 JOURNAL

    See also Congressional Record
  Generally, Sec. 1
  Amendments to, Sec. 9
  Approval of, Sec. 4
    interruptions pending approval, Sec. 5
  Certified copies of, use of, Sec. 1
  Corrections of, Sec. 9
  Exclusions from, Sec. 2
  House proceedings, official record of, Sec. 1
  Inclusions in, Sec. 2
  Matters entered in, Sec. 2
  Motions that the Journal be read, Sec. 6
  Motions to approve, Sec. 8
  Precedence of approval of, Sec. 5
  Publication of, Sec. 1
  Reading of, Sec. 4
    reading practices, Sec. 7
  Votes and quorum calls recorded in, Sec. 3

                            LAY ON THE TABLE

    See also Motions; Postponement; Question of Consideration; Refer and 
    Recommit
  Generally, Sec. 1
  Bills and resolutions, application to, Sec. 4
  Collateral matters carried to the table --
    bills and other propositions, Sec. 7
    motions, Sec. 7
  Conference reports, tabling of, Sec. 4
  Effect of, Sec. 1
  Motion to, Secs. 1, 6
    debate on, Sec. 6
    disposition of, Sec. 6
    form of, Sec. 6
  Particular motions, tabling of, Sec. 5
  Precedence of, Sec. 3
  Previous question compared, Sec. 3
  Reconsideration of, Sec. 8
  Secondary motions, application to, Sec. 5
  Taking from the table, Sec. 8
  When in order, Sec. 2

                       MESSAGES BETWEEN THE HOUSES

    See also Adjournment; Conferences Between the Houses; Senate Bills 
    and Amendments
  Generally, Sec. 1

[[Page 926]]

  Bills, messages relating to, Sec. 3
  Duplicates of, Sec. 4
  Errors in, Sec. 4
  Official papers, conveyance by, Sec. 1
  Privilege of, Sec. 1
  Reception of, Sec. 2
  Return of bill, requests for, Sec. 3
  Uses of, Sec. 1

                               MISCONDUCT

    See also Impeachment
  Generally, Sec. 1
  Campaign fund irregularities, Sec. 12
  Censure, Sec. 22
    grounds for, Sec. 23
  Code of Ethics for Government Service, Sec. 8
  Code of Official Conduct, Sec. 7
  Complaint formalities, Sec. 5
  Contributions from government employees, solicitation of, Sec. 13
    ``Dear Colleague'' letters, Sec. 13
  Conviction as basis for committee action, Sec. 9
  Definitions and distinctions, Sec. 1
  Deprivation of seniority, Sec. 26
    caucus rules, Sec. 26
    step-aside rules, Sec. 26
  Disciplinary measures, kinds of, Sec. 19
    debate on, Sec. 19
  Disclosure as to, Sec. 5
  Discredit on the House, conduct reflecting, Sec. 7
  Discrimination in employment, Sec. 1
  Disorder in debate, see Consideration and Debate
  Earned income, limitations on, Sec. 14
  Effect of apologies or explanations, Sec. 24
  Exclusion distinguished, Sec. 1
  Expulsion, Sec. 20
    debate on, Sec. 21
    form of, Sec. 21
    procedure for, Sec. 21
    resolutions of, Sec. 21
    right of Member to be heard as to, Sec. 21
  False charges, Sec. 5
  False claims, Sec. 10
    travel vouchers, Sec. 10
  Financial disclosure, Sec. 16
  Fines, Sec. 25
  Gifts, acceptance of, Sec. 15
  Hiring allowance, misuse of, Sec. 10
  Honoraria, Sec. 14
  Initiating an investigation, Sec. 5
  Judicial proceedings, pendency of, Sec. 19
  Persons subject to disciplinary procedures, Sec. 6
  Prior Congress, acts committed in, Sec. 18
  Professional practice restrictions, Sec. 17
  Punishment, types of --
    censure, Sec. 22
    expulsion, Sec. 20
    fines, Sec. 25
    party discipline, Sec. 26
    reprimand, Sec. 22
  Reprimand, Sec. 22
  Reproval, letter of, Sec. 19
  Resignation, effect of, Sec. 19
  Resolutions and reports on, Sec. 19
  Resolutions of censure, Sec. 24
    debate on, Sec. 24
  Restitution of funds, Sec. 25
  Standards Committee --
    functions of, Sec. 2
    investigative jurisdiction, Sec. 2
    legislative jurisdiction, Sec. 2
    publications of, Sec. 4
    reports of, Sec. 2
    service on, Sec. 3
  Violations of statutes, Sec. 9

                              MORNING HOUR

    See also Calendar Wednesday; Order of Business
  Generally, Sec. 1
    morning hour speeches, see Consideration and Debate
  Business considered during, Sec. 2
  Calendar Wednesday distinguished, Sec. 1
  Committee authorization to call up bill under, Sec. 2

[[Page 927]]

  Duration of, Sec. 3
  Order of, Sec. 1
  Place in order of business, Sec. 1
  Precedence of, Sec. 1
  Procedure in, Sec. 2
  Rare use of, Sec. 1
  Termination of, Sec. 3
    by motions to go into Committee of the Whole, Sec. 3

                                 MOTIONS

    See also Adjournment; Lay on the Table; Postponement; Previous 
    Question; Recess; Reconsideration; Refer and Recommit; Senate Bills 
    and Amendments; Suspension of Rules
  Generally, Sec. 1
  Amend, motion to, see Amendments
  Committee of the Whole, motions in, see Committee of the Whole
  Dilatory motions, Sec. 4
  Discharge, motion to, see Discharging Measures From Committees
  Form of, Sec. 1
  Journal, motion to read, see Journal
  Modification of motion, Sec. 5
  Precedence of, Sec. 3
  Quorum, absence of, motions in order, see Quorums
  Reading of, Sec. 1
  Recognition for, Sec. 3
  Reoffering of, Sec. 5
  Withdrawal of, Sec. 5

                                  OATHS

    See also Order of Business
  Generally, Sec. 1
  Absent Members and the oath, Sec. 2
  Administration of, Sec. 1
  Authorization of, by resolution, Sec. 1
  Challenging the right to be sworn, Sec. 3
  Credentials as basis for, Sec. 1
  Failure or refusal to take, procedure for, Sec. 1
  Officers, oath by, see Officers
  Precedence of, Sec. 1
  Secrecy, oath of, see Consideration and Debate
  Use of deputies to administer, Sec. 2

                                OFFICERS

  Generally, Sec. 1
  Appointed officers, Sec. 1
  Chaplain, Sec. 9
  Chief Administrative Officer, Secs. 1, 9
  Clerk, Sec. 9
  Elections of, Sec. 1
  House Officers, Sec. 1
  Impeachment of civil officers, see Impeachment
  Oaths by, Sec. 1
  Removal from office, Sec. 2
  Resignation by, Sec. 10
  Sergeant at Arms, Sec. 9
  Speaker, Sec. 3
    election of, Sec. 1
    jurisdiction and duties of, Sec. 4
    participation in debate by, Sec. 5
    rulings of, Sec. 4
    voting by, Sec. 5
  Speaker pro tempore --
    appointment or election of, Sec. 6
    designation of, Sec. 7
    powers and functions of, Sec. 7
    term of office of, Sec. 8
    who may serve, Sec. 6
  Vacancies in, Sec. 10
  Vice President, filling vacancy in office of, see Electoral Counts

                            ORDER OF BUSINESS

    See also Appropriations; Conferences Between the Houses; Calendars; 
    Questions of Privilege; Quorums; Resolutions of Inquiry; Suspension 
    of Rules; Veto of Bills
  Generally, Secs. 1-3
  Business privileged by House rule, Sec. 5
  Business privileged under the Constitution, Sec. 4

[[Page 928]]

  Daily order of, Secs. 1-3
  Daily practice as to, Sec. 3
  Morning hour speeches, Sec. 3
  One-minute speeches, Sec. 3
  Privilege of particular business, Sec. 6
    privileged motions, Sec. 7
  Procedures affecting, Sec. 1
  Scheduling business, Sec. 1
  Sequence of particular business, Sec. 2
  Special-order speeches, Sec. 3
  Special rules as to, Sec. 1
  Unfinished business, order of, see Unfinished Business
  Varying the order of, Sec. 1

                         PARLIAMENTARY INQUIRIES

    See also Consideration and Debate
  Generally, Sec. 13
  Inquiries raised during votes, Sec. 15
  Recognition for, Sec. 13
  Relation to other business, Sec. 16
  Subjects of inquiry, Sec. 14
    amendments, Sec. 14
    House orders, Sec. 14
  Timeliness of, Sec. 15

                             POINTS OF ORDER

    See also Amendments; Appropriations; Budget Process; Conferences 
    Between the Houses; Consideration and Debate; Germaneness of 
    Amendments; Quorums; Suspension of Rules
  Generally, Sec. 1
  Appeals from rulings on, Sec. 12
  Basis for, Sec. 7
  Burden of proof as to, Sec. 9
  Debate on, Sec. 9
    Chair's control of, Sec. 9
  Effect of sustaining, Sec. 1
  Grounds for raising, Sec. 7
  Multiple points of order, Sec. 1
  Prior rulings, consideration of, Sec. 2
  Recognition for, Sec. 9
  Relation to other business, Sec. 8
  Reservation of, Sec. 3
    withdrawal of, Sec. 3
  Reversal of ruling on, by Chair, Sec. 2
  Role of the Chair in ruling on, Sec. 2
  Time to raise, Sec. 4
    against amendments, Sec. 6
    against bills and resolutions, Sec. 5
    intervening amendments, effect of, Sec. 4
    intervening debate, effect of, Sec. 4
  Waiver of, Sec. 10
  Withdrawal of, Sec. 11

                              POSTPONEMENT

    See also Motions; Question of Consideration; Recess; Refer and 
    Recommit; Unfinished Business
  Generally, Sec. 1
  Committee of the Whole, postponement in, Sec. 1
  Day certain postponement, motion for, Sec. 2
    amendment of, Sec. 5
    application to particular propositions, Sec. 4
    debate on, Sec. 5
    effect of, Sec. 2
    forms, Sec. 2
    motion to table, application to, Sec. 2
    precedence of, Sec. 3
    voting on, Sec. 2
  Indefinite postponement, motion for, Sec. 6
    amendment of, Sec. 8
    application to particular propositions, Secs. 6, 7
    debate on, Sec. 8
    effect of, Sec. 6
    precedence of, Sec. 7
  Procedures for, Sec. 1
  Speaker's authority as to, Sec. 1
  Votes, postponement of, see Voting

[[Page 929]]

                      PREVIOUS QUESTION, MOTION FOR

    See also Lay on the Table; Motions; Special Rules; Voting
  Generally, Sec. 1
  Adjournment, precedence as to, Sec. 6
  Adjournment when pending, effect of, Sec. 17
  Adoption of, effect of, Sec. 10
  Amendments precluded by, Sec. 12
  Application to particular propositions, Sec. 7
  Consideration and disposition of, Sec. 8
  Debate on, Sec. 8
  Debate precluded by, Secs. 10, 11
  Demand for, effect of, Sec. 10
  Effect of, Sec. 9
    as precluding further consideration, Sec. 9
    as precluding other motions, Sec. 9
  Form of, Sec. 2
  Forty-minute debate, when permitted, Sec. 11
  Historical background of, Sec. 1
  Intervention of other matters, Sec. 5
  Lay on the table, takes precedence of, Sec. 6
  Motions to amend as yielding to, Sec. 6
  Offering of, Sec. 2
  Precedence of, Sec. 5
    over other motions, Sec. 6
  Proponent of amendment, motion by, Sec. 4
  Purpose of, Sec. 1
  Quorum requirements for, Sec. 3
  Recommit, motion for, pending, Sec. 13
  Reconsideration of vote on, Sec. 14
  Referral or recommittal, effect of, Sec. 6
  Rejection of, effect of, Sec. 15
    as affecting recognition, Sec. 16
  Renewal of, Sec. 8
  Scope of, Sec. 7
  Senate amendments, subject to, Sec. 7
  Senate practice distinguished, Sec. 1
  Special rule ordering, effect of, Sec. 10
  Suspension of the rules after, Sec. 6
  Titles and preambles, subject to, Sec. 7
  Vacating ordering of, Sec. 8
  Voting on, Sec. 8
  When in order, Sec. 3
  Who may offer, Sec. 4
  Withdrawal of, Sec. 8
  Yielding, effect of, Sec. 4

                            PRIVATE CALENDAR

    See also Calendars
  Generally, Sec. 1
  Amendments to bill on, Sec. 5
  Calling the calendar, Sec. 2
  Calling up from, forms for, Secs. 4, 5
  Consideration of bills on, Sec. 5
    debate on, Sec. 5
  House-Senate action on bills passed on, Sec. 8
  Measures eligible for, Sec. 1
  Motions to strike the enacting clause of bill on, Sec. 5
  Objections to bills on, Sec. 4
  Omnibus bills, Sec. 6
  Passing over calendared measures, Sec. 5
  Private bills, see Bills and Resolutions
  Purpose of, Sec. 1
  Referrals to, Sec. 1
  Screening procedures, Sec. 4
  Unfinished bills, disposition of, Sec. 7
  Waiving or dispensing with, Sec. 3
  When in order, Sec. 2

                        QUESTION OF CONSIDERATION

    See also Consideration and Debate; Lay on the Table; Order of 
    Business; Reconsideration
  Generally, Sec. 1
  Conditions of raising, Sec. 1
  Form of, Sec. 1
  Points of order related to, Sec. 1
  Propositions not subject to the question, Sec. 3
  Propositions subject to the question, Sec. 2
  Purpose and effect of, Sec. 1
  Raising question of, Sec. 1

[[Page 930]]

  Unfunded mandates and the question of consideration, Sec. 4
  Voting on, Sec. 1
  When in order, Sec. 1

                         QUESTIONS OF PRIVILEGE

    See also Order of Business
  Generally, Sec. 1
  Appeal from ruling as to, Sec. 16
  Basis of, Sec. 3
    personal privilege, Sec. 18
    privilege of House, Sec. 3
  Charges by a fellow Member, Sec. 19
  Charges in the press, Sec. 20
  Consideration of, Secs. 16, 21
    Speaker's postponement of, Sec. 1
  Contempt proceedings as, Sec. 5
  Correcting the Record as, Sec. 7
  Criticism of committee activities, Sec. 20
  Criticism of Members collectively, Sec. 18
  Debate on, Secs. 17, 22
  Definitions and distinctions, Sec. 1
    personal privilege, Sec. 18
  Disciplinary action against Member as, see Misconduct
  Disclosure of executive session materials as, Sec. 14
  Disorderly words, procedure as to, see Consideration and Debate
  Elements of, Sec. 3
  Executive privilege, see Contempt Power
  House jurisdiction and powers, issues as to, Sec. 5
  House rules or orders, changes in, Sec. 3
  Illegality or impropriety, charges of, Secs. 4, 20
    involving House officers or employees, Sec. 4
    involving Members, Secs. 4, 19
  Impeachment as, see Impeachment
  Impugning veracity, charge of, Sec. 20
  Integrity of the legislative process as basis for, Sec. 3
  Intervention in judicial proceedings as, Sec. 6
  Legal counsel, providing for, Sec. 15
  Members, privilege of, from arrest, Sec. 1
  Organization of House as, Sec. 3
  Personal privilege, basis of, Sec. 18
    charges in the press, Sec. 20
    veracity, charges against, Sec. 20
  Precedence of, Sec. 2
    over the previous question, Sec. 2
  Privilege of House, Sec. 3
  Privileged questions distinguished, Sec. 1
  Recognition for, under the hour rule, Sec. 17
  Resolutions raising, Sec. 16
  Resolutions relating to response to subpena, Secs. 12, 13
  Safety and dignity of House as, Sec. 3
  Service of process as --
    compliance with, Sec. 11
    on committee chairmen and employees, Sec. 10
    on House officers or employees, Sec. 9
    on Members, Sec. 8
  Speech and debate, privilege of, Sec. 1
  Unfinished business, as, Sec. 2
  What constitutes, Sec. 3

                                 QUORUMS

    See also Committees; Voting
  Generally, Sec. 1
  Absent Members, call of, Sec. 13
  Adjourn, motion to, during call, Sec. 18
  Automatic calls, Sec. 14
  Business precluded by quorum failure, Sec. 3
  Business requiring a quorum, Sec. 3
  Calling for a quorum, Sec. 11
    in Committee of the Whole, Sec. 17
  Committee of the Whole, Sec. 17
  Constitutional requirements, Sec. 1
  Counting to determine a quorum, Sec. 5
  Dispensing with further proceedings, Sec. 20
  Electronic equipment, use of, Sec. 15
  Forms used in securing attendance, Sec. 19
  Mandated calls, Sec. 14

[[Page 931]]

  Motion for a call, Sec. 12
  Motions in order during a call, Sec. 18
  Motions requiring a quorum, Sec. 4
  Names recorded on a call, Sec. 16
  Notice quorum calls, Sec. 17
  Objections to vote taken in absence of quorum, Sec. 7
    in Committee of the Whole, Sec. 7
  Points of order of no quorum, Sec. 6
    in Committee of the Whole, Sec. 6
  Presumptions as to the presence of, Sec. 1
    Previous question, motion for, see Previous Question
  Reports as to absentees, Sec. 17
  Securing attendance, Sec. 19
  Timeliness and diligence in raising objections as to, Secs. 8, 9
    determination by the Speaker, Sec. 9
    effect of intervening business, Sec. 9
  What constitutes --
    in Committee of the Whole, Sec. 2
    in committees, see Committees
    in House, Sec. 2
    in House, as in Committee of the Whole, Sec. 2
  Withdrawal of point of order as to, Sec. 10

                     READING, PASSAGE, AND ENACTMENT

    See also Amendments; Appeals; Bills and Resolutions; Budget Process; 
    Calendars; Previous Question; Reconsideration; Refer and Recommit; 
    Veto of Bills
  Generally, Secs. 1, 2
  Approval and certification of enrolled bills, Sec. 11
  Authorizing corrections in enrollment, Sec. 12
  Correcting errors in engrossment, Sec. 7
  Correcting printing errors, Sec. 8
  Corrections in enrollment, Sec. 12
  Delivery of measures to the President, Sec. 13
  Demanding a reading in full, Sec. 4
  Dispensing with readings, Sec. 4
  Enrollment of bills, Sec. 10
  First reading, Sec. 3
  House-passed bills, engrossment of, Sec. 6
  Interruption of reading, Sec. 4
  Kinds of propositions to be read, Sec. 4
  Resolutions providing corrections, Sec. 12
  Second reading, Sec. 4
  Signing of enrollments, Sec. 11
  Third reading, Sec. 5
  Transmittal of bills between the Houses, Sec. 9

                                 RECESS

    See also Adjournment; Unfinished Business
  Generally, Sec. 1
  Adjournment distinguished, see Adjournment
  August recess, see Adjournment
  Duration of, Sec. 3
  House authorization for, Sec. 2
  Motions to authorize, Sec. 2
  Purpose of, Sec. 4
  Quorum requirements for vote on, Sec. 2
  Speaker's discretion as to, Sec. 1

                               RECOGNITION

    See also Amendments; Appropriations; Budget Process; Consideration 
    and Debate; Suspension of Rules
  Generally, Sec. 1
  Alternation in recognition, Sec. 4
  Appeal on question of, Sec. 2
  Bills called up by unanimous consent, Sec. 10
  Bills called up in the House, Sec. 10
  Calling up reports from conference, Sec. 16
  Closing debate on amendments, recognition for, Sec. 9
  Committee chairmen, priority in, Sec. 6
  Discharged bills, Sec. 10
  Discretion of Chair in, Sec. 2
    limitations on, Sec. 3
  Effect of failure to seek, Sec. 6

[[Page 932]]

  Five-minute rule, recognition under, Sec. 14
    priority of committee members, Sec. 14
  Form in seeking, Sec. 1
  General debate, recognition for, Sec. 8
  House-Senate conferences, recognition as to, Sec. 16
    to instruct conferees, Sec. 16
    to seek a conference, Sec. 16
  Interrupt a Member, recognition to, Sec. 1
  Limited five-minute debate, recognition in, Sec. 15
  Motions, recognition for, Sec. 11
    opposition after rejection of motion, Sec. 12
  Opening and closing debate, Sec. 8
  Particular questions, recognition on, Secs. 10 et seq.
  Priorities in, Sec. 5
    of committee members, Sec. 6
  Right of Member in control, to, Sec. 7
  Seeking recognition, Sec. 1
    duty to rise and remain standing, Sec. 1
  Speaker's power of, Sec. 2
  Special rules, recognition to call up or debate, Sec. 13

                             RECONSIDERATION

    See also Motions; Veto of Bills
  Generally, Sec. 1
  Committee of the Whole, in, Sec. 1
  Debate on, Sec. 11
  Effect of motion for, Sec. 3
  Entering motion, Sec. 1
    calling up motion, Sec. 8
  Forms, Sec. 7
  Particular propositions, application to, Sec. 12
    amendments between the Houses, Sec. 15
    bills and resolutions, Sec. 14
    House orders, Sec. 12
    measures sent to the Senate or the President, Sec. 16
    motions and requests, Sec. 13
    referrals, Sec. 12
  Precedence and privilege of motion, Sec. 9
  Pro forma, Sec. 2
  Quorum requirements, Sec. 10
  Repetition of motion, Sec. 3
  Standing committees, in, Sec. 6
  Voting on, Sec. 11
  When motion is in order, Sec. 5
  When to call up motion, Sec. 8
  Who may offer motion for, Sec. 4
  Withdrawal of motion, Sec. 11

                           REFER AND RECOMMIT

    See also Committees; Conferences Between the Houses; Introduction 
    and Reference of Bills; Motions; Reconsideration
  Generally, Sec. 1
    variants of motion, Sec. 1
  Conference reports, see Conferences Between the Houses
  Effect of, Sec. 1
  Final passage, motion to recommit pending, Sec. 12
    amendments to, Sec. 13
    debate on, Sec. 15
    effect of special rules, Sec. 16
    recognition for, Sec. 13
    repetition of, Sec. 13
    when in order, Sec. 13
    who may offer, Sec. 13
  Forms, Sec. 2
  In Committee of the Whole, Sec. 4
  Instructions in motions to, Sec. 17
    amendments to, Sec. 17
    dividing the question on, Sec. 19
    points of order as to, Sec. 20
    to report ``forthwith,'' Sec. 18
  Motion to strike enacting clause, referral pending, Sec. 8
  Particular committees, referral to, Sec. 3
  Previous question, motion to refer pending or after, Sec. 9
    amendments to, Sec. 9
    application of, Sec. 10
    debate on, Sec. 12

[[Page 933]]

    instructions with, Sec. 9
    when in order, Sec. 9
    who may offer, Sec. 11
  Refer, simple motion to, Secs. 5-7
    application of, Sec. 5
    debate on, Sec. 7
    precedence of, Sec. 6
    when to offer, Sec. 5

                         RESOLUTIONS OF INQUIRY

    See also Bills and Resolutions
  Generally, Sec. 1
  Calling up, Sec. 5
  Committee functions as to, Sec. 4
  Debate on, Sec. 5
  Discharge of, Sec. 4
  Effect of adjournment on, Sec. 5
  Executive branch responses, Sec. 6
  Form of, Sec. 1
  Nature and purpose of, Sec. 1
  Privilege of, Sec. 6
    resolutions calling for facts, Sec. 6
    resolutions calling for opinions or investigations, Sec. 6
  Referrals and reports, Sec. 4
  Subjects of inquiry, Sec. 3
  Tabling of, Sec. 5
  Three-day availability requirement, Sec. 5
  To whom directed, Sec. 2

                    RULES AND PRECEDENTS OF THE HOUSE

    See also Appeals; Points of Order; Special Rules; Suspension of 
    Rules
  Generally, Sec. 1
  Adoption of rules, Sec. 1
    procedures before adoption of rules, see Assembly of Congress
  Binding effect of, Sec. 2
  Changing or waiving rules --
    by resolution, Sec. 4
    by special order, Sec. 4
    by unanimous consent, Sec. 4
  Construction of, Sec. 3
  Custom, rules based on, Sec. 1
  Publication of, Sec. 1
  Statutory rules, Sec. 1

                       SENATE BILLS AND AMENDMENTS

    See also Bills and Resolutions; Budget Process; Conferences Between 
    the Houses; Messages Between the Houses
  Generally, Sec. 1
  Amending House amendment to Senate measure, Sec. 29
  Degree of amendment between Houses, Sec. 27
  House amendment to Senate measure, Sec. 27
    degree of, Sec. 27
    germaneness of, Sec. 28
  Nongermane Senate provisions, disposition of, Sec. 26
  Senate amendments --
    amendments requiring consideration in Committee of the Whole, Sec. 9
    Committee of the Whole, consideration of Senate amendments in, 
        Sec. 10
    Committees, referral of Senate amendment to, Sec. 7
    House, consideration in, Secs. 8, 10
  Senate amendments, disposition of --
    prior to disagreement, Sec. 15
    sending to conference, Sec. 14
    special rules authorizing disposition of, Sec. 11
    self-executing special orders, Sec. 11
    stage of disagreement as to, effect of, Sec. 16
    suspension of the rules, consideration by, Sec. 13
  Senate amendments, motions after disagreement as to, Secs. 17, 18

[[Page 934]]

    adhere, Sec. 24
    debate on, Sec. 25
    insist, Sec. 22
    lay on the table, Sec. 19
    precedence of, Sec. 18
    privilege of, Sec. 17
    recede and concur, Sec. 20
    recede and concur with an amendment, Sec. 21
    refer to committee, Sec. 23
  Senate bills --
    calling up, by motion, Sec. 2
    floor consideration, Sec. 2
    Speaker's referral to committee, Sec. 5
    Special rule, consideration under, Sec. 4
    unanimous consent, consideration by, Sec. 3

                              SPECIAL RULES

    See also Amendments; Appropriations; Consideration and Debate; 
    Germaneness of Amendments; Order of Business; Points of Order; Rules 
    and Precedents of the House
  Generally, Sec. 1
  Calling up, Sec. 2
  Debate on, Sec. 4
  Forms for filing or calling up, Sec. 3
  Jurisdiction over, Sec. 1
  Layover period for, Sec. 2
  Modification of, Sec. 5
  Privilege and precedence of, Sec. 2
  Reporting of, Sec. 2
  Same-day consideration of, Sec. 2
  Types of, Sec. 6
  Unfunded Mandates Act, restriction as to, Sec. 1
  Unreported measures, application to, Sec. 1
  Voting on, Sec. 4
  Waivers of, Sec. 1

                           SUSPENSION OF RULES

    See also Consideration and Debate; Motions; Points of Order; Special 
    Rules
  Generally, Sec. 1
    early and modern practice compared, Sec. 2
    House rule on, Sec. 1
  Amendments to proposition, Sec. 8
  Application of other motions to, Sec. 5
  Debate on, Sec. 7
    division of, Sec. 7
    time for, Sec. 7
  Forms for, Sec. 6
  Notice requirements as to, Sec. 4
  Precedence of, Sec. 5
  Reading of, Sec. 7
  Recognition to offer, Sec. 6
  Rules suspended by, Sec. 3
  Speaker's discretion as to, Sec. 6
  Uses of motion, Sec. 2
    to pass legislative measures, Sec. 2
    to provide special orders, Sec. 2
  Voting on, Sec. 10
    postponing votes on, Sec. 10
  When in order, Sec. 4
  Withdrawal of, Sec. 9

                      UNANIMOUS-CONSENT AGREEMENTS

    See also Amendments; Appropriations; Conferences Between the Houses; 
    Consideration and Debate; Order of Business; Senate Bills and 
    Amendments
  Generally, Sec. 1
  Debate, agreements relating to, Sec. 8
  Effect of, Sec. 1
  Guidelines for recognition for, Sec. 2
  In Committee of the Whole, Secs. 1, 9
  Limitations on, Sec. 9
  Modification of, Sec. 10
  Objecting to the request, Sec. 5
    reserving objection, Sec. 5
    withdrawal of, Sec. 5
  Particular uses or applications of, Sec. 7

[[Page 935]]

  Recognition of Members for requests for, Sec. 2
  Reconsideration or revocation of, Sec. 10
  Speaker's discretion to recognize for, Sec. 9
  Stating the request, Sec. 4
  Timeliness of request, Sec. 3
  When not in order, Sec. 9
  Withdrawal of request, Sec. 4

                           UNFINISHED BUSINESS

    See also Assembly of Congress; Calendars; Order of Business
  Generally, Sec. 1
  Business postponed to a day certain, Sec. 6
  Business unfinished at adjournment, Sec. 2
    on days designated for special classes of business, Sec. 4
    when previous question ordered, Sec. 3
  Calling up, Sec. 1
  In Committee of the Whole, Sec. 7
  Speaker's discretion as to, Sec. 1
  Voting as unfinished business, Sec. 5
    deferred or clustered votes, Sec. 1
  When in order, Sec. 1

                              VETO OF BILLS

    See also Appropriations; Bills and Resolutions; Budget Process; 
    Congressional Disapproval Actions

  Generally, Sec. 1
  Consideration of, as privileged, Sec. 3
  Debate on, Sec. 5
  Discharge of, from committee, Sec. 4
  Disposition of vetoed bill, Sec. 6
  House action on vetoed bills, Sec. 2
  Line item veto, see Budget Process
  Motions in order as to, Sec. 4
  Overriding a veto, Sec. 6
  Pocket vetoes, Sec. 7
  Postponement of consideration of, Sec. 4
  President's authority as to, Sec. 1
  Referral of, to committee, Sec. 4
  Veto messages, Sec. 1
  Voting to override, Sec. 6

                                 VOTING

    See also Amendments; Conferences Between the Houses; Delegates and 
    Resident Commissioners; Division of the Question for Voting
  Generally, Sec. 1
  Announcements by absent Member as to voting preference, Sec. 28
  Ballots, use of, Sec. 1
  Bell and light system, Sec. 20
  Chair, voting by, Sec. 5
    duty to, Sec. 5
  Change of vote, Sec. 25
  Conviction of crime as disqualification, Sec. 8
  Correcting the Record as to, Sec. 26
  Counting votes, Sec. 6
    Speaker's count not subject to appeal, Sec. 6
  Deferred or clustered votes, Sec. 23
  Demanding the yeas and nays, Sec. 14
    precedence of, Sec. 14
    repetition of, Sec. 14
    when in order, Sec. 14
    withdrawal of, Sec. 14
  Disclosure of Member's vote, Sec. 15
  Disqualification to vote, Sec. 8
  Division, voting by, Sec. 10
    interruption during the count, Sec. 10
    precedence of demand for, Sec. 10
    timeliness, Sec. 10
  Duty to vote, Sec. 9
  Electoral votes, see Electoral Counts
  Electronic voting, Sec. 2
  Fifteen-minute votes, Sec. 20
  Five-minute votes, Secs. 21, 22
  ``Ghost'' voting, Sec. 3
  Impeachment, voting on, see Impeachment
  Interruptions of votes, Secs. 12, 17
  Kinds of votes, Sec. 1
  Majority votes, Sec. 29

[[Page 936]]

  Malfunction of electronic system, Sec. 2
  Member's responsibility, Sec. 7
  Ordering the yeas and nays, Sec. 13
    adjournment, effect of, Sec. 13
    ordering, effect of, Sec. 13
    when required, Sec. 13
  Pairing of, Sec. 19
  Personal or pecuniary interest as disqualification, Sec. 8
  Postponement of vote, Sec. 12
  Proxy voting, Sec. 3
  Putting the question, Sec. 4
  Recapitulations of, Sec. 27
  Reconsideration of, Sec. 15
  Recorded votes, Sec. 12
  Roll call votes, Sec. 17
  Speaker, voting by, see Officers
  Teller votes, Sec. 11
    teller votes with clerks, Sec. 18
  Three-fifths votes, Sec. 29
  Tie votes, Sec. 29
  Time to cast, Sec. 24
  Two-thirds votes, Sec. 29
  Unanimous consent for, Secs. 21, 22
  Verification of vote, Sec. 2
  Veto, to pass bill over, see Veto of Bills
  Voice votes, Sec. 9
  Voting alerts, Sec. 20
  Yea and nay votes, Secs. 12, 15
    automatic procedure for, Sec. 16
    demanding a recorded vote, Sec. 12
    recorded votes distinguished, Sec. 12
    repetition or renewal of, Sec. 12
    timeliness of, Sec. 12
    withdrawal of, Sec. 12