[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[From the U.S. Government Publishing 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

                           Charles W. Johnson
                       Parliamentarian of the House
                                 1994-

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                             ISBN 0-16-053786-X


[[Page iii]]

                                  PREFACE


      The procedures used in the House of Representatives, while rooted 
  in the Constitution and Jefferson's Manual and in many time-honored 
  House standing rules, have been greatly modified in the last quarter 
  century. A few incremental changes deserve mention. Voting practices 
  have changed. Debate has become more structured. Reliance on special 
  orders of business that vary the standing rules has replaced the use 
  of more traditional methods of considering legislation on the floor. 
  Multiplicity of committee jurisdictions has complicated the referral 
  and conference process. Budgetary disciplines have interposed 
  additional levels of decision making. Consolidation of methods for the 
  disposition of Senate amendments in conference have become 
  commonplace. In addition, several matters of constitutional 
  significance, including impeachment and presidential elections, have 
  commanded the attention of the House.
      In this second edition, 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 laws such as the Legislative Reorganization Act of 1970 
  and the Congressional Budget Act of 1974, by resolutions such as the 
  Committee Reform Amendments of 1974, and by changes in the House rules 
  adopted at the beginning of recent Congresses, including a 
  recodification of all the standing rules of the House in 1999. This 
  volume reflects the modern practice of the House as of the 108th 
  Congress.
      The rules, procedures, and precedents of the House sometimes are 
  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 that 
  have sustained our Nation for over two centuries. Through a 
  combination of the application of standing rules, tradition, 
  precedent, and ad hoc changes implemented by special rules, the system 
  has functioned. The authority and privileges vested in the majority 
  have allowed the business of the House to proceed. The various changes 
  in the standing rules have retained that fragile, albeit essential, 
  balance between the rights of the majority and those of the minority, 
  but not without periodic debates on the importance of that balance in 
  the context of consideration of special orders of business. 
  Understanding the parliamentary tools available to make the 
  legislative process work justifies the publication of this volume.

[[Page iv]]

      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 
  authoritative citations. As required by law, this book has been 
  conceived as a concordance or quick reference guide to those works. It 
  is hoped that the alphabetical format and synopses of precedents and 
  citations on a given point of procedure, together with an improved 
  index, will lead the reader to the primary authority for a definitive 
  answer to a particular question.
      An earlier, condensed work on the precedents is Cannon's Procedure 
  in the House of Representatives, a summary by Clarence Cannon first 
  published in 1949 and last published in 1959. A later summary, 
  entitled Deschler's Procedure in the U.S. House of Representatives 
  (1974), was prepared by Lewis Deschler, Parliamentarian of the House 
  from 1928-1974, and was revised and updated in 1978, 1979, 1982, 1985, 
  and 1987. Comprehensive coverage and analysis are found in Hinds' 
  Precedents (1907), Cannon's Precedents (1936), Deschler's Precedents 
  (1977), and Deschler-Brown Precedents.
      The first edition of this volume was prepared in 1996 by former 
  Parliamentarian Wm. Holmes Brown, with editing assistance from Roy 
  Miller of the Compilation of Precedents Office. This second edition 
  was prepared with the assistance of Deputy Parliamentarians John 
  Sullivan and Thomas Duncan; Assistant Parliamentarians Muftiah 
  McCartin, Thomas Wickham, and Ethan Lauer; Clerks Gay Topper and Brian 
  Cooper; Compilation of Precedents Office editor Deborah Khalili and 
  former editor Evan Hoorneman; Marcie Kanakis of the Office of the 
  Clerk; and W. Robert Winters of the Government Printing Office. 
  Special appreciation is expressed to Muftiah McCartin for her efforts 
  in preparation of this volume.
      References to frequently cited works are to the House Rules and 
  Manual for the 108th Congress, by section (e.g., Manual Sec. 601); to 
  the volume and section of Hinds or Cannon (e.g., 6 Cannon 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. 1651).

  Charles W. Johnson
  Parliamentarian
  1994-

[[Page v]]


                              CHAPTER OUTLINE

                              HOUSE PRACTICE

  Chapter  1. Adjournment (p. 1)
  Chapter  2. Amendments (p. 15)
  Chapter  3. Appeals (p. 65)
  Chapter  4. Appropriations (p. 71)
  Chapter  5. Assembly of Congress (p. 157)
  Chapter  6. Bills and Resolutions (p. 167)
  Chapter  7. Budget Process (p. 187)
  Chapter  8. Calendar Wednesday (p. 213)
  Chapter  9. Calendars (p. 223)
  Chapter 10. Chamber, Rooms, and Galleries (p. 227)
  Chapter 11. Committees (p. 233)
  Chapter 12. Committees of the Whole (p. 295)
  Chapter 13. Conferences Between the Houses (p. 329)
  Chapter 14. Congressional Disapproval Actions (p. 363)
  Chapter 15. Congressional Record (p. 367)
  Chapter 16. Consideration and Debate (p. 375)
  Chapter 17. Contempt (p. 443)
  Chapter 18. Delegates and Resident Commissioner (p. 449)
  Chapter 19. Discharging Measures From Committees (p. 451)
  Chapter 20. District of Columbia Business (p. 459)
  Chapter 21. Division of the Question for Voting (p. 465)
  Chapter 22. Election Contests and Disputes (p. 475)
  Chapter 23. Election of Members (p. 481)
  Chapter 24. Electoral Counts; Selection of President and Vice 
  President (p. 487)
  Chapter 25. Ethics; Committee on Standards of Official Conduct (p. 
  493)
  Chapter 26. Germaneness of Amendments (p. 525)
  Chapter 27. Impeachment (p. 587)
  Chapter 28. Journal (p. 605)
  Chapter 29. Lay on the Table (p. 613)
  Chapter 30. Messages Between the Houses (p. 619)
  Chapter 31. Morning Hour; Call of Committees (p. 623)
  Chapter 32. Motions (p. 627)
  Chapter 33. Oaths (p. 631)
  Chapter 34. Office of the Speaker (p. 637)
  Chapter 35. Officers and Offices (p. 645)
  Chapter 36. Order of Business; Privileged Business (p. 653)

[[Page vi]]

  Chapter 37. Points of Order; Parliamentary Inquiries (p. 661)
  Chapter 38. Postponement (p. 675)
  Chapter 39. Previous Question (p. 681)
  Chapter 40. Private Calendar (p. 697)
  Chapter 41. Question of Consideration (p. 703)
  Chapter 42. Questions of Privilege (p. 707)
  Chapter 43. Quorums (p. 731)
  Chapter 44. Reading, Passage, and Enactment (p. 753)
  Chapter 45. Recess (p. 767)
  Chapter 46. Recognition (p. 773)
  Chapter 47. Reconsideration (p. 791)
  Chapter 48. Refer and Recommit (p. 803)
  Chapter 49. Resolutions of Inquiry (p. 817)
  Chapter 50. Rules and Precedents of the House (p. 823)
  Chapter 51. Senate Bills; Amendments Between the Houses (p. 829)
  Chapter 52. Special Orders of Business (p. 857)
  Chapter 53. Suspension of Rules (p. 871)
  Chapter 54. Unanimous-Consent Agreements (p. 881)
  Chapter 55. Unfinished Business (p. 893)
  Chapter 56. Unfunded Mandates (p. 897)
  Chapter 57. Veto of Bills (p. 901)
  Chapter 58. Voting (p. 909)
  Chapter 59. Withdrawal (p. 937)
  Index (p. 943)



[[Page 1]]

 
                         CHAPTER 1 - ADJOURNMENT

                              HOUSE PRACTICE

              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
          U.S. Const. art. I, Sec. 5
          5 Hinds Sec. Sec. 5359-5388
          8 Cannon Sec. Sec. 2641-2648
          Manual Sec. Sec. 82-84, 911-913


[[Page 2]]




             A. Generally; Adjournments of Three Days or Less


  Sec. 1 . In General

                           Types of Adjournments

      Adjournment procedures in the House are governed by the House 
  rules and by the Constitution. There are: (1) adjournments of three 
  days or less, which are taken pursuant to motion; (2) adjournments of 
  more than 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. Sec. Sec. 10, 13, infra.

                         Adjournment Versus Recess

      Adjournment is to be distinguished from recess. The House may 
  authorize a recess under a motion provided in rule XVI clause 4. The 
  Speaker also may declare a recess when no other business is pending 
  (rule I clause 12(a)) or when notified of an imminent threat to the 
  safety of the House (rule I clause 12(b)). Having postponed 
  proceedings on a pending question, the Speaker may declare a recess 
  for a short time under rule I clause 12(a) (there being no question 
  then pending before the House). Manual Sec. 638. During a period of 
  recess, the House remains open for certain business. The mace remains 
  in place on its pedestal, reports may be filed, and bills may be 
  placed in the hopper. See Recess.

                       Emergency Convening Authority

      During any recess or adjournment of not more than three days, if 
  the Speaker is notified by the Sergeant-at-Arms of an imminent 
  impairment of the place of reconvening, then he may, in consultation 
  with the Minority Leader, postpone the time for reconvening within the 
  three-day limit prescribed by the Constitution. In the alternative, 
  the Speaker, under the same conditions, may reconvene the House before 
  the time previously appointed solely to declare the House in recess 
  within that three-day limit. Rule I clause 12(c); Sec. 10, infra.
      Under rule I clause 12(d), the Speaker may convene the House in a 
  place within the District of Columbia, other than the Hall of the 
  House, whenever, in his opinion, the public interest shall warrant it. 
  In the 108th Congress, the two Houses granted blanket joint leadership 
  authority to assemble the 108th Congress at a place outside the 
  District of Columbia whenever the public interest shall warrant it. 
  108-1, H. Con. Res. 1, Jan. 7, 2003, p ____; see Adjournment.

[[Page 3]]

      The President may convene Congress at places outside the seat of 
  government during hazardous circumstances. 2 USC Sec. 27; Deschler Ch 
  1 Sec. 4.


  Sec. 2 . Adjournment Motions and Requests; Forms

                                  Motions

      The motion to adjourn authorized by rule XVI clause 4(a) is in 
  order in simple form only, 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.
      Speaker: The Clerk will report the motion.
      Clerk: Mr. ____ moves that the House do now adjourn.

  5 Hinds Sec. Sec. 5371, 5372.

      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. 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 nondebatable and unamendable motion provided by rule 
  XVI clause 4(c) that, when the House adjourns, it stand adjourned to a 
  day and time certain. Manual Sec. 911. This motion is used when the 
  House wishes to make some change in the day or hour of its next 
  regularly scheduled meeting, which is set at the beginning of each 
  session of Congress by standing order. 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.

                        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 ____. on ____, ____ (any time 
    on a day within three calendar days not including Sundays). 
    Adjournments of more than three days, see Sec. Sec. 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

[[Page 4]]

  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 
  Sec. Sec. 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. Manual Sec. 913. 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 and is in 
  order whenever the floor can be secured. See Manual Sec. 912; 5 Hinds 
  Sec. Sec. 5359, 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. 911. 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. Sec. 911, 
  912. 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. However, 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.
     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. Manual 
         Sec. 913.
     Only one motion pending a motion to suspend the rules. Rule XV 
         clause 1(b).
     Only one motion pending a privileged report from the Committee 
         on Rules. Rule XIII clause 6(b).

      The motion to adjourn permitted by rule XVI clause 4 applies when 
  a question is ``under debate,'' and is in order when other business is 
  before

[[Page 5]]

  the House as well. Manual Sec. Sec. 911, 912. 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. Manual Sec. 621.
     A motion for a call of the House. 8 Cannon Sec. 2642.
     A resolution offered as a question of the privileges of the 
         House. Manual Sec. 699.
     The consideration of an impeachment proceeding. 91-2, Apr. 15, 
         1970, p 11940.
     A motion to reconsider. 5 Hinds Sec. 5605.
     A motion to instruct conferees. Manual Sec. 912.
     The filing of a privileged report from a committee. Manual 
         Sec. 912.
     The consideration of conference reports. 5 Hinds 
         Sec. Sec. 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 not be 
  entertained:

     When another Member holds the floor in debate. Manual 
         Sec. 912; 5 Hinds Sec. 5360.
     During time yielded for a parliamentary inquiry. 88-2, June 3, 
         1964, p 12522.
     When the House is voting, 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 Sec. Sec. 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.

      In certain situations, the motion cannot be repeated after one 
  such motion has been defeated. 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 defeated. Rule XIII clause 
         6(b); 8 Cannon Sec. 2260.
     Pending consideration of a motion to suspend the rules, after 
         one such motion has been defeated. Rule XV clause 1(b).


  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 the Committee of the Whole. 4 
  Hinds Sec. 4716. It also

[[Page 6]]

  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. However, 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 may be made by any Member (91-1, Oct. 14, 
  1969, pp 30054-56), including a minority member (98-2, May 23, 1984, p 
  13960.) The Chair even may declare the House adjourned by unanimous 
  consent when no Member is available. See, e.g., 106-2, Feb. 3, 2000, p 
  ____. 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 Sec. Sec. 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(b). Manual Sec. 911; 5 Hinds Sec. 5359. Clause 4(c) precludes 
  debate on the motion to fix the day to which the House shall adjourn. 
  Manual Sec. 911; 5 Hinds Sec. Sec. 5379, 5380. For a discussion of 
  debate on resolutions providing for an adjournment, see Sec. 10, 
  infra. The stricture against debate on a motion to adjourn includes a 
  prefatory statement leading up to the motion. Such statement, if made, 
  is not carried in the Congressional Record. 107-2, Feb. 13, 2002, p 
  ____.
      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. 912. The motion also may 
  not 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 the daily hour of meeting for each 
  day of the week. Manual Sec. 912. Similarly, the separate motion under 
  rule XVI clause 4(c) that when the House adjourns it stand adjourned 
  to a day and time certain also is not is subject to amendment. An 
  older precedent (5 Hinds Sec. 5754) indicating otherwise predates the 
  1973 change in rule XVI clause 4(c), which enabled the motion at the 
  Speaker's discretion. See, Manual Sec. 911.

[[Page 7]]

  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 or a 
  vote by the yeas and nays. 99-1, Dec. 20, 1985, p 38733; 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 Sec. Sec. 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. Manual Sec. 913.
      The simple motion to adjourn may be agreed to notwithstanding the 
  absence of a quorum. See Manual Sec. Sec. 52, 1025. Indeed, no motion 
  is in order in the absence of a quorum except to adjourn or for a call 
  of the House. 4 Hinds Sec. Sec. 2950, 2951, 2988; 6 Cannon 
  Sec. Sec. 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.
      The motion to adjourn takes precedence over a motion for a call of 
  the House. Sec. 3, supra. In one instance, following a point of order 
  that a quorum was not present, and before the Chair so ascertained, a 
  Member moved a call of the House while another Member immediately 
  moved to adjourn. The Chair recognized for the more privileged motion. 
  88-1, June 12, 1963, p 10739.
      It is not in order to demand an ``automatic'' roll call under rule 
  XX clause 6 on an affirmative vote on a simple motion to adjourn 
  because that motion may be agreed to by less than a quorum. Manual 
  Sec. 1025. However, 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 Sec. Sec. 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 ``automatic'' roll call on the 
  motion then occurs under rule XX clause 6. 100-1, Nov. 2, 1987, pp 
  30386-90.

      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 6 of rule XX) I object to the vote on that 
    ground.

[[Page 8]]

      Speaker: A quorum is not present, and the yeas and nays are 
    ordered. Members will record their votes by electronic device.

      Although 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 begun to call the roll. 5 Hinds Sec. 5366; 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

      Rule XVI clause 1, which precludes the Speaker from entertaining 
  dilatory motions, is applicable to motions to adjourn. Manual 
  Sec. 903. Although of the highest privilege, the motion to adjourn is 
  not in order when offered for purposes of delay or obstruction. 5 
  Hinds Sec. Sec. 5721, 5731; 8 Cannon Sec. Sec. 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, debate, a decision of the 
  Chair on a question of order, or the ordering of the yeas and nays. 
  Manual Sec. 912; 5 Hinds Sec. Sec. 5373, 5374, 5376-5378; 8 Cannon 
  Sec. 2814.
      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 Committee on Rules and during the 
  consideration of motions to suspend the rules. Manual Sec. Sec. 857, 
  890. 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 Sec. Sec. 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 Sec. Sec. 5744-5746.


                 B. Adjournments for More Than Three Days


  Sec. 10 . In General; Resolutions

                            House-Senate Action

      Under article I, section 5, clause 4 of the Constitution, neither 
  House can adjourn (or recess) for more than three days without the 
  consent of the other. The consent of both Houses is required even 
  though the adjournment is sought by only one of them. Manual Sec. 84. 
  In calculating the three days, either the day of adjourning or the day 
  of meeting (excluding Sundays) must

[[Page 9]]

  be taken into the count. Manual Sec. 83; 5 Hinds Sec. 6673. The House 
  can adjourn by motion from Thursday to Monday, or from Friday to 
  Tuesday, because Sunday is a dies non. However, it cannot adjourn from 
  Monday to Friday without the Senate's assent. Consistent with this 
  requirement, the House has authorized the Speaker to declare the House 
  in recesses subject to calls of the Chair during discrete periods, 
  each not more than three days. Manual Sec. 83.
      Adjournments for more than three days are provided for by 
  concurrent resolution. The resolution may provide for the adjournment 
  of one House or for the adjournment of both Houses. Manual Sec. 84. 
  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. Manual Sec. 84. 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. Manual 
  Sec. 84. For a discussion of the authority of the President to 
  determine the period of adjournment when the two Houses are unable to 
  agree with respect thereto, see Manual Sec. 171; for 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. Manual Sec. 84; 
  95-2, June 29, 1978, p 19466.
      A concurrent resolution adjourning both Houses for more than three 
  days, or sine die, normally includes authority for the Speaker and the 
  Majority Leader of the Senate, acting jointly, to reassemble the 
  Members when

[[Page 10]]

  ever the public interest shall warrant it. Manual Sec. 84. Recently, 
  such recall authority has allowed the respective designees of the 
  Majority Leader and the Speaker to so reassemble. It has also allowed 
  reassembly at such place as may be designated. E.g., 107-2, Nov. 22, 
  2002, p ____. In the 108th Congress, the two Houses granted blanket 
  joint leadership authority to assemble the 108th Congress at a place 
  outside the District of Columbia whenever the public interest shall 
  warrant it. 108-1, H. Con. Res. 1, Jan. 7, 2003, p ____. A concurrent 
  resolution also may provide for the sine die adjournment of one House 
  following a single House recall. Manual Sec. 84.

                            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 proper 
  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 XX or by article I, section 5 of the Constitution.


  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. 
  Manual Sec. 84; 5 Hinds Sec. 6701. The resolution is privileged even 
  though it provides for an adjournment of the two Houses to different 
  days certain. 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. 
  For example, an adjournment resolution including 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 
  retains its privilege. 101-1, Nov. 21, 1989, p 31156. An adjournment 
  resolution including a provision establishing an order of business for 
  the following session of the Congress was not considered privileged. 
  102-1, Nov. 26, 1991, p 35840.
      Amendments of the Senate to adjournment resolutions are called up 
  in the House as privileged. 97-2, Feb. 10, 1982, p 1471.
      A House concurrent resolution providing for an adjournment may 
  lose its privileged status if the House is not in compliance with 
  sections 309 and 310(f) of the Congressional Budget Act, which 
  preclude such resolutions until the House has approved its regular 
  appropriations bills and completed action on any required 
  reconciliation legislation. Manual Sec. 1127. However, these 
  provisions of the Act may be waived by unanimous consent or by res

[[Page 11]]

  olution reported by the Committee on Rules. E.g., 101-1, June 23, 
  1989, p 13271.
      A concurrent resolution granting the two Houses blanket joint 
  leadership authority to assemble a Congress at a place outside the 
  District of Columbia whenever the public interest shall warrant it was 
  offered as privileged. 108-1, H. Con. Res. 1, Jan. 7, 2003, p ____.


  Sec. 12 . August Recess

      The Legislative Reorganization Act of 1946 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. Manual Sec. Sec. 1105, 1106. 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. 1106.
      The House and Senate may adopt a concurrent resolution adjourning 
  in August in an odd-numbered year as specified by the Act. Such a 
  resolution is called up as privileged, requires a yea and nay vote for 
  adoption, and is not debatable. Manual Sec. 1106. 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) or 
  by resolution reported by the Committee on Rules (105-1, July 31, 
  1997, p ____).


                          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 96-1, Jan. 3, 1980, p 37774; 104-1, 
  Jan. 3, 1996, p 38609. 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 up 
  from the floor as privileged. 5 Hinds Sec. 6698.
      The resolution is not debatable. 8 Cannon Sec. Sec. 3371-3374. 
  However, a Member may be recognized during its consideration under a 
  reservation of

[[Page 12]]

  objection to a unanimous-consent request. Manual Sec. 84. It requires 
  a quorum for adoption. 92-2, Oct. 18, 1972, p 37061.
      A sine die resolution may specify the particular legislative or 
  calendar day of adjournment or may specify two or more optional dates. 
  Sine die adjournment in the latter case is effected by a motion of the 
  Majority Leader or his designee. Manual Sec. 84. 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 Constitution, a regular session of a Congress 
  automatically begins at noon on January 3 of every year unless 
  Congress sets a different date by law. Manual Sec. 242; 96-2, Jan. 3, 
  1980, p 3.
      Under rule X clause 1(m), the Committee on Rules has jurisdiction 
  of matters relative to final adjournment of Congress. Manual Sec. 733.
      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. However, a sine die resolution may be recalled prior 
  to action thereon by the other House. 5 Hinds Sec. 6699. Also, it is 
  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 
  normally contain House-Senate leadership recall authority. For a 
  discussion of 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. This committee is usually composed of the Majority and 
  Minority Leaders of the House, and joins a similar committee appointed 
  by the Senate. 106-1, Nov. 18, 1999, p ____.


  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 Sec. Sec. 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. Manual Sec. 55; 5 Hinds Sec. 6721.

[[Page 13]]

      The time for adjournment specified in the resolution having 
  arrived, the motion to adjourn is made by the Majority Leader or his 
  designee:

      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, 1961, p 21528.



[[Page 15]]

 
                                 CHAPTER 2 - AMENDMENTS

                              HOUSE PRACTICE

              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 Congressional Record

              B. Permissible Pending Amendments

  Sec. 13. In General; 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 and Insert
  Sec. 24. Substitute Amendments

[[Page 16]]

  Sec. 25. Offering Amendments During Yielded Time
  Sec. 26. Effect of Previous Question; Expiration of Time for Debate

              E. Consideration and Voting

  Sec. 27. In General; Reading of Amendment
  Sec. 28. Order of Consideration Generally; Postponed and Clustered 
  Votes on Amendments
  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 the 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 the 
                 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

[[Page 17]]

        Research References
          5 Hinds Sec. Sec. 5753-5800
          8 Cannon Sec. Sec. 2824-2907a
          Deschler Ch 27
          Manual Sec. Sec. 413, 456, 469, 902, 905, 911, 919-927, 978-
            981, 986-989, 991


              A. Amendments Defined and Distinguished; Forms


  Sec. 1 . In General; Formal Requisites

                                 Generally

      The four forms of amendment are specified by rule XVI clause 6. 
  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 
  Sec. Sec. 5753, 5785; 8 Cannon Sec. Sec. 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, or as the designee, of 
  another Member, but he may not offer it in the other Member's name or 
  jointly. Deschler Ch 27 Sec. 1.11. Furthermore, he may not offer an 
  amendment to his own amendment; an amendment once offered may not be 
  directly modified by its proponent except by unanimous consent. 
  Sec. 37, infra.

               Formal Requirements; Written or Oral Motions

      Pursuant to 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 the Committee of the Whole, the Clerk transmits 
  copies of offered amendments to the majority and the minority tables 
  in accordance with rule XVIII clause 5(b), although the failure of the 
  Clerk to promptly trans

[[Page 18]]

  mit such copies is not the basis for a point of order against the 
  amendment. Deschler Ch 27 Sec. 22.11.
      An amendment must contain instructions to the Clerk as to the 
  portion of the text 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 
  Sec. Sec. 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 by a vote on the 
  merits of the amendment. 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 first-degree 
  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.) However, this 
  sequence is reversed with respect to the offering of amendments, 
  because 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. Sec. 21, infra. 
  Nevertheless, considerable latitude is permitted in the order of 
  offering amending propositions. For example, in one instance five 
  amendments were offered in the following order: (1) an amendment in 
  the nature of a substitute for the pending measure, (2) a substitute 
  therefor, (3) a perfecting amendment to the original text, (4) a 
  perfecting amendment to the substitute, and (5) a perfecting amendment 
  to the amendment in the nature of a substitute. Deschler Ch 27 
  Sec. 5.28. Indeed, under this scenario, three further amendments would 
  have been in order: (1) a substitute to the perfecting amendment to 
  the original text; (2) a perfecting amendment to the substitute; and 
  (3) a perfecting amendment to the amendment to the original text.

[[Page 19]]

                          Effect of Special Rule

      Bills are frequently considered pursuant to the terms of a special 
  rule or resolution reported by the Committee on Rules. The resolution 
  may specify 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. The 
  resolution may also ``self-execute'' an amendment by considering that 
  amendment as adopted. Sec. 11, infra. Such special rules are 
  themselves subject to germane amendment while the rule is pending if 
  the Member in 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 an 
  amendment should be perfected before agreeing to it. Manual Sec. 456. 
  The term ``perfecting amendment'' includes amendments to insert as 
  well as amendments to strike and insert. Deschler Ch 27 Sec. 15. 
  Furthermore, a perfecting amendment may take the form of a motion to 
  strike 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 before 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 the section or paragraph is 
  pending, and are disposed of first. Deschler Ch 27 Sec. 15.15. Indeed, 
  all perfecting amendments to a section of a bill must be disposed of 
  before the vote recurring on a pending motion to strike the section. 
  Deschler Ch 27 Sec. 24.3. If the perfecting amendment changes all the 
  words proposed to be stricken, the motion to strike necessarily falls 
  and is not voted on because the entirety of the amendment has been 
  changed. Deschler Ch 27 Sec. 24.15.

[[Page 20]]

  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, which is consistent with the principle that text 
  should be perfected before stricken or retained. See Sec. 21, infra. 
  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. However, 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 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 and insert is usually a perfecting amendment 
  (Deschler Ch 27 Sec. 16), and is not divisible under rule XVI clause 
  5. A motion to strike 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. However, even if agreed to, the 
  perfected language is subject to being eliminated by subsequent 
  adoption of the motion to strike in cases where the perfecting 
  amendment has not so changed the text as to render the original motion 
  to strike an improper change of language already adopted. Deschler Ch 
  27 Sec. 17.12 (note).


  Sec. 5 . Motions to Strike

      A motion proposing to strike 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 a section that 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 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 under 
  rule XVIII clause 9. Manual Sec. 988.

[[Page 21]]

  Sec. 6 . Substitute Amendments

      A substitute always proposes to replace all the words of a pending 
  amendment. The amendatory instructions contained in a substitute 
  direct changes to be made in the original language rather than to the 
  pending amendment. Although a substitute may change parts of a bill 
  not changed by the pending amendment, the substitute must be germane 
  to the pending amendment. 8 Cannon Sec. Sec. 2879, 2883; Deschler Ch 
  27 Sec. 18.6. A substitute may result in similar language to the 
  original text proposed to be changed by the pending amendment but may 
  not result in identical language. Deschler Ch 27 Sec. 18.15.
      A substitute for a motion to strike is not in order. Deschler Ch 
  27 Sec. 18.8. A motion to strike is not in order as a substitute for a 
  pending motion to strike 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 that 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 and insert. However, the term ``amendment in the 
  nature of a substitute'' properly applies only to those motions that 
  propose to strike an entire pending bill, though it is sometimes used, 
  less precisely, to describe motions proposing to strike an entire 
  pending section or title of text and to insert new matter. It should 
  not be used to describe those motions to strike 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.

[[Page 22]]

      Where an amendment in the nature of a substitute for a bill has 
  been adopted in the Committee of the Whole, the measure is no longer 
  open to amendment 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. 923.


  Sec. 8 . Pro Forma Amendments

      Pro forma amendments have been in use during debate in the 
  Committee of the Whole 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. Although 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 that might 
  otherwise be prohibited because of the time limitations of the five-
  minute rule. Rule XVIII clause 5; Deschler Ch 27 Sec. 2. A special 
  order may limit the offering of substantive amendments but enable pro 
  forma amendments for the purpose of debate. A pro forma amendment may 
  be offered after a substitute has been adopted and before the vote on 
  the amendment, as amended, by unanimous consent only because the 
  amendment has been amended in its entirety and no further amendments, 
  including pro forma amendments, are in order. Manual Sec. 981.
      A Member who has occupied five minutes on a pro forma amendment:

     May not lengthen this time by making a second pro forma 
         amendment or offer a pro forma amendment to his original 
         amendment. Manual Sec. 981; 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. 981.
     May rise in opposition to a pro forma amendment offered by 
         another Member when recognized for that purpose. Manual 
         Sec. 981; Deschler Ch 27 Sec. Sec. 2, 2.21.
     May offer a second-degree amendment and then offer a pro forma 
         amendment to debate the underlying first-degree amendment. 
         Manual Sec. 981.

      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 Sec. Sec. 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. Manual 
  Sec. 981.

[[Page 23]]

  Sec. 9 . Precedence of Motion Generally

                                In General

      Rule XVI clause 4 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 sixth position, taking precedence over the motion to postpone 
  indefinitely. Under that 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. Manual Sec. 911. Because 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).

                    Explaining or Opposing an Amendment

      In the 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. Manual Sec. 926; 8 Cannon Sec. 2660. 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. Deschler Ch 23 Sec. 18.3. The previous 
  question having been voted down, an amendment may be offered. However, 
  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. 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. 
  Deschler Ch 23 Sec. 20.7.
      In the House as in the Committee of the Whole, 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

      Under rule XVIII clause 9, the motion to strike the enacting 
  clause takes precedence over a motion to amend. Manual Sec. 989. The 
  motion may be offered while an amendment is pending. 5 Hinds 
  Sec. 5328; 8 Cannon Sec. 2624. The rejection of a preferential motion 
  to strike the enacting clause permits the offering of proper 
  amendments. Deschler Ch 23 Sec. 14.13.

[[Page 24]]

      In the Committee of the Whole, where the motion is utilized under 
  the modern practice, the motion must be phrased as a recommendation, 
  because only the House can directly reach the enacting clause.

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

      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. Although the 
  motion to strike the enacting clause is pending, not even a pro forma 
  amendment to strike 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 the 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 Sec. Sec. 4752-4758. However, the motion to amend 
  yields to the simple motion that the Committee rise. 4 Hinds 
  Sec. 4770. Under rule XXI clause 2(d), the motion to rise and report, 
  if offered by the Majority Leader (or designee), takes precedence over 
  an amendment proposing a limitation after a general appropriation bill 
  has been completely read for amendment. Manual Sec. 1040.
      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. 927. 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 Sec. Sec. 2695, 2738, 
         2762.
     To recommit with instructions. 8 Cannon Sec. Sec. 2698, 2699, 
         2712, 2759.
     To declare a recess. 5 Hinds Sec. 5754.
     To instruct conferees. 8 Cannon Sec. Sec. 3231, 3240.
     To change the reference of a public bill if the amendment is 
         authorized by the appropriate committee. Manual Sec. 825; 7 
         Cannon Sec. 2127. But see 4 Hinds Sec. 4378.

[[Page 25]]

                            When Not Permitted

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

     To order the previous question. Manual Sec. 452.
     To table. 5 Hinds Sec. 5754.
     To suspend the rules, although a motion to suspend the rules 
         and pass a measure may include a proposed amendment to the 
         measure. 5 Hinds Sec. Sec. 5405, 6858, 6859.
     To adjourn, as by specifying a particular day. 5 Hinds 
         Sec. Sec. 5360, 5754.
     To go into the Committee of the Whole to consider a privileged 
         bill. Manual Sec. 927; 6 Cannon Sec. Sec. 52, 724.
     To take up a designated bill in the Committee of the Whole. 8 
         Cannon Sec. 2865.
     To strike 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 by the Committee on Rules. Such rules may 
  specify the amendments that 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 the 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 rule that is ``closed'' or ``modified-closed'' that 
         strictly restricts the universe of amendments to, for example, 
         amendments specified in the report of the Committee on Rules 
         accompanying the rule.
     Under a rule that is ``open in part,'' ``closed in part,'' or 
         ``open for a time, closed thereafter.''
     Under a rule that is ``modified open,'' which places minor 
         restrictions on amendments, for example, requiring preprinting 
         in the Congressional Record.

      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

[[Page 26]]

  standing rules of the House. Deschler Ch 27 Sec. 3.7. Where a bill is 
  being considered under a ``closed'' rule, even pro forma amendments 
  are not in order. Deschler Ch 27 Sec. 3.34. A ``modified-closed rule'' 
  permits only designated amendments or a designated class of 
  amendments. Deschler Ch 21 Sec. 22.8.
      The Committee of the Whole may not substantively restrict the 
  offering of amendments in contravention of a special rule adopted by 
  the House. Manual Sec. 993; Deschler Ch 27 Sec. 3. However, a 
  unanimous-consent request may be entertained in the Committee of the 
  Whole by the Chair if its effect is to allow procedures that differ 
  only in minor or incidental respects from the procedure required by a 
  special rule adopted by the House. The Manual carries a list of 
  unanimous-consent requests that have been permitted in the Committee 
  of the Whole. Manual Sec. 993. 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. Such a rule may 
  provide that a specified amendment ``shall be considered to have been 
  adopted.'' The Committee on Rules has also reported rules that have 
  ``self-executed'' the adoption of nongermane amendments. The committee 
  has also reported rules that have ``self-executed'' the adoption of an 
  amendment that became original text for the purpose of further 
  amendment. Manual Sec. 855; Deschler-Brown Ch 31 Sec. 10.14.


  Sec. 12 . -- Amendments Printed in the Congressional Record

      The Committee on Rules may report a rule that precludes amendments 
  that have not been printed in the Congressional Record. 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. Only the House, 
  by unanimous consent, may permit the offering of an amendment that 
  differs in any way from an amendment permitted under the rule. 
  However, an offeror may

[[Page 27]]

  modify his amendment by unanimous consent in the Committee of the 
  Whole once pending. Manual Sec. 993; Deschler Ch 27 Sec. Sec. 3.25-
  3.27.
      Where a special rule restricts the offering of amendments to those 
  printed in the Congressional Record but does not specify the Members 
  who must offer them, the right to propose amendments properly inserted 
  in the Record inures to all Members. 105-2, Sept. 17, 1998, p ____.
      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 . In General; The Stages of Amendment
  
  
      The checklist below and the above chart show the four common 
  motions that may be pending simultaneously under rule XVI clause 6 (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

[[Page 28]]

  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 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 by 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, pursuant to special rule, up to 
  eight amendments to the pending text were pending simultaneously. 96-
  1, May 15, 1979, p 1050.
      There is no limit to the number of amendments that may be offered 
  either to an amendment or to a substitute so long as not changing a 
  previously adopted amendment. When one second-degree amendment has 
  been disposed of, another can be offered. Deschler Ch 27 Sec. 5.16. 
  Where both an amendment and a substitute have been offered, each may 
  have one amendment pending to it at one time. Deschler Ch 26 
  Sec. Sec. 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 before 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 Sec. Sec. 5.7, 5.17, 5.24. However, 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 Sec. Sec. 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

[[Page 29]]

  the substitute are in order following disposition of the pending 
  amendment to the substitute. Deschler Ch 27 Sec. 5.25.

             Amending Amendments in the Nature of a Substitute

      When specifically 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. As often as 
  amendments to the amendment are disposed of, further amendments may be 
  offered and voted upon before 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 XVI clause 6 and is considered 
  fundamental in the House of Representatives. Manual Sec. 922; 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. Until the amendment to the amendment is 
  disposed of, no further amendment to the amendment may be offered. 
  Deschler Ch 27 Sec. 6.12.
      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.

             Substitutes for Pending Amendments Distinguished

      As shown by the following chart, a substitute for a pending first-
  degree amendment is subject to amendment, whereas a perfecting 
  amendment to an amendment is not, as that would be in the third 
  degree. Manual Sec. 928; Deschler Ch 27 Sec. 6. The substitute 
  permitted by rule XVI clause 6 is an alternative to the original 
  first-degree amendment and not for the amend

[[Page 31]]

  ment 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.
      Although 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 is pending, it is in order to offer an 
  amendment to perfect the language proposed to be stricken; 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. However, the Chair has hesitated to 
  rule out of order pro forma amendments as being in the third degree, 
  because 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.


             C. When to Offer Amendment; Reading for Amendment


  Sec. 15 . In General; Reading by the Clerk

      Under rule XVI clause 5, a second reading occurs in the Committee 
  of the Whole after general debate when a measure is read for amendment

[[Page 32]]

  under rule XVIII clause 5. Under rule XVIII clause 5(a), amendments 
  are not in order in the Committee of the Whole until general debate 
  has been closed. 4 Hinds Sec. 4744. Amendments are then taken up under 
  the five-minute rule. Manual Sec. 978. 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 section, it is not in order to offer 
  amendments except to the one section under consideration. Deschler Ch 
  27 Sec. 7. After a section or paragraph has been passed, it is no 
  longer subject to amendment. Manual Sec. Sec. 413, 980.
      Bills are ordinarily read for amendment by section or paragraph in 
  sequence. However, the House, by unanimous consent or special rule, 
  may vary the reading of a bill for amendment under the five-minute 
  rule in the Committee of the Whole, which may include dispensing with 
  the reading entirely. Deschler Ch 27 Sec. Sec. 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 the 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. 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 because that order of the House had been 
  superseded by a subsequent order of the House. 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 
  and remain in order until the reading of the next portion to be 
  considered. Deschler Ch 27 Sec. 7. Generally, an amendment comes too 
  late when the Clerk has read beyond the section to which the amendment 
  applies. 8 Cannon Sec. 2930; Deschler Ch 27 Sec. 8.1.
      An amendment offered as a new section is in order to a bill being 
  read by section after the Clerk has read up to, but not beyond, the 
  point at which

[[Page 33]]

  the amendment would be inserted. The amendment must be offered after 
  the consideration of the section of the bill that it would follow, and 
  comes too late after the next section of the bill has been read for 
  amendment. 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. Deschler Ch 27 
  Sec. 7.35.
      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. Deschler Ch 27 
  Sec. 8.22. 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 or otherwise amend portions of a bill 
  not yet read for amendment. Deschler Ch 27 Sec. 9. 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 section, 
  amendments to more than one section may be considered en bloc by 
  unanimous consent only. Deschler Ch 27 Sec. 9.14.
      During the reading of an appropriation bill, rule XXI clause 2(f) 
  permits the offering of certain budget-neutral amendments to text not 
  yet read. Such amendments may propose only to transfer appropriations 
  among objects in the bill and are not subject to division. Manual 
  Sec. 1042.


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

      Unless permitted by special order, 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 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 consent is granted 
  that the remainder of the bill be open

[[Page 34]]

  to amendment at any point, amendments may then be offered to any 
  portion of the bill not yet read for amendment at the time the 
  permission is granted and amendments remain in order to that portion 
  of the bill pending when the request was granted. Deschler Ch 27 
  Sec. 11.9; 94-1, June 4, 1975, p 16899. However, 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. Points of order to 
  the text open to amendment are disposed of before the offering of 
  amendments. See Points of Order.


  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 or following the reading of the final section (or paragraph) 
  of the bill. Deschler Ch 27 Sec. Sec. 12.1, 12.2, 12.4. To a bill 
  being read for amendment by title, 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 unless the bill is 
  considered as having been read for amendment, in which case an 
  amendment in the nature of a substitute may be offered at any time 
  during consideration of the bill. Deschler Ch 27 Sec. Sec. 12.3, 
  12.10.
      Although 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 section and before 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 before the 
  offering of amendments in the nature of a substitute. Deschler Ch 27 
  Sec. 12.13.
      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 as original text) after the reading 
  thereof has been completed, if another amendment in the nature of a 
  substitute has not been previously adopted. Deschler Ch 27 Sec. 12.6.

[[Page 35]]

  Sec. 20 . Recognition to Offer Amendments; Priority

                         Necessity of Recognition

      Under rule XVII clause 2, decisions on recognition rest with the 
  Chair. Therefore, a Member wishing to offer an amendment must first be 
  recognized by the Chair for that purpose; and a Member holding the 
  floor under the five-minute rule may not yield to another Member to 
  offer an amendment. 2 Hinds Sec. 1422; Deschler Ch 27 Sec. Sec. 4.1, 
  4.6.

                            Discretion of Chair

      Except in cases where he is governed by a special order adopted by 
  the House, recognition for the purpose of offering amendments is 
  within the discretion of the Chair. Deschler Ch 27 Sec. Sec. 4.2, 4.3. 
  No point of order lies against the Chair's recognition of one Member 
  over another. Deschler Ch 27 Sec. 4.4. 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. 
  Deschler Ch 27 Sec. 4.19. No appeal lies from the Chair's decision on 
  recognition to offer amendments. Manual Sec. 949.

                     Priority of Committee Amendments

      Amendments recommended by a committee reporting a bill are 
  normally considered before amendments offered from the floor, 
  including instances where a 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

      The Chair ordinarily accords priority in recognition to members of 
  the committee reporting the bill, if on their feet seeking 
  recognition. Deschler Ch 27 Sec. 4.8. This is so despite the party 
  affiliation of such Members. Deschler Ch 27 Sec. 4.10.
      Members of the reporting committee or committees are normally 
  accorded prior recognition in order of full-committee seniority and 
  not by the sequence of lines in the pending paragraph to which those 
  amendments may relate. Deschler Ch 27 Sec. Sec. 4.11, 4.13, 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.

[[Page 36]]

                     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. 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 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 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 XVIII clause 9; Manual Sec. 988.
      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. However, 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 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.

                   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 the text and is first acted 
  upon. Deschler Ch 27 Sec. Sec. 15.3, 15.4. Thus, an amendment 
  inserting new words is in order and takes precedence over a pending 
  motion to strike that portion of the text. Deschler Ch 27 Sec. 15.7.
      Perfecting amendments to a paragraph may be offered (one at a 
  time) while a motion to strike the paragraph is pending, and such 
  perfecting amendments are first disposed of. Deschler Ch 27 
  Sec. Sec. 15.5, 15.15. Under this

[[Page 37]]

  rule, where a perfecting amendment is offered and rejected, a second 
  perfecting amendment may be offered and disposed of before the vote on 
  a motion to strike. If the motion to strike is ultimately defeated, 
  further perfecting amendments to the pending text are yet in order. 
  Deschler Ch 27 Sec. Sec. 15.8, 15.26.
      A motion to strike a pending portion of a bill will be held in 
  abeyance until perfecting amendments to that portion are disposed of. 
  Manual Sec. 469. However, 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. However, if perfecting amendments are 
  agreed to, and are coextensive with the material proposed to be 
  stricken, the motion to strike 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. A perfecting amendment to a 
  pending paragraph of a bill is in order and is not precluded 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 a section of a bill are in order 
  after perfecting amendments to the section are disposed of. Deschler 
  Ch 23 Sec. 17.3. A motion to strike a section or paragraph is not in 
  order while a perfecting amendment is pending. Deschler Ch 27 
  Sec. Sec. 16.6, 17.1. The motion to strike, if already pending, must 
  remain in abeyance until the amendment to perfect has been moved and 
  voted on. Manual Sec. 469; 5 Hinds Sec. 5758; 8 Cannon Sec. 2860. 
  Because a provision must be perfected before the question is put on 
  striking it out, a motion to strike a paragraph or section may not

[[Page 38]]

  be offered as a substitute for a pending motion to perfect the 
  paragraph or section, including where the pending perfecting amendment 
  is a motion to strike and insert new text. Deschler Ch 27 
  Sec. Sec. 17.15-17.18. Although the motion to strike is not in order 
  in this situation as a substitute, it may be offered after disposition 
  of the perfecting amendment to strike and insert if more comprehensive 
  in scope. Deschler Ch 27 Sec. Sec. 17.30-17.32.
      Although an amendment that 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 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 certain text and insert new language, a 
  simple motion to strike all that text may not be offered as an 
  amendment, as it would have the effect of dividing the motion to 
  strike and insert, which is prohibited by rule XVI clause 5. Deschler 
  Ch 27 Sec. 17.23.
      Motion to strike unfunded Federal mandate, see rule XVIII clause 
  11; see also Sec. 49, infra.


  Sec. 23 . Motions to Strike and Insert

      As a perfecting amendment, a motion to strike and insert takes 
  precedence over a pending motion to strike. 8 Cannon Sec. 2849. It may 
  be offered while the motion to strike 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 
  the amended text falls and is not acted on. Deschler Ch 27 Sec. 16.4.
      Under rule XVI clause 5, a motion to strike and insert is 
  indivisible. Manual Sec. 919. For this and other reasons, a motion to 
  strike is not in order as a substitute for a pending motion to strike 
  and insert. Deschler Ch 27 Sec. 17.18. Conversely, a motion to strike 
  and insert a portion of a pending section is not in order as a 
  substitute for a motion to strike the section, but may be offered as a 
  perfecting amendment to the section and is first voted upon, subject 
  to being eliminated by subsequent adoption of the motion to strike. 
  Deschler Ch 27 Sec. 17.7.


  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

[[Page 39]]

  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, and the substitute is in order even after 
  perfecting amendments have been adopted to the amendment in the nature 
  of a substitute. Deschler Ch 27 Sec. Sec. 18.18, 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. 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. 
  Manual Sec. 923; see also, 5 Hinds Sec. 5797, 8 Cannon Sec. 2843, and 
  Deschler Ch 27 Sec. 18.25 (note).


  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 or the 
  previous question is either not moved or is rejected. Deschler Ch 27 
  Sec. 13.6; 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.

[[Page 40]]

   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, despite his prior announced intention 
  not to yield for such purpose. 8 Cannon Sec. 2470. The Member so 
  yielded to may then offer an amendment, be recognized for an hour, and 
  may himself yield time. Deschler-Brown Ch 29 Sec. 30.7.
      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 the Committee of the Whole

      A Member recognized under the five-minute rule may not yield to 
  another Member to offer an amendment. 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.


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

                         Generally; House Practice

      The adoption of the previous question precludes further debate or 
  amendment on the pending measure and brings the House to an immediate 
  vote thereon. Rule XIX clause 1; 5 Hinds Sec. Sec. 5486, 5487; 
  Deschler Ch 27 Sec. 14.1. 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 XIX clause 2. Manual Sec. Sec. 1001, 
  1002; see Refer and Recommit.
      The previous question is sometimes ordered on nondebatable motions 
  for the specific purpose of preventing amendments thereto. 5 Hinds 
  Sec. 5490.

          Expiration of Debate Time in the 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

[[Page 41]]

  27 Sec. 14.9. Under rule XVIII clause 8, 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. Manual Sec. 987; 
  Deschler Ch 27 Sec. 14.10. However, where a special rule limits the 
  time for consideration of amendments, an amendment may not be offered 
  upon the expiration of that time limitation. Manual Sec. 993; see also 
  Consideration and Debate.


                        E. Consideration and Voting


  Sec. 27 . In General; Reading of Amendment

                                 Generally

      Amendments to a bill must be read in full or their reading 
  dispensed with in accordance with the rules. 8 Cannon Sec. 2339. 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. Deschler Ch 27 Sec. 22.5.
      Amendments at the Clerk's desk must be offered by a Member before 
  they will be read by the Clerk. Deschler Ch 27 Sec. 7.27. 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 that were pending at the time the 
  Committee rose. Deschler Ch 27 Sec. 22.3.

                           Numbering Amendments

      Amendments printed in the Congressional Record are numbered in the 
  order submitted for printing. Rule XVIII clause 8.

                          Dispensing with Reading

      The reading of an amendment may be dispensed with by unanimous 
  consent or waived pursuant to the provisions of a special rule. 
  Deschler Ch 27 Sec. 22. 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 
  Congressional Record by the offeror of the amendment. Rule XVIII 
  clause 7; Manual Sec. 986.

                           Rereading Amendments

      An amendment that has been once read may not be read again except 
  by unanimous consent. Deschler Ch 27 Sec. 22.2. It is not within the 
  province

[[Page 42]]

  of the Chair to analyze the effect of amendments, and the Chair has 
  declined to recognize for unanimous consent that the Clerk read the 
  ``differences'' between two pending amendments. Deschler Ch 27 
  Sec. 1.33.

                   Amendment in the 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 
  section in the absence of a special rule that specifies to the 
  contrary, and is open to amendment at any point when read in its 
  entirety. Deschler Ch 27 Sec. 22.6. 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. Deschler Ch 27 
  Sec. 22.7.


  Sec. 28 . Order of Consideration Generally; Postponed and Clustered 
            Votes on Amendments

                              Voting Sequence

      The four forms of amendment permitted by rule XVI clause 6 may be 
  pending simultaneously. Sec. 13, supra. However, as shown by the 
  following 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. Manual Sec. 922; 
  Deschler Ch 27 Sec. 23.
      An amendment to an amendment must be offered before the question 
  is put on the underlying amendment. Deschler Ch 27 Sec. Sec. 18.3, 
  18.4. 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 before 
  voting on substitutes for the original amendment and amendments 
  thereto. Deschler Ch 27 Sec. 23.9.
      Disposition of a perfecting amendment to a substitute amendment 
  does not preclude the offering of further perfecting amendments to the 
  substitute or the underlying amendment. However, when the substitute 
  is adopted, the Chair immediately puts the question on the original 
  amendment as amended by the substitute and further perfecting 
  amendments (including pro forma amendments) are not in order. Deschler 
  Ch 27 Sec. Sec. 23.8, 23.9.

[[Page 43]]

  
  


                          Effect of Special Rule

      A special order reported by the Committee on Rules may reverse or 
  alter the normal order of consideration of amendments in the Committee 
  of the Whole. Where the House has adopted a special rule permitting 
  the consideration of amendments in the 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. 
  Manual Sec. 993; Deschler Ch 27 Sec. 23.

[[Page 44]]

                Postponed and Clustered Votes on Amendments

      Under rule XVIII clause 6(g), the Chairman of the Committee of the 
  Whole may postpone and cluster requests for recorded votes on 
  amendments to a subsequent place and time during the amendment process 
  as determined by the Chair. Special rules from the Committee on Rules, 
  before adoption of clause 6(g), routinely provided the Chairman of the 
  Committee of the Whole such authority. Manual Sec. 984.
      Where a special rule provided such authority, the Chair has held:

     Use of that authority, and the order of clustering, was 
         entirely within the discretion of the Chair.
     An amendment pending as unfinished business where proceedings 
         on a request for a recorded vote had been postponed could be 
         modified by unanimous consent on the initiative of its 
         proponent.
     A request for a recorded vote on an amendment on which 
         proceedings had been postponed could be withdrawn by unanimous 
         consent before proceedings resumed on the request as unfinished 
         business, in which case the amendment stood disposed of by the 
         voice vote thereon.
     Unanimous consent is not required to withdraw a request for a 
         recorded vote on an amendment on which proceedings had been 
         postponed when the question recurs as unfinished business.
     Such authority did not permit the Chair to postpone a vote on 
         an appeal of a ruling of the Chair (even by unanimous consent).
     The Committee of the Whole by unanimous consent could vacate 
         postponed proceedings, thereby permitting the Chair to put the 
         question de novo.
     The Committee of the Whole could resume proceedings on 
         unfinished business consisting of a ``stack'' of amendments 
         even while another amendment was pending.

  Manual Sec. 984.

      Clause 6(g) also provides the Chairman the ability to reduce to 
  five minutes the time for electronic voting on any such postponed 
  question that follows another electronic vote without intervening 
  business. The offering of a pro forma amendment to discuss the 
  legislative program, or an extended one-minute speech by a Member to 
  express gratitude to the Members on a personal matter, may be 
  considered intervening business such as to preclude a five-minute vote 
  under this authority except by unanimous consent. Manual Sec. 984.

  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

[[Page 45]]

  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, before 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 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 or 
  pursuant to a special rule. Deschler Ch 27 Sec. Sec. 27.2, 27.3, 
  27.14-27.16. Amendments considered en bloc by unanimous consent are 
  subject to germane amendment after they have been read. Once pending 
  they are open to perfecting amendment at any point. Deschler Ch 27 
  Sec. 27.7.
      En bloc amendments may be offered to a pending amendment, but it 
  is not in order to consider en bloc amendments to amendments that have 
  not been reported. Deschler Ch 27 Sec. 27.10. En bloc amendments to 
  appropriation bills, see Appropriations.
      The en bloc consideration of amendments in the Committee of the 
  Whole pursuant to a unanimous-consent request therein does not 
  necessarily result in an en bloc vote in the House, because 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 (note).

[[Page 46]]

                              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 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. Because 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. 
  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. Deschler Ch 27 Sec. Sec. 27.13, 27.14.

                           ``King of the Hill''

      The Committee on Rules has provided 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. E.g., 102-2, 
  June 3, 1992, p ____.

                         ``Top Vote Getter'' Rule

      On occasion, the Committee on Rules has reported a rule that 
  permitted several alternative amendments to be considered in a 
  specified order with the one receiving the largest majority being 
  reported back to the House. E.g., 104-1, Jan. 25, 1995, p ____.

                     ``First Amendment Adopted'' Rule

      On rules providing for the consideration of the concurrent 
  resolution on the budget, or on other rare occasions, the Committee on 
  Rules has waived all points of order against the amendments in the 
  nature of a substitute printed in the report accompanying the rule, 
  except that the adoption of an

[[Page 47]]

  amendment in the nature of a substitute constituted the conclusion of 
  consideration of the concurrent resolution for amendment. E.g., 106-2, 
  Mar. 20, 2000, 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 before the vote recurring on a pending motion to strike the 
  section. Deschler Ch 27 Sec. 24.3. After the first perfecting 
  amendment has been disposed of, another may be offered and the vote on 
  the motion to strike is again deferred until the amendment is disposed 
  of. Deschler Ch 27 Sec. 24.5. 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. The 
  principle of perfecting text before considering an amendment striking 
  it from the bill is followed even where the motion to strike 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. Deschler Ch 27 Sec. 23.

                 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 48]]

  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 that have 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 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, and no further 
  amendments to either proposition are in order, because 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, the ``germaneness'' rule, the prohibition against inclusion of 
  legislation in an appropriation bill, or the prohibition against 
  inclusion of an appropriation in a legislative bill. See Sec. 14, 
  supra; Appropriations; and Germaneness of Amendments. For 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 
  before debate on the amendment. 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 
  argument on the point of order. The Chair then has the discretion to 
  insist that the point of order be made following debate by the 
  proponent of the amendment and before recognition of other Members. If 
  the point of order is made rather than reserved, the Member making the 
  point of order is immediately recognized for argument thereon, before 
  debate on the merits of the amendment. See Points of Order; 
  Parliamentary Inquiries.

                  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. The 
  reserving Member need not specify the basis of his reservation. The 
  reservation of the

[[Page 49]]

  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. See Points of Order; Parliamentary 
  Inquiries.


  Sec. 34 . -- Timeliness

                                 Generally

      Except as provided in the last paragraph of this section, a point 
  of order against an amendment is properly made (or reserved) 
  immediately after the reading thereof, following agreement to a 
  unanimous-consent request that the amendment be considered as read, or 
  at any time before debate has begun on the amendment. It should be 
  disposed of before amendments to that amendment are offered. 
  Similarly, a point of order against certain language should be decided 
  before recognition of another Member to offer an amendment to the 
  challenged language. See Points of Order; Parliamentary Inquiries.

                 Effect of Intervening Amendment or Debate

      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. See Points 
  of Order; Parliamentary Inquiries.
      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. It cannot be raised after the proponent of the 
  amendment has been recognized and has begun his explanation of the 
  amendment. 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. See Points of Order; Parliamentary 
  Inquiries.
      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 raising the point was on his feet, seeking recognition, at 
  the time the amendment was read. See Points of Order; Parliamentary 
  Inquiries; Deschler Ch 27 Sec. 1.

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

      Rule XXI clause 4 and clause 5(a) refer to points of order that 
  may be ``raised at any time.'' Clause 4 deals with appropriations in 
  bills reported by committees not having jurisdiction to report 
  appropriations and prohibits

[[Page 50]]

  amendments carrying appropriations during consideration of a bill 
  reported by a committee not having that jurisdiction. Clause 5(a) is 
  aimed at tax or tariff measures contained in a bill reported by a 
  committee not having that jurisdiction, or amendments of the Senate or 
  amendments in the House that 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. 
  However, 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. See 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 of debate on an amendment he offers, 
  after which the Member who first obtains the floor has five minutes in 
  opposition. Rule XVIII clause 5; Manual Sec. 978. These time 
  limitations do not apply, of course, where the measure is called up 
  pursuant to a special rule that requires that a specified period of 
  time be equally divided and controlled between the proponent and an 
  opponent. Under rule XVII clause 3(c), a manager of an measure who 
  opposes an amendment thereto is entitled to close controlled debate 
  thereon. 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 Congressional 
  Record pursuant to rule XVIII clause 8. Deschler Ch 27 Sec. 14.9. For 
  a discussion of limiting debate on amendments, see Consideration and 
  Debate.


  Sec. 36 . Withdrawal of Amendment

                       In the Committee of the Whole

      Under rule XVIII clause 5(a), an amendment may not be withdrawn in 
  the Committee of the Whole except by unanimous consent, unless 
  withdrawal authority is conferred by the House. Manual Sec. Sec. 905, 
  978; 5 Hinds Sec. Sec. 5221, 5753; 8 Cannon Sec. Sec. 2465, 2859; 
  Deschler Ch 27 Sec. 20.1. Thus, where a Member has been recognized 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. However, unanimous consent is not required 
  to withdraw an amendment that is at the Clerk's desk but which has not 
  been offered by the Member. Deschler Ch 27 Sec. 20.5.

[[Page 51]]

      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. Deschler Ch 27 Sec. 20.6.
      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 
  the Committee of the Whole, an amendment in the House may be withdrawn 
  by the proponent at any time before a decision or amendment is 
  rendered thereon. Rule XVI clause 6. The same right to withdraw an 
  amendment exists in the House as in the Committee of the Whole and in 
  standing committees where general procedures in the House as in the 
  Committee of the Whole apply. Manual Sec. 905.


  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 Sec. Sec. 21.1-
  21.3. 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. 106-2, Mar. 29, 2000, p 
  ____. 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 any Member may insist that a proposed modification be 
  submitted in writing and read by the Clerk. Deschler Ch 27 Sec. 21.8.
      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

[[Page 52]]

  amend rather than as a unanimous-consent request. 99-1, Dec. 5, 1985, 
  pp 34730, 34731.
      A unanimous-consent request may be entertained in the Committee of 
  the Whole to permit the modification of a designated amendment made in 
  order by a ``modified-closed'' special rule, once pending. Manual 
  Sec. 905.


        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. Manual Sec. Sec. 468-474; 8 Cannon Sec. 2856; 
  Deschler Ch 27 Sec. 29.2. Once the text of a bill has been perfected 
  by amendment, the perfected text cannot thereafter be amended. 
  Deschler Ch 27 Sec. 29.8. Similarly, the adoption of an amendment to a 
  substitute precludes further amendment to those portions of the 
  substitute so amended. Manual Sec. 469; see Sec. 41, infra.
      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. Manual Sec. 466. 
  Although 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. Deschler Ch 27 Sec. 31.8.

                          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. 
  Manual Sec. 466; 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. 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.

[[Page 53]]

            Amendments Negating Proposition Previously Adopted

      The Committee of the Whole may not amend a section of a bill 
  already passed during the reading. However, it may adopt an amendment 
  to a later section that has the effect of negating the provisions of 
  the earlier section because the Committee of the Whole 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 that 
  add language to an unamended portion at the end of the amended text. 
  Manual Sec. 469. 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. 
  Deschler Ch 27 Sec. 29.21.

      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. Deschler Ch 27 Sec. 31.18. In other words, an 
  amendment taking a ``bigger bite'' of the pending text than that 
  altered may be permitted. Thus, although 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. Deschler Ch 27 Sec. 29.9. Similarly, it is 
  in order to offer an amendment which strikes language changed by 
  amendment as well as other matter and inserts language which proposes 
  substantive changes going beyond the original amendment or strikes out 
  matter not only in the amendment previously agreed to but also in 
  additional portions of the pending bill. Manual Sec. 474; Deschler Ch 
  27 Sec. 29.

                          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. In addition, where a special rule permits a 
  motion to recommit with or without instructions a motion to recommit 
  may include an amendment that changes an amendment already adopted by 
  the House. See Sec. 47, infra.

[[Page 54]]

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

      It is not in order to offer an amendment merely striking 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. Manual Sec. 474; 
  Deschler Ch 27 Sec. 30.10.
      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 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. Deschler Ch 27 Sec. 30.7.
      Although the adoption of an amendment changing all the text of a 
  section precludes a vote on a pending motion to strike 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 the remainder of the section not yet 
  perfected may be offered and voted on before 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. Deschler Ch 27 
  Sec. 30.14.
      The adoption of a perfecting amendment to part of a section does 
  not preclude a motion to strike 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. However, where a 
  bill is being read by section, and committee amendments adding new 
  sections at the end of a bill have been adopted, an amendment 
  proposing to strike a section of the original bill and the new 
  sections is not in order. Deschler Ch 27 Sec. 30.9.


  Sec. 40 . Effect of Adoption of Motions to Strike

                       Adoption of Motion to Strike

      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 the section 
  vitiates the Committee's prior adoption of perfecting amendments to 
  that section, and only the motion to strike is reported to the House. 
  Deschler Ch 27 Sec. Sec. 31.1, 31.2. The bill returns to the

[[Page 55]]

  form as originally introduced upon rejection by the House of the 
  amendment reported by Committee. Deschler Ch 27 Sec. 31.3. Where an 
  amendment has been adopted striking language in a bill, a perfecting 
  amendment to the stricken language comes too late and is not in order. 
  Thus, where the Committee of the Whole has adopted an amendment 
  striking several consecutive paragraphs in a bill, an amendment 
  proposing to insert language in a paragraph which had been stricken 
  comes too late. Deschler Ch 27 Sec. 31.9.
      Although 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 and Insert

      If an amendment to strike a portion of a bill and insert new 
  language is agreed to, a pending amendment proposing to strike the 
  same portion falls and is not voted on. Manual Sec. 469; Deschler Ch 
  27 Sec. Sec. 31.11, 31.12. When an amendment striking certain language 
  and inserting other provisions has been adopted, it is not in order to 
  further amend the provisions so inserted. Manual Sec. 469; Deschler Ch 
  27 Sec. 31.14.
      The adoption of a perfecting amendment to strike and insert does 
  not preclude the offering of another amendment to strike and insert 
  which goes beyond the changes made by the first amendment. Deschler Ch 
  27 Sec. 31.18. Similarly, although 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. Deschler Ch 27 Sec. 31.7. However, if a 
  motion to strike all after the first word of text and insert a new 
  provision is agreed to, the language thus inserted cannot thereafter 
  be amended. Deschler Ch 27 Sec. 31.14.


  Sec. 41 . Adoption of Amendment in the Nature of a Substitute

      The adoption of an amendment in the nature of a substitute ends 
  the amendment stage; and further amendment is not in order, including 
  pro forma amendments for debate. Deschler Ch 27 Sec. Sec. 32.1, 32.2, 
  32.22. 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

[[Page 56]]

  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. Deschler Ch 27 
  Sec. 32.22.


  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 Sec. Sec. 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. Manual Sec. 455. 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 effect of 
  changing amended amounts in the bill may also be in order. Deschler Ch 
  27 Sec. 33.10. In recent practice an amount in an appropriation bill 
  has been changed by inserting a parenthetical ``increased by'' or 
  ``decreased by'' after the amount rather than by directly changing the 
  figure in order to avoid such a point of order. Manual Sec. 455.
      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 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. Deschler Ch 27 Sec. 29.47.
      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. 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. Manual Sec. 469.

[[Page 57]]

      Members have offered ``fetch-back'' amendments to appropriation 
  bills, which are new paragraphs inserted to change amounts contained 
  in previous paragraphs. ``Fetch-back'' amendments may be in order as 
  long as the amendment is germane to the portion of the bill to which 
  offered and amounts only to a reduction of funds contained in previous 
  paragraphs. E.g., 106-1, Aug. 5, 1999, p ____. However, a ``fetch-
  back'' amendment increasing an amount contained in a prior paragraph 
  must be supported by an authorization. Such support is necessary 
  because the precedents that admit a germane perfecting amendment to an 
  unauthorized item permitted to remain deal with actual changes in the 
  figure permitted to remain and not with the insertion of new matter 
  beyond that permitted to remain. Manual Sec. 1058. For example, 
  waivers of points of order against unauthorized items are usually 
  stated as waivers against portions of the bill and not against 
  amendments adding unauthorized increases at another part of the bill. 
  An authorized ``fetch-back'' increase also may be a violation of the 
  subcommittee's allocation under section 302(f) of the Congressional 
  Budget Act of 1974.


  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, 
  unless otherwise restricted by the special rule governing 
  consideration of a measure (Manual Sec. 993), the Committee of the 
  Whole may by unanimous consent:

     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. Manual 
         Sec. 993.
     Permit a page reference to be included in a designated 
         amendment made in order under a special rule as printed where 
         the printed amendment did not include that reference. Manual 
         Sec. 993.

      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 Sec. Sec. 35.1, 35.2. However, an 
  amendment that raises

[[Page 58]]

  the same question by the use of different language may be admissible. 
  Deschler Ch 27 Sec. 35. An amendment similar but not identical thereto 
  may be considered if a substantive change has been made. Deschler Ch 
  27 Sec. Sec. 35.3, 35.4. Rejection of an amendment changing a figure 
  in a bill does not preclude the offering of a different amendment to 
  that provision. Deschler Ch 27 Sec. 35.21.
      An amendment in different form may be entertained even though its 
  effect may be similar to that of the rejected amendment. Deschler Ch 
  27 Sec. Sec. 35.11, 35.13. 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. 
  Similarly, 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. Deschler Ch 27 Sec. 35.17.

                       Rejection of Motion to Strike

      A motion to strike certain language having been previously 
  rejected, it may not be offered a second time. Deschler Ch 27 
  Sec. 35.22. However, a motion to strike that language and insert a new 
  provision is in order. Deschler Ch 27 Sec. 35.23. Conversely, if the 
  motion to strike and insert is rejected, the simple motion to strike 
  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 a different amount 
  and which is offered as a separate amendment. Deschler Ch 27 
  Sec. 33.16.

[[Page 59]]

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


  Sec. 45 . In General; Voting

                                 Generally

      Only amendments adopted in the Committee of the Whole are reported 
  to the House. All amendments so reported stand on an equal footing and 
  must be voted on by the House, notwithstanding inconsistencies among 
  them, and are subject to amendment in the House unless the previous 
  question is ordered. 4 Hinds Sec. Sec. 4871, 4881; 8 Cannon Sec. 2419. 
  However, under modern practice, the previous question is ordered by 
  special rule upon the rising and reporting of the Committee of the 
  Whole. Where in the unusual case 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 Sec. 36.1. Thus, if the Committee of the 
  Whole perfects a bill by adopting certain amendments and then adopts 
  an amendment striking those provisions and inserting a new text, only 
  the bill, as amended by the motion to strike and insert, is reported 
  to the House. Deschler Ch 27 Sec. Sec. 36.5, 36.13. Similarly, the 
  adoption by the Committee of an amendment striking a section of a bill 
  vitiates the Committee's prior adoption of perfecting amendments to 
  that section, so that only the motion to strike is reported to the 
  House. Deschler Ch 27 Sec. 31.2. However, 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

      Although it is a frequent practice for the House by unanimous 
  consent, to act at once--en gros--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 Sec. Sec. 4893, 4894; 8 Cannon Sec. 2419. However, 
  in the absence of a special rule providing therefor, a separate vote 
  may not be had in the House on an amendment to an

[[Page 60]]

  amendment which has been adopted by the Committee of the Whole. 
  Deschler Ch 27 Sec. 36.6. 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. Because 
  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. However, 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. Deschler Ch 27 Sec. 36.28. However, 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 61]]

                          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. 
  Manual Sec. 337; Deschler Ch 27 Sec. Sec. 36.16, 37.1. However, 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. Manual Sec. 337.
      Where 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 Speaker puts the question first on the 
  amendment on which a separate vote is demanded, then on the amendment 
  in the nature of a substitute, as amended. Deschler Ch 27 Sec. 37.6.


  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 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.

                       Rejection of Motion to Strike

      Where the Committee of the Whole adopts perfecting amendments to 
  language of a bill and then agrees to an amendment striking that 
  language, only the latter amendment is reported to the House. In the 
  event of its rejection in the House, the original language, and not 
  the perfected text, is before the House. Deschler Ch 37 
  Sec. Sec. 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 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. The House may retain a section as 
  per

[[Page 62]]

  fected in the 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. In 
  such cases the chairman of the committee reports the amendment at once 
  without awaiting committee action. 5 Hinds Sec. Sec. 5545-5547. 
  Instructions to report ``forthwith'' accompanying a motion to recommit 
  must be complied with immediately. Manual Sec. 1002b. However, it is 
  not in order to propose as instructions anything that might not be 
  proposed directly as an amendment, such as to eliminate an amendment 
  already adopted by the House, to propose an amendment that is not 
  germane to the bill, or to propose an amendment containing legislation 
  or a limitation on a general appropriation bill not in order in the 
  Committee of the Whole. Manual Sec. 1002(b); 5 Hinds Sec. Sec. 5529-
  5541; 8 Cannon Sec. Sec. 2705, 2712.
      A motion to recommit may not include instructions to modify any 
  part of an amendment previously agreed to by the House. 8 Cannon 
  Sec. Sec. 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, even where the House has adopted an amendment in the nature of 
  a substitute. Rule XIII clause 6(c) precludes the Committee on Rules 
  from reporting a rule that would prevent a motion to recommit a bill 
  or joint resolution with or without instructions if offered by the 
  Minority Leader or his designee. 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.


                   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;

[[Page 63]]

  Deschler Ch 27 Sec. 19.1. Under rule XVI clause 6, the title of a bill 
  can be amended only after the bill has been passed; and an amendment 
  in the Committee of the Whole proposing an amendment to the title is 
  not in order. Manual Sec. 922; 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.

                  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. The body of the 
  resolution is first considered and then the preamble is considered and 
  perfected. Manual Sec. 414; 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 before 
  the third reading of the resolution. 4 Hinds Sec. 3414; Deschler Ch 27 
  Sec. 19.9.
      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. 7 Cannon Sec. 1064; Deschler Ch 27 Sec. Sec. 19.11-
  19.13. 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. The motion for the 
  previous question may be applied at once to both a resolution and its 
  preamble. 105-2, Feb. 12, 1998, p ____.


                I. Amendments Containing Unfunded Mandates


  Sec. 49 . In General

      Sections 425 and 426 of the Congressional Budget Act of 1974, 
  provide a point of order against an amendment increasing the direct 
  costs of Federal intergovernmental mandates by an amount exceeding 
  certain thresholds. A point of order against an amendment is debatable 
  for 20 minutes and is thereafter disposed of, not by a ruling of the 
  Chair, but by a vote of the

[[Page 64]]

  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 XVIII clause 11; see Unfunded 
  Mandates.



[[Page 65]]

 
                           CHAPTER 3 - APPEALS

                              HOUSE PRACTICE

  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 Sec. Sec. 6877, 6938-6952
          8 Cannon Sec. Sec. 3435, 3452-3458
          Deschler-Brown Ch 31 Sec. 13
          Manual Sec. Sec. 379, 627-629, 641, 844, 902, 903

  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 and is recognized under 
  rule I clause 5, which dates from 1789. Manual Sec. Sec. 379, 627, 
  629. 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. Sec. Sec. 4, 5, infra. In 
  the Committee of the Whole, an appeal is subject to the motion to 
  limit debate or to rise and report. Manual Sec. 629.
      The vote on the appeal may be taken by record vote. 98-2, June 26, 
  1984, p 18861. A majority vote sustains the ruling appealed from. 
  Manual Sec. 971. The weight of precedent indicates that a tie vote 
  (especially where the Chair has not voted to make the tie) sustains 
  the ruling as well. 4 Hinds Sec. 4569; 5 Hinds Sec. 6957. The Chair 
  may vote to make or break a tie and

[[Page 66]]

  may cast a vote in favor of his own decision. 4 Hinds Sec. 4569; 5 
  Hinds Sec. Sec. 5686, 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. Deschler-
  Brown Ch 31 Sec. 13.2.


  Sec. 2 . When in Order

      Rule I clause 5 provides the right of appeal from decisions of the 
  Speaker on questions of order. Examples of appeals from decisions of 
  the Chair include the following:

     The priority of business. 5 Hinds Sec. 6952.
     Whether a certain motion or resolution gives rise to a 
         question of privilege. Manual Sec. 713.
     The propriety of an exhibit. Manual Sec. 622.
     Whether a Member has engaged in personalities in debate. 
         Manual Sec. 622.

      An appeal may also be taken from the ruling of the Chairman of the 
  Committee of the Whole on a question of order. Manual Sec. 971. For 
  example, an appeal may be taken from a ruling of the Chair on the 
  germaneness of an amendment or that an amendment proposes to change a 
  portion of the bill already passed in the reading. Deschler-Brown Ch 
  31 Sec. 13.7; 105-1, Sept. 25, 1997, p ____.
      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 that falls within the discretionary 
  authority of the Chair. For example, an appeal may not be entertained 
  from the following decisions:

     Chair's decision on recognition. 2 Hinds Sec. Sec. 1425-1428; 
         8 Cannon Sec. Sec. 2429, 2646, 2762.
     Chair's decision on dilatoriness of motions. 5 Hinds 
         Sec. 5731.
     Chair's count of the number rising to demand tellers, a 
         recorded vote, or the yeas and nays. Manual Sec. 629; 8 Cannon 
         Sec. 3105.
     Chair's call of a voice vote. Manual Sec. 629.
     Chair's refusal to recapitulate a vote. 8 Cannon Sec. 3128.
     Chair's count of a quorum. Manual Sec. 629.
     Chair's determination that a Member's time in debate has 
         expired. Manual Sec. 629.
     Chair's response to a parliamentary inquiry. 5 Hinds 
         Sec. 6955; 8 Cannon Sec. 3457.


[[Page 67]]



      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. Deschler-Brown Ch 31 
  Sec. 13.1.
      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, 
  such as where the underlying rule does not involve discretion on the 
  part of the Chair. Thus, the Speaker's refusal under rule XX clause 
  7(a) to entertain a point of order of no quorum when a pending 
  question has not been put to a vote is not subject to an appeal, 
  because 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. Deschler-Brown Ch 31 
  Sec. 13.5.

                       Untimely or Dilatory Appeals

      An appeal is not in order if it is dilatory. 5 Hinds 
  Sec. Sec. 5715-5722; 8 Cannon Sec. 2822. An appeal also is not in 
  order if it is untimely. An appeal is not in order:

     While another appeal is pending. 5 Hinds Sec. Sec. 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.
     From a question on which an appeal has just been decided. 4 
         Hinds Sec. 3036; 5 Hinds Sec. 6877.


  Sec. 4 . Debate on Appeal

      Appeals are customarily subject to debate, both in the House and 
  the Committee of the Whole (8 Cannon Sec. Sec. 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 debate (5 Hinds Sec. Sec. 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. 629. Debate on an appeal 
  in the Committee of the Whole is under the five-minute rule and may be 
  closed by motion to close debate or to rise and report. 5 Hinds 
  Sec. Sec. 6947, 6950; 8 Cannon Sec. Sec. 2347, 3453-3455.

[[Page 68]]

      Members may speak but once on appeal, unless by permission of the 
  House, the Chair alternating between those favoring and those 
  opposing. Manual Sec. 627; 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.


  Sec. 5 . Motions

      Although an appeal is debatable, it is normally disposed of in the 
  House without debate by a motion to lay the appeal on the table. If 
  the motion to table is adopted, the appeal is disposed of adversely 
  and the ruling of the Speaker is sustained. 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. See, e.g., 
  Manual Sec. 706. The House has tabled a motion to reconsider the vote 
  whereby an appeal from a decision of the Chair was laid on the table. 
  Deschler-Brown Ch 31 Sec. 13.16. An appeal in Committee of the Whole 
  may not be laid on the table, because 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 Sec. Sec. 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. Deschler-
  Brown Ch 31 Sec. 13.10. 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

[[Page 69]]

  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. 97-1, Nov. 17, 1981, pp 
  27772, 27773.


[[Page 71]]

 
                       CHAPTER 4 - APPROPRIATIONS

                              HOUSE PRACTICE

                              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

[[Page 72]]

              D. Authorization for Public Works

  Sec. 24. In General
  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 Before, 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

[[Page 73]]

  Sec. 49. Floor Consideration; Who May Offer

              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
  Sec. 59a. Funding Floors

                            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; Perfecting Amendments; 
  En Bloc 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

[[Page 74]]

  Sec. 73. Supplemental Appropriations
  Sec. 74. Appropriations for a Single Agency
  Sec. 75. Consideration

                 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. Sec. 7, 9
          4 Hinds Sec. Sec. 3553-4018
          7 Cannon Sec. Sec. 1116-1720
          Deschler Chs 25, 26
          Manual Sec. Sec. 143, 716, 717, 747, 853, 1035-1065, 1127, 
            1130(6)

                              I. Introductory


  Sec. 1 . In General; Constitutional Background

      Article I, section 9, clause 7 of the Constitution provides that 
  no money ``shall be drawn from the Treasury'' but in consequence of 
  appropriations made by law. 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 U.S. 308, 322 (1937).


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

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

[[Page 75]]

      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 Ch 25 Sec. 13. 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 Sec. Sec. 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, section 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.'' 62-1, The 
  Supply Bills, S. Doc. No. 872.


  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 section 3(2)(A) of the Congressional Budget 
  Act of 1974.
      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 
         departments and 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 also may be general 
         bills within the meaning of rules XIII and XXI if covering more 
         than one agency. See Sec. 73, infra.

[[Page 76]]

     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 that may be reported at any time and are privileged for 
  consideration. See Sec. 6, infra. A joint resolution continuing 
  appropriations also may be reported and called up as privileged under 
  the general rules of the House if reported after September 15 
  preceding the beginning of the fiscal year for which it is applicable. 
  See Sec. 72, infra. Other continuing appropriation measures, and 
  special appropriation bills, are not privileged and are therefore 
  considered under other procedures that give them privilege--such as a 
  unanimous-consent agreement, a special order reported from the 
  Committee on Rules, or under suspension. Deschler Ch 25 Sec. Sec. 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 follows:

      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.
      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 rule X clause 6, which provides 
  detailed provisions for the consideration of a primary expense 
  resolution and for subsequent supplemental expense resolutions. With 
  the exception of the Committee on Appropriations, the rule applies to 
  ``any committee, commission, or other entity.'' Manual Sec. 763; 
  generally, see Committees.
      Under rule XV clause 1(b), the authority of all committees, and 
  other entities, to incur expenses, including travel expenses, is made 
  contingent

[[Page 77]]

  upon adoption by the House of expense resolutions as required under 
  rule X clause 6.
      Appropriations from accounts for committee salaries and other 
  administrative expenses of the House are under the jurisdiction of the 
  Committee on House Administration. Rule X clause 1(i); Manual 
  Sec. 724. A resolution reported by that committee providing for such 
  an expenditure is called up as privileged under rule XIII clause 5(a). 
  Such a resolution, if not formally reported by the committee, may be 
  called up and agreed to by unanimous consent. Deschler Ch 17 Sec. 4. 
  In recent years the resolution, although reported as privileged, has 
  been considered under a special order of business. E.g., 105-1, Mar. 
  21, 1997, p ____.


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

      There are three processes 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 that 
  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. See Budget Process.
      In the authorization process, the legislative committees establish 
  program objectives and may set dollar ceilings on the amounts that may 
  be appropriated. Once this authorization process is complete for a 
  particular program or department, the Committee on Appropriations 
  recommends the actual level of ``budget authority,'' which allows 
  Federal agencies to enter into obligations. By waiving or not raising 
  a point of order, the House often grants consent to appropriate funds 
  for an unauthorized program. 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 (Sec. 27, 
  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

[[Page 78]]

  include the various trust funds for which the obligational authority 
  is already provided in basic law. See Sec. 9, infra. This general rule 
  is further complicated by the fact that Congress may combine 
  authorizations and appropriations into ``omnibus'' or ``consolidated'' 
  bills at the end of a fiscal year. 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 either funded by 
  provisions of the permanent laws that created them or by annual 
  appropriation Acts providing liquidating cash or other funds mandated 
  by law. 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. Manual Sec. 1045.

                      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 appropriation 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 appropriation 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-Health and Human Services-Education Departments and 
         related agencies.
     Legislative Branch.
     Military Construction.
     Transportation Department and related agencies.
     Treasury, Postal Service, and general government.

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     Veterans Affairs, Housing and Urban Development, and 
         Independent Agencies.

      The question as to just what constitutes a general appropriations 
  bill is important because rule XXI clause 2, which precludes 
  unauthorized appropriations and legislation in appropriation bills 
  applies only to general appropriation bills. Manual Sec. 1044; 
  Deschler Ch 26 Sec. 1.1; Sec. 27, infra. In the House the 13 regular 
  appropriation bills and measures providing supplemental appropriations 
  to two or more agencies are general appropriation bills. Deschler Ch 
  25 Sec. 6; Deschler Ch 26 Sec. 1.3.
      Measures that 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. Deschler Ch 25 Sec. 7.3.
     A bill providing appropriations for specific purposes. 8 
         Cannon Sec. 2285.
     A joint resolution providing an appropriation for a single 
         government agency even where permitting transfer of a portion 
         of those funds to another agency. Manual Sec. 1044.
     A joint resolution reported from the Committee on 
         Appropriations transferring appropriated funds from one agency 
         to another. Manual Sec. 1044.
     A joint resolution transferring unobligated balances to the 
         President to be available for specified purposes but containing 
         no new budget authority. Manual Sec. 1044.
     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 
  appropriation 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 Committee on Appropriations. Manual 
  Sec. Sec. 1036, 1038. The ``retrenchment'' provision is known as the 
  Holman rule and is discussed in section 46, infra.
      In practice, the concepts ``unauthorized appropriations'' and 
  ``legislation on general appropriation bills'' sometimes have been 
  applied almost

[[Page 80]]

  interchangeably as grounds for making points of order pursuant to rule 
  XXI 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 that a ``proposition changing 
  existing law'' may be construed to include the enactment of a law 
  where none exists. Deschler Ch 26 Sec. 1; see also Sec. 28, infra. The 
  two concepts are treated separately in this chapter, however, because 
  they derive from different paragraphs of rule XXI clause 2 and 
  constitute distinct restrictions on the authority of the Committee on 
  Appropriations. Manual Sec. Sec. 1036, 1038.

                            Enforcement of Rule

      As all bills making or authorizing appropriations require 
  consideration in the Committee of the Whole, it follows that the 
  enforcement of the rule must ordinarily occur during consideration in 
  the 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. Manual Sec. 1044; 4 Hinds Sec. 3811. Because portions of the 
  bill thus stricken are not reported back to the House, rule XXI clause 
  1 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, because a motion to recommit a general 
  appropriation bill may not propose an amendment in violation of the 
  rule. Deschler Ch 26 Sec. 1.4. 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. See Sec. 68, infra.


  Sec. 8 . Committee Jurisdiction and Functions

                                 Generally

      Today, under rule X clause 1(b) the House Committee on 
  Appropriations has jurisdiction over all appropriations, including 
  general appropriation bills. Manual Sec. 716. Special Presidential 
  messages on rescissions and deferrals of budget authority submitted 
  pursuant to sections 1012 and 1013 of the Impoundment Control Act of 
  1974, as well as rescission bills as defined in section 1011, are 
  referred to the Committee on Appropriations if the proposed 
  rescissions or deferrals involve funds already appropriated or 
  obligated. Manual Sec. 717. Impoundments generally, see Budget 
  Process.
      Under the Congressional Budget Act of 1974, the committee was 
  given jurisdiction over rescissions of appropriations, transfers of 
  unexpended bal

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  ances, and the amount of new spending authority to be effective for a 
  fiscal year. Rule X clause 1(b); Manual Sec. 716.

                             Committee Reports

      Under rule XIII clause 3(f), a report from the Committee on 
  Appropriations accompanying any general appropriation bill must 
  contain a concise statement describing the effect of any provision of 
  the accompanying bill that directly or indirectly changes the 
  application of existing law. Manual Sec. 847. Provisions in the bill 
  that are described in the report as changing existing law are presumed 
  to be legislation in violation of rule XXI clause 2(b), absent 
  rebuttal by the committee. Manual Sec. 1044. Rule XIII clause 3(f) 
  further requires that such reports contain a list of appropriations in 
  the bill for expenditures not previously authorized by law.


  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 appropriation 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. The funds 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. United 
  States, 142 Ct.Cl. 763 (1958).
      An appropriation in a regular appropriation Act 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.

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                         Permanent Appropriations

      A permanent appropriation is budget authority that becomes 
  available as the result of previously enacted legislation and that 
  does not require current action by Congress. Examples include the 
  appropriations for compensation of Members of Congress and the various 
  trust funds for which the obligational authority is already provided 
  in basic law. Pub. L. No. 97-51, Sec. 130(c); Appropriations, Budget 
  Estimates, Etc., S. Doc. No. 105-18, p 937.


                     B. Authorization of Appropriation


  Sec. 10 . In General; Necessity of Authorization

                                 Generally

      Rule XXI clause 2(a) prohibits the inclusion in general 
  appropriation bills of ``unauthorized'' appropriations, except for 
  ``public works and objects that are already in progress.'' Manual 
  Sec. 1036. Thus, any Member may make a point of order on the House 
  floor to prevent inclusion of an unauthorized appropriation, although 
  the House frequently waives the enforcement of the rule. See 
  Sec. Sec. 67, 68, infra.

                  Authorization to Precede Appropriation

      The enactment of authorizing legislation must occur before, 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 that is conditioned on a future authorization. Deschler Ch 
  26 Sec. Sec. 7.2, 47.4. However, where lump sums are involved, 
  language that limits use of an appropriation to programs ``authorized 
  by law'' or that permits expenditures ``within the limits of the 
  amount now or hereafter authorized to be appropriated,'' has been held 
  to insulate the provision 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 83]]

      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 
  that 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, e.g., 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 may be renewed periodically. The trend 
  toward periodic authorizations is reflected in the rule adopted in 
  1970 that requires each standing committee to ensure that 
  appropriations for continuing programs and activities will be made 
  annually ``to the maximum extent feasible,'' consistent with the 
  nature of the programs involved. Programs for which appropriations are 
  not made annually may have ``sunset'' provisions that require their 
  review periodically to determine whether they can be modified to 
  permit annual appropriations. Rule X clause 4(e); Manual Sec. 755.


  Sec. 12 . Sufficiency of Authorization

                                 Generally

      The term ``authorized by law'' in rule XXI clause 2 is ordinarily 
  construed as a ``law enacted by the Congress.'' Manual Sec. 1036. 
  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 or 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 that has been ratified 
  by both parties. 4 Hinds Sec. 3587; Deschler Ch 26 Sec. 17.9. 
  Sufficient authorization also may be found

[[Page 84]]

  in legislation contained in a previous appropriation Act that 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. Deschler Ch 26 Sec. 10.8. Organic statutes or general grants 
  of authority in law constitute sufficient authorization to support 
  appropriations only where the general laws applicable to the function 
  or department in question do not require specific or annual 
  authorizations or a periodic authorization scheme has not subsequently 
  occupied the field. Manual Sec. 1045.
      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, e.g., 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;'' 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, unless the program in question is 
  such as to fall into the category of a continuation of work in 
  progress, or unless authorizing legislation in

[[Page 85]]

  a previous appropriation Act has become permanent law. Manual 
  Sec. Sec. 1036, 1045; 7 Cannon Sec. 1150; Sec. 25, infra.

                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 that 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 also may 
  be ruled out on the ground that it is ``legislation'' on an 
  appropriation bill. See 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 Sec. Sec. 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, who must shoulder this burden of proof by citing statutory 
  authority for the appropriation. Deschler Ch 25 Sec. 9.5; Deschler Ch 
  26 Sec. 9.4. 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.

[[Page 86]]

                      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 
  point of order having been raised against the appropriation. Manual 
  Sec. 1044; Deschler Ch 26 Sec. Sec. 9.1, 9.2. 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. 1044.

                   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 Sec. Sec. 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 that 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 Sec. Sec. 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 rule XXI clause 2, the rule prohibiting 
  unauthorized appropriations. 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 87]]

      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 increasing the loan authorization for the rural 
         telephone program above the amount authorized for that purpose. 
         Deschler Ch 26 Sec. 33.3.
     A provision providing funds for the Joint Committee on Defense 
         Production in excess of the amount authorized by law. Deschler 
         Ch 26 Sec. 21.5.
     A provision containing funds in excess of amounts permitted to 
         be committed by a Federal agency for mortgage purchases. 97-2, 
         July 29, 1982, p 18636.
     An amendment en bloc transferring appropriations among objects 
         in the bill, offered under rule XXI clause 2(f), increasing an 
         appropriation above the authorized amount. Manual Sec. 1063a.

                             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 also may ``change existing 
  law'' in violation of clauses 2(b) or 2(c). Provisions that have been 
  ruled out as unauthorized under rule XXI clause 2 include:

     Appropriations for fiscal year 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.
     An appropriation 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 88]]

     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.
     A provision 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.
     A provision 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.
     A provision 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.
     An appropriation for the National Cancer Institute where a 
         lapsed periodic authorization scheme had preempted reliance on 
         an organic statute as the source of authorization. Manual 
         Sec. 1045.
     An appropriation for the President to meet ``unanticipated 
         needs.'' Manual Sec. 1045.

      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 Department of Agriculture. 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.

[[Page 89]]

                         Ruled Out as Unauthorized

     An appropriation for a celebration of the centennial of the 
         establishment of the Department of Agriculture. Deschler Ch 26 
         Sec. 11.2.
     A provision providing for the organization of a new bureau to 
         conduct investigations relating to agriculture. 4 Hinds 
         Sec. 3651.
     A provision providing for cooperation by and with State 
         agriculture investigators. 4 Hinds Sec. 3650; 7 Cannon 
         Sec. Sec. 1301, 1302.
     An appropriation 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 Sec. Sec. 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.
     An appropriation 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.
     An appropriation 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.
     An appropriation for necessary expenses of the National Bureau 
         of Standards (including amounts for the standard reference data 
         program) for fiscal year 1979. Deschler Ch 26 Sec. 12.9.

[[Page 90]]

  Sec. 18 . Defense Programs

                      Held Authorized by Existing Law

     An appropriation for paving of streets and erection of 
         warehouses incident to the establishment of a naval station. 7 
         Cannon Sec. 1232.
     An appropriation 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 March 11, 
         1941, to promote the defense of the United States. Deschler Ch 
         26 Sec. 13.3.

                         Ruled Out as Unauthorized

     An appropriation for transportation of successful candidates 
         to the Naval Academy. 7 Cannon Sec. 1234.
     An appropriation 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 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.
     An appropriation 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 streetlights or for improving streets out 
         of a special fund created by the District of Columbia Gasoline 
         Tax Act. Deschler Ch 26 Sec. Sec. 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 91]]

                         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. Deschler Ch 26 Sec. 19.2.
     A provision 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.
     A provision 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 Sec. Sec. 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.
     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 that had been 
         recommended by the Secretary of the Interior and approved by 
         the President. Deschler Ch 26 Sec. 15.30.

                         Ruled Out as Unauthorized

     An appropriation 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.
     An appropriation to the EPA to establish an independent review 
         board to review the priorities of the agency. Deschler Ch 26 
         Sec. 15.2.

[[Page 92]]

     A provision 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.
     An appropriation ``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.
     A provision 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.
     An appropriation 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 
         United States Information Agency 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.
     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.

[[Page 93]]

     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 
  Administration. The House in appropriating funds 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 even 
  though on one occasion the resolution may have been agreed to only by 
  a preceding House. 4 Hinds Sec. Sec. 3656-3658, 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. 789.
     Certain costs associated with the organizational meeting of 
         the Democratic Caucus or Republican Conference. Manual 
         Sec. 1126.
     The transfer of surplus prior-year funds to liquidate certain 
         current obligations of the House. Deschler Ch 25 Sec. 5.3.

                         Ruled Out as Unauthorized

     An increase in the total amount for salaries of Members beyond 
         that authorized. Deschler Ch 26 Sec. 21.2.
     An allowance payable to the attending physician of the 
         Capitol. 86-2, May 17, 1960, p 10447.

[[Page 94]]

     Funds for a parking lot for the use of Members and employees 
         of Congress. Deschler Ch 26 Sec. 20.3.
     Funds 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). Such propositions, whether to appropriate for salaries 
  not established by law or to increase salaries fixed by law, are out 
  of order either as unauthorized or as changing existing law. 4 Hinds 
  Sec. Sec. 3664-3667, 3676-3679; Deschler Ch 26 Sec. 43. The mere 
  appropriation for a salary for one year does not create an office so 
  as to justify appropriations in succeeding years. 4 Hinds 
  Sec. Sec. 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

     Funds for necessary expenses for a designated number of 
         officers on the active list of an agency. 98-2, May 31, 1984, p 
         14590.
     Funds 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.
     Funds for salaries and expenses of additional inspectors in 
         the U.S. Customs Service. 98-2, Aug. 1, 1984, pp 21904, 21905.
     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), unless the project can be deemed a work in progress 
  within the meaning of that rule. Deschler Ch 26 Sec. 19.13; 
  seeSec. 25, infra. An appropriation for a public work in excess of the 
  amount fixed by law, or for extending a public service beyond the 
  limits assigned by an executive officer exercising a lawful 
  discretion, is out of order. 4 Hinds Sec. Sec. 3583, 3584, 3598; 7 
  Cannon Sec. 1133.

[[Page 95]]

                      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.
     A provision appropriating certain trust funds for expenses 
         relating to forest roads and trails. Deschler Ch 26 Sec. 28.2.


  Sec. 25 . Works in Progress

      Rule XXI clause 2(a), the rule that bars appropriations not 
  previously authorized by law, provides for an exception for 
  appropriations for ``public works and objects that are already in 
  progress.'' Manual Sec. 1036. 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. An 
  appropriation for construction that is in violation of existing law, 
  which exceeds the limit fixed by law, or is governed by a lapsed 
  authorization is not permitted under the works-in-

[[Page 96]]

  progress exception of rule XXI. Manual Sec. 1048; 4 Hinds 
  Sec. Sec. 3587, 3702; 7 Cannon Sec. 1332.
      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, with actual work having been initiated. 4 
  Hinds Sec. 3706; Deschler Ch 26 Sec. 8.5. Merely selecting or 
  purchasing a site for the construction of a building is not 
  sufficient. 4 Hinds Sec. Sec. 3762, 3785. However, the fact that the 
  work has been interrupted--even for several years--does not prevent it 
  from qualifying under the works-in-progress exception of clause 2(a). 
  4 Hinds Sec. Sec. 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 term ``works and objects'' in the exception to the rule 
  prohibiting unauthorized appropriations is construed as something 
  tangible, such as a building or road. 4 Hinds Sec. Sec. 3714, 3715; 
  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 or an investigation. 4 Hinds Sec. Sec. 3714, 
  3715, 3719. The term does not extend to the ordinary duties of an 
  executive or administrative office. 4 Hinds Sec. Sec. 3709, 3713.
      Appropriations for extension or repair of an existing road (4 
  Hinds Sec. Sec. 3793, 3798), bridge (4 Hinds Sec. 3803), or public 
  building have been admitted as in continuation of a work (4 Hinds 
  Sec. Sec. 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 Sec. Sec. 3766-3773), as well 
  as additions to or extensions of existing public buildings (4 Hinds 
  Sec. Sec. 3774, 3775). However, 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 
  Sec. Sec. 3741-3750), but

[[Page 97]]

  propositions to appropriate for new buildings that were not necessary 
  adjuncts to the institution have been ruled out (4 Hinds 
  Sec. Sec. 3755-3759).
      Projects that have qualified as a work in progress under rule XXI 
  clause 2(a) include:

     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. Manual Sec. 1049.
     A continuation of aircraft experimentation and development. 
         69-1, Jan. 22, 1926, p 2623.

      Projects that have been ruled out because they did not qualify as 
  a work in progress under rule XXI clause 2(a) include:

     New Army hospitals. 4 Hinds Sec. 3740.
     A new lighthouse. 4 Hinds Sec. 3728.
     An extension of an existing road. Manual Sec. 1049.

   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

      Almost continuously since the 44th Congress, the rules have 
  contained language forbidding the inclusion in general appropriation 
  bills of language ``changing existing law.'' 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, rule XXI clause 2 provides that, with two exceptions, ``A 
  provision changing existing law may not be reported in a general 
  appropriation bill . . .'' and that ``An amendment to a general 
  appropriation bill shall not be in order if changing existing law.'' 
  The exceptions set forth in clause 2(b) are for germane provisions 
  that change existing law in a way that would ``retrench'' 
  expenditures, and for rescissions of previously enacted 
  appropriations. Manual Sec. 1038; see Sec. 46, infra.
      Language changing existing law in violation of rule XXI often is 
  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.

[[Page 98]]

      Like the rule generally prohibiting unauthorized appropriations, 
  the restriction against legislating on general appropriation bills is 
  only enforced if a Member takes the initiative to enforce it by 
  raising a point of order. See Sec. 67, infra. 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 rule XXI clause 
  2 prohibitions against legislative language. A point of order under 
  this rule does not apply to a special order reported from the 
  Committee on Rules ``self-executing'' the adoption in the House of an 
  amendment changing existing law. Manual Sec. 1044.

                           Construction of Rule

      The rule that forbids language in a general appropriation bill 
  that 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 existing 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. Manual Sec. 1053.
      Under rule XXI clause 2(c), the restriction against changing 
  existing law applies specifically to amendments to general 
  appropriation bills. Manual Sec. 1039. 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

[[Page 99]]

  burden of proving that the amendment does not change existing law. 
  Manual Sec. 1044; Deschler Ch 26 Sec. 22.29.


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

      The prohibition of rule XXI clause 2 against inclusion of a 
  ``provision changing existing law'' is construed as follows:

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

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

     The enactment of law where none exists.

      Note: The provision of the rule forbidding legislation in any 
  general appropriation bill is construed as the enactment of law where 
  none exists, such as permitting funds to remain available until 
  expended or beyond the fiscal year covered by the bill, or immediately 
  upon enactment, where existing law permits no such availability. 
  Manual Sec. 1052; 4 Hinds Sec. Sec. 3812, 3813.

     The repeal of existing law. 7 Cannon Sec. 1403; Deschler Ch 26 
         Sec. Sec. 24.1, 24.7.
     A waiver of a provision of existing law. Manual Sec. 1052; 
         Deschler Ch 26 Sec. Sec. 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'' or ``without regard to [sections of] the Revised 
  Statutes.'' Deschler Ch 26 Sec. Sec. 24.8, 26.6.


  Sec. 29 . Imposing Contingencies and Conditions

                      Generally; Conditions Precedent

      Provisions making an appropriation contingent on a future event 
  are often presented in appropriation bills. Manual Sec. 1053. 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 (for 
  example, to report) where none exist under law? See Sec. 31, infra.
      Precedents discussed in sections 29-31, relating to 
  ``conditions,'' could in many instances be cited under the discussion 
  in sections 20-59a, relating

[[Page 100]]

  to ``limitations.'' Language imposing a ``negative restriction'' is 
  not a proper limitation and constitutes ``legislation,'' if it creates 
  new law or requires positive determinations and actions where none 
  exist in law. See 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 Sec. Sec. 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 under 
  rule XXI clause 2(b) or (c) to a point of order. Language that has 
  been ruled out pursuant to this rule include:

     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.
     A provision 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 that 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 that denied the use of funds not subject to audit 
         ``as provided by law'' was offered and adopted.)
     A provision 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.
     A provision 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.
     A provision 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.

[[Page 101]]

     An amendment containing certification requirements and 
         mandating certain contractual provisions as a condition to the 
         receipt of funds. Manual Sec. 1054.


  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 
  rule XXI clause 2 to require the submission of reports to a committee 
  of Congress where existing law does not require that submission. 
  Manual Sec. 1054. Thus, an amendment to a general appropriation bill 
  precluding the 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. 1053; 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, such as to require it to promulgate 
  regulations to limit the use of an appropriation. Manual Sec. 1055. As 
  such, 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 rule XXI 
  clause 2. 103-1, May 26, 1993, p 11317-19.

[[Page 102]]

      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.
     A provision 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. Manual Sec. 1055.
     An amendment changing a permanent appropriation in existing 
         law to restrict its availability until all general 
         appropriation bills are presented to the President. Manual 
         Sec. 1055.
     An amendment limiting funds in the bill for certain 
         peacekeeping operations unless authorized by Congress. 103-2, 
         June 27, 1994, p 14613.
     A provision restricting certain District of Columbia funds 
         unless appropriated by Congress where existing law allowed use 
         without congressional approval. Manual Sec. 1055.


  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. Manual 
  Sec. 1055. Thus, although 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 include:

     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.
     A provision 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 provision 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.

[[Page 103]]

     An amendment providing that no part of the appropriation shall 
         be used for land acquisition for airport access roads until the 
         Federal Aviation Administration 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.
     A provision 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.
     An amendment requiring a determination of ``successor agency'' 
         status. Manual Sec. 1054.
     An exception to a limitation on funds requiring determinations 
         of ``equivalence'' of health benefits plans. Manual Sec. 1054.


  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 as long as the description is 
  precise and does not change that authority in any respect. Deschler Ch 
  26 Sec. 23.1. However, 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 that does not limit or restrict the use or expenditure of 
  funds in the bill, but that directs the way in which provisions in the 
  bill must be interpreted or construed, is legislation. Deschler Ch 26 
  Sec. 25.15. 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. Manual Sec. 1054; 4 Hinds 
  Sec. Sec. 3936-3938. Provisions that have been ruled out pursuant to 
  this rule include:

     A provision 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 Sec. Sec. 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.

[[Page 104]]

     A provision stating that a limitation on funds in the pending 
         appropriation bill 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. Manual Sec. 1055.
     An amendment that 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 31709.

                Incorporation by Reference to Existing Law

      An amendment to a general appropriation bill that 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 subject to the provisions of that law. 94-2, 
  June 24, 1976, pp 20414, 20415. Other provisions ruled out for the 
  same reason include:

     A provision 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.
     A provision 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 prohibition of rule XXI clause 2 against a provision changing 
  existing law has been applied to a wide variety of proposals. A 
  sampling of these provisions, classified by subject matter, is 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.

[[Page 105]]

                      Provisions Relating to Commerce

     A provision 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.
     A provision providing that functions necessary to the 
         compilation of foreign trade statistics be performed in New 
         York instead of Washington, DC. Deschler Ch 26 Sec. 40.4.

                  Provisions Relating to Foreign Affairs

     A provision 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.
     An amendment requiring a determination of a ``successor 
         agency'' to the Palestine Broadcasting Corporation. Manual 
         Sec. 1054.

                 Provisions Relating to Federal Employment

     A provision changing the compensation received by government 
         employees under the law. 4 Hinds Sec. Sec. 3871, 3881.
     A proposition to increase the number of employees fixed by 
         law. 7 Cannon Sec. 1456; Deschler Ch 26 Sec. 43.13.
     A provision authorizing a change in the manner of appointment 
         of clerks. 4 Hinds Sec. 3880.
     A provision permitting an executive official to delegate to an 
         administrative officer the authority to make appointments of 
         certain personnel. Deschler Ch 26 Sec. 45.5.
     A provision authorizing the Secretary of Defense to adjust the 
         wages of certain civilian employees. Manual Sec. 1054.
     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.
     A provision 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.
     A provision 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.

[[Page 106]]

     Provisions Relating to Congressional Employment and Compensation

     A provision increasing or providing additional salary to 
         Members of Congress. Deschler Ch 26 Sec. Sec. 44.1, 44.2.
     A provision 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.
     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.
     A provision mandating that House offices institute a waste 
         recycling program. 106-1, June 10, 1999, p ____.

         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.
     A provision 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 provision 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. Manual 
  Sec. 1056; Deschler Ch 26 Sec. 77.2. It is in violation of rule XXI 
  clause 2 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. Manual Sec. 1057. Language directing that 
  funds in the bill

[[Page 107]]

  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.
      The Committee on Appropriations may report a limitation on the 
  availability of funds within the reported bill. However, 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 rule XXI clause 2. 103-1, Sept. 23, 
  1993, p 22203.
      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 Sec. Sec. 3865-3867. 
  Similarly, a provision 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 rule XXI clause 2. 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. Manual Sec. 1057. 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 or permit an increase in 
  Members' office allowances only ``if requested in writing.'' Also, it 
  may not mandate reductions in various appropriations by a variable 
  percentage calculated in relation to ``overhead.'' Manual Sec. 1054. A 
  proposal to designate an appropriation as ``emergency spending'' 
  within the meaning of the budget-enforcement laws is fundamentally 
  legislative in character. Manual Sec. 1052.

                   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 Sec. Sec. 35.1, 35.2. Thus, 
  language in a bill providing funds for an agricultural project, for 
  which funding had been authorized from the re

[[Page 108]]

  ceipts 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. Deschler Ch 26 Sec. 28.2. A provision 
  providing that airport funding be derived from a certain source, 
  thereby changing the source and method of funding under existing law, 
  was held to constitute legislation. 106-1, June 23, 1999, p ____.
      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.

              Changing Allotment Formulas; Setting Priorities

      A provision in a general appropriation bill that changes the 
  legislative formula governing the allotment of funds to recipients is 
  legislation on an appropriation bill in violation of rule XXI clause 
  2. Manual Sec. 1056; Deschler Ch 26 Sec. 36.10. 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 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. Similarly, 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.
      However, where existing law prescribes a formula for the 
  allocation of funds among several categories, an amendment merely 
  reducing the amount earmarked for one of the categories is not 
  legislation, as long as it does not textually change the statutory 
  formula. Manual Sec. 1057.


  Sec. 35 . Affecting Funds in Other Acts

                                 Generally

      Language in a general appropriation bill that is applicable to 
  funds appropriated in another Act may constitute legislation under 
  rule XXI clause 2. Deschler Ch 26 Sec. 30.10. Thus, an amendment to an 
  appropriation bill

[[Page 109]]

  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

      Under rule XXI clause 2(b), the Committee on Appropriations may 
  report in a general appropriation bill ``rescissions of appropriations 
  contained in appropriation Acts.'' However, under rule XXI clause 
  2(c), an amendment to a general appropriation bill may not change 
  existing law, as by rescinding an appropriation contained in another 
  Act or by rescinding contract authority. Manual Sec. 1052; 103-1, May 
  26, 1993, p 11310.


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

      A provision in a general appropriation bill that authorizes an 
  official to transfer funds among appropriation accounts in the bill 
  changes existing law in violation of rule XXI clause 2 by including 
  language conferring new authority. However, direct transfers of 
  appropriations within the confines of the same bill are normally 
  considered in order. 7 Cannon Sec. 1468; Deschler Ch 26 Sec. 29. Such 
  a direct transfer may not include legislative language, such as 
  requiring the approval of an official. In addition, the transfer of an 
  appropriation for a purpose authorized to be carried out by a 
  specified agency may not be transferred to another agency, even within 
  the same bill. The following illustrations may clarify these 
  distinctions. The first illustration would be held in order; the 
  remaining illustrations would not be held in order:

     $500,000 is hereby transferred from the Capital Improvement 
         and Maintenance appropriation to the State and Private Forestry 
         appropriation.
     Funds appropriated in title III of this Act for the Department 
         of Defense Pilot Mentor-Protege Program may be transferred to 
         any other appropriation contained in this Act.
     Not to exceed 1 percent of any discretionary funds (pursuant 
         to the Balanced Budget and Emergency Deficit Control Act of 
         1985, as amended) that are appropriated for the Department of 
         Education in this Act may be transferred between 
         appropriations.
     $500,000 shall be transferred from the Capital Improvement and 
         Maintenance appropriation to the State and Private Forestry 
         appropriation upon approval of the Director of the Office of 
         Management and Budget.
     $500,000 for repair of the official residence of the Vice 
         President shall be transferred from the General Services 
         Administration [only agency authorized by law to carry out such 
         repair] to any department or agency for expenses of carrying 
         out such activity.

      A provision in an appropriation bill may permit certain funds to 
  be available ``interchangeably'' for expenditure for various 
  authorized pur

[[Page 110]]

  poses. Deschler Ch 26 Sec. 29.8. Similarly, 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.
      See also Sec. 63, infra, for a discussion of amendments permitted 
  to be offered en bloc under rule XXI clause 2(f) that only transfer 
  appropriations among objects in the bill.


  Sec. 37 . -- Transfer of Previously Appropriated Funds

      Language in an appropriation bill that 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 also may 
  constitute a reappropriation of unexpended balances in violation of 
  clause 2(a) (Deschler Ch 26 Sec. 30.20). For a discussion of 
  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 
  Sec. Sec. 30.16, 30.25.


  Sec. 38 . Making Funds Available Before, 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. As such, it is not in order in a 
  general appropriation bill to provide that funds therein are to be 
  available beyond the fiscal year covered by the bill unless the 
  authorizing law permits that availability. Deschler Ch 26 
  Sec. Sec. 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 
  Act 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.

[[Page 111]]

      Provisions in appropriation bills that have been ruled out under 
  rule XXI clause 2 on a point of order include:

     A provision appropriating 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.
     A provision making fees and royalties collected pursuant to 
         law available beyond the current fiscal year. Deschler Ch 26 
         Sec. 32.9.
     A provision appropriating funds for a census available beyond 
         the time for which it was originally authorized. Deschler Ch 26 
         Sec. 22.2.
     A provision appropriating funds 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.
     A provision appropriating 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 stating that the funds shall be 
  immediately available--that is, before the start of the fiscal year 
  covered by the bill--is subject to a point of order. A prior ruling 
  permitting immediate availability has been superseded by more recent 
  rulings proscribing such immediate availability. Manual Sec. 1052; 7 
  Cannon Sec. Sec. 1119, 1120. Making funds available in an earlier 
  fiscal period also may have implications under the Congressional 
  Budget Act of 1974.


  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. Manual 
  Sec. 1052. 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 rule XXI clause 2. Deschler Ch 26 Sec. Sec. 32.1, 32.2, 
  32.10. 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 provided that funds for public

[[Page 112]]

  building construction shall remain available until the completion of 
  the work. Deschler Ch 26 Sec. 32.1.

    Authority of Committee on Appropriations to Confine Expenditure to 
                            Current Fiscal Year

      Although authorizing legislation sometimes provides that funds 
  authorized therein shall ``remain available until expended,'' the 
  Committee on Appropriations has never been required, when 
  appropriating funds for those purposes, to specify that such funds 
  must remain available until expended. Indeed, the Committee on 
  Appropriations 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 Sec. 38.1. Provisions in appropriation bills that 
  have been ruled out under this rule include 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 non-Federal 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.

[[Page 113]]

                 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. Manual Sec. 1055; 4 Hinds 
  Sec. Sec. 3854-3859; Deschler Ch 26 Sec. 52. The extra duties that may 
  invalidate an amendment as being ``legislation'' are duties not now 
  required by law. The fact that they may be presently in effect, as 
  required for present and prior years in annual appropriation Acts, 
  does not protect an amendment from a point of order under rule XXI 
  clause 2. 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 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. Deschler Ch 26 Sec. 59.19.
     To make evaluations of propriety and effectiveness. Manual 
         Sec. 1054.
     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. For example, 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. However, language in a general

[[Page 114]]

  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. For example, a provision requiring the Commissioner 
  of Indian Affairs to report to Congress all interchanges of 
  appropriations was ruled out as legislation. Deschler Ch 26 Sec. 52.9.


  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. 
  Manual Sec. 1044; 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 rule XXI clause 2, 
  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. Deschler Ch 26 Sec. 52.


  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 exist

[[Page 115]]

  ing 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. Manual Sec. 1055; 4 Hinds Sec. Sec. 3848-3852; 7 
  Cannon Sec. 1437. 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 that 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. Deschler Ch 26 Sec. 59.20. Although 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 that restricts not the funds but the discretionary authority 
  of a Federal official administering those funds may be ruled out as 
  legislation. Manual Sec. 1054; Deschler Ch 26 Sec. 51.14.
      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 also may 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. 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 that 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. However, where existing law gives an agency

[[Page 116]]

  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. 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 may not be 
  considered as imposing upon him any additional burdens and is in 
  order. 90-2, June 11, 1968, p 16712. In the 105th Congress, rule XXI 
  clauses 2(b) and 2(c) were amended to render legislation a provision 
  that conditions the availability of funds on certain information not 
  required by existing law on being ``made known'' to an executive 
  official, overruling 7 Cannon Sec. 1695. Manual Sec. 1054. 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, p 19699. 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 Sec. Sec. 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 
  Sec. Sec. 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 to be legislation on an appropriation bill and not in order. 
  Deschler Ch 26 Sec. 37.8.

                           Waiving Contract Law

      Language in a general appropriation bill that waives the 
  requirements of existing law as to when certain contracts may be 
  entered into may be

[[Page 117]]

  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 advertising 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 Sec. Sec. 22.14, 24.4. This is so notwithstanding rule X clause 
  1(b), which gives the Committee on Appropriations jurisdiction over 
  rescissions of appropriations (as distinguished from rescission of 
  contract authority) (Deschler Ch 26 Sec. 24.4 (note)) and rule XXI 
  clause 2(b), which permits rescissions of appropriations contained in 
  appropriation Acts.
      The rulings in this section should be considered in the light of 
  section 401(a) of the Congressional Budget Act, which precludes 
  consideration of measures reported by legislative committees providing 
  new contract authority, new authority to incur certain indebtedness, 
  or new credit authority, unless the measure also provides that such 
  authority is to be effective ``only to such extent or in the amounts 
  provided in advance 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.

[[Page 118]]

                     D. The Holman Rule; Retrenchments


  Sec. 46 . In General; Retrenchment of Expenditures

                                 Generally

      Rule XXI clause 2(b), which precludes the use of language changing 
  existing law in a general appropriation bill, makes an exception for 
  ``germane provisions that retrench expenditures by the reduction of 
  amounts of money covered by the bill'' as reported. 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. 1038.
      Decisions under the Holman rule have been rare in the modern 
  practice of the House. Manual Sec. 1062. The rule applies to general 
  appropriation bills only and is not applicable to funds other than 
  those appropriated in the pending bill. 7 Cannon Sec. Sec. 1482, 1525. 
  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. 1062.

                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 in Sec. Sec. 50-59a, 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. An amendment that does not show a reduction on its face 
  and that is merely speculative is not in order under the rule. Manual 
  Sec. 1062.
      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 
  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. 1062. 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.

[[Page 119]]

      It has been said that the Holman rule should be strictly construed 
  in order to avoid the admission of ineligible legislative riders under 
  the guise of a retrenchment. 7 Cannon Sec. 1510.


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

      Rule XXI clause 2, the Holman rule, although permitting certain 
  retrenchment provisions as an exception to the prohibition against 
  legislation in appropriation bills, requires that such provisions be 
  germane. Manual Sec. 1038. 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, 
  because it went to funds other than those carried therein, and was 
  therefore not within the Holman rule exception. Manual Sec. 1062. 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.


  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 Committee on 
  Appropriations for discretionary inclusion in the reported bill. 
  Manual Sec. Sec. 1038, 1062.


  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

[[Page 120]]

  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. 1040; generally, see Sec. 64, infra.


              IV. Limitations on General Appropriation Bills


  Sec. 50 . In General; When in Order

                                 Generally

      Although 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 decline 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 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.
      The following tests are applied to determine whether language in 
  an appropriation bill or amendment thereto constitutes a permissible 
  limitation:

     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. See 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?

[[Page 121]]

      Note: A limitation that changes the duties imposed by law on an 
  executive officer in the expenditure of appropriated funds is not in 
  order. See 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 under rule XXI clause 2(c). 
  Manual Sec. 1039.

  7 Cannon Sec. 1706; Deschler Ch 26 Sec. 64.

      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. Manual Sec. 1053.
      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 not offered (by the Majority 
  Leader or his designee) or is rejected. Rule XXI clause 2(d) permits 
  consideration at this time of amendments proposing limitations not 
  contained or authorized in existing law or proposing germane 
  amendments that retrench expenditures. For a discussion of 
  retrenchment of expenditures, see Sec. 46, supra.

                   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 Sec. Sec. 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.'' Manual Sec. 1043.
      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. In case of

[[Page 122]]

  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

      Although 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, during consideration of an army appropriation bill in 1931, 
  an amendment was allowed that 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 that are authorized by law and for which Congress may or may 
  not appropriate as it sees 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

      Tax and tariff measures fall within the jurisdiction of the 
  Committee on Ways and Means under rule X clause 1(s). Manual Sec. 741. 
  Under rule XXI clause 5(a), such measures may not be reported by any 
  committee not having jurisdiction thereof. In the 108th Congress, 
  clause 5(a) was amended to include in the definition of a tax or 
  tariff measure an amendment proposing a limitation on funds in a 
  general appropriation bill for the administration of a tax or tariff. 
  This change establishes a different standard for determining a 
  violation of this rule by an amendment to a reported general 
  appropriation bill than for a provision in the bill itself. For an 
  amendment, the Chair needs to find merely a textual relationship 
  between the amendment and the administration of a tax or tariff. 108-
  1, Jan. 7, 2003, p ____. For a provision reported in the bill, the 
  Chair must find that the provision inevitability and with certainty 
  impacts revenue collections or tax statuses or liabilities. Manual 
  Sec. 1066. For example, a limitation on the use of funds reported 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, where it is shown that the imposition of the 
  restriction on Internal Revenue Service (IRS) funding for the fiscal 
  year would preclude the

[[Page 123]]

  IRS from collecting revenues otherwise due and owing by law, or where 
  the limitation would inevitably affect revenue collections by the 
  Customs Service. Manual Sec. 1066.


  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 that would have to be 
  accounted for separately in carrying out the limitation. Manual 
  Sec. 1053.

                       ``Not To Exceed'' Limitations

      Language that an expenditure ``is not to exceed'' a certain amount 
  is permissible. Deschler Ch 26 Sec. 67.36. However, 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 
  rule XXI clause 2(a) that the funds are not authorized by law. Manual 
  Sec. 1044.

                      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. However, a limitation may be drafted in such a way as to place a 
  ceiling on the total amount to be expended by all agencies covered by 
  the bill. Deschler Ch 26 Sec. Sec. 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 fewer 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. Manual Sec. 1057.

[[Page 124]]

  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 that is strictly limited to 
  funds appropriated in the bill, and that 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:

     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.
     To implement any plan to invade North Vietnam. Deschler Ch 26 
         Sec. 70.1.
     To operate and maintain 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.
     To pay for work on which naval prisoners were employed in 
         preference to registered laborers and mechanics. 7 Cannon 
         Sec. 1646.
     To pay for salaries or compensation for legal services in 
         connection with any suit to enjoin labor unions from striking. 
         7 Cannon Sec. 1638.
     To pay for agriculture commodity programs under which payments 
         to any single farmer would exceed a certain dollar amount. 
         Deschler Ch 26 Sec. 67.33.
     To expand court facilities at Flint, Michigan Deschler Ch 26 
         Sec. 69.6.
     To disseminate market information over government-owned or -
         leased wires serving privately owned newspapers, radio, or 
         television. Deschler Ch 26 Sec. 67.9.

      In the 108th Congress, rule XXI clause 5(a) was amended to include 
  in the definition of a tax or tariff measure an amendment proposing a 
  limitation on funds in a general appropriation bill for the 
  administration of a tax or tariff. For a discussion of the standard 
  for a limitation contained in an amendment to a reported general 
  appropriation bill as opposed to the standard for a provision in the 
  bill itself, see Sec. 50, supra.

                           Partial Restrictions

      An amendment to a general appropriation bill that 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,

[[Page 125]]

  1969, p 20329. Although 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 the remainder. Manual Sec. 1053. 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, 
  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

[[Page 126]]

  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 against 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

      Although 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. Such a provision may be 
  ruled out as legislation on a general appropriation bill in violation 
  of rule XXI clause 2. Manual Sec. 1054. 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.

                    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, or to make evaluations of propriety and effectiveness 
  not required to be made by existing law. Manual Sec. 1054. Language 
  requiring new determinations by Federal officials is subject to a 
  point of order regardless of whether or not State officials 
  administering the Federal

[[Page 127]]

  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, because 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 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.
     A provision 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. Deschler Ch 26 Sec. 56.1.
     An amendment providing that no part of the appropriation could 
         be used to make grants or loans to any country that 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.
     A provision providing funds for grants to States for 
         unemployment compensation ``only to the extent that the 
         Secretary finds necessary.'' Deschler Ch 26 Sec. 52.14.
     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 that 
         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.

[[Page 128]]

     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 businesses 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 funds are used 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 because the amendment required the executive branch to 
  determine what constitutes ``conniving'' in 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.
      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. Similarly, a 
  paragraph prohibiting the use of funds to perform abortions except 
  where the mother's life would be endangered if the fetus were carried 
  to term (or where the pregnancy was a result of rape or incest) was 
  held to impose new affirmative duties. Manual Sec. 1055.
      In 1984, a paragraph denying use 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 rule XXI clause 2(c). 98-2, May 31, 1984, p 
  14590.

[[Page 129]]

       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 that 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. Manual Sec. 1061; Deschler 
  Ch 26 Sec. 71.2. 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. Deschler Ch 26 Sec. 61.21.
      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) and in the Manual Sec. 1055, rule 
  XXI clauses 2(b) and 2(c) were amended in the 105th Congress to render 
  legislation a provision that conditions the availability of funds on 
  certain information not required by existing law on being ``made 
  known'' to an executive official, overruling 7 Cannon Sec. 1695.

                  Imposing Duties on Non-Federal 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 that is not otherwise required by existing law. 81-1, Mar. 30, 
  1949, p 3531; 99-1, July 25, 1985, p 20569; Deschler Ch 26 Sec. 53 
  (note).

[[Page 130]]

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

                      Duty of Statutory Construction

      Although 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. Similarly, 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 or to provide how existing 
  laws, rules, and regulations should be construed in carrying out the 
  limitation. Also, it is not 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. Manual 
  Sec. Sec. 1054, 1056.

               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 implementation. 92-1, Nov. 17, 1971, p 
  41838. Similarly, 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.

[[Page 131]]

  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. Manual Sec. 1055.
     To impose additional duties on an executive officer and to 
         make the appropriation contingent upon the performance of such 
         duties. Manual Sec. 1055.
     To condition the use of such funds on the performance of a new 
         duty not expressly required by law. Manual Sec. 1054.

      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 that imposed a duty 
  on a Federal official to determine the extent of such obligations. 
  Deschler Ch 26 Sec. 59.16.
      In one 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 rule XXI 
  clause 2. 100-2, May 25, 1988, p 12270. However, the imposition of 
  certain incidental burdens on executive officials will not destroy the 
  character of the limitation as long as those duties--such as 
  statistical comparisons and findings of residence and employment 
  status--are already mandated by law. Manual Sec. 1053.
      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 rule XXI clause 2 
  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. Manual Sec. 1053.
      A conditional limitation in a general appropriation bill also is 
  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 but 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. For a discussion of conditions as legislation on appropriation 
  bills generally, see Sec. 29, supra.

[[Page 132]]

                           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 include:

     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 that changes existing law. Manual Sec. 1054. 
  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. However, such a limitation may be subject to a 
  point of order if 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.
      Language in an appropriation bill that 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.

[[Page 133]]

  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 Sec. Sec. 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. Other exceptions to limitations in general 
  appropriation bills that have been held in order include:

     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.
     A provision excepting a limitation on funds for food stamp 
         assistance for certain households eligible for general 
         assistance from a local government. Deschler Ch 26 Sec. 64.15.
     A provision excepting a limitation on funds for the Office of 
         Personnel Management to enter contracts for health benefit 
         plans that excepted certain specified coverage and plans. 
         Manual Sec. 1054.

      Exceptions to limitation amendments that 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. Manual Sec. 1054. However, an exception from 
  a limitation may include language precisely descriptive of authority 
  provided in law as 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

      Although 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 that no part of the appropriation shall go to 
  recipients lacking certain qualifications. Manual Sec. 1059; 7 Cannon 
  Sec. 1655; 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. 
  Deschler Ch 26 Sec. 64.15. It is likewise in order to deny the 
  availability of funds in the bill to an office that fails to satisfy 
  certain factual criteria, as long as

[[Page 134]]

  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.
      Limitations relating to the qualifications of recipients that have 
  been held in order include:

     A provision limiting 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 that 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. Deschler Ch 26 Sec. 53.4. Such an 
  amendment is legislation if it requires a Federal official to 
  subjectively evaluate the propriety or nature of individual conduct. 
  96-2, Sept. 16, 1980, p 25604. Provisions ruled out of order as 
  requiring additional determinations include:

     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. Manual 
         Sec. 1054.
     An amendment requiring an agency to investigate and determine 
         whether a person or entity entering into a contract with funds 
         under the pending bill is subject to a legal proceeding 
         commenced by the Federal government and alleging fraud. Manual 
         Sec. 1054.

[[Page 135]]

  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 Sec. Sec. 27.2, 27.7, 27.8, 27.12, 27.16. 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 Sec. Sec. 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. Manual Sec. 1053.
      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 include:

     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.
     A provision limiting the appropriation contained ``in this or 
         any other act'' to a certain purpose. Deschler Ch 26 
         Sec. 27.20.
     A provision providing that no part of ``any appropriation'' 
         shall be used for a specified purpose. Deschler Ch 26 
         Sec. 27.18.
     An amendment providing that ``no appropriation heretofore 
         made'' be used for a certain purpose. Deschler Ch 26 
         Sec. 27.21.
     An amendment declaring that ``hereafter no part of any 
         appropriation'' shall be available for certain purposes. 
         Deschler Ch 26 Sec. Sec. 27.16, 27.25.
     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.


  Sec. 59a . Funding Floors

                   Transportation Obligation Limitations

      Section 8101(3) of the Transportation Equity Act for the 21st 
  Century (Pub. L. No. 105-178) added rule XXI clause 3, which precludes 
  consideration of a measure that would cause obligation limitations to 
  be below the level for any fiscal year set forth in section 8103 of 
  the Transportation Equity Act for the 21st Century, as adjusted, for 
  the highway category or the mass transit category, as applicable. 
  Manual Sec. 1064. The Omnibus Consolidated and Emergency Supplemental 
  Appropriations Act, 1999 (sec. 108, div. C, Pub. L. No. 105-277; 112 
  Stat. 2681-586), included the following provi

[[Page 136]]

  sion: ``Sec. 108. For the purpose of any rule of the House of 
  Representatives, notwithstanding any other provision of law, any 
  obligation limitation relating to surface transportation projects 
  under section 1602 of Pub. L. No. 105-178 shall be assumed to be 
  administered on the basis of sound program management practices that 
  are consistent with past practices of the administering agency 
  permitting States to decide High Priority Project funding priorities 
  within State program allocations.'' Clause 3 and the cited law should 
  be read together, notwithstanding subsequent readoption of clause 3, 
  because the two are not mutually inconsistent.

                       Funding for Aviation Programs

      Section 106 of the Wendell H. Ford Aviation Investment and Reform 
  Act for the 21st Century (Pub. L. No. 106-181) added a provision 
  establishing points of order to guarantee a certain level of budget 
  resources available from the Airport and Airway Trust Fund each fiscal 
  year through fiscal year 2003, to restrict the uses of those 
  resources, and to guarantee a certain level of appropriations. The 
  chairmen of the Committee on Rules and the Committee on Transportation 
  and Infrastructure inserted in the Congressional Record correspondence 
  concerning points of order established in this section. Manual 
  Sec. 1064a; 106-2, Mar. 15, 2000, p ____.


                            V. Reappropriations


  Sec. 60 . In General

                    Generally; Transfers Distinguished

      A restriction against the inclusion of reappropriations in general 
  appropriation bills is set forth in rule XXI clause 2(a). Manual 
  Sec. 1037. Reappropriations are to be distinguished from transfers of 
  funds, which are permitted under some circumstances. See Sec. Sec. 36, 
  37, supra.
      Before enactment of the Legislative Reorganization Act of 1946, 
  provisions that 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, rule XXI clause 2(a) precludes the 
  reappropriation of unexpended balances in a general appropriation bill 
  or amendment thereto. Manual Sec. 1037. The rule specifically excludes 
  (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 appro

[[Page 137]]

  priated. Manual Sec. 1037. As to what constitutes a public work in 
  progress under rule XXI clause 2, see Sec. 26, supra.
      Rule XXI clause 2(a) 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. 1037. 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. Manual Sec. 1044.

                  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 2(a). 
  Deschler Ch 25 Sec. 3.2. A provision transferring previously 
  appropriated funds to extend their availability and to merge them with 
  current-year funds is likewise in violation of clause 2(a). 98-1, Oct. 
  26, 1983, pp 29416, 29417. Unless permitted under one of the 
  exceptions specified in clause 2, the reappropriation is subject to a 
  point of order, even though the funds are sought for the same purpose 
  as the original appropriation and the original appropriation was 
  authorized in law. Manual Sec. 1063; Deschler Ch 25 Sec. 3.3.

                 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 2(a) is not applicable to appropriation bills when the 
  reappropriation language is identical to legislative authorization 
  language enacted subsequent to the adoption of the rule, because 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. Such bills may be reported ``at any 
  time'' under

[[Page 138]]

  rule XIII clause 5. Manual Sec. 853; see also 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. 853. 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. Consideration of a privileged appropriation bill is 
  subject to a three-day layover requirment. Sec. 62, infra.
      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; see also Sec. 75, infra.
      Under rule XX clause 10, the yeas and nays are automatically 
  ordered when the Speaker puts the question on final passage or 
  adoption of any bill, joint resolution, or conference report making 
  general appropriations. Manual Sec. 1033.

             Prior Consideration in the Committee of the Whole

      All bills that make appropriations--indeed all proceedings 
  ``directly or indirectly making appropriations''--require 
  consideration first in the Committee of the Whole, and a point of 
  order may be made under rule XVIII clause 3 at any time before the 
  consideration of a bill has commenced. Manual Sec. 973. Filing an 
  appropriation bill ``as privileged'' permits a later privileged motion 
  under rule XVIII clause 4(b) that the House resolve itself into the 
  Committee of the Whole for the purpose of considering the bill. Manual 
  Sec. 977.
      To require consideration in the Committee of the Whole under rule 
  XVIII clause 3, a bill must show on its face that it falls within the 
  requirements of the rule. 4 Hinds Sec. Sec. 4811-4817; 8 Cannon 
  Sec. 2391. Where the expenditure is a mere matter of speculation (4 
  Hinds Sec. Sec. 4818-4821), or where the bill might involve a charge 
  on the Treasury but does not necessarily do so (4 Hinds 
  Sec. Sec. 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 Sec. Sec. 2386, 2391. However, where a 
  bill sets in motion a train of circumstances destined ultimately to 
  involve Treasury expenditures, it must be considered in the 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 
  Sec. Sec. 4793, 4794. Indeed, the rule applies to any portion of a 
  bill requiring an

[[Page 139]]

  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). 91-2, June 24, 1970, p 21239. 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. 89-1, July 28, 1965, p 18578; 89-1, Oct. 13, 
  1965, p 26881.


  Sec. 62 . When Bills May Be Considered

      The privilege given to general appropriation bills is subject to 
  the requirement of rule XIII clause 4 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). Manual Sec. Sec. 850-852. 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 is counted, but not 
  both. Manual Sec. 850.
      The three-day layover requirement may be waived by unanimous 
  consent or pursuant to the adoption of a special rule from the 
  Committee on Rules.


  Sec. 63 . Debate; Consideration of Amendments; Perfecting Amendments; 
            En Bloc Amendments

                     Generally; Perfecting Amendments

      Under rule XVIII clause 5(a), 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. 
  Manual Sec. Sec. 978, 980. General appropriation bills are read for 
  amendment by paragraph--unless a special rule provides otherwise--
  whereas bills appropriating funds for a specific purpose are read by 
  sections. 4 Hinds Sec. Sec. 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. 
  Deschler-Brown Ch 29 Sec. 19.4. Amendments are in order only to the 
  paragraph just read, not to the entire subject matter under a heading 
  in the bill. Deschler

[[Page 140]]

  Ch 25 Sec. 11.9. An amendment to a paragraph that has been passed 
  during the reading of the bill may be offered only by unanimous 
  consent. Deschler Ch 25 Sec. 11.13. 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. See Amendments.
      Where an initial subparagraph in a general appropriation bill 
  appropriates an aggregate amount from a special fund for specific 
  projects that are delineated and separately funded in subsequent 
  subparagraphs, 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, pp 17272, 17273, 17277 (reversing a 
  ruling at 98-2, Nov. 30, 1982, p 28066).

                            En Bloc Amendments

      Under rule XXI clause 2(f), en bloc amendments proposing only to 
  transfer appropriations among objects in the bill, without increasing 
  the levels of budget authority or outlays in the bill, 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. The burden of proof is on the proponent of the amendment to 
  show the en bloc amendment does not increase the levels of budget 
  authority or outlays. Manual Sec. 1063a.

                        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 rule 
  XXI clause 2(c), be offered in the Committee of the Whole during the 
  reading of a general appropriation bill for amendment. Manual 
  Sec. Sec. 1039, 1043. 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.'' Manual 
  Sec. 1043.

[[Page 141]]

    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 only (1) when reading of the 
  bill has been completed and (2) 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. Sec. 1040, 
  1043. 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. After the bill has been read, the 
  motion that the Committee of the Whole rise and report the bill to the 
  House with the amendments adopted takes precedence over any other 
  amendment. Manual Sec. 1043. Under clause 2(d), an amendment proposing 
  a limitation not specifically contained or authorized in existing law 
  for the period of the limitation is not in order during the reading of 
  the bill, 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. Manual Sec. 1043. 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 rule XXI 
  clause 2(d). Such amendment need not await the completion of the 
  reading and the disposition of other amendments or yield to a 
  preferential motion to rise and report. 102-2, June 30, 1992, pp 
  17139-41.


  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 
  rules, such as the prohibition against unauthorized appropriations 
  (Sec. Sec. 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

[[Page 142]]

  consent. Deschler Ch 25 Sec. 12.1. Under rule XXI clause 1, it is not 
  necessary to reserve points of order at the time the bill is referred 
  to the Union Calendar; the right of a Member to raise them at a later 
  time is automatically protected. Manual Sec. 1035.

                            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. If the reservation is permitted, the point of order must 
  be reserved before debate begins on the amendment. Deschler Ch 26 
  Sec. 2.2; see also Points of Order.


  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, pp 13359, 13360. 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. 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.
      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. Manual Sec. 1044; Deschler Ch 26 Sec. 2. 
  A point of order against a paragraph that has been passed in the 
  reading for amendment may be made only by unanimous consent. See 
  Points of Order; Parliamentary Inquiries.
      A point of order must be made against a paragraph after it is read 
  and before an amendment is offered thereto, including a pro forma 
  amendment offered for the purpose of debate only and an amendment that 
  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. 
  Deschler Ch 26 Sec. 2.10. As required by clause 2(f), the Chair will 
  query for points of order against the provisions of an appropriation 
  bill not yet reached in the reading but addressed by an amendment 
  offered en bloc under that clause. Manual Sec. 1058.

[[Page 143]]

          Timeliness Where Bill is Considered as Having Been Read

      Where a general appropriation bill or a portion thereof (a title, 
  for example) 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. Manual Sec. 1044; Deschler Ch 26 
  Sec. 2. In this situation, the Chair first inquires whether any Member 
  desires to raise a point of order against any portion of the pending 
  text. The Chair 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 Chair has asked for amendments after having asked 
  for points of order. Deschler Ch 26 Sec. 2.16.
      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. If raised against only a portion of a paragraph, any 
  Member may extend the point of order to the entire paragraph. Manual 
  Sec. 1044.
      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. Manual Sec. 1044; 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.

[[Page 144]]

                            Against Amendments

      If any portion of an amendment to an appropriation bill 
  constitutes legislation, the entire amendment is subject to a point of 
  order. Manual Sec. 1044.
      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.


  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 from the Committee on Rules. Manual Sec. 1057; 
         4 Hinds Sec. Sec. 3260-3263; Deschler Ch 26 Sec. 3.
     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, such language ultimately 
  included in an appropriation Act 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 
  Committee on Rules 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. The waiver also may be confined to points of order directed 
  at a particular title or a specified chapter of the bill. Deschler Ch 
  26 Sec. Sec. 3.7, 3.8. 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. See Deschler Ch 26 Sec. 3.5.

                   Waiver of Particular Points of Order

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

     Against certain paragraphs in an appropriation bill not 
         authorized by law or containing legislative language. Deschler 
         Ch 26 Sec. Sec. 3.2, 3.6.
     Against reappropriations in violation of rule XXI clause 2(a). 
         97-1, July 30, 1981, p 18803.

[[Page 145]]

     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 as is required by rule XIII clause 4. Deschler Ch 25 
         Sec. 10.3.

        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. 
  However, a special rule waiving points of order may be drafted in such 
  a way as to protect a specific amendment or to protect ``any amendment 
  offered by direction of the Committee on Appropriations.'' Deschler Ch 
  26 Sec. Sec. 3.10, 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. Manual 
  Sec. 1057; 4 Hinds Sec. 3862; 7 Cannon Sec. 1420; Deschler Ch 26 
  Sec. 3. The Chair will examine an entire legislative provision 
  permitted to remain when ruling that an amendment to a portion of the 
  provision was merely perfecting. Manual Sec. 1058.
      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. Manual Sec. 1057; Deschler Ch 26 Sec. 3.38. However, an 
  increase in the amount may violate sections 302 or 311 of the 
  Congressional Budget Act of 1974. An amendment adding a new paragraph 
  indirectly increasing an unauthorized amount contained in a prior 
  paragraph passed in the reading is subject to a point of order because 
  the new paragraph is adding a further unauthorized amount not 
  textually protected by the waiver. However, a new paragraph indirectly 
  reducing an unauthorized amount permitted to remain in a prior 
  paragraph

[[Page 146]]

  passed in the reading is not subject to a point of order, because it 
  is not adding a further unauthorized amount. Manual Sec. 1057.
      To a legislative provision permitted to remain conferring 
  assistance on a certain class of recipients, an amendment adding 
  another class is further legislation and is not merely perfecting in 
  nature. On the other hand, to a legislative provision permitted to 
  remain, an amendment particularizing a definition in the language was 
  held not to constitute additional legislation where it was shown that 
  the definition being amended already contemplated inclusion of the 
  covered class. Manual Sec. 1058.

                             When Not in Order

      Although legislative language in a general appropriation bill that 
  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. Manual Sec. 1057; 
  4 Hinds Sec. Sec. 3836, 3837; 7 Cannon Sec. Sec. 1425-1434. Such an 
  amendment may not earmark funds for an unauthorized purpose or direct 
  a new use of funds not required by law. Manual Sec. 1057; Deschler Ch 
  26 Sec. 3.30. The figures in an unauthorized item permitted to remain 
  may be perfected. However, the provision may not be changed by an 
  amendment substituting funds for a different unauthorized purpose. 
  Deschler Ch 26 Sec. 3.45. An increase in such figure may not be 
  accompanied by legislative language directing certain expenditures. 
  Deschler Ch 26 Sec. 3.42. Amendments to language permitted to remain 
  in an appropriation bill that have been ruled out under rule XXI 
  clause 2 include:

     An amendment adding additional legislation prohibiting the 
         availability of funds in other Acts for certain other purposes. 
         Deschler Ch 26 Sec. 3.18.
     An amendment adding an additional class of recipients to those 
         covered by a legislative provision permitted to remain. 
         Deschler Ch 26 Sec. 3.34.
     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. 
         Manual Sec. 1045.
     An amendment adding a new paragraph in another part of the 
         bill that indirectly increases an unauthorized amount passed in 
         the reading, because not textually protected by the waiver. 
         Manual Sec. 1057.
     An amendment increasing an authorized amount above the 
         authorized ceiling. Manual Sec. 1058.
     An amendment in the form of a motion to strike, extending the 
         legislative reach of the pending text. Manual Sec. 1058.
     An amendment extending restrictions on recipients of a defined 
         set of Federal payments and benefits to persons benefiting from 
         a certain tax status determined on the basis of wholly 
         unrelated criteria. Manual Sec. 1058.

[[Page 147]]

     An amendment explicitly waiving a different provision of law 
         than that addressed in language permitted to remain. Manual 
         Sec. 1058.


                           B. Senate Amendments


  Sec. 70 . In General

              Senate Amendments Before Stage of Disagreement

      Rule XXII clause 3 requires any Senate amendment involving a new 
  and distinct appropriation to be first considered in the Committee of 
  the Whole. However, the modern practice bypasses this requirement by 
  sending appropriation bills with Senate amendments directly to 
  conference, either by unanimous consent or a motion under rule XXII 
  clause 1, notwithstanding the fact that the stage of disagreement has 
  not been reached. Manual Sec. Sec. 1070, 1073, 1074. Thus, earlier 
  precedents (4 Hinds Sec. Sec. 4797-4806; 8 Cannon Sec. Sec. 2382-2385) 
  governing initial consideration of Senate amendments to appropriation 
  bills in the 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 Sec. Sec. 528a-d, 
  1075).

                        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. Manual 
  Sec. Sec. 1058, 1076; 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 to 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 also is legislative. 
  Manual Sec. 1058; Deschler Ch 26 Sec. 6.9. Although rule XXII clause 5 
  prohibits House con

[[Page 148]]

  ferees from agreeing to a Senate amendment that proposes legislation 
  on an appropriation bill without specific authority from the House, 
  that rule is a restriction upon the managers only. It 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 rule XXI 
  clause 2, amendments reported in technical or true disagreement are 
  taken up in order and disposed of directly in the House by separate 
  motion. Manual Sec. 1076; 7 Cannon Sec. 1572. 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 
  Sec. Sec. 1058, 1076; Deschler Ch 26 Sec. 6.5.


  Sec. 71 . Authority of Conference Managers

                                 Generally

      Under rule XXII clause 5, the managers on the part of the House 
  may not agree to any Senate amendment to a general appropriation bill 
  if that 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. That restriction has been 
  interpreted to extend to Senate amendments in the form of limitations 
  because limitation amendments are in violation of clause 2(c) unless 
  offered at the end of reading for amendment in the 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.
      Rule XXII clause 5 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. Manual 
  Sec. 1076. Under this rule, a conference report may be ruled out when 
  conferees present to the House a conference report on a legislative 
  measure on which the conferees agreed to a Senate amendment 
  appropriating funds. Deschler Ch 25 Sec. Sec. 13.8, 13.9. However, a 
  point of order against an appropriation in a conference report on a 
  legislative bill will lie under the rule only if that

[[Page 149]]

  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, because the rule applies only to 
  Senate amendments that 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 that are unauthorized by law, and 
  the bill passes the House with those provisions included and goes to 
  conference, the conferees may report back their agreement to those 
  provisions even though they remain unauthorized, because the waiver 
  carries over to the consideration of the same provisions when the 
  conference report is before the House. Manual Sec. 1076.

                    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 
  legislative amendments notwithstanding the restrictions contained in 
  rule XXII clause 5. Deschler Ch 26 Sec. 6.3. However, 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. 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 unless reported after September 15 preceding the 
  beginning of such fiscal year. Rule XIII clause 5(a); Manual Sec. 853; 
  8 Cannon Sec. 2282; Deschler Ch 25 Sec. 7. A con

[[Page 150]]

  tinuing resolution may be called 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 rule XXI clause 2 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 that 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 or against 
  a specific paragraph in the bill. Deschler Ch 25 Sec. Sec. 9.6, 9.7. 
  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.


  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 
  XIII clause 5(a). Therefore, such a measure is not privileged for 
  consideration when reported by the Committee on Appropriations and is 
  not subject to points of order under rule XXI clause 2. Deschler Ch 25 
  Sec. Sec. 7.3, 7.4; 95-1, Feb. 3, 1977, p 3473.


  Sec. 75 . Consideration

             By Special Rule, Unanimous 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), may be made in order by unanimous consent (98-2, Oct. 
  1, 1984, p 27961), or may be considered pursuant to a motion to 
  suspend the rules (Deschler Ch 25 Sec. 13.18). A joint resolution 
  continuing appropriations for a fiscal year is reported under rule 
  XIII clause 2, relating to the filing of nonprivileged reports. Manual 
  Sec. 831; Deschler Ch 25 Sec. 8.8.

[[Page 151]]

          Consideration in House as in the Committee of the Whole

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

                          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, and often with the previous question 
  considered as ordered to prevent amendment. Deschler Ch 25 
  Sec. Sec. 8.9-8.12; 102-1, Sept. 24, 1991, p 23725.


                 VIII. Appropriations in Legislative Bills


  Sec. 76 . In General

                                 Generally

      Restrictions against the inclusion of appropriations in 
  legislative bills are provided for by rule XXI clause 4. 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. 1065. 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. However, because 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 that has been taken away from a nonappropriating committee by a 
  motion to discharge. 7 Cannon Sec. 1019a. It also does not apply to a 
  special order reported from the Committee on Rules ``self-executing'' 
  the adoption to a bill of an amendment containing an appropriation, 
  because the amendment is not separately before the House during 
  consideration of the special order. Manual Sec. 1065.

[[Page 152]]

       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 Sec. Sec. 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. Manual Sec. 1065.

                       Application to Private Bills

      Rule XXI clause 4 does not apply to private bills, because 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 4, an ``appropriation'' means taking 
  money out of the Treasury by appropriate legislative language for the 
  support of the general functions of government. Deschler Ch 25 
  Sec. 4.43. Rulings on points of order under clause 4 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 
  merely as an authorization and not an appropriation and was, 
  therefore, not subject to a point of order under clause 4. 7 Cannon 
  Sec. 2156.

                         Provisions Held in Order

      Provisions in a legislative bill that have been held not to 
  violate clause 4 include:

     A provision authorizing an appropriation of not less than a 
         certain amount for a specified purpose. Deschler Ch 25 
         Sec. 4.34.
     A provision providing that an appropriation come out of any 
         unexpended balances heretofore appropriated or made available 
         for emergency purposes. Deschler Ch 25 Sec. 4.35.
     A provision 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.

[[Page 153]]

     A provision authorizing and directing an executive officer to 
         advance, when appropriated, sums of money out of the Treasury. 
         Deschler Ch 25 Sec. 4.38.
     A provision authorizing 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.
     A provision 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 in a legislative bill, or amendments thereto, that have 
  been held to violate clause 4 include:

     A provision directing that funds previously appropriated be 
         used for a purpose not specified in the original appropriation. 
         7 Cannon Sec. 2147.
     A provision reappropriating or diverting an appropriation for 
         a new purpose. 7 Cannon Sec. 2146; Deschler Ch 25 
         Sec. Sec. 4.1, 4.4.
     An amendment requiring the diversion of previously 
         appropriated funds in lieu of the enactment of new budget 
         authority. Manual Sec. 1065.
     A provision providing for the transfer of unexpended balances 
         of appropriations and making such funds available for 
         expenditure. Deschler Ch 25 Sec. 4.5.
     A provision making available an appropriation or a portion of 
         an appropriation already made for one purpose to another or for 
         one fiscal year to another. Manual Sec. 1065.
     A provision 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.
     A provision 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.
     A provision making excess foreign currencies available to 
         stimulate private enterprise abroad. Deschler Ch 25 Sec. 4.22.
     A provision 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.
     A provision making available unobligated balances of 
         appropriations ``heretofore'' made to carry out the provisions 
         of the bill. Deschler Ch 25 Sec. 4.11.

[[Page 154]]

     An amendment waiving provisions in an appropriation Act that 
         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 providing 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.
     A provision 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 
         Committee on the Budget 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 rule XXI clause 4 against an appropriation 
  in a bill reported by a legislative committee should be raised at the 
  appropriate time in the Committee of the Whole and does not lie in the 
  House before consideration of the bill. 94-1, Sept. 10, 1975, pp 
  28270, 28271. The provision in clause 4, 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. Manual 
  Sec. 1065.
      A point of order under clause 4 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 4. 
  Points of order against appropriations in legislative bills may be 
  raised even after the merits of the proposition have been debated. 
  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

[[Page 155]]

  amended by a substitute and though no point of order was directed 
  against the substitute before its adoption. Manual Sec. 1065.

                          Waiving Points of Order

      Points of order based on clause 4 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 4 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 a portion of a section of 
  a legislative bill containing an appropriation, only that portion is 
  stricken. However, 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 157]]

 
                     CHAPTER 5 - ASSEMBLY OF CONGRESS

                              HOUSE PRACTICE

  Sec. 1. In General; Day of Convening
  Sec. 2. Hour of Meeting
  Sec. 3. Place of Meeting
  Sec. 4. Organizational Business--First Session
  Sec. 5. Organizational Business--Second Session
  Sec. 6. Adoption of Rules
  Sec. 7. Procedure Before Adopting Rules
  Sec. 8. Taking Up Legislative Business
        Research References
          1 Hinds Sec. Sec. 1-10; 5 Hinds Sec. Sec. 6758-6762
          6 Cannon Sec. Sec. 1-5
          Deschler Ch 1
          Manual Sec. Sec. 60, 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 is not 
  considered privileged, is used for such appointment. For laws 
  appointing a different day for assembling, see Manual Sec. 243. The 
  joint resolution may originate either in the House or in the Senate. 
  93-1, Dec. 17, 1973, p 42059; 95-1, Dec. 15, 1977, p 38948.
      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 Sec. Sec. 10, 12. The last session so convened was in the 76th 
  Congress. Deschler Ch 1 Sec. 2.1.
      A privileged concurrent resolution providing for the adjournment 
  of a Congress sine die may contain a provision providing for a recall 
  of either House or of both Houses by their respective leaderships. 
  Pursuant to the authority of such a resolution, Speaker Gingrich 
  recalled the House on December 17, 1998, on notice of one week. Manual 
  Sec. 84.

[[Page 158]]

      For a catalog of provisions in concurrent resolutions authorizing 
  the recall of the House or both Houses, see Manual Sec. 84 and 
  Adjournment.

                            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 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 before 
  the constitutional expiration of the session at noon on January 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. 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. Manual Sec. 83.
      On January 3 of an even-numbered year, in the absence of a law 
  appointing a different convening date, the Speaker may either (1) 
  announce the adoption of a simple motion to adjourn the last day of 
  the first session just before noon to declare the House adjourned sine 
  die so that the second session may convene at noon (102-2, Jan. 3, 
  1992, p 36367) or (2) unilaterally declare the House adjourned sine 
  die just before noon (without a simple motion) so that the second 
  session may convene at noon (105-2, Jan. 3, 1996, p 35).


  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 set previously by 
  resolution, the House, by long-standing practice having the force of a 
  standing order, meets each day at noon. Deschler Ch 1 Sec. 3. However, 
  it is the customary practice of the House to adopt a resolution 
  establishing times for its daily meetings. Manual Sec. 621.
      Convening times are selected 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, because they are 
  incidental to the organization of the House. 97-2, Jan. 25, 1982, p 
  62. However, subsequent resolutions changing

[[Page 159]]

  the hour of meeting, unless reported as privileged from the Committee 
  on Rules, require unanimous consent for consideration (although ad hoc 
  arrangements from day to day may be effected by privileged motion 
  under rule XVI clause 4). 95-2, June 29, 1978, p 19507.

                     Adjournments to a Different Hour

      The meeting hour may be subsequently changed 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. The House may by 
  unanimous consent vacate a previous order providing for the House to 
  meet at a certain time and agree to meet at a different time. Deschler 
  Ch 1 Sec. Sec. 3.12, 3.13. The motion that when the House adjourns it 
  adjourn to a day and time certain also 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.

                       Emergency Convening Authority

      During any recess or adjournment of not more than three days, if 
  the Speaker is notified by the Sergeant-at-Arms of an imminent 
  impairment of the place of reconvening, then he may, in consultation 
  with the Minority Leader, postpone the time for reconvening within the 
  three-day limit prescribed by the Constitution. In the alternative, 
  the Speaker in such case may reconvene the House before the time 
  previously appointed solely to declare the House in recess within that 
  three-day limit. Rule I clause 12(c).


  Sec. 3 . Place of Meeting

      Under article I, section 5, clause 4 of the Constitution, neither 
  House may, without consent of the other, adjourn ``to any other Place 
  than that in which the two Houses shall be sitting.'' The requirement 
  for consent has been interpreted to apply to the seat of government, 
  which has been, since 1800, the District of Columbia. Therefore, the 
  House may convene sit in another place within the District of Columbia 
  without the consent of the Senate. Deschler Ch 1 Sec. 4.1. Under rule 
  I clause 12(d), the Speaker may convene the House in a place at the 
  seat of government other than the Hall of the House whenever, in his 
  opinion, the public interest shall warrant it.
      In the 107th Congress, the two Houses authorized joint leadership 
  recall from an adjournment ``at such place and time as they may 
  designate whenever, in their opinion, the public interest shall 
  warrant it'' (permitting recall from an adjournment to a place outside 
  the District of Columbia). 107-1, H. Con. Res. 251, Oct. 17, 2001, p 
  ____; 107-1, S. Con. Res. 85, Nov.

[[Page 160]]

  16, 2001, p ____. In the 108th Congress, the two Houses granted 
  blanket joint leadership authority to assemble the 108th Congress at a 
  place outside the District of Columbia whenever the public interest 
  shall warrant it. 108-1, H. Con. Res. 1, Jan. 7, 2003, p ____.
      The President may convene Congress at places outside the seat of 
  government during hazardous circumstances. 2 USC Sec. 27; Deschler Ch 
  1 Sec. 4.


  Sec. 4 . Organizational Business--First Session

                          Functions of the Clerk

      Under rule II clause 2(a), the Clerk from the prior Congress 
  (including one appointed pursuant to section 75a01 of title 2, United 
  States Code), creates a roll of the Representatives-elect and calls 
  the House to order at the beginning of a new Congress. 2 USC Sec. 26; 
  Manual Sec. 643. In the event of the Clerk's absence or incapacity, 
  the Sergeant-at-Arms from the prior Congress creates the roll and 
  calls the House to order. 2 USC Sec. 26; Manual Sec. 656. After the 
  opening prayer and Pledge of Allegiance, the Clerk:

    Announces the receipt of credentials of Members-elect.
    Causes a quorum to be established, by roll call by State, 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 roll call vote (alphabetical by 
         surname) for Speaker.
    Announces the vote.
    Appoints a committee to escort the Speaker to the Chair.

                            Election of Speaker

      The first order of business after the ascertainment of a quorum at 
  the opening of a new Congress is ordinarily the election of the 
  Speaker. Manual Sec. 27. Pursuant to statute and precedent, 
  nominations for election of the Speaker are of the highest privilege 
  and take precedence over a question of the privileges of the House 
  relating to the interim election of a Speaker pro tempore pending an 
  ethics investigation of a nominee for Speaker. 2 USC Sec. 25; Manual 
  Sec. 27; 1 Hinds Sec. 212.
      Candidates for the office are nominated by the chairmen of the 
  Democratic Caucus and the Republican Conference. Deschler Ch 1 
  Sec. 6.1. The Speaker is elected by a majority of Members-elect 
  present and voting by surname. Manual Sec. 27. He was at first elected 
  by ballot but, since 1839, has been chosen by viva voce vote by 
  surname in response to a call of the roll. 1 Hinds Sec. 187; Deschler 
  Ch 1 Sec. 6. Although the Clerk appoints tellers for

[[Page 161]]

  the election, the House, and not the Clerk, determines what method of 
  voting to use. Manual Sec. 27; Deschler Ch 1 Sec. 6. On two occasions, 
  by special rules, Speakers were chosen by a plurality of votes; but in 
  each case the House by majority vote adopted a resolution declaring 
  the result. 1 Hinds Sec. Sec. 221, 222. The House has declined to 
  choose a Speaker by lot. 1 Hinds Sec. 221.

                    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, 127 U.S. 67 (1888). 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 before the administration of the oath. 
  They may debate propositions, propose motions, offer resolutions, and 
  make points of order. Deschler Ch 2 Sec. 2. When sworn in, Members may 
  be named to serve on House committees and may introduce bills. Manual 
  Sec. 300; 4 Hinds Sec. Sec. 4477, 4483, 4484.
      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 to 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. Pursuant to article I, section 2 of the 
  Constitution, because the House is composed of Members elected by the 
  people of the several States and because the House elects its Speaker, 
  the Delegates-elect and the Resident Commissioner from Puerto Rico are 
  not constitutionally qualified to vote in the House for Speaker. 
  Therefore, the Clerk does not include them on the roll. Manual 
  Sec. 675.

                           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 the Speaker. Deschler Ch 1 Sec. 7.


  Sec. 5 . 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, where the Office 
  is vacant,

[[Page 162]]

  the House may be called to order by the Clerk. Deschler Ch 1 Sec. 5. 
  Alternatively, the House may be called to order by a previously 
  designated Speaker pro tempore. Deschler Ch 1 Sec. 7.4. Under rule I 
  clause 8(b)(3), adopted in the 108th Congress, the Speaker is required 
  to deliver to the Clerk a list of Members in the order in which each 
  shall act as Speaker pro tempore in the case of a vacancy in the 
  Office of Speaker. A Speaker pro tempore designated under this rule 
  also may convene the second session of a Congress. Following the 
  opening prayer, the Speaker orders, without motion, a call of the 
  House to establish a quorum. Deschler Ch 1 Sec. 7.5. The call of the 
  House may be taken by electronic device, but the Speaker may elect not 
  to use the electronic system for that purpose. Deschler Ch 20 Sec. 4.
      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 has been 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. 
  Deschler Ch 2 Sec. 4.10.


  Sec. 6 . Adoption of Rules and Separate Orders

      The Constitution gives each House the power to determine the rules 
  of its proceedings. U.S. Const. art. I, Sec. 5, cl. 2. The Supreme 
  Court has interpreted this clause to mean that the House possesses 
  broad power to adopt its own procedural rules. United States v. 
  Ballin, 144 U.S. 5 (1892). This power cannot be restricted by the 
  rules or statutory enactments of a preceding House. Thus, the adoption 
  of the three-day availability rule by the 91st Congress did not bind 
  the 92d Congress. Deschler Ch 1 Sec. 10.1.
      The rules of the House for each Congress are adopted by 
  resolution. See, e.g., 105-1, Jan. 7, 1997, p ____. Ordinarily, the 
  House adopts the rules of the prior Congress but with various 
  amendments. 5 Hinds Sec. 6742. Separate orders also may be adopted in 
  the same resolution. Separate orders are not amendments to the 
  standing rules but have the same force and effect for a Congress or 
  portion thereof. See, e.g., 108-1, H. Res. 5, Jan. 7, 2003, p ____. 
  The House in the 106th Congress adopted a recodified version of the 
  rules of the House in existence at the close of the 105th Congress, 
  which rewrote and renumbered the rules, many without substantive 
  change. 106-1, Jan. 6, 1999, p ____.
      A resolution adopting rules is subject to the motion for the 
  previous question. The resolution is subject to amendment if the 
  previous question is voted down. Deschler Ch 1 Sec. 9.6. The 
  resolution is not subject to a de

[[Page 163]]

  mand for a division of the question absent prior adoption of a special 
  rule permitting a division of the resolution. Manual Sec. 60; Deschler 
  Ch 1 Sec. 10.8.
      The motion to commit is permitted after the previous question has 
  been ordered on the resolution adopting the rules but is not 
  debatable. It is the prerogative of the minority to offer a motion to 
  commit even before the adoption of the rules. However, at that point 
  the proponent need not qualify as opposed to the resolution. Manual 
  Sec. 60; Deschler Ch 1 Sec. 9. Such a motion to commit is not 
  divisible. However, if it is agreed to and more than one amendment is 
  reported back pursuant thereto, then separate votes may be had on the 
  reported amendments. The motion to refer also has been permitted upon 
  the offering of a resolution adopting the rules, and before debate 
  thereon, subject to the motion to lay on the table. Manual Sec. 60; 5 
  Hinds Sec. 5604.
      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. Deschler Ch 1 Sec. 10.12.


  Sec. 7 . Procedure Before Adopting Rules

      Before the adoption of formal rules, the House operates under 
  general parliamentary law, as modified by certain customary House 
  rules and practices and by portions of Jefferson's Manual. Manual 
  Sec. 60; 5 Hinds Sec. Sec. 6761-6763; 8 Cannon Sec. 3386. Statutes 
  incorporated into the rules of the prior Congress do not control the 
  proceedings of the new House. Deschler Ch 1 Sec. 10.1. They must be 
  re-adopted as part of the rules of the new House in the resolution 
  adopting those rules.
      Before the adoption of rules by the House, rules that embody 
  practices of long-established custom will be enforced as if already in 
  effect. 6 Cannon Sec. 191. Thus, before 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 or by directing the Sergeant-at-Arms to present the mace as the 
  traditional symbol of order. Manual Sec. 60.
      Procedures common to general parliamentary law applicable in the 
  House before 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. Manual Sec. 60.
     The motion to refer, subject to the motion to table. Manual 
         Sec. 60.
    Demands for the yeas and nays. 5 Hinds Sec. Sec. 6012, 6013; 
         Deschler Ch 1 Sec. 9.
    The motion for the previous question, which takes precedence 
         over a motion to amend. 5 Hinds Sec. Sec. 5451-5455.

[[Page 164]]

    The motion to amend after rejection of the previous question 
         (Deschler Ch 3 Sec. 10.10), with any amendment being subject to 
         the point of order that it must be germane (Deschler Ch 1 
         Sec. 12.7).
     The practice that Members may engage in debate only when 
         recognized, such recognition being at the discretion of the 
         Speaker. Manual Sec. 60.
    The hour rule for debate on a question. Deschler Ch 1 
         Sec. 12.3.
    Losing the right to resume after yielding the floor. 5 Hinds 
         Sec. Sec. 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. Deschler Ch 23 Sec. 22.4.
    The nondebatable motion to commit after ordering of the 
         previous question. Manual Sec. 60; 5 Hinds Sec. 6758. Proponent 
         of the motion to commit need not qualify as opposed to the 
         resolution. Manual Sec. 60.
    Withdrawal of a resolution before action is taken thereon. 
         Deschler Ch 1 Sec. 10.6.
    The motion to lay on the table. 5 Hinds Sec. 5390; Deschler Ch 
         1 Sec. 9.
    The motion to postpone to a day certain. Deschler Ch 1 
         Sec. 10.7.
    The motion to adjourn. 1 Hinds Sec. 89; Deschler Ch 1 Sec. 9.

      Specific standing rules of the House held not applicable before 
  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.
    The three-day availability rule for the consideration of 
         committee reports. Deschler Ch 1 Sec. 12.9.


  Sec. 8 . 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. Once the two Houses 
  have assembled, elected officers, sworn Members, and adopted rules, 
  the resumption of legislative business is in order. 1 Hinds 
  Sec. Sec. 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. 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. 1 Hinds Sec. Sec. 81, 122-125; 
  Deschler Ch 1 Sec. 11. However, on two occasions the House, as part of 
  the resolution adopting its standing rules, adopted a special order 
  providing for the immediate consideration of a bill introduced that

[[Page 165]]

  day. 104-1, Jan. 4, 1995, p 463; 106-1, Jan. 6, 1999, p ____. On 
  occasion the House has convened for its second session on January 3, 
  or on another day by law, but then conducted no legislative business 
  (including approval of its Journal or referral of bills) for several 
  days. Manual Sec. 84.

                               Old Business

      Upon convening for a second or subsequent session during the term 
  of a Congress, the House resumes all business that was pending before 
  the House or its committees at the adjournment sine die of the 
  preceding session. Rule XI clause 6; Manual Sec. 814; 5 Hinds 
  Sec. 6727. Similarly, conference business between the two Houses 
  continues over an adjournment between the first and second sessions of 
  a Congress. 5 Hinds Sec. Sec. 6760-6762. However, because past 
  proceedings of one Congress do not 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. However, 
  due to the large number of bills introduced on opening day, the 
  Speaker may delay their referral but print the referral as having been 
  made on opening day. 106-1, Jan. 6, 1999, p ____.


[[Page 167]]

 
                       CHAPTER 6 - BILLS AND RESOLUTIONS

                              HOUSE PRACTICE

              A. Generally

  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. Introduction and Reference

  Sec.  6. Introduction of Measures in the House; Sponsorship
  Sec.  7. Reference
  Sec.  8. Multiple Referrals; Sequential or Split Referrals
  Sec.  9. Bills Reported with Amendments
  Sec. 10. Matters Subject to Referral
  Sec. 11. Time Limitations on Referred Bills; Extensions
  Sec. 12. Referrals To or From Special and Ad Hoc Committees

              C. Private Bills

  Sec. 13. In General
  Sec. 14. What Constitutes a Private Bill
  Sec. 15. Introduction, Reference, and Consideration
  Sec. 16. -- Amendments
  Sec. 17. Uses of Private Bills
  Sec. 18. -- Claims By or Against the Government
  Sec. 19. -- Immigration and Naturalization Cases

              D. Restrictions on Certain Public Bills

  Sec. 20. Appropriations
  Sec. 21. Tax and Tariff Measures
  Sec. 22. Designation of Public Works
  Sec. 23. Prohibition on Commemorations

        Research References
          4 Hinds Sec. Sec. 3266-3297, 3364-3390

[[Page 168]]

          7 Cannon Sec. Sec. 846-871, 1027-1053
          Deschler Ch 16; Deschler Ch 24 Sec. Sec. 1-4, 9, 10
          Manual Sec. Sec. 397, 414, 478, 816-818, 822, 823, 828, 895-
            897, 1066-1068a


                               A. Generally


  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. Deschler Ch 24 Sec. 1. 
  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.
      The introduction of certain types of private bills is prohibited 
  by rule XII clause 4. See Sec. 17, infra.
      The various stages in the passage and enactment of a bill--
  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 and resolutions may be either public or private. A private 
  bill is a bill for the benefit of one or several specified persons or 
  entities, and a public bill 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 S.W. 2d 642, (Ark. 1933). The distinction is 
  important, because the procedures followed in the enactment of private 
  bills are significantly different from those applicable to public 
  bills. Sec. 15, infra.
      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.

[[Page 169]]

     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.

  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 through the Office of Legislative Counsel.
      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 often in simple and concurrent resolutions, 
         less often in joint resolutions, and, in modern practice, never 
         in 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, a bill may contain an illustration, as where it 
  shows a required warning label. 99-2, Feb. 3, 1986, p 1326. Also rare, 
  one House may pass a bill with blanks to be filled in by the other 
  House. 5 Hinds Sec. 5781. It has been held not in order for a Member 
  to distribute 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

      The form prescribed by section 101 of title 1, United States Code 
  for the enacting clause of a bill is as follows:

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

[[Page 170]]

                             Resolving Clauses

      The form prescribed by section 102 of title 1, United States Code 
  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.

      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.

                    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. Commissioner, 
  453 F.2d 982 (5th Cir. 1972).

                           Page and Line Numbers

      When a bill is introduced or 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 not 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 and 
  is not considered in passing on points of order relating to the 
  provisions of the bill. 7 Cannon Sec. 1489; Deschler Ch 24 Sec. 9.1.
      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.
      The title is retained on the bill during the various stages of 
  enactment, including engrossment and is entered on the Journal and 
  printed in the Con

[[Page 171]]

  gressional Record. Manual Sec. Sec. 431, 831. However, 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. However, a title 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., 331 U.S. 519 (1947). In this context, the title of a 
  bill at the time of its enactment is said to be indicative of the true 
  intention of Congress in enacting it. Corpus Juris Secundum, Statutes 
  Sec. 351.


  Sec. 5 . Preambles

      Preambles (``whereas'' clauses) often appear in concurrent or 
  simple resolutions and less often in joint resolutions. Such clauses 
  appear less often in joint resolutions (and, in modern practice, never 
  in bills) because sections containing separate statements of findings 
  serve the same purpose. 4 Hinds Sec. 3412. Preambles are sometimes 
  used to indicate the underlying reason for a measure. 4 Hinds 
  Sec. 3413.
      The House may amend or delete the preamble from a joint resolution 
  before its passage or the preamble from a concurrent or simple 
  resolution following its adoption. Manual Sec. 414. 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 because the preamble always precedes that 
  clause. Deschler Ch 24 Sec. 9.5. Preambles to simple resolutions may 
  also 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. The motion for the previous question may be applied 
  at once to the resolution and the preamble. Manual Sec. 1002b. Of 
  course, where no action is taken to strike the preamble, and the joint 
  resolution is passed, the preamble remains part of the joint 
  resolution. Deschler Ch 24 Sec. 9.5.

[[Page 172]]

                       B. Introduction and Reference


  Sec. 6 . Introduction of Measures in the House; Sponsorship

                           Bills and Resolutions

      Bills and resolutions are introduced by being deposited in the 
  hopper at the Clerk's desk anytime the House is in session. Deschler 
  Ch 16 Sec. 1. A Member may introduce a bill during an interim pro 
  forma meeting even though no legislative business is being conducted. 
  Manual Sec. 816.
      At its organization for the 106th Congress, the House adopted an 
  order reserving the first 10 bill numbers for assignment by the 
  Speaker during a specified period. In the 107th and 108th Congresses, 
  the House adopted the same order, but extended the applicable time 
  period to the entire first session. Manual Sec. 825.
      A bill or resolution may be introduced by any Member who has taken 
  the oath, and he need not seek recognition for that purpose. Deschler 
  Ch 16 Sec. 1. 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. As 
  such, the House may consider it notwithstanding the death, 
  resignation, or replacement of its sponsor. Deschler Ch 16 Sec. 1.9.

                      Bills Introduced ``By Request''

      Only a Member, Delegate, or the Resident Commissioner may 
  introduce a bill. The House does not permit the names of citizens 
  requesting the introduction of a bill to be printed in the 
  Congressional Record, but the rules do permit the words ``by request'' 
  to be entered on the Journal and printed in the Record. Manual 
  Sec. 826. These words appear following the name of the primary sponsor 
  or the names of some or all of the initial cosponsors. Deschler Ch 16 
  Sec. 1.2.

                          Petitions and Memorials

      Petitions and memorials addressed to the House are delivered to 
  the Clerk and may be presented by the Speaker as well as by any 
  Member. Manual Sec. 818; 4 Hinds Sec. 3312. A Member may present a 
  petition from the citizens of a State other than his own. 4 Hinds 
  Sec. Sec. 3315, 3316.

                 Sponsorship; Endorsements and Signatures

      By House rule, all bills, resolutions, and memorials must be 
  endorsed with the name of the Member or Members introducing them. 
  Manual Sec. Sec. 818, 825. By directive of the Speaker, all bills must 
  bear the original sig

[[Page 173]]

  nature of the chief sponsor or first-named Member. Manual Sec. 821. 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 or 
  have been discharged from consideration thereof. Before the bill is 
  reported, a Member may remove his name as a cosponsor by unanimous 
  consent. Manual Sec. 825. Alternatively, a cosponsor may announce his 
  withdrawal of support for a bill, or a statement indicating that an 
  error was made in the listing of a cosponsor's name may be made on the 
  floor for publication in the Congressional Record. Deschler Ch 16 
  Sec. Sec. 2.5, 2.6. 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.
      By unanimous consent, a Member may add his own name as a cosponsor 
  of an unreported bill where the primary sponsor is no longer a Member 
  of the House. Similarly, a designated Member may be authorized to sign 
  and submit lists of additional cosponsors where the primary sponsor is 
  no longer a Member. However, the Chair will not otherwise entertain a 
  request to add cosponsors by a Member other than the primary sponsor. 
  In fact, the Chair will not entertain any unanimous-consent request to 
  add a cosponsor, whether such request includes only the Member making 
  the request, all Members, or a specified additional sponsor. Such 
  requests must be made by a primary sponsor through the hopper not 
  later than the last day on which any committee is authorized to 
  consider and report the measure to the House. Manual Sec. 825.


  Sec. 7 . Reference

                                 Generally

      When a bill is introduced, it is referred by the Speaker to 
  committee in accordance with rule X clause 1, the rule fixing the 
  jurisdiction of committees over particular subjects, and in accordance 
  with the referral procedures contained in rule XII clause 2. Deschler 
  Ch 16 Sec. 3. However, a bill referred by the House itself may be sent 
  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 Sec. Sec. 4362-4364; 7 
  Cannon Sec. 2105.

[[Page 174]]

      Absent specific authority or the authority to originate, a 
  committee may not report a measure that has not been properly referred 
  to it by the Speaker or by the House. 4 Hinds Sec. Sec. 4355-4360; 7 
  Cannon Sec. Sec. 1029, 2101. The committees authorized to file from 
  the floor as privileged, pursuant to rule XIII clause 5, certain bills 
  and resolutions originating from such committees are Appropriations, 
  Budget, House Administration, Rules, and Standards of Official 
  Conduct. Manual Sec. Sec. 412, 853.

                        Erroneously Referred Bills

      Rule XII clause 7 provides for procedures to be followed in case 
  of an error in the reference of a public bill. For a discussion of 
  erroneous referral of a private bill, see Sec. 14, infra. The House 
  rerefers public bills without debate, usually pursuant to a unanimous-
  consent request. Deschler Ch 16 Sec. Sec. 3.13- 3.15. A motion to 
  rerefer also is available. However, that motion has not been offered 
  since the 82d Congress. Manual Sec. 825; Deschler Ch 16 
  Sec. Sec. 3.10-3.13. The motion to rerefer:

     Must apply to a bill erroneously referred. 7 Cannon Sec. 2125.
     Must be made immediately following the Pledge of Allegiance. 
         Rule XII clause 7; 7 Cannon Sec. Sec. 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 Sec. Sec. 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. Sec. 828, 831. 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. Under rule 
  XII clause 2, a bill reported from committee may be sequentially 
  referred by the Speaker to other committees (even a bill previously 
  referred to a calendar). Sec. 8, 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 rules of the 
  House. Manual Sec. Sec. 916, 917, 1001; see Refer and Recommit.


  Sec. 8 . Multiple Referrals; Sequential or Split Referrals

      Before 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 Sec. 4372. However, in 
  1975 the House adopted rule XII clause 2(b), stating that every 
  referral must be made so

[[Page 175]]

  as to ensure ``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 XII clause 2(c)(1) requires the Speaker to designate a committee 
  of primary jurisdiction upon the initial referral of a measure to a 
  committee (except where he determines that extraordinary circumstances 
  justify review by more than one committee as though primary). The 
  Speaker has discretion to:

     Refer the measure to other committees either initially (at the 
         time of introduction) or sequentially (following the primary 
         committee's report); in either case, 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.

      The Speaker's referrals are always for consideration of such 
  provisions as fall within a committee's jurisdiction, and bills 
  referred to more than one committee contain an explicit statement to 
  that effect.


  Sec. 9 . Bills Reported with Amendments

      A bill reported from a committee with an amendment may be 
  sequentially referred to another committee where the amendment falls 
  within the jurisdiction of the second committee. Manual Sec. 816. In 
  determining whether the matter falls within the jurisdiction of the 
  second committee, the Speaker may base his referral on either (1) the 
  text of an amendment as well as the text of the original bill; or (2) 
  solely on the text of a reported substitute amendment in lieu of the 
  original bill. Manual Sec. 816. The second committee may report an 
  amendment to the amendment adopted by the first committee if the 
  amendment to the amendment is within the jurisdiction of the second 
  committee.
      The Speaker has exercised his 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.
     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.
     A reported bill solely for consideration of designated 
         portions of the first committee's amendment.

[[Page 176]]

     Only a portion of the original text where the primary 
         committee's amendment would delete portions of the bill within 
         the sequential committee's jurisdiction.

  Manual Sec. 816.


  Sec. 10 . Matters Subject to Referral

                                 Generally

      Rule XII clause 2, 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. Thus, the Speaker may, 
  pursuant to the rule, refer bills and resolutions, a portion of a 
  bill, a Presidential message, an executive communication, or a select 
  committee report. Manual Sec. 816.

                     Senate Amendments to House Bills

      Pursuant to rule XIV clause 2, the Speaker may refer to a standing 
  committee a Senate amendment to a House-passed bill. Formerly, where a 
  House bill was returned from the Senate with an amendment relating to 
  a new and different subject, the Speaker referred it to the committee 
  having jurisdiction of the original bill. 4 Hinds Sec. Sec. 4373, 
  4374. Under the modern practice, the Speaker rarely exercises his 
  authority to refer Senate amendments at all. Where he does, the 
  Speaker may impose a time limitation for consideration of a certain 
  portion of the amendment. Manual Sec. 816. On being reported from a 
  standing committee, the House bill with the Senate amendment is 
  referred to the Committee of the Whole. 4 Hinds Sec. 3108; 8 Cannon 
  Sec. 3187. Under rule XXII clause 2, House bills with Senate 
  amendments that do not require consideration in Committee of the Whole 
  may be at once disposed of as the House may determine.

                         Senate Bills and Messages

      The Speaker may refer bills and joint and concurrent resolutions 
  messaged from the Senate to committees in the same manner as public 
  bills originating in the House. Rule XIV clause 2. Senate messages 
  requiring consideration in Committee of the Whole 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 the direction of the Speaker without action by the 
  House. 4 Hinds Sec. 3101; 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.

[[Page 177]]

  Sec. 11 . Time Limitations on Referred Bills; Extensions

                                 Generally

      Pursuant to rule XII clause 2, the Speaker may impose a time limit 
  for the consideration by any committee of a bill that is primarily, 
  initially, or sequentially referred. The Speaker normally places a 
  time limit on bills sequentially referred. However, the rules of the 
  House do not require him to do so. The Speaker may sequentially refer 
  a bill without setting such limit or may set a limit as short as one 
  day. Manual Sec. 816.
      On the last day of an expiring sequential referral, a committee 
  has until midnight to file its report with the Clerk. Manual Sec. 816.
      Rule XII clause 2 is not construed to prevent a secondary 
  committee from reporting before 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. However, the measure may 
  be considered without a report by the primary committee when the 
  primary committee waives its right to report and a special order is 
  adopted discharging the committee. The measure also may be considered 
  when the Speaker exercises discretion to impose a time limit on the 
  primary committee for reporting (which he rarely exercises) and such 
  committee fails to meet the deadline. In that case, the primary 
  committee will be considered to have been discharged from further 
  consideration of the measure. Manual Sec. 816.

                            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, or divided for reference. 
  Where the Speaker extends the time limit on a sequentially referred 
  bill, he also may refer the bill to another committee for the same 
  period. More than one extension of time may be given by the Speaker to 
  a committee considering a bill. Manual Sec. 816.

                          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 XII clause 2, the Speaker may discharge the committee from 
  further consideration of the measure and refer it to the appropriate 
  calendar or to another committee. Also, the House may adopt a special 
  order of business accomplishing the discharge. Manual Sec. 816.

[[Page 178]]

  Sec. 12 . 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. The House order 
  authorizing the ad hoc committee may require that referrals to the 
  committee be by initial or sequential reference or by some other 
  method provided by rule XII clause 2. Manual Sec. 816. For example, in 
  the 107th Congress, the Select Committee on Homeland Security was 
  required to report to the House its recommendations on a bill 
  establishing a Department of Homeland Security. In making its 
  recommendation, the select committee was required to take into 
  consideration recommendations by each committee to which such bill was 
  initially referred. 107-2, H. Res. 449, June 19, 2002, p ____. In the 
  108th Congress, the select committee was reestablished to develop 
  recommendations and report to the House by bill or otherwise on such 
  matters that relate to the Homeland Security Act of 2002 as may be 
  referred to it by the Speaker. 108-1, H. Res. 5, Jan. 7, 2003, p ____.


                             C. Private Bills


  Sec. 13 . 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 it 
  enacted 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 steadily declining. In the 104th Congress, only four 
  private bills were approved. In the 105th Congress, only 10 private 
  bills were approved. Calendars of the U.S. House of Representatives, 
  Final Edition, 104th Cong. and 105th Cong.
      Because it lacks the generality of application that is normally 
  found in public laws, a private law is considered a legislative 
  anomaly. Congressional action in passing such laws 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

[[Page 179]]

  ``equitable law'' to cover such circumstance. Note, Private Bills in 
  Congress, 79 Harv. L. Rev. 1684 (1966).

                             Constitutionality

      Although the constitutionality of private laws 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 law does not constitute a 
  congressional intrusion into the judicial function. Paramino Lumber 
  Company v. Marshall, 309 U.S. 370 (1940).

                               Omnibus Bills

      Rule XV clause 5 permits the use of ``omnibus'' private 
  legislation--that is, a measure containing two or more private bills 
  that are considered as a single package. Manual Sec. Sec. 895, 897.


  Sec. 14 . 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,'' which contains provisions for 
  payments to many different claimants, also is 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.


  Sec. 15 . Introduction, Reference, and Consideration

      Private bills may be presented to the House only through a 
  sponsoring Member and may not be cosponsored. A Member with a private 
  bill to present (1) endorses his name on the bill and (2) delivers the 
  bill to the Clerk. Rule XII clause 3; Manual Sec. 818.
      Under rule XII clause 6, errors in private bills may be corrected 
  without action by the House at the suggestion of the committee in 
  possession of the bill. Because an erroneous reference of a private 
  bill does not confer jurisdiction on the committee to report it, 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. Manual 
  Sec. 824. A subcommittee may have specific rules governing the 
  consideration of private bills. See, e.g., ``Rules of Procedure for 
  Private Immigration Bills,'' Subcommittee on Immigration Claims, 
  Committee on the Judiciary. Committee approval of the bill is 
  generally contin

[[Page 180]]

  gent upon a showing that the applicant has no other remedy. A private 
  bill reported out of committee 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. See Private Calendar. A Member 
  serving as an official objector has periodically included in the 
  Congressional Record an explanation of how bills on the Private 
  Calendar are considered. Manual Sec. 896. If two or more Members of 
  the House object to a bill, it is recommitted to the committee that 
  reported it. Manual Sec. 895. 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. See Private Calendar. In modern practice, 
  private bills have not been scheduled by the Speaker for consideration 
  under suspension of the rules. This procedure has been reserved for 
  public bills.
      If the bill is unopposed, it is taken up in the House as in the 
  Committee of the Whole. The procedure is as follows:

      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 are in order. See Sec. 16, infra]
      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 or reduce 
  amounts of money or provide limitations. Manual Sec. 895. Motions to 
  strike the last word are not permitted, nor are reservations of 
  objection. See Private Calendar.

      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.
      Speaker [after disposition of the motion to recommit]: The 
    question is on the passage of the omnibus bill.

      After being passed by the House, an omnibus private bill 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. 897. 
  A private bill that has passed both Houses must be approved by the 
  President or enacted over his veto to become law.

[[Page 181]]

  Sec. 16 . -- Amendments

      A private bill is subject to amendment under the five-minute rule, 
  pursuant to rule XV clause 5. Manual Sec. Sec. 895, 897. 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. 
  Under the germaneness rule, it is not in order to amend a private bill 
  by extending its provisions to a general class of individuals, which 
  would be public in character. 4 Hinds Sec. 3292; 7 Cannon Sec. 860; 
  see Germaneness of Amendments. Motions to strike the last word--pro 
  forma amendments--are not entertained. Deschler-Brown Ch 29 Sec. 70.7.
      When an amendment is offered, members of the reporting committee 
  have priority in recognition to oppose the amendment. Deschler-Brown 
  Ch 29 Sec. 13.23.


  Sec. 17 . Uses of Private Bills

                                 Generally

      Under the modern practice, most private bills granting relief to 
  individuals fall into one of four major categories: (1) bills 
  involving claims against the United States or waiving claims by the 
  Federal Government against specific individuals; (2) bills excepting 
  named individuals from certain requirements of the immigration or 
  naturalization laws; (3) conveyances of real property rights; and (4) 
  tariff treatment for private entries. See Sec. Sec. 18, 19, 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. 100-2, H.R. 3625, H. Rept. 100-554. Another private 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 (the family had been notified that 
  his children were no longer eligible to attend the school because the 
  children were no longer dependents of a Federal employee in Puerto 
  Rico). 100-2, H.R. 3439, H. Rept. 100-552.

                    Measures Barred From Consideration

      Under rule XII clause 4, a private bill may not be introduced or 
  considered if it authorizes or directs the payment of money for 
  property damages

[[Page 182]]

  or for personal injuries or death for which suit may be instituted 
  under the Federal Tort Claims Act (FTCA). 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. However, a private bill 
  that merely changes the computation of retired pay for a former member 
  of the armed services has been held permissible. Manual Sec. 822. 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 FTCA, for example, provides both administrative and 
  judicial remedies in certain personal injury cases involving the 
  negligence of Federal employees. 28 USC Sec. 2671.


  Sec. 18 . -- Claims By or Against the Government

                       Generally; Constitutionality

      Many private bills grant relief to an individual who has a 
  meritorious claim against the Federal government that 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, cl. 1; Pope v. United 
  States, 323 U.S. 1 (1944).

                                 Procedure

      Under rule XII clause 2(d), 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. 817. 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(k). For 
  example, a private bill providing to a named individual an entitlement 
  to social security benefits was referred as a private claim only to 
  the Committee on the Judiciary (in accord with rule XII clause 2(d)) 
  and, when reported by that committee, was referred to the Private 
  Calendar and not sequentially to the Committee on Ways and Means. 106-
  2, Feb. 14, 2000, p ____.
      The Committee on the Judiciary refers a private claim bill to its 
  Subcommittee on Immigration and Claims. The subcommittee may hold a 
  hearing on the matter. The full-committee files its report with the 
  House, and the Speaker refers it to the Private Calendar. See also 
  Sec. 15, supra.


[[Page 183]]



      Note: An alternative to this procedure is provided for in law. 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 
  that made the reference. 28 USC Sec. Sec. 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 (Ct. Cl. 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 to settle certain property damage 
         claims of residents arising out of the 1973 occupation of 
         Wounded Knee, South Dakota. 100-2, H.R. 2711, H. Rept. 100-559.
     To provide for a payment to a child who had been sexually 
         assaulted 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 FTCA 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. 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--which precluded claims under the FTCA. 100-2, H.R. 2682, 
         H. Rept. 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 for improperly administered 
         smallpox vaccination. 100-2, H.R. 2684, H. Rept. 100-442.
     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. 87-1, Priv. L. No. 87-195, H. Rept. 87-
         232; 100-2, H.R. 3185, H. Rept. 100-549.
     To adjust or credit the account of a Federal official or to 
         reimburse a government employee for expenditures made by him at 
         the direction of his employer. 7 Cannon Sec. 863; 100-2, H.R. 
         3388, H. Rept. 100-551.

[[Page 184]]

     To permit claimants to receive an annuity under the Civil 
         Service Retirement system. 100-2, H.R. 2889, H. Rept. 100-548; 
         100-2, H.R. 1864, H. Rept. 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. 100-555; 100-2, H.R. 3347, H. Rept. 100-
         550.
     To suspend or waive a statute of limitations where the 
         government has been unjustly enriched at the expense of the 
         claimant (87-1, Priv. L. No. 87-23, H. Rept. 87-176), or where 
         to do so would be in the interests of ``justice and equity'' 
         (100-1, H.R. 1491, H. Rept. 100-439).
     To provide payment to an individual injured by a government-
         prescribed fire. 104-2, S. 966, H. Rept. 104-638.
     To provide reimbursement to an entity for emergency work under 
         the Robert T. Stafford Disaster and Emergency Assistance Act. 
         104-1, H.R. 419, H. Rept. 104-359.

  Sec. 19 . -- 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.
      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. 83-2078.
     Grant asylum to a Communist aviator who flew his plane to the 
         West. 83-2, Priv. L. No. 380, H. Rept. 83-650.
     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. 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. 100-381.
     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 or Communist Party 
         membership. 100-2, H.R. 446, H. Rept. 100-598.
     Grant the status of permanent residence to a sports and media 
         figure retroactively to 1950 and provide that he shall be 
         considered to have complied with residential and physical 
         presence requirements of the Immigration and Naturalization 
         Act. 86-2, Priv. L. No. 86-486, H. Rept. 1506.

[[Page 185]]

     To permit certain individuals who were evacuated from Kuwait 
         during the Persian Gulf War to file for permanent resident 
         status. 106-2, H.R. 3646, H. Rept. 106-580.


                  D. Restrictions on Certain Public Bills


  Sec. 20 . Appropriations

                    Appropriations on Legislative Bills

      Restrictions against the inclusion of appropriations in 
  legislative bills are provided for by rule XXI clause 4. A bill or 
  joint resolution carrying appropriations may not be reported by a 
  committee not having jurisdiction to report appropriations; and points 
  of order lie against those provisions when the bill is read for 
  amendment. The rule also prohibits amendments proposing appropriations 
  on a reported legislative bill. Manual Sec. 1065; see also 
  Appropriations, Sec. 76.

                   Transportation Obligation Limitations

      Section 8101(e) of the Transportation Equity Act for the 21st 
  Century (Pub. L. No. 105-178) added rule XXI clause 3, which precludes 
  consideration of a measure that would cause obligation limitations to 
  be below the level for any fiscal year set forth in section 8103 of 
  the Transportation Equity Act for the 21st Century, as adjusted, for 
  the highway category or the mass transit category, as applicable. 
  Manual Sec. 1064; see also Appropriations, Sec. 59a.

                       Funding for Aviation Programs

      Section 206 of the Wendell H. Ford Aviation Investment and Reform 
  Act for the 21st Century (Pub. L. No. 106-181) added a provision 
  establishing points of order to guarantee a certain level of budget 
  resources available from the Airport and Airway Trust Fund each fiscal 
  year through fiscal year 2003, to restrict the uses of those 
  resources, and to guarantee a certain level of appropriations. Manual 
  Sec. 1064a; see also Appropriations, Sec. 59a.


  Sec. 21 . Tax and Tariff Measures

      Under rule XXI clause 5(a), a bill or joint resolution carrying a 
  tax or tariff measure may not be reported by a committee other than 
  the Committee on Ways and Means; and points of order lie against those 
  provisions when the bill is read for amendment. The prohibition 
  extends to consideration of an amendment in the House or proposed by 
  the Senate that carries a tax or tariff measure offered during the 
  consideration of such bill or joint

[[Page 186]]

  resolution. For a discussion of the restrictions against bills and 
  amendments carrying a tax or tariff, see Manual Sec. 1066.
      Rule XXI clause 5(c) precludes consideration of a bill, joint 
  resolution, amendment, or conference report that carries a retroactive 
  Federal income tax rate increase. The rule defines a ``Federal income 
  tax rate increase'' as any amendment to subsection (a), (b), (c), (d), 
  or (e) of section 1, or to section 11(b) or 55(b), of the Internal 
  Revenue Code of 1986, that imposes a new percentage as a rate of tax 
  and thereby increases the amount of tax imposed by any such section. 
  The rule further specifies that a Federal income tax rate increase is 
  retroactive if it applies to a period beginning before the enactment 
  of the provision. Manual Sec. 1068.


  Sec. 22 . Designation of Public Works

      Rule XXI clause 6 precludes consideration of a bill, joint 
  resolution, amendment, or conference report that provides for the 
  designation or redesignation of a public work in honor of an 
  individual then serving as a Member, Delegate, Resident Commissioner, 
  or Senator. Manual Sec. 1068a.


  Sec. 23 . Prohibition on Commemorations

      Rule XII clause 5 precludes introduction and consideration of a 
  bill or resolution, or an amendment thereto, if it establishes or 
  expresses a commemoration. The term ``commemoration'' is defined by 
  the rule as a remembrance, celebration, or recognition for any purpose 
  through the designation of a specified period of time. Manual 
  Sec. 823. The House by unanimous consent waived the prohibition in 
  rule XII clause 5(a) for a joint resolution to amend title 36, United 
  States Code, to designate September 11 as United We Stand Remembrance 
  Day. 107-1, Oct. 24, 2001, p ____.


[[Page 187]]

 
                        CHAPTER 7 - BUDGET PROCESS

                              HOUSE PRACTICE

  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. -- Budget Resolution to Precede Consideration of Related 
  Legislation
  Sec.  8. Reconciliation Procedures
  Sec.  9. Adherence to Budget Resolution Spending and Revenue Levels
  Sec. 10. Other Spending Controls
  Sec. 11. -- Sequestration
  Sec. 12. -- New Contract Authority; New Borrowing Authority 
  (Sec. 401(a))
  Sec. 13. -- New Entitlement Authority (Sec. 401(b))
  Sec. 14. Social Security Funds
  Sec. 15. The Budget Process and the Public Debt Limit
  Sec. 16. Impoundments Generally
  Sec. 17. -- Rescissions; Line Item Veto
  Sec. 18. -- Deferrals
  Sec. 19. Unfunded Mandates
        Research References
          Deschler Ch 13 Sec. 21
          Manual Sec. Sec. 169, 720, 748, 853, 990, 1127-1130
          Budget and Accounting Act of 1921
          Congressional Budget and Impoundment Control Act of 1974
          Balanced Budget and Emergency Deficit Control Act of 1985 
            (Gramm-Rudman)
          Balanced Budget and Emergency Deficit Control Reaffirmation 
            Act of 1987
          Budget Enforcement Act of 1990
          Omnibus Budget Reconciliation Act of 1993
          Unfunded Mandates Reform Act of 1995
          Budget Enforcement Act of 1997

[[Page 188]]

          Manual on the Federal Budget Process, Congressional Research 
            Service, Aug. 28, 1998


  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. 
  First, there is an authorization process, under which Federal programs 
  are created in response to national needs. Second, there is an 
  appropriations process under which funding is provided for those 
  programs. See Appropriations. Finally, there is a congressional budget 
  process that annually establishes an overall fiscal policy of spending 
  and revenues and that institutes a complex web of procedures to 
  enforce those budgetary decisions. The overall fiscal policy is 
  established by the annual adoption of a concurrent resolution on the 
  budget. The congressional budget process includes the development and 
  consideration of reconciliation legislation to implement its most 
  significant budget policies. These three stages are not necessarily 
  considered or completed in chronological order.
      The enforcement of budgetary decisions encompasses both 
  congressional and executive actions. Such enforcement is rooted 
  principally in two statutes--the Congressional Budget Act of 1974 (the 
  Budget Act) and the Balanced Budget and Emergency Deficit Control Act 
  of 1985 (Gramm-Rudman). The Budget Act 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. Gramm-Rudman provides automatic 
  procedures (called sequestration) to enforce spending. Procedures 
  enforcing discretionary spending limits and deficit targets (sections 
  251 and 253 of Gramm-Rudman) expired on September 30, 2002. Procedures 
  to enforce direct spending and receipts (section 252 of Gramm-Rudman), 
  although textually still in law, have no effect. Sec. 11, infra.

                   The Budget and Accounting Act of 1921

      Budget reform began with the passage of the Budget and Accounting 
  Act of 1921. That Act established a new budget system that permitted 
  all items relating to a department to be brought together in the same 
  bill; required the President to submit an annual national budget to 
  Congress in place of the previous uncoordinated agency submissions; 
  created the Office of Management and Budget (OMB) to assist him in 
  this respect; and estab

[[Page 189]]

  lished the General Accounting Office and made it the principal 
  auditing arm of the Federal government. 31 USC Sec. 1101.

                   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. 
  Responsibility for the Budget remained fragmented throughout the 
  Congress. The size of the budget, and the size of the 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. Deschler Ch 
  13 Sec. 21. The Act (2 USC Sec. 601) consisted of 10 titles that 
  established:

     New committees on the budget in both the House and the Senate, 
         and a Congressional Budget Office (CBO) designed to improve 
         Congress' informational and analytical resources with respect 
         to the budgetary process.
     A timetable and controls for various phases of the 
         congressional budget process centered on a concurrent 
         resolution on the budget to be adopted before legislative 
         consideration of revenue or spending bills.
     Various enforcement procedures and provided for program review 
         and evaluation.
     Standardized budget terminology.
     Procedures for congressional review of Presidential 
         impoundment actions.

      Titles I through IX constitute the Congressional Budget Act of 
  1974 and title X constitutes the Impoundment Control Act. The Unfunded 
  Mandates Reform Act of 1995 added a new part B to title IV of the 
  Budget Act.
      The central purpose of the process established by the Budget Act 
  is to coordinate the various revenue and spending decisions that are 
  made in separate tax, appropriations, and legislative measures.

       The Balanced Budget and Emergency Deficit Control Act of 1985

      The Balanced Budget and Emergency Deficit Control Act of 1985 
  (Gramm-Rudman) made further significant changes in the budget process, 
  and in the Budget Act procedures. 2 USC Sec. 900. Conceived as a 
  statutory response to the burgeoning Federal deficit, Gramm-Rudman 
  instituted a single binding budget resolution, binding committee 
  allocations, reconciliation, and enforcement of spending through 
  sequestration. Gramm-Rudman included provisions amending the Budget 
  Act to permit a new point of order against legislation exceeding the 
  appropriate committee allocation (Sec. 302(f) of the Budget Act), 
  exempting the title II Social Security program from rec

[[Page 190]]

  onciliation (Sec. 310(g) of the Budget Act), and precluding the 
  breaching of budget authority or outlay ceilings or revenue floors, 
  with certain exceptions (Sec. 311 of the Budget Act). Pursuant to 
  section 275 of Gramm-Rudman, several provisions of Gramm-Rudman 
  expired on September 30, 2002, including two provisions providing for 
  sequestration to enforce discretionary spending (section 251) and 
  deficit targets (section 253).

         Budget Enforcement Act of 1990; Revisions and Extensions

      The Budget Enforcement Act of 1990 (BEA of 1990) revised the 
  Gramm-Rudman deficit targets, made deficit targets adjustable, and 
  extended the sequestration process. It set limitations on distinct 
  categories of discretionary spending and created paygo to require that 
  increases in direct spending or decreases in revenues due to 
  legislative action be offset, so that there would be no net increase 
  in the deficit. Sec. Sec. 10-13, infra.

                      Budget Enforcement Act of 1997

      The Budget Enforcement Act of 1997 (BEA of 1997) extended the 
  discretionary spending limits and paygo process through fiscal year 
  2002 and changed the congressional budget process.


  Sec. 2 . Committee Jurisdiction; Reports and Estimates

                   Committee on the Budget Jurisdiction

      To implement the congressional budget process, the Budget Act 
  created the Senate and House Budget Committees and CBO. 2 USC 
  Sec. 601. The Budget Committees were authorized to draft the 
  concurrent resolution on the budget. Unlike the authorizing and 
  appropriating committees, which focus on individual Federal programs, 
  the Budget Committees focus on the Federal budget as a whole and on 
  how it affects the national economy.
      Rule X clause 1(e) gives the House Budget Committee jurisdiction 
  over matters relating to the congressional budget, including 
  concurrent resolutions on the budget and measures on budget process 
  and on the enforcement of budget controls. Manual Sec. 720. Section 
  310 of the Budget Act provides conditions for the reporting by the 
  Budget Committees of reconciliation measures.
      Section 306 of the Budget Act prohibits the consideration in 
  either House of a bill or resolution dealing with a matter within the 
  jurisdiction

[[Page 191]]

  of its Committee on the Budget if not reported from that committee or 
  discharged therefrom. The following were held to violate this section:

     An amendment directing that certain lease-purchase agreements 
         be scored on an annual basis for budget purposes. 106-1, July 
         19, 1999, p ____.
     An amendment designating an appropriation as ``emergency 
         spending'' within the meaning of the budget-enforcement laws. 
         106-1, Sept. 8, 1999, p ____.

      The 107th and 108th Congresses adopted an order of the House to 
  confine the point of order under section 306 to bills and joint 
  resolutions only. 107-1, H. Res. 5, Jan. 3, 2001, p ____; 108-1, H. 
  Res. 5, Jan. 7, 2003, p ____.

                      Committee on Rules Jurisdiction

      The Committee on Rules has the special oversight function of 
  review of the budget process. Rule X clause 3(i). Under section 301(c) 
  of the Budget Act, the Speaker must refer a concurrent resolution on 
  the budget reported from the Committee on the Budget sequentially to 
  the Committee on Rules for not more than five legislative days if it 
  includes any procedure or matter having the effect of changing a rule 
  of the House. After such a referral, an additional one-day layover 
  follows the report of the Committee on Rules. Sec. 305(a)(1) of the 
  Budget Act. In modern practice, this sequential referral is obviated 
  in favor of the perusal by the Committee on Rules when reporting a 
  special order of business governing consideration of the budget 
  resolution. This process allows the Committee on Rules to review 
  suggested rules changes. In the 108th Congress, composition of the 
  Committee on the Budget was changed to include one member of the 
  Committee on Rules. Rule X clause 5(a)(2).

            Committee Reports; Cost Estimates and Scorekeeping

      CBO provides economic and programmatic analyses and cost 
  information on most reported public bills and resolutions. Under the 
  Budget Act, five-year cost estimates are prepared and published in the 
  reports accompanying these bills. Sec. Sec. 308(a)(1)(B), 402 of the 
  Budget Act. A committee cost estimate identifying certain spending 
  authority as recurring annually and indefinitely was held necessarily 
  to address the five-year period required by this section. Manual 
  Sec. 844.
      Committee reports on legislation providing new budget authority or 
  a change in revenues or tax expenditures are required to contain the 
  estimates and other detailed information mandated by section 308(a) of 
  the Budget Act. The information mandated by section 308(a) also is 
  required under House rule XIII clause 3(c), except that the estimates 
  with respect to new

[[Page 192]]

  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. Manual Sec. 840.
      If a bill providing new budget authority is reported without an 
  estimate of its cost, a point of order under rule XIII clauses 3(c)(2) 
  and 3(c)(3) (requiring that an estimate under sections 308 and 402 of 
  the Budget Act be included in the report) 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 section 308 of the Budget Act (so as to require 
  a report by the Committee on Rules to include such a cost estimate). 
  Manual Sec. 1127.
      The Director of CBO 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) of the Budget Act. 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) of the Budget Act.
      For a discussion of committee allocations, see Sec. 9, infra.


  Sec. 3 . The Budget Timetable

      Section 300 of the Budget Act includes a nonmandatory 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 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--CBO submits annual report to the 
         Budget Committees

      Note: This report deals primarily with overall economic and fiscal 
  policy and alternative budget levels and national budget priorities.

     Not later than six weeks after President submits his budget--
         committees submit views and estimates to Budget Committees

      Note: These reports provide the Budget Committees with an early 
  and comprehensive indication of committee leg

[[Page 193]]

  islative 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 (section 304 of the Budget Act); although 
  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 ensuing fiscal year.

     May 15--Annual appropriation bills may be considered in the 
         House

      Note: General appropriation bills, and amendments thereto, 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)(2) of the 
  Budget Act.

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

      Note: The mandatory June 15 deadline was repealed by the BEA of 
  1990. 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) of the Budget 
  Act) and the 13 general appropriation bills (Sec. 309 of the Budget 
  Act).

     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. If action on appropriation bills has not been completed by October 
  1, Congress may pass 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 budget review, and various CBO and OMB sequestration 
  reports, were provided for in section 254(a) of Gramm-Rudman. Other 
  than October 1 (beginning of new fiscal year), the dates established 
  in section 300 are targets to be met each year. Failure to meet the 
  targets does not inhibit consideration of measures beyond those dates.
      Under rule X clause 2(d), each standing committee must submit its 
  oversight plans for the Congress to the Committees on Government 
  Reform and House Administration by February 15 of the first session. 
  These plans

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  must be reported to the House by the Committee on Government Reform 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. It serves as an internal framework for Congress in its 
  action on separate revenue, spending, and other budget-related 
  measures. The content of budget resolutions and accompanying reports 
  is governed by section 301 of the Budget Act. Budget resolutions set 
  forth budgetary levels for the upcoming fiscal year and for at least 
  the four succeeding fiscal years, 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 ``major functional categories,'' such as national defense, 
  agriculture, and health. Manual Sec. 1127.
      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: Matter included under the ``elastic clause'' 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. 8, 
  infra.

                    Consideration of Budget Resolutions

      A concurrent resolution on the budget that has been reported as 
  privileged pursuant to rule XIII clause 5(a) is privileged for 
  consideration under procedures set forth in section 305 of the Budget 
  Act, but those procedures do not apply to unreported budget 
  resolutions. 98-2, Apr. 5, 1984, pp 7992, 7993. The House may vary the 
  parameters of consideration by unanimous consent, by suspension of the 
  rules, or by adoption of a special rule, because the statutory 
  provisions concerned were enacted as exercises of the rulemaking 
  powers of the House and the Senate, respectively, under the 
  Constitution. Sec. 904(a) of the Budget Act. It is customary for the 
  House to vary

[[Page 195]]

  the parameters for consideration of a budget resolution by adopting a 
  special rule recommended by the Committee on Rules. In recent 
  Congresses such rules have permitted only designated amendments in the 
  nature of substitutes, and perfecting amendments have been precluded. 
  See, e.g., 103-2, H. Res. 384, Mar. 10, 1994, p 4346; 107-1, H. Res. 
  100, Mar. 28, 2001, p ____.
        In addition to the Budget Act, concurrent resolutions on the 
  budget for fiscal year 2000 and fiscal year 2001 included a point of 
  order against consideration in the House or Senate of a concurrent 
  resolution on the budget for the following fiscal year, or any 
  amendment thereto or conference report thereon, that set forth a 
  deficit for any fiscal year (as determined by the Budget Committee). 
  106-1, sec. 201, H. Con. Res. 68; 106-2, sec. 201, H. Con. Res. 290.
      Section 305(a)(1) of the Budget Act requires a three-day layover 
  period that starts when the report on the resolution first becomes 
  available to the Members. Rule XIII clause 4(a). Section 305(a) of the 
  Budget Act also provides for consideration in the Committee of the 
  Whole; limits general debate to not more than ten hours, with up to an 
  additional four hours permitted on economic goals and policies; and 
  provides for consideration of amendments under the five-minute rule. 
  Sec. 5, infra. After the Committee of the Whole 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. Neither a motion to recommit the 
  resolution nor a motion to reconsider is in order. Sec. 305(a)(2)-(5) 
  of the Budget Act. The question having been put on final adoption of 
  the resolution, the yeas and nays are considered as ordered. Rule XX 
  clause 10.
      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 5658. However, the motion to 
  recommit pending House concurrence under rule XVIII clause 9 would not 
  be in order under section 305(a) of the Budget Act.
      A budget resolution may under some circumstances be divided so as 
  to permit a separate vote on particular sections therein. Manual 
  Sec. 921. The question of adoption of a budget resolution containing 
  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, 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. The rule providing

[[Page 196]]

  for the consideration of a budget resolution normally precludes a 
  demand for a division. See, e.g., 107-1, H. Res. 100, Mar. 28, 2001, p 
  ____.


  Sec. 5 . -- Amendments to Resolutions

                                 Generally

      Under section 305(a)(5) of the Budget Act, amendments to budget 
  resolutions are considered in the Committee of the Whole under the 
  five-minute rule in accordance with rule XVIII. Under rule XVIII 
  clause 10, the resolution is open to amendment at any point, so that 
  the Committee of the Whole may amend the functional categories section 
  before consideration of the total budget allocations. Manual 
  Sec. 1127.

              Amendments to Achieve Mathematical Consistency

      Rule XVIII clause 10 requires, with certain exceptions, that 
  amendments to concurrent resolutions on the budget be mathematically 
  consistent. 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 that 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 
  section 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. These consistency requirements should be read in light of 
  provisions contained in budget resolutions of the 106th Congress. See, 
  e.g., 106-1, Sec. 201, H. Con. Res. 68, Apr. 14, 1999, p ____. Those 
  provisions established points of order against a budget resolution, or 
  amendment thereto, setting forth a deficit for any fiscal year.
      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

[[Page 197]]

  at the direction of the Committee on the Budget to achieve 
  mathematical consistency. Rule XVIII clause 10. Public debt limit, see 
  Sec. 15, 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

      Unless limited by a special rule, there can be up to five hours of 
  debate in the House on a conference report on a concurrent resolution 
  on the budget under section 305(a)(6) of the Budget Act, 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 governed by the statute and is 
  instead considered under the general ``hour'' rule in the House. See, 
  e.g., 95-2, May 17, 1978, p 14117.


  Sec. 7 . -- Budget Resolution to Precede Consideration of Related 
            Legislation

      Section 303 of the Budget Act precludes consideration of certain 
  budget-related legislation for a fiscal year until the budget 
  resolution for that year has been adopted by both Houses. The essence 
  of this section 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 19161. Legislation ruled out under section 303 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. Manual Sec. 1127.
     An amendment providing new entitlement authority to become 
         effective in a fiscal year before adoption of the budget 
         resolution for that year. Manual Sec. 1127.
     An amendment providing new budget authority for a fiscal year, 
         before adoption of a budget resolution for that year. Manual 
         Sec. 1127.
     A motion to recommit proposing an amendment providing an 
         increase in revenues for a fiscal year before adoption of a 
         budget resolution for that year. 105-2, July 24, 1998, p ____.


[[Page 198]]



      A section 303 point of order lies only against a bill or joint 
  resolution that has been reported. Sec. 303(b)(3) of the Budget Act. 
  However, a section 303 point of order may lie against an amendment to 
  an unreported measure. 105-2, July 24, 1998, p ____. In that instance 
  an amendment striking a revenue provision in a pending unreported bill 
  and proposing to insert an alternative revenue provision was held to 
  violate section 303.
      Waivers of section 303 of the Budget Act have been provided 
  pursuant to a special rule from the Committee on Rules. See Sec. 4, 
  supra. Section 303 does not apply after April 15 if the measure would 
  not increase the deficit or lower revenues below the aggregate level 
  of Federal revenues set forth in the concurrent resolution on the 
  budget. Sec. 302(g) of the Budget Act.


  Sec. 8 . Reconciliation Procedures

      Section 301(b)(2) of the Budget Act provides for the inclusion of 
  reconciliation instructions in a budget resolution and for the 
  reporting and consideration of reconciliation legislation. 
  Reconciliation instructions direct committees to recommend changes in 
  existing law to achieve the goals in spending or revenues contemplated 
  by the budget resolution. If reconciliation instructs more than one 
  committee in each House, then all committees instructed are to submit 
  their recommendations to their respective Budget Committees. The 
  Budget Committees then assemble, without substantive revision, all the 
  recommendations into one bill for action by the House or Senate. 
  Sec. 310 of the Budget Act. Reconciliation instructions may 
  contemplate several reconciliation bills, including a bill that 
  reduces revenues. See, e.g., 104-2, May 21, 1996, p 11939-41 (decision 
  of Chair sustained on appeal in the Senate); 106-1, H. Con. Res. 68, 
  Mar. 25, 1999, p ____ (House adoption of budget resolution). Section 
  310 provides expedited consideration in both Houses of reconciliation 
  legislation, provided the reconciliation bill has been reported as 
  privileged pursuant to rule XIII clause 5(a). However, it is customary 
  for the House to vary the parameters for consideration of a 
  reconciliation bill by adopting a special order of business resolution 
  recommended by the Committee on Rules. See, e.g., 107-1, H. Res. 142, 
  May 16, 2001, p ____.
      Section 310(c)(1)(A) of the Budget Act permits committees, in 
  meeting their reconciliation targets, to alternatively substitute 
  revenue and spending changes by up to 20 percent of the sum of the 
  absolute value of reconciled changes as long as the result does not 
  increase the deficit relative to the reconciliation instructions. 
  Section 310(d) of the Budget Act 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

[[Page 199]]

  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, Aug. 28, 1998, p 79. 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 in the House.


  Sec. 9 . Adherence to Budget Resolution Spending and Revenue Levels

      The various parliamentary enforcement mechanisms established in 
  the Budget Act--those sections establishing points of order against 
  consideration of certain propositions--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.

    Adherence to Total Spending and Revenue Levels (Sec. 311(a) of the 
                                Budget Act)

      With certain exceptions, section 311(a) of the Budget Act 
  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. The provision is enforced by points of order 
  against the consideration of reported measures that would breach the 
  ``appropriate levels'' of total new budget authority or total outlays 
  or total revenues in the budget resolution. A section 311(a) point of 
  order does not lie against consideration of an unreported measure. 
  104-1, Mar. 21, 1995, p 8491.
      The House has adopted resolutions to ``deem'' budget resolutions 
  to be in place for temporary enforcement. These ``deemers'' have been 
  in either a special rule reported from the Committee on Rules or as a 
  separate order in an opening-day resolution adopting the standing 
  rules for a Congress. See, e.g., 105-2, H. Res. 477, June 19, 1998, p 
  ____; 106-1, sec. 2(a)(1), H. Res. 5, Jan. 6, 1999, p ____; 107-2, H. 
  Res. 428, May 22, 2002, p ____; 108-1, H. Res. 5, Jan. 7, 2003, p 
  ____.
      In the 108th Congress, the House adopted a special rule permitting 
  the former chairman of the Committee on the Budget to place in the 
  Congressional Record section 302(a) allocations under the budget 
  resolution that were ``deemed'' in place. Before his election as 
  chairman in the 108th Congress, the Member who served as chairman of 
  the Committee on the Budget

[[Page 200]]

  in the 107th Congress was given such permission because the Budget 
  Committee was not constituted before the House considered measures 
  subject to enforcement under the Budget Act. 108-1, H. Res. 14, Jan. 
  8, 2003, p ____.
      The Chair has sustained points of order under section 311(a) of 
  the Budget Act in the following instances:

     An amendment striking 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.
     An amendment 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.
     A motion to amend a Senate amendment providing new budget 
         authority for official mail costs to be available immediately 
         where the applicable total of new budget authority contained in 
         the budget resolution had already been exceeded and where the 
         Committee on Appropriations had exceeded its section 302(a) 
         allocation (thereby rendering the section 311(b) exception 
         inapplicable). 101-1, Sept. 28, 1989, p 22267.

            Committee Allocations (Sec. 302 of the Budget Act)

      Section 302(a) of the Budget Act provides for an allocation to 
  each committee of ``appropriate levels'' of new budget authority and 
  outlays, which are published in the joint statement of managers 
  accompanying a conference report on the budget resolution.
       Each committee is allocated an overall level for discretionary 
  spending that is consistent with the congressional budget plan. Under 
  section 302(b) of the Budget Act, the Committee on Appropriations of 
  each House then subdivides its allocations among its subcommittees. 
  Section 302(c) of the Budget Act precludes consideration of an 
  appropriation measure until that committee has made its suballocation 
  under section 302(b). Points of order under section 302(c) apply 
  separately to the consideration of bills and amendments. Thus, a 
  waiver of points of order against consideration of an unreported 
  appropriation bill before filing of a report from the Committee on 
  Appropriations allocating new budget authority among its subcommittees 
  does not extend to an amendment providing new budget authority in 
  addition to the amounts contained in the bill. 100-1, July 13, 1987, p 
  19514; 108-1, Jan. 8, 2003, p ____.
      Any Member may raise a point of order under section 302(f) of the 
  Budget Act against a reported bill, amendment, or conference report 
  that would exceed the relevant committee allocation. 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

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  30, 1987, p 18308. The Chair has sustained points of order under 
  section 302(f) of the Budget Act in the following instances:

    An amendment to a general appropriation bill proposing to 
         strike a provision scored as negative budget authority and thus 
         providing new budget authority in excess of the relevant 
         allocation under section 302(b) of the Budget Act. 106-2, June 
         13, 2000, p ____.
     An amendment to a general appropriation bill proposing to 
         strike a provision stating that a specified increment of new 
         discretionary budget authority provided by the bill would 
         ``become available for obligation only upon the enactment of 
         future appropriations legislation,'' thus causing the bill to 
         provide additional new discretionary budget authority in that 
         incremental amount in excess of the relevant 302(b) allocation. 
         104-2, June 26, 1996, p 15563.
     A motion to recommit a bill with instructions proposing to 
         provide new budget authority in excess of the relevant 302(a) 
         allocation. 106-2, June 28, 2000, p ____.

      In the 108th Congress, the House adopted a special rule permitting 
  the former chairman of the Committee on the Budget to place in the 
  Congressional Record section 302(a) allocations under a budget 
  resolution that were ``deemed'' adopted by the House. Before his 
  election as chairman in the 108th Congress, the Member who served as 
  chairman of the Committee on the Budget in the 107th Congress was 
  given such permission because the Budget Committee was not constituted 
  before the House considered measures subject to enforcement under 
  section 302(a) of the Budget Act. 108-1, H. Res. 14, Jan. 8, 2003, p 
  ____; see Sec. 9, supra.

                       The Section 311(b) Exception

      As noted above, section 311(a) of the Budget Act 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. 
  However, section 311(a) does not apply in the House to spending 
  legislation if the committee reporting the measure has stayed within 
  its allocation of new budget authority. See Sec. 311(c) of the Budget 
  Act. 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

      Before the expiration of section 251 of Gramm-Rudman, section 314 
  of the Budget Act provided automatic adjustments to budget aggregates 
  and discretionary spending limits set forth in the concurrent 
  resolution on the budget and to the relevant committee allocations 
  under section 302(a) of the

[[Page 202]]

  Budget Act for appropriations designated as an emergency pursuant to 
  section 251(b)(2)(A). Such designation permitted emergency spending 
  notwithstanding the enforcement mechanisms contained in sections 
  311(a) and 302(f) of the Budget Act, although the designation did not 
  automatically cause a corresponding adjustment to a section 302(b) 
  allocation of a subcommittee of the Committee on Appropriations. An 
  emergency designation of direct spending or receipts pursuant to 
  section 252(e) of the Balanced Budget and Emergency Deficit Control 
  Act is still possible and may cause adjustments under section 314 of 
  the Budget Act as described herein. However, because the sequestration 
  procedures outlined in section 252(e) are no longer viable, such 
  emergency designation is unlikely. Sequestration to enforce 
  discretionary spending limits also has expired with the expiration of 
  section 251, although that feature of the law could be reinvigorated 
  in the 108th Congress.

             Chair Guided by Committee on the Budget Estimates

      When the Chair decides questions of order under titles III and IV 
  of the Budget Act, section 312(a) of the Budget Act requires him to 
  rely on estimates provided by the Committee on the Budget in 
  determining levels of new budget authority, outlays, direct sending, 
  new entitlement authority, and revenues for a fiscal year. See, e.g., 
  106-2, June 8, 2000, p ____.


  Sec. 10 . Other Spending Controls

                                 Generally

      For a detailed explanation of deficit targets, discretionary 
  spending limits, and the paygo process, see the Manual on the Federal 
  Budget Process, CRS, Aug. 28, 1998.


  Sec. 11 . -- Sequestration

      Sequestration (an automatic spending reduction process) involves 
  the issuance of a Presidential order that permanently cancels 
  budgetary authority (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 provided multiple 
  sequestration procedures. However, two of those procedures (section 
  251, to enforce the discretionary spending limits, and section 253, to 
  enforce deficit targets) expired on September 30, 2002. Sec. 275 of 
  Gramm-Rudman. The sequestration procedures under section 252 of Gramm-
  Rudman, although textually still in law, have no effect. Sections 251-
  253 of Gramm-Rudman could be reinvigorated in the 108th Congress.

[[Page 203]]

                Modification or Suspension of Sequestration

      OMB having issued a final sequestration report for a fiscal year, 
  the Majority Leader of either House may under Sec. 258A(a) of 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. The issuance 
  of a ``low growth'' report by CBO may also trigger a joint resolution 
  suspending the relevant enforcement provisions of titles III and IV of 
  the Budget Act. Sec. 258(a) of Gramm-Rudman. For an example of such a 
  resolution, see 102-1, S.J. Res. 44, Jan. 23, 1991, p 2128.
      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 Omnibus Budget 
  Reconciliation Act of 1989 included provisions to rescind the orders 
  and restore the sequestered funds. It also reduced the deficit by 
  achieving certain other savings.

                          Discretionary Spending

      The currently expired section 251 of Gramm-Rudman imposed limits 
  on discretionary spending. The limits applied to new budget authority 
  and outlays provided in annual appropriations Acts (except for certain 
  mandatory programs funded in those Acts). A breach in either type of 
  limit would cause a sequester under section 251. Section 251(b)(1) of 
  Gramm-Rudman set forth a detailed procedure for the periodic, 
  automatic adjustment of the discretionary spending limits. Adjustments 
  were made for various factors, including changes in accounting 
  concepts and inflation. The 108th Congress could reinvigorate section 
  251.

                              Direct Spending

      A conventional authorization establishes or continues a government 
  agency or program. Although it may limit the amount of budget 
  authority that may be appropriated for that purpose, the authorized 
  funds are available only to the extent provided for in appropriation 
  Acts originated by the Committee on Appropriations. Deschler Ch 25 
  Sec. 2.13; see Appropriations. Spending legislation that circumvents 
  the appropriations process is called ``direct spending'' (sometimes 
  referred to as ``mandatory spending''). Under section 250(c)(8) of 
  Gramm-Rudman, direct spending includes the fol

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  lowing: (1) budget authority provided by law other than appropriation 
  Acts; (2) entitlement authority; and (3) the food stamp program.
      Direct spending is not capped but operates under Gramm-Rudman's 
  so-called paygo process (section 252 of Gramm-Rudman), which requires 
  that direct spending and revenue legislation enacted be deficit 
  neutral. However, section 252, although textually still in law, has no 
  effect, although it could be reinvigorated in the 108th Congress.


  Sec. 12 . -- New Contract Authority; New Borrowing Authority 
            (Sec. 401(a))

      New budget authority provided by law other than appropriation Acts 
  may take the form of new contract authority or new authority to incur 
  indebtedness (often referred to as ``borrowing authority'').
      With certain exceptions, section 401(a) of the Budget Act requires 
  new contract authority and new authority to incur indebtedness to be 
  effective only as provided in appropriation Acts. The various 
  authorities referred to in section 401(a) of the Budget Act do not 
  apply to bills that provide legislative authorizations that are 
  subject to the appropriations process. 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 section 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 violates section 401(a) of the Budget Act is 
  determined by its marginal effect on the pending measure (rather than 
  current law). See 102-2, Mar. 26, 1992, p 7183.


  Sec. 13 . -- Entitlement Authority (Sec. 401(b))

      Section 401(b) of the Budget Act precludes ``new entitlement 
  authority'' that becomes effective during the current fiscal year. 
  Entitlement authority is the authority to make payments to a person or 
  government under a provision of law that obligates the United States 
  to make such payments to those who meet the requirements established 
  by that law, including the food stamp program. Sec. 3(9) of the Budget 
  Act; Manual Sec. 1127. The Chair contemplates immediate enactment to 
  determine when an entitlement takes effect. Manual Sec. 1127.

[[Page 205]]

      The following examples have been held to provide new entitlement 
  authority within the meaning of the Budget Act:

     A conference report requiring the Secretary of Agriculture to 
         pay a cost of transporting agricultural commodities to major 
         disaster areas.
     A Senate amendment requiring the Secretary of Labor to certify 
         a new group of workers as eligible for adjustment assistance 
         under the Trade Act of 1974.
     An amendment enlarging the class of persons eligible for a 
         government subsidy.

  Manual Sec. 1127.

      The following examples have been held not to provide new 
  entitlement authority within the meaning of the Budget Act:

     A provision requiring payments to individuals meeting certain 
         qualifications but also requiring such payments to be ratably 
         reduced to the amounts of appropriations actually made if sums 
         appropriated pursuant thereto are insufficient.
     An amendment establishing a new executive position at a 
         specified compensation level but subjecting its salary to the 
         appropriation process.

  Manual Sec. 1127.

      In recent Congresses, the House has adopted a an order of the 
  House excluding Federal compensation from the definition of 
  entitlement authority. See, e.g., H. Res. 5, Jan. 7, 2003, p ____.

            Points of Order under Section 401 of the Budget Act

      A point of order under section 401 lies against a reported bill or 
  joint resolution and not against an unreported measure. Manual 
  Sec. 1127. The spending authorities subject to constraints under 
  section 401, as forms of direct spending, are also subject to the 
  spending constraints on new budget authority under sections 302(f), 
  303, and 311(a) of the Budget Act. The paygo provisions of section 252 
  of Gramm-Rudman have constrained legislation providing direct spending 
  and receipts. However, section 252, although textually still in law, 
  has no effect. It could be reinvigorated in the 108th Congress. Manual 
  Sec. 1127.


  Sec. 14 . 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 section 13301 of the BEA of 1990, the off-
  budget status of these programs applies for purposes of the 
  President's budget, the congressional budget, and under Gramm-Rudman. 
  Manual Sec. 1129. Section 13302 of the BEA of 1990 creates a ``fire 
  wall'' point of order in the House to pro

[[Page 206]]

  hibit the consideration of legislation that would change certain 
  balances of the Social Security trust funds over specified periods. 
  Manual Sec. 1129.
      Section 310(g) of the Budget Act prohibits the consideration of 
  reconciliation legislation that contains recommendations with respect 
  to the title II program under the Social Security Act (OASDI).


  Sec. 15 . The Budget Process and the Public Debt Limit

      A limit on the public debt is fixed by law. 31 USC Sec. 3101. The 
  public debt limit may be changed by enactment of a bill or joint 
  resolution. See, e.g., 101-2, H.R. 5350, Aug. 4, 1990; the Omnibus 
  Budget Reconciliation Act of 1993. Such a joint resolution may be 
  generated automatically under rule XXVII upon adoption by Congress of 
  a concurrent resolution on the budget that sets forth a level of the 
  public debt that is different from the statutory limit. Rule XXVII was 
  first adopted in the 96th Congress. It was rendered inoperative on 
  occasion. See, e.g., 104-1, H. Res. 149, May 17, 1995, pp 13275, 
  13276; 105-1, H. Res. 152, May 20, 1997, p ____. It was repealed in 
  the 107th Congress and reinstated in the 108th Congress. Manual 
  Sec. 1104.
      Section 301(a)(5) of the Budget Act requires the budget resolution 
  to set forth the appropriate level for the public debt. Under rule 
  XVIII clause 10(c)(1), it is not in order to consider an amendment to 
  the budget resolution that proposes to change the appropriate level 
  for the public debt. Reconciliation directives relative to changes in 
  the public debt may be included in the concurrent resolution on the 
  budget under section 310(a)(3) of the Budget Act.


  Sec. 16 . 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 (D.D.C. 1976); see also Train v. City of 
  New York, 420 U.S. 35 (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, 413 F. Supp. 1245.
      The impoundment of appropriated funds may be proposed by the 
  President pursuant to the Impoundment Control Act of 1974. Manual 
  Sec. 1130(6A). Two types of impoundments are referred to by this 
  statute: (1) rescissions, which are the permanent cancellation of 
  spending, and (2) deferrals, which

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  impose a temporary delay in spending. Sec. Sec. 1012, 1013 of the 
  Impoundment Control Act; 2 USC Sec. 681.
      The Impoundment Control Act was enacted by Congress in an effort 
  to control the budgetary impoundment powers asserted by the President. 
  As the court noted in City of New Haven, Conn. v. United States, 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. 17 . -- 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) of 
  the Impoundment Control Act. 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) of the 
  Impoundment Control Act. If the rescission bill is not approved, the 
  President must allow the full amount appropriated to be spent. City of 
  New Haven, Conn. v. United States, 634 F. Supp. 1449, 1452 (D.D.C. 
  1986).
      The 45-day period prescribed by the Act applies only to the 
  initial consideration of the bill; 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. Manual Sec. 1130(6A).
      The Impoundment Control Act sets forth detailed procedures 
  expediting and governing the consideration of a rescission bill 
  introduced under its provisions. Sec. 1017(a)-(c) of the Impoundment 
  Control Act. 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 section 1017 of the Impoundment 
  Control Act. 94-1, Mar. 25, 1975, p 8484.

[[Page 208]]

      Rescissions of prior appropriations are often reported in general 
  appropriation bills, 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 Sec. Sec. 1038, 1043, 1052. However, this exception does not 
  extend to amendments or to the rescission of contract authority 
  provided by a law other than an appropriations Act. Manual Sec. 1052.

                         Under Line Item Veto Act

      Enhanced rescission authority was given to the President on April 
  9, 1996, with the enactment of the Line Item Veto Act. This new 
  authority first became effective in the 105th Congress. It added a new 
  part C to title X of the Congressional Budget and Impoundment Control 
  Act of 1974. 2 USC Sec. 631.
      In Clinton v. City of New York, 524 U.S. 417 (1998), the Supreme 
  Court held that the cancellation procedures of the Line Item Veto Act 
  violated the presentment clause of article I, section 7 of the 
  Constitution. During the period between January 1, 1997 (the effective 
  date of the Act), and the Court decision, the President exercised his 
  authority under the Act to cancel dollar amounts of discretionary 
  budget authority (see e.g., H. Doc. 105-147), new direct spending (H. 
  Doc. 105-115), and limited tax benefits (H. Doc. 105-116). 
  Cancellations were effective unless disapproved by law.
      Although the congressional review procedures remain in the law, 
  the Court decision makes it unlikely that they will be invoked. The 
  procedures may be summarized as follows: The cancellations were 
  transmitted to the Congress by Presidential message within five 
  calendar days after the enactment of the law to which the cancellation 
  applied. The Act provided for a congressional review period of 30 
  calendar days of session with expedited House consideration of bills 
  disapproving the cancellations, including: (1) prescribing the text; 
  (2) referral to committee with directions to report within seven 
  calendar days subject to a motion to discharge; (3) consideration of a 
  disapproval bill in the Committee of the Whole with no amendment in 
  order (except that a Member, supported by 49 other Members, could 
  offer an amendment striking cancellations from the bill), and 
  consideration of the bill for amendment limited to one hour; and (4) 
  one-calendar-day availability for a conference report. 
  Sec. Sec. 1025(d), 1025(f), 1026(6) of the Impoundment Control Act. 
  The Act also provided for expedited procedures in the Senate.

[[Page 209]]

  Sec. 18 . -- Deferrals

      Under section 1013(a) of 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.'' 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. Section 1013 of the Impoundment Control Act allows a 
  deferral to be overridden by a resolution of disapproval passed by 
  either House. Congress could reject the proposal by one-House veto or 
  in subsequent legislation. Today, the Congress may disapprove a 
  deferral only through the enactment of a law (often an appropriation 
  Act). It may not do so through a resolution of disapproval only by one 
  House under court rulings. Manual Sec. 1130 (Congressional Disapproval 
  Provisions Contained in Public Laws).
      In 1986 a suit was brought to contest the validity of certain 
  deferrals proposed by the President under section 1013 of the 
  Impoundment Control Act. In November 1985, the President had signed 
  the fiscal year 1986 appropriations bill for the Department of Housing 
  and Urban Development, 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 (1983). The 
  plaintiffs argued that the unconstitutional legislative veto provision 
  contained in section 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 section 1013, the District Court for 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. United States, 634 F. Supp. 1449 (D.D.C. 1986). Accordingly, 
  the court declared section 1013 void in its entirety and ordered the 
  defendants to make the deferred funds available for obligation. City 
  of New Haven, 634 F. Supp. 1460. The judgment of the District Court in 
  striking down section 1013 in its entirety was affirmed by the U.S. 
  Court of Ap

[[Page 210]]

  peals. City of New Haven, Conn. v. United States, 809 F.2d 900 (D.C. 
  Cir. 1987).
      In 1987, after section 1013 of the Impoundment Control 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. Section 1013 of the 
  Impoundment Control 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.'' 
  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 section 1013 as authority for implementing 
  ``policy'' impoundments, while preserving the President's authority to 
  implement routine ``programmatic'' impoundments. City of New Haven, 
  Conn. v. United States, 809 F.2d 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. 19 . Unfunded Mandates

      The Unfunded Mandates Reform Act of 1995 added a new part B to 
  title IV of the Budget Act 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. 2 USC 
  Sec. Sec. 658-658g. Section 425 of the Budget Act establishes a point 
  of order against consideration of a bill, joint resolution, amendment, 
  motion, or conference report containing unfunded intergovernmental 
  mandates. Section 426(a) of the Budget 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 by the House voting on the 
  question of consideration. Manual Sec. 1127.
      Section 426(b) of the Budget Act requires a Member raising a point 
  of order under section 425 to specify the precise language upon which 
  the point of order is based. Debate on the point of order is on the 
  question of consideration of the underlying text that is the subject 
  of the point of order.

[[Page 211]]

   The Members controlling debate on the point of order may reserve 
  their time, and a manager of a measure who controls time for debate 
  against the point of order has the right to close debate. A point of 
  order under section 426 against consideration of a resolution 
  providing a special order of business that waives section 425 or self-
  executes the adoption of an amendment must be made when the special 
  order is called up and comes too late after the resolution has been 
  adopted. A point of order under section 425 against consideration of a 
  bill is properly raised pending the Speaker's declaration that the 
  House resolve into the Committee of the Whole for such consideration. 
  Manual Sec. 1127.
      Under rule XVIII clause 11, an amendment proposing only to strike 
  an unfunded Federal intergovernmental mandate from a bill in the 
  Committee of the Whole may be precluded only by specific terms of a 
  special order of the House. Manual Sec. 991.


[[Page 213]]

 
                     CHAPTER 8 - CALENDAR WEDNESDAY

                              HOUSE PRACTICE

  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 Sec. Sec. 881-971
          Deschler Ch 21 Sec. 4
          Manual Sec. Sec. 900, 901


  Sec. 1 . In General; Forms

      Under rule XV clause 7, 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. The Calendar 
  Wednesday procedure is utilized infrequently due to its cumbersome 
  operation and to the fact that unprivileged 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.
      The Calendar Wednesday rule may be dispensed with and does not 
  apply during the last two weeks of a session. Manual Sec. 900; 
  Sec. 11, infra.

                                   Form

      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. ______.

      Note: Calendar Wednesday business may be called up only on formal 
  authorization by the committee. A Mem

[[Page 214]]

  ber 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 the 
  Union Calendar but not on the Private Calendar. Manual Sec. 900; 
  Deschler Ch 21 Sec. 4. No priority is given to bills on the House or 
  the Union Calendar. 7 Cannon Sec. Sec. 938, 963.
      The Calendar Wednesday procedure applies only to bills reported 
  from committee and not to amendments between the Houses or to 
  unreported bills. 98-2, June 28, 1984, p 19770. Another limitation of 
  rule XV clause 7(b) is that it applies only to unprivileged public 
  bills. Manual Sec. 900. A privileged 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. 
  Unprivileged bills given privileged status by unanimous-consent 
  agreement or special order are ineligible for consideration under the 
  Calendar Wednesday procedure. 7 Cannon Sec. Sec. 932-935.
      The purpose of the Calendar Wednesday rule is to preserve that day 
  for the class of legislation specified by the rule--namely, 
  unprivileged bills. Manual Sec. 900. Committee reports on bills may be 
  filed on Calendar Wednesday, but they may not be called up for 
  consideration or other action on such days. 7 Cannon Sec. 907.

[[Page 215]]

      When Calendar Wednesday business is being considered under the 
  rule, it is not in order to:

     Move a change of reference. 7 Cannon Sec. Sec. 884, 2117.
     Call up a conference report. 7 Cannon Sec. Sec. 899-901.
     Offer a motion for recess. Manual Sec. 900.
     Call up a privileged bill, even though given privileged status 
         by special order. 7 Cannon Sec. Sec. 932, 934, 935.
     Call up a private bill. Deschler Ch 21 Sec. 4.10.
     Consider business coming over from Tuesday with the previous 
         question ordered. 7 Cannon Sec. 890.
     Call up a resolution of inquiry or move to discharge a 
         committee from the consideration of such a resolution. 7 Cannon 
         Sec. Sec. 896-898.

      On Calendar Wednesdays, the Speaker ordinarily declines to 
  entertain unanimous-consent requests not connected with Calendar 
  Wednesday business. 7 Cannon Sec. Sec. 882-888. However, the House may 
  by unanimous consent, prior to the call of committees on Calendar 
  Wednesday, permit a one-minute speech (Deschler-Brown Ch 29 
  Sec. 10.62), allow a bill to be sent to a House-Senate conference 
  (Manual Sec. 901), or permit consideration of a resolution electing a 
  committee chairman (98-2, Jan. 25, 1984, p 357).


  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. Manual Sec. 901. 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; and debate is resumed from the point at which it was 
  discontinued on the previous Wednesday. 7 Cannon Sec. Sec. 940, 942, 
  966; Deschler Ch 21 Sec. 4.26.
      On rejection by the House of a recommendation by the Committee of 
  the Whole for peremptory disposition of a bill under consideration on 
  Calendar 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 in order on Calendar Wednesdays may precede the call 
  of committees unless the call has been dispensed with as provided for 
  in rule XV clause 7. Manual Sec. 900; 7 Cannon Sec. 881. Calendar 
  Wednesday business

[[Page 216]]

  is privileged matter which may interrupt the daily order of business 
  as specified in rule XIV clause 1. Manual Sec. 871. It takes 
  precedence over other business privileged under the rules, except a 
  veto message privileged under the Constitution (Deschler Ch 21 
  Sec. 4.6), a question of privilege (7 Cannon Sec. Sec. 908-911; 
  Deschler Ch 21 Sec. 4.5), and the administration of the oath to 
  Members (6 Cannon Sec. 22). 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.

      The call of committees on Calendar Wednesday has precedence over:

     The consideration of conference reports. 7 Cannon 
         Sec. Sec. 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; 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.
     The motion for change of reference to committees. 7 Cannon 
         Sec. Sec. 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 Sec. Sec. 882-
         888.

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


  Sec. 5 . The Call of Committees

      Committees are called seriatim in the order in which they appear 
  in rule X, the call being limited to those committees which have been 
  elected. 7 Cannon Sec. Sec. 922, 923, 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. Any 
  committee declining

[[Page 217]]

  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 
  unprivileged bills from either the House Calendar or the Union 
  Calendar, 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. Sec. 850, 
  900.
      Calendar Wednesday business may be called up only on formal 
  authorization by the reporting committee. 7 Cannon Sec. 929. Rule XIII 
  clause 2(b), 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. However, any other committee member must 
  obtain specific authorization of his committee to call up a reported 
  bill on Calendar Wednesday. Manual Sec. 901; 4 Hinds Sec. 3128; 7 
  Cannon Sec. Sec. 928, 929. 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 Sec. Sec. 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.

                                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.

[[Page 218]]

      The refusal of the House to consider a bill called up under the 
  Calendar Wednesday rule does not preclude the bill from 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 Sec. Sec. 955-957.

                         In Committee of the Whole

      The Calendar Wednesday rule allows not more than two hours of 
  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. 900. 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. However, 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 
  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 Sec. Sec. 958, 959. The bill is 
  read for amendment at the conclusion of an hour in favor of the bill 
  if no one rises in opposition. 7 Cannon Sec. Sec. 960, 961.

                                Amendments

      In the Committee of the Whole, amendments may not be offered until 
  the close of the two hours of debate, and the bill is taken up under 
  the five-minute rule and read by section for amendment. 7 Cannon 
  Sec. 960. Committee

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  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. It permitted extended consideration of bills by a single 
  committee, to the exclusion of other committees. Sometimes Wednesdays 
  were monopolized by one committee for 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. However, the 
  House may by two-thirds vote authorize completion on a subsequent 
  Wednesday of an unfinished bill. Manual Sec. 900; 7 Cannon Sec. 946; 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. Manual Sec. 900.
      Any portion of a day is considered an entire day in the 
  apportionment of Calendar Wednesdays to committees. 7 Cannon Sec. 945.


  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 Sec. Sec. 895, 967; 
  Deschler Ch 21 Sec. Sec. 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 was ordered, the question occurs not on 
  Wednesday but on Thursday. 7 Cannon Sec. Sec. 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

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  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. Deschler Ch 21 
  Sec. Sec. 4.40-4.42.
      Calendar Wednesday business may also be dispensed with pursuant to 
  motion under rule XV clause 7. A Member may propose the motion to 
  dispense with Calendar Wednesday any time on Wednesday or any 
  preceding day. 7 Cannon Sec. Sec. 915, 916; Deschler Ch 21 
  Sec. Sec. 4.30, 4.31. For example, the motion may precede District of 
  Columbia business under rule XV clause 4. Deschler Ch 21 Sec. 4.33.
      Debate on the motion to dispense with Calendar Wednesday is 
  limited to 10 minutes, to be divided, five minutes in favor of the 
  motion and five minutes in opposition. Manual Sec. 900. In recognizing 
  a Member for the five minutes in opposition to the motion, the Speaker 
  extends preference to a member of the committee having the call. 
  Deschler Ch 21 Sec. 4.35.
      A two-thirds vote of the Members present is required for its 
  adoption. Manual Sec. 900. The motion to dispense may not be laid on 
  the table. Deschler Ch 21 Sec. 4.36. 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 Sec. Sec. 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 Sec. Sec. 773, 789. Indeed, rule XIII clause 6(c) 
  specifically precludes the Committee on Rules from reporting a special 
  rule dispensing with Calendar Wednesday business by less than a two-
  thirds vote. Manual Sec. 857. However, the Committee on Rules may 
  report a special rule permitting the Speaker

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  to entertain motions to suspend the rules, which could ultimately lead 
  to the suspension of the Calendar Wednesday rule. 8 Cannon Sec. 2267.


[[Page 223]]

 
                           CHAPTER 9 - CALENDARS

                              HOUSE PRACTICE

  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 Sec. Sec. 3115-3118
          7 Cannon Sec. Sec. 881-1023
          Deschler Ch 22 Sec. Sec. 1, 2
          Manual Sec. Sec. 828-830, 892, 898

  Sec. 1 . In General; Kinds of Calendars

      Under rule XIII clause 1, the House maintains various calendars to 
  facilitate the scheduling and consideration of its legislative 
  business. 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. 828.
     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 XVIII clause 3. Bills appropriating money or property 
         are referred to the Union Calendar. Manual Sec. Sec. 828, 973. 
         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. Sec. 830, 892; 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

[[Page 224]]

  which are ready for floor action. They are printed daily and appear in 
  Calendars of the United States House of Representatives.
      Calendar Wednesday and Suspension of the Rules are not legislative 
  calendars. Calendar Wednesday 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. Suspension of 
  the Rules refers to the procedure under which the House considers 
  motions to suspend the rules on Monday and Tuesday. See Suspension of 
  Rules.


  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 rule XII clause 2. Manual Sec. 816. 
  Public bills favorably reported are referred either to the Union 
  Calendar or to the House Calendar. Deschler Ch 22 Sec. 2. Bills 
  favorably reported and placed on either calendar may be placed on the 
  Corrections Calendar under the procedures prescribed in rule XV clause 
  6.
      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.

                       Measures Reported Unfavorably

      Bills and resolutions 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 rule XIII 
  clause 2(a)(2), Members have three days in which to request such a 
  referral. Manual Sec. 832. Such request is normally communicated by 
  the committee to the Clerk at the time of reporting, although it also 
  may be made by a Member from the floor. Absent such a request, an 
  adversely reported measure is laid on the table. Manual Sec. 832. 
  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. 6 Cannon 
  Sec. 411.

                       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 225]]

  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. Manual Sec. 828; 6 
  Cannon Sec. Sec. 746, 747. Such a point of order is untimely if made 
  after consideration of the measure has begun. 7 Cannon Sec. 856.
      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. Manual Sec. 828; 7 Cannon Sec. 859. Thus, 
  a private bill erroneously referred to the Union Calendar may be 
  transferred to the Private Calendar by direction of the Speaker. 
  Manual Sec. 828. 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. 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.
      An error in the referral of a bill to a calendar may also be 
  corrected pursuant to motion. Such a motion presents a question of the 
  privileges of the House. 3 Hinds Sec. Sec. 2614, 2615. However, a mere 
  clerical error in the calendar, such as an incorrect date, does not 
  give rise to such a question. 3 Hinds Sec. 2616.


  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 XII clause 2 to fashion 
  sequential referrals where appropriate. Manual Sec. 816. Section 
  401(b) of the Congressional Budget Act of 1974 and rule X clause 
  4(a)(2) give the Speaker discretionary authority to discharge a bill 
  from the Union Calendar and refer for 15 days to the Committee on 
  Appropriations bills reported by another committee providing certain 
  new entitlement authority. Manual Sec. Sec. 747, 1127.


  Sec. 5 . The Corrections Calendar

      Under rule XV clause 6, bills favorably reported from committee 
  and on the House or Union Calendar are also eligible 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). The Speaker

[[Page 226]]

  may discharge a bill from the Corrections Calendar at any time. Manual 
  Sec. 898.
      Bills on the calendar may be called up for consideration in the 
  House on the second and fourth Tuesdays of each month at any time and 
  in any order. Manual Sec. 898. 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. 898.


[[Page 227]]

 
                CHAPTER 10 - CHAMBER, ROOMS, AND GALLERIES

                              HOUSE PRACTICE

  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 Sec. Sec. 7270-7311
          8 Cannon Sec. Sec. 3632, 3636-3643
          Deschler Ch 4; Deschler-Brown Ch 29 Sec. 85
          Manual Sec. Sec. 677-681, 684

  Sec. 1 . In General; Use of the Hall

      The Hall of the House and unappropriated rooms in the House (rooms 
  not specifically assigned by action of 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 Sec. Sec. 7273-7279. Resolutions assigning a 
  room to a committee have been considered as privileged. 5 Hinds 
  Sec. 7273.
      Under rule IV clause 1, the Hall may be used only for (1) the 
  legislative business of the House; (2) caucus meetings of its Members, 
  including joint party caucuses; (3) ceremonies in which the House 
  votes to participate; and (4) classified briefings of Members, if 
  authorized by the Speaker, during recesses declared under rule I 
  clause 12. Manual Sec. Sec. 623, 677. In rare instances the House has 
  permitted the Hall to be used for ceremonial or special occasions. 8 
  Cannon Sec. 3632; Deschler Ch 4 Sec. Sec. 3.1, 3.4. However, a House 
  and Senate ceremony of religious reconciliation to be conducted in the 
  Hall of the House during a recess requires adoption by both Houses of 
  a concurrent resolution. See, e.g., 107-1, H. Con. Res. 184, Oct. 23, 
  2001, p ____ (never adopted by the Senate). Members may not entertain 
  guests in the Hall. Deschler Ch 4 Sec. 3.2.
      Disorderly or disruptive acts in the Capitol are unlawful, and 
  unauthorized demonstrations are prohibited by law. 40 USC 
  Sec. 193f(b)(4). The unauthorized presence of persons on the floor of 
  either House or in the gallery

[[Page 228]]

  of either House is prohibited. 40 USC Sec. 193f(b)(1), (2). Disorder 
  in the House, see Consideration and Debate.


  Sec. 2 . Admission to the Floor

                                 Generally

      Rule IV clause 2 enumerates those persons entitled to be admitted 
  to the floor or rooms leading thereto. Manual Sec. Sec. 678-681. Among 
  those who may be admitted to the Hall are Members and Members-elect of 
  Congress, the President and Vice President, Judges of the Supreme 
  Court, governors of States, heads of departments, foreign ministers, 
  contestants in election cases during the pendency of their cases on 
  the floor, one attorney for a Member-respondent during consideration 
  of a disciplinary resolution reported from the Committee on Standards 
  of Official Conduct, and other named officials. Manual Sec. 678. The 
  term ``heads of departments'' has been construed to mean members of 
  the President's Cabinet, and the term ``foreign ministers'' has been 
  construed to mean the representatives of foreign governments duly 
  accredited to the United States, and not necessarily those with the 
  title of ``minister'' in their own parliaments. 5 Hinds Sec. 7283. The 
  term ``contestants in election cases'' has been construed to include 
  challengers in an election contest, even though the challenger was not 
  a candidate in the election in which the sitting Member was reelected. 
  Deschler Ch 4 Sec. 4.5.
      It is not in order to refer to persons temporarily on the floor of 
  the House as guests of the House, such as Members' children, other 
  children, or Senators exercising floor privileges. Manual Sec. 678. 
  Although Senators have floor privileges, they are not entitled to 
  address the House. Deschler Ch 4 Sec. 4.8.
      The rule is strictly enforced during regular meetings. However, 
  the rule is less strictly enforced on ceremonial occasions (5 Hinds 
  Sec. 7290) or when the House is in recess during a joint meeting with 
  the Senate (Deschler Ch 4 Sec. 4). 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. Under rule IV 
  clause 1, motions or unanimous-consent requests to suspend the rule 
  may not be entertained by the Speaker or by the Chairman of the 
  Committee of the Whole. 5 Hinds Sec. 7285.
      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.

[[Page 229]]

                              Former Members

      A former Member must observe the rules of proper decorum while on 
  the floor, and the Chair may direct the Sergeant-at-Arms to assist the 
  Chair in maintaining such decorum. Manual Sec. 622. The question of 
  banning a former Member engaged in indecorous behavior on the floor 
  gives rise to a question of privileges of the House. Manual Sec. 680. 
  A former Member may not manifest approval or disapproval of the 
  proceedings. 8 Cannon Sec.  3635. For more information on floor 
  privileges of former Members, see Manual Sec. 680.
      Although former Members, officers, and certain former employees 
  have access to the floor under rule IV clause 2, such an individual is 
  not entitled to the privileges of the floor, or rooms leading thereto, 
  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. 680. 
  For regulations issued by the Speaker under this rule, see 95-1, Jan. 
  6, 1977, p 321; 95-2, June 7, 1978, p 16625; 103-2, June 9, 1994, p 
  12387; 104-1, May 24, 1995, p 14300; 104-2, Aug. 1, 1996, p 21031.

                          Staff; Committee Clerks

      Rule IV clause 2(a)(7) permits on the floor staff of a committee 
  when business from their committee is under consideration and no more 
  than one person from the staff of a Member when that Member has an 
  amendment under consideration. 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 and to require that such individuals remain 
  unobtrusively by the committee tables. Manual Sec. 678. Rule IV clause 
  2(a)(7) also permits on the floor staff of the respective party 
  leaderships when so assigned with the approval of the Speaker. 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 with a pending measure, the rule 
  permits authorized majority and minority staff (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 staff on the floor and has required 
  committee staff to display staff badges when on the floor. Manual 
  Sec. 678. Under rule IV clause 5, and regulations promulgated by the

[[Page 230]]

  Speaker thereunder, staff on the floor are not permitted to pass out 
  literature or otherwise attempt to influence Members in their votes or 
  to applaud during debate. Manual Sec. 681.

                              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. Rule XVII clause 9; Manual Sec. 969; Deschler-Brown Ch 29 
  Sec. 85. 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. Deschler-Brown Ch 29 Sec. 85.15; see 
  Consideration and Debate. Secret classified briefings of Members may 
  be permitted during recesses of the House declared by the Speaker 
  under rule I clause 12. Under rule XXIII clause 13, a Member, officer, 
  or employee must execute an oath of secrecy before having access to 
  classified material. Manual Sec. 1095.


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

      Various electronic devices and computer services are used by the 
  House to expedite quorum calls and votes and for other purposes. 
  Manual Sec. Sec. 1012-1016. For example, a legislative bell and light 
  system alerts Members to quorum calls, the taking of certain votes, 
  and other occurrences on the floor. Manual Sec. Sec. 1014, 1016. 
  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 record vote, nor does such a failure permit a Member 
  to be recorded following the conclusion of the call. Manual Sec. 1016; 
  8 Cannon Sec. Sec. 3153, 3155, 3157; see also Voting.
      The use of a wireless telephone or personal computer on the floor 
  of the House is prohibited under rule XVII clause 5, and the Chair has 
  admonished Members to disable wireless telephones on entering the 
  Chamber. The Chair has also announced that the use of wireless 
  telephones is not permitted in the gallery. Manual Sec. 962.
      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 the request. 94-1, 
  Oct. 28, 1975, p 34027. A Member may speak at any microphone on the 
  floor. Manual Sec. 364. Rule I clause 2 directs the Speaker to 
  preserve order and decorum in the House, and he is authorized to order 
  the microphones turned off if they are being utilized by a Member who 
  has not been properly recognized and who is disorderly. Deschler-Brown 
  Ch 29 Sec. 11.19.

[[Page 231]]

      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. Deschler-Brown Ch 28 Sec. 74.2.


  Sec. 4 . Galleries and Corridors

      Under rule I clause 3, control over the corridors leading to the 
  House Chamber is vested in the Speaker. Manual Sec. Sec. 622, 623. The 
  Speaker may order the corridors cleared during quorum calls and the 
  taking of votes to ensure unimpeded access to the Chamber. Manual 
  Sec. 623. Under rule I clause 2, 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. 970.
      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 or by the 
  Chairman of the Committee of the Whole. Deschler Ch 4 Sec. 5.6. Under 
  rule XVII clause 7, it also is out of order to refer to visitors in 
  the galleries, even with permission to proceed out of order; and the 
  Speaker, on his own initiative, may declare such remarks to be out of 
  order. Deschler Ch 4 Sec. Sec. 5.3, 5.4.


  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. Rules 
  regarding the taking of such pictures may be enforced by the Speaker. 
  Deschler Ch 4 Sec. 3.5 (note). Official photographs of the House while 
  in session may be permitted by resolution. See, e.g., 107-2, June 5, 
  2002, p ____.

                    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. Under rule V, the Speaker directs the audio 
  and visual broadcasting and recording of the proceedings of the House, 
  including periods of voting. 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.

[[Page 232]]

   Broadcasts made available under the rule may not be used for 
  political or commercial purposes. Manual Sec. 684.
      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 that 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 rule V. Manual 
  Sec. 684. Beginning in the 103d Congress, the Speaker has followed a 
  policy under which television cameras would not ``pan'' the Chamber 
  during morning hour or special-order speeches. However, the Speaker 
  directed that a caption run at the bottom of the screen to show that 
  legislative business has been completed for the day. Manual Sec. 684.
      Although rule V clause 2 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. Deschler-Brown Ch 29 
  Sec. 11.19.


[[Page 233]]

 
                         CHAPTER 11 - COMMITTEES

                              HOUSE PRACTICE

              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 and Meetings 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

[[Page 234]]

  Sec. 25.  -- Rights or Privileges of Witnesses
  Sec. 26.  -- Proceedings Against Recalcitrant Witnesses
  Sec. 27.  Media Coverage of Hearings and Meetings

              E. Committee Reports

  Sec. 28.  In General
  Sec. 29.  Form and Contents of Report
  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.  Availability (``Layover'') Requirements
  Sec. 36.  Points of Order Relating to Reports
        Research References
          4 Hinds Sec. Sec. 4019-4703
          7 Cannon Sec. Sec. 1721-2317
          Deschler Ch 17
          Manual Sec. Sec. 714-814, 816, 831-863

                   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 prominent role at every stage 
  of the legislative process. As a general rule, proposed legislative 
  measures are referred to committees before receiving consideration in 
  the House itself. Manual Sec. 446. A committee may report a measure 
  with or without amendments (which may rewrite the measure entirely), 
  report adversely, or fail to report the measure at all. For a 
  discussion of 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 amendments, and general debate is generally under 
  the control of the chair

[[Page 235]]

  man and ranking minority member. See Consideration and Debate and 
  Amendments. Finally, members of the reporting committees are often 
  appointed by the Speaker to serve on the conference committee to 
  resolve differences between competing forms 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.

           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. Variations of these three categories are discussed in 
  later sections.
      Standing committees (created in the standing rules) receive bills 
  and other measures within their jurisdiction upon referral from the 
  Speaker. See Introduction and Reference of Bills. Select committees 
  are established (usually outside the standing rules) to consider a 
  particular matter or subject and may or may not have legislative 
  jurisdiction. A select committee often expires when when it issues its 
  final report on the matter for which it was created. 4 Hinds 
  Sec. Sec. 4403-4405; see Sec. 12, infra. Joint committees take up 
  matters of concern to both Houses. See Sec. 14, infra.

                   Committee of the Whole Distinguished

      The Committee of the Whole has been described as a committee of 
  the House, although it is not a committee in the customary sense. 4 
  Hinds Sec. 4706. The Committee of the Whole, unlike regular 
  committees, does not have a fixed membership. All Members of the House 
  may attend and 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 addressed in a 
  separate chapter of this work. See Committees of the Whole.

[[Page 236]]

                    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 also are addressed in a separate chapter. See Conferences 
  Between the Houses.

                               Subcommittees

      Standing committees may establish subcommittees to study 
  legislation, hold hearings, and make reports to the full committee. 
  With certain exceptions, rule X clause 5(d) precludes a committee from 
  establishing more than five subcommittees. In addition to the 
  exceptions found in the rule itself, the House has occasionally made 
  further exceptions to that stricture. See, e.g., 107-1, H. Res. 5, 
  Jan. 3, 2001, p ____; 108-1, H. Res. 5, Jan. 7, 2003, p ____. Clause 
  5(d) was adopted in the 104th Congress to replace a requirement that 
  all standing committees having more than 20 members establish at least 
  four subcommittees. Manual Sec. 762; see Sec. 11, infra.
      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. 787. Other subunits of committees, 
  such as ``task forces,'' have no formal recognition or authority under 
  the standing rules of the House unless formally established by the 
  House. See, e.g., 102-2, H. Res. 258, Feb. 5, 1992, p 1621.

                                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, e.g., 94-2, H. 
  Res. 1368, July 1, 1976, p 21795 (creating the Commission on 
  Administrative Review); 6 USC Sec. 101 note (creating the National 
  Commission on Terrorist Attacks Upon the United States).

                          Duration of Committees

      The committees of the House remain in existence only during the 
  two-year term of a Congress which created them. The standing 
  committees of the House are usually reconstituted by a new Congress 
  after the standing rules or resolutions specifically creating new 
  committees are adopted. Deschler Ch 17 Sec. 1.2 (note).
      Select committees expire with the term of the Congress in which 
  they were created or at such earlier date as may be specified in the 
  resolution

[[Page 237]]

  creating them. Deschler Ch 17 Sec. Sec. 1, 5.5. Unless permanently 
  established, a select committee ceases to exist when it finally 
  reports in full on the subject committed to it but may be revived by 
  action of the House in referring a new matter to it. 4 Hinds 
  Sec. Sec. 4403-4405. A select committee that expires in one Congress 
  may be reconstituted in the next. Deschler Ch 17 Sec. 5.5. In one 
  instance, a select committee was reconstituted (and its existence 
  extended through subsequent resolution) solely for the purpose of 
  completing activities directly associated with the declassification 
  and public release of its report. Manual Sec. 1112a.
      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. They also may be 
  subsequently established by a simple resolution reported from the 
  Committee on Rules, usually by way of amendment to the House rules. 
  Deschler Ch 17 Sec. Sec. 2.1-2.3. For a discussion of adoption of 
  rules of a new Congress, see Assembly of Congress.
      A resolution reported by the Committee on Rules during a Congress 
  establishing a new committee, changing the name or authority of a 
  committee, or abolishing a committee and transferring its jurisdiction 
  and records to another committee is called up as privileged and is 
  debatable under the hour rule in the House. Deschler Ch 17 
  Sec. Sec. 2.1, 2.4-2.6.

                             Select Committees

      Select committees are normally established by a resolution 
  reported from the Committee on Rules. Deschler Ch 17 Sec. Sec. 5.3, 
  5.5. However, in one instance, a select committee was created pursuant 
  to a floor amendment (offered to the Committee Reform Amendments of 
  1974). 93-2, H. Res. 988, Oct. 8, 1974, p 34470. In another instance, 
  a select committee was created as a separate order included in a 
  resolution adopting the standing rules of the House. 108-1, H. Res. 5, 
  Jan. 7, 2003, p ____. The House also has adopted a privileged 
  resolution reported from the Committee on Rules establishing a new 
  select subcommittee of a standing committee. 104-2, H. Res. 416, May 
  8, 1996, p 10484. For a list of current select committees, see Manual 
  Sec. 1112a.

[[Page 238]]

      A resolution creating a select committee may specify the 
  jurisdiction and powers of the committee and may place it under the 
  authority of a standing committee. Deschler Ch 17 Sec. Sec. 5.2, 5.3; 
  Sec. 12, infra.
      A resolution creating a select committee is reported and called up 
  as privileged, because the Committee on Rules may report at any time 
  on rules, and the creation of such a committee is the equivalent of a 
  new rule. Manual Sec. 853; 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 or a special order reported by the 
  Committee on Rules is necessary to permit its consideration. 95-1, 
  Jan. 4, 1977, p 72. The Committee on Rules itself may not report such 
  a resolution as privileged if it contains provisions outside the 
  jurisdiction of the committee. Deschler Ch 17 Sec. 1.1 (note). 
  However, if such a resolution is referred to another committee for 
  consideration of a provision that also is privileged, both committees 
  may report the resolution as privileged. See, e.g., 102-1, H. Res. 
  258, Nov. 19, 1991, p 32903 (resolution contained a provision funding 
  the select committee from the ``applicable accounts of the House'').

                         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 Sec. Sec. 4401, 4402; 5 Hinds 
  Sec. Sec. 6633, 6634. Thus, the House could refer a message of the 
  President to a special committee to be appointed by the Speaker. At 
  the same time the House could 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. An ad hoc select committee may be 
  established by a resolution called up as a question of privileges of 
  the House. 102-2, H. Res. 431, Apr. 9, 1992, p 9029 (resolution laid 
  on the table).
      Special ad hoc committees may be established pursuant to rule XII 
  clause 2(c). Under this rule, the Speaker has 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 and include members of the committees 
  having legislative jurisdiction. Pursuant to this authority, the 
  Speaker may, with the approval of the House, appoint a special ad hoc 
  committee to consider a particular measure, or a particular bill and 
  similar subsequent bills. A resolution authorizing the Speaker to take 
  such action is privileged when offered from the floor at the Speaker's 
  request. Manual Sec. 816.

[[Page 239]]

                             Joint Committees

      Joint committees are created by law or by concurrent resolution. 
  Manual Sec. Sec. 1108-1112; Deschler Ch 17 Sec. 7; see Sec. 14, infra. 
  A joint committee may be created and vested with jurisdiction as one 
  part of a comprehensive bill or as the sole purpose of a joint 
  resolution. 6 Cannon Sec. 371; Deschler Ch 17 Sec. Sec. 7.4, 7.5. A 
  joint committee created by concurrent resolution must expire (unless 
  reconstituted) with the Congress in which it was created. 4 Hinds 
  Sec. 4409.
      A concurrent 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. However, 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, e.g., the 
  Abraham Lincoln Bicentennial Commission (36 USC Sec. 101 (note)). They 
  may also be created by House resolution. See, e.g., the Commission on 
  Administrative Review, 94-2, H. Res. 1368, July 1, 1976, p 21795.


  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 X clause 6. The request for such authorization is made 
  to the Committee on House Administration, which has jurisdiction over 
  such expenditures. Rule X clause 1(i). 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. See, e.g., 106-1, H. Res. 101, H. Rept. 106-72, 
  Mar. 23, 1999.
      Authorization for the payment of additional committee expenses not 
  covered by the primary expense resolution may be obtained pursuant to 
  one or more ``supplemental expense resolutions.'' Rule X clause 6(b).
      The primary and supplemental expense resolutions, which provide 
  funds under rule X clause 6 for a single committee, are subject to a 
  one-calendar-day layover requirement. A supplemental expense 
  resolution that is not reported by the Committee on House 
  Administration may be considered by unanimous consent (subject to the 
  Speaker's guidelines for recognition of unanimous-consent requests). 
  107-2, H. Res. 359, Mar. 7, 2002, p ____.

[[Page 240]]

      Funds for the Committee on Appropriations are appropriated by the 
  annual appropriation bill for the legislative branch.


        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 Sec. 4524. Since 1911, standing committee 
  chairmen and members have been elected by the House as part of a 
  three-step procedure. First, with certain exceptions, a selection 
  committee--sometimes called a committee on committees or a steering 
  committee--of each party caucus recommends candidates for committee 
  assignments. Second, the party caucus approves the recommendations of 
  the selection committee. Third, the House approves the recommendations 
  of the caucuses, which are brought before the House as privileged 
  resolutions. Rule X clause 5(a)(1); Manual Sec. Sec. 317, 757; 4 Hinds 
  Sec. 4513; 8 Cannon Sec. 2201. The rules of the Democratic Caucus and 
  the Republic Conference prescribe different nomination procedures for 
  the selection of Members to the Committees on Rules and House 
  Administration (the Speaker or the Minority Leader recommends those 
  committee assignments directly to their respective party caucus, 
  bypassing the selection committee). See, e.g., rules 14 and 15, Rules 
  of the Democratic Caucus, 107th Cong. Rule X clause 5(a)(2) dictates 
  the composition of the Committee on the Budget, which is reflected in 
  the party caucus rules relating to the nominations for that committee. 
  See e.g., rule 12, Rules of the Republican Conference, 108th Cong. 
  Furthermore, the Speaker has retained the authority, under rule I 
  clause 11, to appoint Members to select committees. Manual Sec. 637.

                             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. 761. Beginning with the 
  104th Congress, a Member's service as chairman of the same committee 
  is limited to three consecutive Congresses. The same limitation 
  applies to a subcommittee chairman. Rule X clause 5(c). Nominations 
  for chairmen are submitted to the House for its approval in the 
  election resolution. Deschler Ch

[[Page 241]]

  17 Sec. 8.1. Such a resolution is normally called up as privileged by 
  the chairman of the majority party caucus, often as part of a 
  resolution electing all majority members to those committees. Deschler 
  Ch 17 Sec. 8.7 (note). For an example of a resolution electing only 
  committee chairman, and one electing only ranking minority members, 
  see 108-1, H. Res. 22 and H. Res. 24, Jan. 8, 2003, p ____, p ____.
      In the event of a permanent vacancy in the chairmanship, the House 
  elects a successor pursuant to privileged resolution. Manual Sec. 761. 
  This procedure is followed when a vacancy is created on a standing 
  committee by the death of its chairman or after a chairman has 
  resigned. Deschler Ch 17 Sec. Sec. 8.3, 8.5, 8.6. In the temporary 
  absence of the chairman, the member next in rank as named in the 
  resolution electing the committee acts as chairman. Manual Sec. 761.
      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 an acting 
  chairman until further ordered by the House. Manual Sec. 761. 
  Similarly, the resolution electing minority members to a committee may 
  devolve the role of ranking minority member to the next-senior 
  minority member of a standing committee (where the ranking minority 
  member remained absent due to physical infirmity). 105-2, H. Res. 369, 
  Feb. 25, 1998, p ____.

                            Election of Members

      Resolutions electing Members to standing committees have 
  traditionally been offered from the floor and called up as privileged 
  at the direction of the party organization. 8 Cannon Sec. Sec. 2171, 
  2179, 2182. 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 under rule 
  XVI clause 5(b)(2). Manual Sec. 919. However, it is debatable and 
  subject to amendment until such time as the previous question is 
  ordered. 8 Cannon Sec. Sec. 2172, 2174.
      Under rule X clause 5(b)(1), service on a standing committee is 
  contingent upon continuing membership in the nominating party caucus. 
  Such service automatically ceases upon termination of caucus 
  membership. Manual Sec. 960.
      No Member may serve simultaneously as a member of more than two 
  standing committees or four subcommittees unless approved by the House 
  on recommendation of the caucus. Rule X clause 5(b)(2).

[[Page 242]]

                                 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 effective retroactively (Deschler Ch 17 Sec. 9.16). A 
  resolution may also alter the rank among sitting committee members. 
  See, e.g., 107-1, H. Res. 85, Mar. 8, 2001, p ____.


  Sec. 5 . Numerical Composition of Committees; Party Ratios

                              Committee Size

      Rule X clause 5(a)(3) limits the size of only one standing 
  committee of the House, the Committee on Standards of Official 
  Conduct, which is set at five majority and five minority members. 
  Manual Sec. 759. The sizes of other committees of the House are 
  negotiated by the Majority and Minority 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 5(a). Manual 
  Sec. 757.

                               Party Ratios

      The allocation of majority party and minority party representation 
  on committees is normally determined through negotiations between the 
  majority and minority leadership. Historically, the party ratios on 
  most standing committees have 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, e.g., rule X clause 
  5(a)(3), requiring the members of the Committee on Standards of 
  Official Conduct to be five from the majority party and five 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 Committee on Rules, have traditionally 
  reflected disproportionate ratios in favor of the majority party. See, 
  e.g., 8 Cannon Sec. 2184.

[[Page 243]]

  Sec. 6 . The Chairman's Role

      The powers and duties of the full 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.
     Administers oaths to witnesses in hearings in the committee or 
         delegates that authority. Manual Sec. 805; 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 hearings. Manual Sec. 803.
     Authorizes and issues subpoenas when the power to do so has 
         been delegated to him by the committee. Manual Sec. 805.
     Fixes, within certain guidelines, the salaries of staff. 
         Manual Sec. 777.
     Submits reports of his committee to the House, even though he 
         may not have concurred therein. Rule XIII clause 2(b)(1); 4 
         Hinds Sec. Sec. 4670, 4671. However, a committee may order its 
         report to be made by some other member or even by a member of 
         the minority party. 4 Hinds Sec. Sec. 4669, 4672, 4673.
     Submits privileged reports to the House from the floor. Manual 
         Sec. 418.
     Manages bills of his committee in the House under his 
         responsibility to take steps necessary to bring the measure or 
         matter to a vote. Such managerial status entitles him at all 
         stages to prior recognition for allowable motions intended to 
         expedite it. Manual Sec. 834; 2 Hinds Sec. Sec. 1452, 1457; 6 
         Cannon Sec. Sec. 296, 300.
     Receives priority in 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 rule X clause 9 
  (Manual Sec. Sec. 771-781) and by statute (see, e.g., 5 USC 
  Sec. Sec. 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 Sec. Sec. 771-
  774. 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 X clause 9(d).

[[Page 244]]

            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 Sec. Sec. 714-741. 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. 
  Under rule XII clause 2, the Speaker is required to refer a measure to 
  more than one committee where it involves subject matter assigned to 
  different committees. Manual Sec. 816. Under rule XII clause 2(c)(1), 
  the Speaker is required to indicate a primary committee of 
  jurisdiction (except where he determines that extraordinary 
  circumstances justify review by more than one committee as though 
  primary). Additional committees of initial referral are listed after 
  the primary committee. The Speaker imposes time limits on the 
  additional committees once the primary committee reports. Rule XII 
  clause 2(c); Manual Sec. 816. Under rule XII clause 2, the Speaker 
  also may refer a measure sequentially to a committee upon reporting by 
  the committees of initial referral. The Speaker imposes time limits on 
  all sequential referrals. For a discussion of referrals generally, see 
  Bills and Resolutions.
      Rule X requires the Speaker to refer public measures in accordance 
  with its terms and gives some discretion to Members in referring 
  private bills. Manual Sec. Sec. 714, 818. However, the House itself 
  may refer bills to any committee without regard to the rules of 
  jurisdiction, and jurisdiction is thereby conferred. 4 Hinds 
  Sec. Sec. 4362-4364, 4375; 5 Hinds Sec. 5527; 7 Cannon Sec. Sec. 2105, 
  2131.
      The committees, because they are created by the House, 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. A bill may be originated by a committee which has been given 
  jurisdiction to do so by order

[[Page 245]]

  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 or 
         authorizing it to study and report on a particular matter. 
         Manual Sec. 731; 3 Hinds Sec. 1753.
     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 the committee authority to report that measure. 4 
  Hinds Sec. Sec. 4365-4371; 7 Cannon Sec. 2108. However, such is not 
  the case with respect to a private bill unless the reference is made 
  by action of the House itself. 4 Hinds Sec. Sec. 3364, 4382-4391; 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 memorandum of understanding between the committees 
  involved. See, e.g., 96-2, Mar. 25, 1980, pp 6405, 6406, 6408-10 
  (memorandum of understanding among six different committees on energy 
  measures);104-1, Jan. 4, 1995 (memorandum of understanding between two 
  committees concerning the budget process); 104-1, Jan. 30, 1995, p 
  2888 (memorandum of understanding between two committees concerning 
  jurisdiction over the merchant marine resulting from the dissolution 
  of the Committee on Merchant Marine and Fisheries); 107-1, Jan. 30, 
  2001 (memorandum of understanding between two committees concerning 
  jurisdiction over securities). Although these memoranda may explain 
  understandings, they may not alter explicit jurisdictional statements 
  in the rules. Committee reports often contain an exchange of letters 
  between committee chairmen waiving a committee's claim to review a 
  particular bill, with the understanding that this surrender of 
  jurisdiction over the matter is not permanent. See, e.g., 106-2, H. 
  Rept. 106-616.

                   Points of Order; Erroneous Referrals

      The Speaker's referral of a bill is not subject to a point of 
  order. Manual Sec. 825; 4 Hinds Sec. 4372; Deschler Ch 17 
  Sec. Sec. 26, 27.9. Under rule XII clause 7(a), a motion to correct an 
  erroneous reference is privileged if authorized either by the 
  committee to which the bill had been erroneously referred or by the 
  committee claiming jurisdiction. The motion is not debatable. Under 
  the modern practice, however, erroneous referrals are corrected by 
  unanimous consent. The Speaker may also sequentially refer a measure

[[Page 246]]

  (upon reporting by the committee of initial referral) to a committee 
  that was erroneously excluded from the initial referral.
      A point of order against specific language of a bill or an 
  amendment on the ground that its subject is within the jurisdiction of 
  another committee is sustainable in committee, if timely raised, based 
  on the Speaker's standard multiple referral of measures, which is as 
  follows: ``in each case for consideration of such provisions as fall 
  within the jurisdiction of the committee concerned.'' The point of 
  order against a portion of the bill is timely during a committee 
  markup if that portion of the bill is read for amendment. 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 vigilance 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, 
  which provided that each standing committee ``shall exercise 
  continuous watchfulness'' over administrative agencies, and by the 
  Legislative Reorganization Act of 1970, which required periodic 
  reports by committees on their oversight activities. Rule X clause 2 
  requires the House standing committees to exercise general oversight. 
  Manual Sec. Sec. 742, 743.

                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, although special 
  oversight functions, under rule X clause 3, are given to certain 
  standing committees. Manual Sec. Sec. 742, 744. Additional budget and 
  other oversight-related functions are delineated in rule X clause 4. 
  Manual Sec. Sec. 745-756.


  Sec. 10 . Investigative Jurisdiction and Authority

                            Standing Committees

      Under rule XI clause 1(b), each standing committee is authorized 
  to conduct such investigations as it considers necessary or 
  appropriate in carrying out the jurisdictional responsibilities given 
  to it under rule X. Manual Sec. 788. To carry out its duties, each 
  committee and each subcommittee is authorized by rule XI clause 2(m) 
  to hold hearings and to subpoena witnesses

[[Page 247]]

  or compel the production of documents. Manual Sec. 805. As to the 
  issuance and enforcement of subpoenas, see Sec. 24, infra.

                        Select or Joint Committees

      Lacking general investigative authority, 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, e.g., 26 USC 
         Sec. 8022 (conferring investigative duties on the Joint 
         Committee on Internal Revenue Taxation).
     A concurrent resolution. See, e.g., 102-2, H. Con. Res. 192, 
         Aug. 6, 1992, p 21961 (establishing the Joint Committee on the 
         Organization of Congress).
     A standing rule of the House. See, e.g., rule X clause 11 
         (establishing the Permanent Select Committee on Intelligence).
     A simple resolution. See, e.g., 105-2, H. Res. 463, June 18, 
         1998, p ____, (establishing the Select Committee on U.S. 
         National Security and Military/Commercial Concerns with China).

                            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 U.S. 178 (1957). In so ruling, courts have reasoned, ``A 
  legislative body cannot legislate wisely or effectively in the absence 
  of information respecting the conditions which the legislation is 
  intended to affect or change.'' McGrain v. Daugherty, 273 U.S. 135 
  (1927); Eastland v. United States Servicemen's Fund, 421 U.S. 491 
  (1975).
      This investigative power encompasses inquiries concerning the 
  administration of existing laws and the need for proposed legislation. 
  It extends to studies of social, economic, or political problems, and 
  probes departmental corruption, inefficiency, or waste at the Federal 
  level. Watkins, 354 U.S. 178. Although broad, this power of 
  investigation is not unlimited. It may be exercised only in aid of the 
  ``legislative function.'' Kilbourn v. Thompson, 103 U.S. 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, 273 U.S. 135.
      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 U.S. 41 (1952). The investigative power cannot be used to 
  expose merely for the sake of exposure or to inquire into matters 
  which are within the exclusive

[[Page 248]]

  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 implicitly 
  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 
  investigation had not been approved by a majority of the parent 
  committee, as was required by the committee rule. Gojack v. United 
  States, 384 U.S. 702 (1966).
      The courts will not look to the motives which may have prompted a 
  congressional investigation. Watkins, 354 U.S. 178. The courts also 
  will not question the wisdom of the investigation or its methodology. 
  Doe v. McMillan, 412 U.S. 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. The validity of a 
  legislative inquiry is not contingent on a predictable end result. 
  Eastland, 421 U.S. 491.

                    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. United States v. Poindexter, 725 F. 
  Supp. 13 (D.D.C. 1989); United States v. Mitchell, 877 F.2d 204 (4th 
  Cir. 1989).


  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.
      At the start of the 19th century, standing committees began to 
  proliferate. By mid-century the House had 34 standing committees, and 
  by 1900 it had 58. Subsequent additions raised the number of standing 
  committees to 61 by 1905. However, 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). 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.

[[Page 249]]

      In 1995 the House again reorganized its committee system, 
  reestablishing the number at 19 by abolishing three committees and 
  altering the jurisdiction of several others. 104-1, H. Res. 6, Jan. 4, 
  1995, p 462. Under rule X clause 5(d), a standing committee may have 
  no more than five subcommittees. However, clause 5(d) excepts from 
  that stricture (1) a committee that maintains a subcommittee on 
  oversight, which may have six subcommittees; (2) the Committee on 
  Appropriations, which may have 13 subcommittees; and (3) the Committee 
  on Government Reform, which may have seven subcommittees. Manual 
  Sec. 762. The House has occasionally excepted other committees from 
  that stricture. See, e.g., 107-1, H. Res. 5, Jan. 3, 2001, p ____; 
  108-1, H. Res. 5, Jan. 7, 2003, p ____.
      The standing committees of the House, with their antecedent 
  committees, are shown in the following table. This table provides 
  citations to relevant statutes or precedents and to the authority for 
  legislative jurisdiction and/or oversight functions, where applicable.
        

                    Standing Committees (108th Cong.)
            Jurisdiction, Oversight Function, and Antecedents
------------------------------------------------------------------------
Standing Committees (108th Cong.)          Antecedent Committees
------------------------------------------------------------------------
Agriculture
  Established 1820; 4 Hinds Sec.
   4149
  Legislative jurisdiction,
   Manual Sec.  715
  Oversight functions, Manual
   Sec. Sec.  742, 743, 755, 756
 
Appropriations
  Established 1865; 4 Hinds Sec.   Ways and Means (in part), 1802
   4032
  Legislative jurisdiction,
   Manual Sec.  716
  Oversight and additional
   functions, Manual Sec. Sec.
   744-747, 755, 756
 
Armed Services
  Established 1947; 60 Stat. 812   Military Affairs, 1822
  Legislative jurisdiction,        Naval Affairs, 1822
   Manual Sec.  718                Militia, 1835
  Oversight and additional         Atomic Energy (Joint Committee), 1946
   functions, Manual Sec. Sec.
   742-744, 755, 756
  Formerly known as ``National
   Security'' 1995, Manual Sec.
   718
 
Budget
  Established 1974; 88 Stat. 299

[[Page 250]]

 
  Legislative jurisdiction,
   Manual Sec.  719
  Oversight functions, Manual
   Sec. Sec.  742-744, 748, 756
 
Education and the Workforce
  Established 1947; 60 Stat. 812   Education, 1867
  Legislative jurisdiction,        Labor, 1883
   Manual Sec.  720
  Oversight functions, Manual
   Sec. Sec.  742-744, 755, 756
  Formerly known as ``Education
   and Labor'' 1947, ``Economic
   and Educational
   Opportunities'' 1995, Manual
   Sec.  720
 
Energy and Commerce
  Established 1795; 4 Hinds Sec.   Commerce and Manufacturers, 1795
   4096
  Legislative jurisdiction,        Coinage, Weights and Measures, 1867
   Manual Sec.  721
  Oversight functions, Manual      Atomic Energy (Joint Committee), 1946
   Sec. Sec.  742-744, 755, 756
  Formerly known as ``Interstate
   and Foreign Commerce'' 1892,
   ``Commerce and Health'' 1975,
   ``Interstate and Foreign
   Commerce'' 1975, ``Energy and
   Commerce'' 1980, ``Commerce''
   1995, Manual Sec.  721
 
Financial Services
  Established 1865; 4 Hinds Sec.
   4082
  Legislative jurisdiction,
   Manual Sec.  722
  Oversight and additional
   functions, Manual Sec. Sec.
   742, 755, 756
  Formerly known as ``Banking and  .....................................
   Currency'' 1865, ``Coinage,
   Weights and Measures'' 1867,
   ``Banking, Currency and
   Housing'' 1974, ``Banking,
   Finance and Urban Affairs''
   1977, ``Banking and Financial
   Services'' 1995, Manual Sec.
   722
 
Government Reform
  Established 1927; 7 Cannon Sec.  District of Columbia, 1808
    2041
  Legislative jurisdiction,        Public Expenditures, 1814
   Manual Sec.  723

[[Page 251]]

 
  Oversight and additional         State, Treasury, War, Navy, and Post
   functions, Manual Sec. Sec.      Office, 1816
   742-744, 749, 755, 756
  Formerly known as                Justice, 1874
   ``Expenditures in the           Agriculture, 1889
   Executive Departments'' 1927,   Commerce and Labor, 1905
   ``Government Operations''       Post Office and Civil Service, 1947
   1952, ``Government Reform and
   Oversight'' 1995, Manual Sec.
   723
 
House Administration
  Established 1947; 60 Stat. 812   Enrolled Bills, 1789
  Legislative jurisdiction,        Elections, 1794, 1895
   Manual Sec. Sec.  724-728       Accounts, 1805
  Oversight and additional         Mileage, 1837
   functions, Manual Sec. Sec.     Printing, 1846
   742, 743, 750-756               Disposition of Executive Papers, 1889
  Formerly known as ``House        Ventilation and Acoustics, 1893
   Oversight'' 1995, Manual Sec.   Memorials, 1929
   724
 
International Relations
  Established 1822; 4 Hinds Sec.   Atomic Energy (Joint Committee), 1946
   4162
  Legislative jurisdiction,
   Manual Sec.  729
  Oversight functions, Manual
   Sec. Sec.  742-744, 755, 756
  Formerly known as ``Foreign
   Affairs'' 1822,
   ``International Relations''
   1975, ``Foreign Affairs''
   1979, Manual Sec.  729
 
Judiciary
  Established 1813; 4 Hinds Sec.   Claims, 1794
   4054
  Continued, 1947, 60 Stat. 812    Patents, 1837
  Legislative jurisdiction,        Revision of the Laws, 1868
   Manual Sec. Sec.  730, 731      War Claims, 1883
  Oversight functions, Manual      Immigration and Naturalization, 1893
   Sec. Sec.  742, 743, 755, 756   Internal Security, 1969
 
Resources
  Established 1805; 4 Hinds Sec.   Private Land Claims, 1816
   4194
  Legislative jurisdiction,        Indian Affairs, 1821
   Manual Sec.  732

[[Page 252]]

 
  Oversight functions, Manual      Territories, 1825
   Sec. Sec.  742-744, 755, 756    Mines and Mining, 1865
  Formerly known as ``Public       Merchant Marine and Fisheries (in
   Lands'' 1805, ``Insular          part), 1887
   Affairs'' 1899, ``Interior and  Irrigation of Arid Lands, 1893
   Insular Affairs'' 1951,         Atomic Energy (Joint Committee), 1946
   ``Natural Resources'' 1993,
   Manual Sec.  732
 
Rules
  Established 1880; 4 Hinds Sec.   Rules (Select Committee), 1789
   4321
  Mandated by law, 1947, 60 Stat.
   812
  Legislative jurisdiction,
   Manual Sec. Sec.  733, 734
  Oversight functions, Manual
   Sec. Sec.  742-744, 756
 
Science
  Established 1958; 85-2, H. Res.  Merchant Marine and Fisheries (in
   496                              part), 1887
  Legislative jurisdiction,        Atomic Energy (Joint Committee), 1946
   Manual Sec.  735                Astronautics and Space Exploration
  Oversight functions, Manual       (Select Committee), 1958
   Sec. Sec.  742-744, 755, 756
  Formerly known as ``Science and
   Astronautics'' 1958, ``Science
   and Technology'' 1975,
   ``Science, Space, and
   Technology'' 1987, Manual Sec.
    735
 
Small Business
  Established 1975; 93-2, H. Res.  Small Business (Select Committee),
   988                              1941
  Legislative jurisdiction,
   Manual Sec.  736
  Oversight functions, Manual      Small Business (Permanent Select
   Sec. Sec.  742-744, 755, 756     Committee), 1971
 
Standards of Official Conduct
  Established 1967; 90-2, H. Res.  Standards and Conduct (Select
   418                              Committee), 1966
  Legislative jurisdiction,        Ethics (Select Committee), 1977
   Manual Sec. Sec.  736, 737
  Oversight functions, Manual
   Sec.  742
 
Transportation and Infrastructure
  Established 1947; 60 Stat. 812   Public Buildings and Grounds, 1837
  Legislative jurisdiction,        Mississippi Levies, 1875
   Manual Sec.  739

[[Page 253]]

 
  Oversight functions, Manual      Rivers and Harbors, 1883
   Sec. Sec.  742, 743, 755, 756   Merchant Marine and Fisheries (in
  Formerly known as ``Public        part), 1887
   Works and Transportation''      Roads, 1913
   1975, Manual Sec.  739          Flood Control, 1916
 
Veterans' Affairs
  Established 1947; 60 Stat. 812   Pensions and Revolutionary Claims,
  Legislative jurisdiction,          1813
   Manual Sec.  740
  Oversight functions, Manual      Revolutionary Pensions, 1825
   Sec. Sec.  742, 743, 755, 756   Invalid Pensions, 1831
                                   World War Veterans' Legislation, 1924
 
Ways and Means
  Established 1802; 4 Hinds Sec.   Ways and Means (Select Committee),
   4020                             1789
  Legislative jurisdiction,
   Manual Sec.  741
  Oversight functions, Manual
   Sec. Sec.  742, 743, 755, 756
------------------------------------------------------------------------

  Sec. 12 . Select Committees

      Select (or special) committees were used extensively by the House 
  during the early Congresses. In the Jeffersonian era, it was 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. However, 
  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 106th Congress, only the 
  Permanent Select Committee on Intelligence remained. Rule X clause 11; 
  Manual Sec. 1112a. A select committee identified as permanent is 
  reconstituted in each Congress upon adoption of the rules of the 
  House.
      In the modern era, select committees are created primarily to 
  investigate conditions or events. As pointed out elsewhere, all 
  committee investigations must be undertaken in furtherance of a 
  constitutionally assigned function of Congress. Deschler Ch 15 Sec. 1; 
  see Sec. 10, supra.

[[Page 254]]

      Select committees have also been created to study and report on 
  matters with a view toward legislative action. Most select committees 
  of this type lacked authority to report legislation. Instead, they 
  were directed to assess the adequacy of existing laws and, if 
  necessary, to make legislative recommendations. However, several 
  select committees have been empowered to report legislation directly 
  to the House. Deschler Ch 17 Sec. 6. For example, the Select Committee 
  on Homeland Security was required to report to the House its 
  recommendations on a bill establishing a Department of Homeland 
  Security. In making its recommendation, the select committee was 
  required to take into consideration recommendations by each committee 
  to which such bill was initially referred. 107-2, H. Res. 449, June 
  19, 2002, p ____. In the 108th Congress, the House established a 
  successor to the Select Committee on Homeland Security, granting it 
  jurisdiction over matters relating to the Homeland Security Act of 
  2002 (the law enacted on the recommendation of the predecessor select 
  committee). For further discussion on the establishment of select 
  committees, see Guidelines for the Establishment of Select Committees, 
  Committee on Rules, 98-1, February, 1983.
      Finally, select committees have been created to supervise certain 
  routine housekeeping functions; for example, 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), 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 before 
  1947 which were subsequently reconstituted.
        

[[Page 255]]



                            Select Committees
------------------------------------------------------------------------
                       Jurisdiction--Investigative          Reporting
    Committee                   Authority                   Authority
------------------------------------------------------------------------
Aging
  Established      Problems of the older American;      To report
   Jan. 3, 1975;    income maintenance, housing, and     annually to the
   93-2, H. Res.    health; welfare programs             House; no
   988                                                   legislative
  Terminated Jan.                                        authority
   5, 1993,
   Manual Sec.
   784
 
Astronautics and
 Space
 Exploration
  Established      All aspects and problems relating    To report to the
   Mar. 25, 1958;   to the exploration of outer space;   House, by bill
   85-2, H. Res.    resources, personnel, equipment,     or otherwise
   496              and facilities; legislation
  Terminated July
   21, 1958;
   became
   standing
   Committee on
   Science and
   Astronautics
 
Assassinations
  Established      Circumstances surrounding the death  To report to the
   Sept. 17,        of John F. Kennedy and the death     House on the
   1976; 94-2, H.   of Martin Luther King, Jr.           result of its
   Res. 1540                                             investigation
  Terminated Jan.                                        (see H. Rept.
   3, 1979                                               95-1828); no
                                                         legislative
                                                         authority
 
Campaign
 Expenditures
  Established May  Election disputes; electoral fraud;  Reporting
   29, 1928; 70-    excessive campaign expenditures of   authority
   1, H. Res. 232   Presidential or congressional        varied from
  Reestablished     candidates                           Congress to
   by each                                               Congress
   Congress
   through 92-2
 
Chemicals,
 Pesticides, and
 Insecticides
 Affecting Foods
  Established      Chemicals, compounds, and            To report to the
   June 20, 1950;   synthetics in the production of      House on its
   81-2, H. Res.    food products; health factors; the   investigation
   323              agricultural economy; toxic          with
  Terminated Jan.   residues; effect on soil and         recommendations
   3, 1953          vegetation                           for legislation
                                                         (see H. Rept.
                                                         82-2182); no
                                                         legislative
                                                         authority
 

[[Page 256]]

 
Children, Youth
 and Families
  Established      Income maintenance; health;          To report to the
   Sept. 29,        nutrition; education; welfare;       House on the
   1982, 97-2, H.   employment                           results of its
   Res. 421                                              investigations;
  Reestablished                                          no legislative
   by each                                               authority
   Congress
   through 102-2.
 
 
Committees
  Established      Rules X and XI of the rules of the   To report to the
   Jan. 31, 1973;   House; committee structure; number   House by bill,
   93-1, H. Res.    and size of committees;              resolution, or
   132              jurisdiction; committee procedure;   otherwise (see
  Terminated Dec.   meetings, staffing, and facilities   H. Rept. 96-
   20, 1974;                                             866)
   reestablished
   1979; 96-1, H.
   Res. 118;
   records
   transferred to
   Committee on
   Rules, Apr. 1,
   1980
 
Communist
 Aggression
  Established      Seizure of Latvia and Estonia by     To report to the
   July 27, 1953;   the U.S.S.R.; treatment of the       House on its
   83-1, H. Res.    Baltic peoples during this period    study together
   346                                                   with
  Terminated Dec.                                        recommendations
   31, 1954                                              (see H. Rept.
                                                         83-2650); no
                                                         legislative
                                                         authority
 
Congressional
 Operations
  Established      Organization and operation of the    To report
   Mar. 28, 1977;   U.S. Congress; cooperation between   recommendations
   95-1, H. Res.    the Houses; relationship with        on subjects
   420              other branches of government         specified (see
  Terminated Jan.                                        H. Rept. 95-
   3, 1979                                               1843); no
                                                         legislative
                                                         authority
 
Congressional
 Pages
  Established      General welfare and education of     To report on the
   Sept. 30,        congressional pages                  results of its
   1964; 88-2, H.                                        investigations
   Res. 847                                              (see H. Rept.
  Terminated Jan.                                        88-1945); to
   4, 1965                                               make
                                                         recommendations
 

[[Page 257]]

 
Covert Arms
 Transactions
 with Iran
  Established      Investigation of the ``Iran-Contra   To report on the
   Jan. 7, 1984;    affair''; met jointly with Senate    results of its
   100-1, H. Res.   Select Committee                     investigations
   12                                                    (see H. Rept.
  Terminated Nov.                                        100-433)
   13, 1987
 
Crime
  Established May  All aspects of crime in the United   To report on its
   1, 1969; 91-1,   States; its elements, causes, and    investigation
   H. Res. 17       extent; reciprocity of               with
  Terminated June   information; urban crime             recommendations
   30, 1973                                              (see H. Rept.
                                                         93-358); no
                                                         legislative
                                                         authority
 
Energy
  Established      Message of the President dated Apr.  To report to the
   Apr. 21, 1977;   20, 1977, and other communications   House by bill
   95-1, H. Res.    relating thereto; bills or           or otherwise
   508              resolutions sequentially referred    (see H. Rept.
  Terminated Jan.   thereto                              95-543)
   3, 1979;
   jurisdiction
   transferred to
   Energy and
   Commerce, 97th
   Cong.
 
Ethics -
 Standards and
 Conduct of
 Members
  Established      Rules or regulations necessary or    To make
   Oct. 19, 1966;   desirable to ensure proper           recommendations
   89-2, H. Res.    standards of conduct by Members      to the House by
   1013             and by officers or employees of      report or
  Terminated Dec.   the House; reporting of statutory    resolution
   27, 1966;        violations
   standing
   Committee on
   Standards of
   Official
   Conduct
   created Apr.
   13, 1967
 
Ethics
  Established      Certain bills and resolutions        To report to the
   Mar. 9, 1977;    relating to ethical standards of     House on the
   95-1, H. Res.    Members contained in standing        measure
   383              rules; regulations relating          specified (see
  Terminated Jan.   thereto; advisory opinions           H. Rept. 95-
   3, 1979                                               1837); to
                                                         report
                                                         regulations; to
                                                         recommend
                                                         legislation
 

[[Page 258]]

 
Ethics
  Established      Continue investigation of a Member   To resolve the
   Jan. 7, 1997;    by the Committee on Standards of     inquiry and
   105-1, H. Res.   Official Conduct, begun in the       report to the
   5                prior Congress                       House (see H.
  Terminated Jan.                                        Rept. 105-1; H.
   21, 1997                                              Res. 31)
 
Export Controls
  Established      The Export Control Act of 1949;      To report on its
   Sept. 7, 1961;   assessment of accomplishments        investigation
   87-1, H. Res.    under that Act; improvements in      together with
   403              administration and enforcement;      any
  Terminated May    congressional oversight              recommendations
   31, 1962                                              (see H. Rept.
                                                         87-1753); no
                                                         legislative
                                                         authority
 
Foreign Aid
  Established      Basic needs of foreign nations and   To report to the
   July 22, 1947;   peoples; relief in terms of food     House as deemed
   80-1, H. Res.    and clothing; resources and          appropriate; no
   296              facilities; agencies                 legislative
  Terminated May                                         authority
   3, 1948
 
Government
 Research
  Established      Research programs of Federal         To report its
   Sept. 11,        agencies; expenditures for           findings to the
   1963; 88-1, H.   research programs; costs of          House with
   Res. 504         government research                  recommended
  Terminated Jan.                                        legislation
   3, 1965                                               (see H. Rept.
                                                         88-1143)
 
Homeland Security
  Established      Develop recommendations on such      To report its
   June 19, 2002;   matters that relate to the           recommendation
   107-2, H. Res.   establishment of a department of     to the House on
   449              homeland security as may be          a bill
  Terminated        referred to it by the Speaker and    establishing a
   after final      on recommendations submitted to it   department of
   disposition of   by standing committees to which      homeland
   specified bill   the Speaker referred a bill          security (see
   (Nov. 25,        establishing such department         H. Rept. 107-
   2002)                                                 609)
 

[[Page 259]]

 
Homeland Security
  Established      Develop recommendations on such      To report its
   Jan. 7, 2003;    matters that relate to the           recommendations
   108-1, H. Res.   Homeland Security Act of 2002 as     to the House by
   5                may be referred to it by the         bill or
                    Speaker; to conduct oversight of     otherwise on
                    laws, programs, and Government       matters
                    activities relating to homeland      referred to it
                    security; to conduct a study of      by the Speaker;
                    the operation and implementation     to report its
                    of the rules of the House,           recommendations
                    including rule X, with respect to    on changes to
                    homeland security                    House rules to
                                                         the Committee
                                                         on Rules
 
Hunger
  Established      International programs; world food   To conduct
   Feb. 22, 1984;   security; malnutrition; food         studies and
   98-2, H. Res.    production and distribution;         make
   15               agribusiness role                    recommendations
  Reestablished                                          about possible
   each Congress                                         legislation
   through 102-2
 
Intelligence
  Established      Proposals concerning the             To report to the
   Feb. 19, 1975;   intelligence and intelligence-       House on the
   94-1, H. Res.    related programs and activities of   nature and
   138              the U.S. Government; oversight;      extent of
  Terminated Feb.   proposed legislation and other       intelligence
   11, 1976;        matters relating to the CIA          activities of
   became                                                U.S.
   permanent                                             departments and
   select                                                agencies by
   committee,                                            legislation or
   July 14, 1977,                                        otherwise (see
   H. Res. 658                                           H. Rept. 94-
   (rule X clause                                        833)
   11; Manual
   Sec.  785)
 
Katyn Forest
 Massacre
  Established      The massacre of thousands of Polish  To report to the
   Sept. 18,        officers in the Katyn Forest in      House on
   1951; 82-1, H.   territory then under the control     completion of
   Res. 390         of the U.S.S.R.                      its hearings
  Terminated Dec.                                        (see H. Rept.
   22, 1952                                              82-2505); no
                                                         legislative
                                                         authority
 

[[Page 260]]

 
Lobbying
 Activities
  Established      Lobbying activities intended to      To submit
   Aug. 12, 1949;   influence legislation; activities    reports on the
   81-1, H. Res.    of Federal agencies intended to      results of its
   298              influence legislation                study (see H.
  Terminated end                                         Rept. 81-3239);
   of the 81st                                           no legislative
   Cong.                                                 authority
 
Narcotics Abuse
 and Control
  Established      International traffic in narcotics;  To report to the
   July 29, 1976;   prevention; enforcement; organized   House on its
   94-2, H. Res.    crime; drug abuse; treatment;        investigations;
   1350             rehabilitation                       no legislative
  Reestablished                                          authority
   each Congress
   through 102-2
 
Newsprint
  Established      Need for adequate supplies of        To submit
   Feb. 26, 1947;   newsprint and related products;      reports with
   80-1, H. Res.    production possibilities and         recommendations
   58               prospects                            (see H. Rept.
  Terminated Dec.                                        80-2471); no
   31, 1948                                              legislative
                                                         authority
 
Offensive and
 Undesirable
 Literature
  Established May  The extent to which books,           To report to the
   12, 1952; 82-    magazines, and comic books contain   House with
   2, H. Res. 596   immoral, obscene, or otherwise       recommendations
  Terminated Dec.   offensive matter; availability       , including
   31, 1952         through the U.S. mails; adequacy     recommendations
                    of existing laws                     for legislation
                                                         (see H. Rept.
                                                         82-2510); no
                                                         legislative
                                                         authority
 
Outer Continental
 Shelf
  Established      A bill relating to the management    To report the
   Apr. 12, 1975;   of oil and natural gas in the        bill and other
   94-1, H. Res.    Outer Continental Shelf; marine      legislation
   412              and coastal environments; certain    referred to it;
  Terminated Jan.   related matters on this subject on   transmit its
   3, 1979;         referral to it by the Speaker        findings and
   succeeded by                                          make a full
   another select                                        report to the
   committee on                                          House (see H.
   the same                                              Rept. 96-1214)
   subject (96-1,
   H. Res. 53),
   which
   terminated
   July 31, 1980
 

[[Page 261]]

 
Population
  Established      Causes of changing population        To report on the
   Sept. 28,        conditions; population               results of its
   1977; 95-1, H.   characteristics relative to          investigation
   Res. 70          limited resources; population        (see H. Rept.
  Terminated end    planning; global population-         95-1842); no
   of the 95th      related issues                       legislative
   Cong.                                                 authority
 
Professional
 Sports
  Established May  Need for legislation with respect    To report to the
   18, 1976; 94-    to professional sports               House on the
   2, H. Res.                                            results of its
   1186                                                  inquiry (see H.
  Terminated Jan.                                        Rept. 94-1786);
   3, 1977                                               no legislative
                                                         authority
 
Right of Member
 To Be Sworn In
  Established      The right of Adam Clayton Powell     To report to the
   Jan. 10, 1967;   (N.Y.) to be sworn in in the 90th    House within
   90-1, H. Res.    Congress and to a seat therein       five weeks (see
   1                                                     H. Rept. 90-
  Terminated Feb.                                        27); no
   23, 1967                                              legislative
                                                         authority
 
Small Business
  Established      Assistance to small business; small  Reported to the
   Dec. 4, 1941;    business protection; financial       House on
   77-1, H. Res.    aid; small business participation    results of its
   294              in Federal procurement               investigations;
  Reestablished                                          no legislative
   each Congress                                         authority
   until 1970;                                           before becoming
   became a                                              a standing
   standing                                              committee
   committee
   1975; 94-1, H.
   Res. 988; rule
   X clause 1;
   Manual Sec.
   736
 
Survivors'
 Benefits
  Established      Benefits provided under Federal law  To prepare such
   Aug. 4, 1954;    for dependents of deceased members   legislation; to
   83-2, H. Res.    and former members of the armed      report on the
   549              forces                               results of its
  Terminated Jan.                                        investigation
   15, 1956                                              (see H. Rept.
                                                         83-9282)
 

[[Page 262]]

 
Tax-exempt
 Foundations and
 Organizations
  Established      Educational and philanthropic        To report to the
   Apr. 4, 1952;    foundations and related              House on the
   82-2, H. Res.    organizations exempt from Federal    results of its
   561              income taxation; use of              investigation
  Terminated Dec.   foundations                          (see H. Rept.
   16, 1954                                              82-2681); no
                                                         legislative
                                                         authority
 
Transactions on
 Commodity
 Exchanges
  Established      Purchases and sales of commodities;  To report to the
   Dec. 18, 1947;   commodities for future delivery;     House on
   80-1, H. Res.    activities of Federal agencies and   completion of
   404              individuals therein as affecting     its
  Terminated Dec.   the price of commodities             investigation
   31, 1948                                              (see H. Rept.
                                                         80-2472); no
                                                         legislative
                                                         authority
 
U.S. Military
 Involvement in
 Southeast Asia
  Established      All aspects of U.S. military         To report on its
   June 8, 1970;    involvement in Southeast Asia        investigation
   91-2, H. Res.                                         (see H. Rept.
   976                                                   91-1276); no
  Terminated July                                        legislative
   6, 1970                                               authority
 
U.S. National
 Security and
 Military/
 Commercial
 Concerns with
 China
  Established      Investigate technology transfers to  To report on its
   June 18, 1998;   China; successor select committee    investigation
   105-2, H. Res.   assigned to produce unclassified     (see H. Rept.
   463;             version of report filed by           105-851)
   reestablished    predecessor committee                (declassified,
   Jan. 6, 1999,                                         in part,
   106-1, H. Res.                                        pursuant to H.
   5; extended                                           Res. 5 (106-
   Mar. 24, Apr.                                         1)); no
   29, May 13,                                           legislative
   1999, 106-1,                                          authority
   H. Res. 129,
   H. Res. 153,
   H. Res. 170
   (respectively)
  Terminated May
   31, 1999
 

[[Page 263]]

 
U.S. Servicemen
 Missing in
 Action in
 Southeast Asia
  Established      U.S. servicemen identified as        To report to the
   Sept. 11,        missing in action; recovery of       House on its
   1975; 94-1, H.   bodies of known dead;                investigation
   Res. 335         international inspection teams       (see H. Rept.
  Terminated Mar.                                        94-178); no
   13, 1977                                              legislative
                                                         authority
 
White County
 Bridge
 Commission
  Established May  Financial position of the White      To report to the
   25, 1955; 84-    County Bridge Commission; monies     House with
   1, H. Res. 244   received and expenditures made;      recommendations
  Terminated Apr.   anticipated toll-free use            (see H. Rept.
   25, 1956                                              84-2052); no
                                                         legislative
                                                         authority
 
World War II
 Veterans
  Established      Abuses in education, training and    To report on the
   Aug. 28, 1950;   loan guarantee programs of World     results of its
   81-2, H. Res.    War II veterans                      investigation
   474                                                   (see H. Rept.
  Terminated Feb.                                        2501); no
   2, 1951                                               legislative
                                                         authority
------------------------------------------------------------------------

  Sec. 14 . Joint Committees

                                 Generally

      Joint committees are composed of Members from both Houses. 
  Jefferson noted that joint committees were used by the two Houses of 
  the English Parliament. Manual Sec. 325. Since the First Congress, a 
  joint committee has been used to make arrangements for the 
  inauguration of the President and Vice President. Manual Sec. 1112; 3 
  Hinds Sec. 1986. The early congresses formed joint standing committees 
  on the Library and Printing, which exist to this day. Manual 
  Sec. Sec. 1110, 1111; 4 Hinds Sec. Sec. 4337, 4347. For a current list 
  of all joint committees, see Manual Sec. 1108-1112.
      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), and to investigate the revision 
  and codification of the laws (4 Hinds Sec. 4410).

[[Page 264]]

                    Jurisdiction, Functions, and Duties

      Joint committees are used for study and investigation, supervision 
  and oversight, and sometimes for purely ceremonial activities. Joint 
  committees 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 
  Sec. Sec. 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, if so authorized, 
  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. A joint committee 
  created by concurrent resolution must be reestablished by a subsequent 
  Congress.

                            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
  Established 1946; 42 USC Sec.     atomic energy; to report legislation
 2251                               and make recommendations within its
  House mbrs: 9                     jurisdiction; legislative
  Senate mbrs: 9                    jurisdiction abolished 1977; 95-1,
  Terminated Jan. 4, 1977           H. Res. 5
 
Congressional Operations (10       Identification of court proceedings
 mbrs)                              affecting Congress; organization and
  Established 1970; 2 USC Sec.      operation of the Congress;
 Sec.  411-417                      supervision of the Office of
  House mbrs: 5                     Placement and Management; no
  Senate mbrs: 5                    legislative jurisdiction
  Inactive since 94th Cong.;
 Select Committee on
 Congressional Operations
 created, 95-1, H. Res. 420
 

[[Page 265]]

 
Defense Production (10 mbrs)       Review of programs established by the
  Established 1950; 50 USC App      Defense Production Act of 1950;
 Sec.  2161                         Federal emergency preparedness and
  House mbrs: 5                     mobilization policy; integrity of
  Senate mbrs: 5                    defense contracts and the
  Terminated Mar. 1, 1992; no       procurement process; to report to
 appointments after Sept. 30,       the House and Senate on its studies,
 1978                               with recommendations
 
Economic (20 mbrs)                 Economic Report by the President;
  Established 1946; 15 USC Sec.     means of promoting national policy
 1021                               on employment; short-term and medium-
  House mbrs: 10                    term economic goals; to report to
  Senate mbrs: 10                   the House and Senate (by March 1)
  (Manual Sec.  1108)               and to each Budget Committee (by
                                    March 15)
 
Housing (14 mbrs)                  Housing needs in U.S.; building
  Established 1947; H. Con. Res.    material shortages; building costs;
 104                                building codes and zoning laws;
  House mbrs: 7                     housing loans and insurance;
  Senate mbrs: 7                    veterans' preferences; findings to
  Terminated 80th Cong.             be reported to the House and Senate
 
Internal Revenue Taxation (10      Operation and effects of Federal
 mbrs)                              system of internal revenue taxation;
  Established 1926; 26 USC Sec.     to report to the Committee on Ways
 8002                               and Means, and, in its discretion,
  House mbrs: 5                     directly to the House
  Senate mbrs: 5
  (Manual Sec.  1109)
 
Library (10 mbrs)                  Management and expansion of the
  Established 1806; 2 USC Sec.      Library of Congress; rules and
 132b                               regulations for the government of
  House mbrs: 5                     the Library; development of Botanic
  Senate mbrs: 5                    Garden; gifts for the benefit of the
  (Manual Sec.  1110)               Library; statues and other works of
                                    art in the Capitol
 

[[Page 266]]

 
Organization of Congress (24       Organization and operation of
 mbrs)                              Congress; relationship between the
  Two separate joint committees     two Houses and between the Congress
  Established 1965; S. Con. Res.    and other branches of government;
 2                                  committees; to report to the House
  Established 1992; H. Con. Res.    and Senate
 192; (Reestablished Pub. L. No.
 102-392)
  House mbrs: 12
  Senate mbrs: 12
  Terminated Dec. 31, 1967
  Terminated Dec. 31, 1993
 
Printing (10 mbrs)                 Inefficiencies or waste in the
  Established 1846; 44 USC Sec.     printing, binding, and distribution
 901                                of government publications;
  House mbrs: 5                     arrangement and style of the
  Senate mbrs: 5                    Congressional Record; printing of
  (Manual Sec.  1111)               the legislative program for each
                                    day; listing of committee meetings
                                    and hearings
 
Washington Metropolitan Problems   Growth and expansion of the District
  Established 1957; H. Con. Res.    of Columbia and its metropolitan
 172                                area; effectiveness of agencies and
  Terminated 86th Cong.             instrumentalities concerned
                                    therewith; to report to the House
                                    and Senate
------------------------------------------------------------------------

                        D. Procedure in Committees


  Sec. 15 . Committee Rules; Applicable House Rules

                                 Generally

      House committees are required to follow the procedures prescribed 
  by the rules of the House ``so far as applicable.'' Rule XI clause 
  1(a); Manual Sec. 787. They are also bound by those provisions of 
  Jefferson's Manual that are consistent with the rules of the House. 
  Manual Sec. Sec. 792, 1104. Finally, they are bound by their written 
  rules which are adopted by each standing committee under rule XI 
  clause 2(a). Manual Sec. 791. Committee rules must be published in the 
  Congressional Record within 30 days after the committee is elected and 
  are compiled by the Committee on Rules each Congress as a committee 
  print. Manual Sec. 791. If a committee meets pursuant to a rule which 
  has not been published, the proceedings may be held insuffi

[[Page 267]]

  cient to support a perjury conviction for alleged false testimony 
  given to that committee. United States v. Reinecke, 524 F.2d 435 (D.C. 
  Cir. 1975).
      Rule XI clause 1(a)(2) states that each subcommittee of a 
  committee is a part of that committee and subject to its authority, 
  direction, and rules. However, rule XI clause 2 grants certain 
  authorities specifically to subcommittees, such as authorizing and 
  issuing subpoenas. See, e.g., rule XI clause 2(m). Certain other 
  authorities granted under, or prescribed by, rule XI clause 2 are not 
  specifically granted to subcommittees, but have been interpreted to 
  apply to subcommittees. See, e.g., rule XI clauses 2(c), 2(e), 
  2(g)(3), 2(g)(4), 2(h)(3), 2(i), 2(j), and 2(k).

                              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 before the time the bill is ordered reported to the House. 
  Manual Sec. 792. 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. Manual Sec. 791.
      On the other hand, if a committee procedure directly violates a 
  rule of the House, or if a rule specifically permits, a point of order 
  may be raised in the House, which may result in the recommital of the 
  bill. Manual Sec. Sec. 792, 799. For example, a point of order against 
  a measure on the ground that the hearings on such measure were not 
  properly conducted 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. Rule XI 
  clause 2(g)(5).
      A deficiency in a committee report may be the subject of a point 
  of order in the House. Manual Sec. Sec. 837-849. A committee report 
  that erroneously reflects the information required under rule XIII 
  clause 3--for example, 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--may 
  be subject to a point of order. Manual Sec. 839. This error may be 
  corrected by a supplemental report that need not be separately 
  available for three days. Manual Sec. 838.

[[Page 268]]

  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. 794. A meeting or hearing transcript must include, 
  under 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. 796.
      The record of committee action must include 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 public. Manual Sec. 795. In addition, committee reports must 
  include all record votes on motions to report and on any amendments. 
  Manual Sec. 839.

                   Members' Right of Access; Disclosure

      Under rule XI clause 2(e), the records and files of a committee 
  are considered the property of the House and accessible to all Members 
  of the House. However, rule XI clause 2(e) includes an exception to 
  that rule for certain records of the Committee on Standards of 
  Official Conduct and rule X clauses 11(c) and 11(g) include exceptions 
  for the Permanent Select Committee on Intelligence. On one occasion 
  the House restricted access to executive session material of a 
  committee, notwithstanding rule XI clause 2(e), to members of the 
  committee and to such employees of the committee as were designated by 
  the chairman after consultation with the ranking minority member. 105-
  2, H. Res. 252, Sept. 11, 1998, p ____.
      Clause 2(e) does not entitle a Member to bring committee materials 
  into the well of the House and does not necessarily apply to records 
  within the possession of the executive branch that members of the 
  committee have been allowed to examine under limited conditions at the 
  discretion of the agency. Furthermore, committees may prescribe 
  regulations to govern the manner of access, such as limiting 
  examination of files to committee rooms or prohibiting the making of 
  photocopies. Manual Sec. 796.

             Use of Information Obtained in Executive Session

      Testimony or evidence taken in an executive session of a committee 
  is under the control of and subject to the regulation of the committee 
  and, under rule XI clause 2(k), cannot be released or made public 
  without the consent of the committee. Thus, although a Member's right 
  of access under rule XI clause 2(e) may allow him to examine executive 
  session materials in committee rooms, it does not permit him to copy 
  or take personal notes

[[Page 269]]

  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. Manual Sec. 796. Evidence or testimony 
  taken in executive session of a committee may later be made public by 
  vote of the committee. Deschler Ch 17 Sec. 22.2. A committee may take 
  such action even with respect to evidence or testimony taken in 
  executive session under rule XI clause 2(k)(5) that tended to degrade, 
  defame, or incriminate. Deschler Ch 17 Sec. 22.3. A committee may also 
  take such action with respect to threshold discussions held in 
  executive session under rule XI clause 2(g)(2)(B) to explore whether 
  evidence or testimony should be received in executive session.
      Rule XI clause 2(k)(7), which requires a majority of the committee 
  to constitute a quorum for closing a meeting or hearing, also requires 
  a full quorum to release or make public evidence or testimony received 
  in executive session. The chairman has no unilateral authority to 
  release such material. Under clause 2(k)(7), executive session 
  material may be released only when authorized by the committee, a 
  majority being present. Manual Sec. 803.
      Rule X clauses 11(c) and 11(g) provide that executive session 
  material transmitted by the Permanent Select Committee on Intelligence 
  to another committee of the House becomes the executive session 
  material of the recipient committee by virtue of the nature of the 
  material and the injunction of rule X clause 11(g), which prohibit 
  disclosure of such information to Members of the House except in a 
  secret session. Rule XI clause 3(b)(6) prohibits the public disclosure 
  of complaints or information received by the Committee on Standards of 
  Official Conduct except as specifically authorized by that committee 
  in each instance.
      Under rule VIII clause 6(b), minutes or transcripts of executive 
  sessions, or evidence received during such sessions, may not be 
  disclosed or copied in response to a subpoena. A subpoena duces tecum 
  requesting production of executive session records of a committee from 
  a prior Congress may be laid before the House pending a determination 
  as to its propriety. 97-1, Apr. 28, 1981, p 7603.

                     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. On one occasion, 
  the House required that the files of a select committee be held intact 
  and turned over to a newly created committee with similar 
  jurisdiction. Deschler Ch 17 Sec. 19.3. On another occasion, the House 
  gave a select committee the authority to dispose of its records 
  consistent with the rules and laws concerning classified information. 
  106-1, sec. 2(f)(3), H. Res. 5, Jan. 6, 1999, p ____. Pursuant to that 
  authority the select committee transferred its records to the

[[Page 270]]

  Clerk and instructed the Clerk to grant access to those records only 
  with the approval of the chairman and ranking minority member of the 
  former select committee (so long as each remains a Member) and, 
  thereafter, with the approval of the Permanent Select Committee on 
  Intelligence. Manual Sec. 1112a. In the absence of specific 
  disposition by the House, rule VII clause 1 requires the chairman of 
  each committee to deliver to the Clerk all noncurrent records of the 
  committee. Manual Sec. 695. Rule VII clause 3 outlines the procedures 
  for the public release of noncurrent records.

               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 Sec. Sec. 5080-5083; 8 Cannon 
  Sec. Sec. 2485-2493; Deschler Ch 17 Sec. Sec. 20.1, 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. 
  Manual Sec. 360; Deschler Ch 17 Sec. 20.1. 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 committee, unless the committee has voted 
  to make such proceedings public. Manual Sec. 319. The precedents 
  clearly prevent reference in debate to committee actions which impugn 
  the motives of committee members, whether or not by name. Deschler-
  Brown Ch 29 Sec. 54.3.


  Sec. 17 . Meetings

               Regular Meetings; Calling Additional Meetings

      Standing committees must fix regular meeting days. Manual 
  Sec. 793. These meeting days may be on a weekly, biweekly, or monthly 
  basis but must be at least once a month. Rule XI clause 2(b); Manual 
  Sec. 407. Additional meetings may be called by the chairman as he may 
  deem necessary, and a mechanism exists that allows a majority of the 
  committee to require that a special meeting be held to consider a 
  particular measure or matter. Manual Sec. 793. 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

[[Page 271]]

  transact business regardless of his absence. Rule XI clause 2(d); 8 
  Cannon Sec. 2214. In the temporary absence of the chairman or vice 
  chairman designated by the chairman, the ranking majority member who 
  is present presides at the meeting. Rule XI clause 2(d).


  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 Sec. Sec. 424, 427, 792, 911. 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. 792.
     Dispensing with the first reading (in full) of a bill or 
         resolution if printed copies are available. Rule XI clause 
         1(a)(1)(B).
     Limiting the time for debate and the motion to limit debate 
         under the five-minute rule. Manual Sec. 792; 4 Hinds Sec. 4573.
     The motion for the previous question. Manual Sec. 994.
     Voting by the yeas and nays. 4 Hinds Sec. 4572.
     The motion to refer. Manual Sec. 916.
     The motion to lay on the table, but tabling an amendment also 
         carries the bill to the table. 3 Hinds Sec. 1737; 4 Hinds 
         Sec. 4568.
     The motion to reconsider. 4 Hinds Sec. Sec. 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. 787.

      A proposed investigative or oversight report shall be considered 
  as read in committee if it has been available to the members for at 
  least 24 hours (excluding Saturdays, Sundays, or legal holidays except 
  when the House is in session on such a day). Rule XI clause 1(b)(2).

                               Proxy Voting

      Proxy voting in committees, once permitted under certain 
  conditions, was banned beginning in the 104th Congress under rule XI 
  clause 2(f). Manual Sec. 797.

                              Postponed Votes

      In the 108th Congress, rule XI clause 2(h) was amended to permit 
  each committee to adopt a rule authorizing the chairman of a committee 
  or subcommittee to postpone a record vote on the question of approving 
  a measure

[[Page 272]]

  or matter or on adopting an amendment. Proceedings may be resumed on a 
  postponed question at any time after reasonable notice. A committee 
  rule permitting such postponed votes must provide that when 
  proceedings resume on a postponed question, notwithstanding any 
  intervening order for the previous question, the underlying 
  proposition must remain subject to further debate or amendment to the 
  same extent as when the question was postponed.


  Sec. 19 . Hearings

                        Generally; Uses of Hearings

      The three most common uses of hearings held by the committees of 
  the House are: (1) to consider the enactment of a measure into law and 
  to provide a forum where information and opinions on the measure can 
  be presented; (2) to inform the House as to activities that may call 
  for legislation; and (3) to invoke the investigative powers of the 
  House as overseer of Federal programs and operations. Manual Sec. 256.
      Hearings have included such publicized investigations 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), the investigation of covert 
  arms transactions with Iran in 1988 (100-1, H. Res. 12, Jan. 7, 1987, 
  p 821), the investigation of political fundraising improprieties (105-
  1, H. Res. 167, June 20, 1997, p ____), and the investigation of 
  whether the impeachment of President Clinton was warranted (105-2, H. 
  Res. 581, Oct. 8, 1998, p ____).

                         Announcement of Hearings

      A chairman 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 business quorum present, may 
  determine that there is good cause to begin the hearing sooner. In 
  such a case the chairman must make the announcement at the earliest 
  possible date. The announcement must be published in the Daily Digest 
  and made available in electronic form. Manual Sec. 798. The Committee 
  on Rules is exempted from this requirement.


  Sec. 20 . Hearings and Meetings as Open or Closed

                                 Generally

      All committee or subcommittee meetings and hearings 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 or hearing on that day for one of the 
  permissible reasons stated in the rule.

[[Page 273]]

   Rule XI clause 2(g). Permissible reasons include national security, 
  the compromise of sensitive law enforcement information, violation of 
  a law or rule of the House, or a situation where testimony might 
  incriminate, defame, or degrade a person.
      Only members of the committee and such noncommittee Members, 
  staff, and departmental representatives as the committee may authorize 
  may be present at a meeting held in executive session. Rule XI clause 
  2(g)(1). A committee or subcommittee may not exclude from 
  nonparticipatory attendance noncommittee Members from a hearing unless 
  so authorized by the House. Rule XI clause 2(g)(2).
      A motion to close a committee meeting or hearing, like the motion 
  for a secret session in the House, is not debatable. Manual Sec. 969. 
  Under rule XI clause 2(g)(2)(D), all committees may vote to close a 
  hearing for one additional day. The Committees on Appropriations and 
  Armed Services and the Permanent Select Committee on Intelligence may 
  close a hearing for up to five additional, consecutive days. Manual 
  Sec. 798.

     Evidence or Testimony Tending to Defame, Degrade, or Incriminate

      Rule XI clause 2(k)(5) requires certain procedural steps whenever 
  a member of the committee asserts that evidence or testimony before a 
  committee hearing may tend to defame, degrade, or incriminate any 
  person or a witness so asserts for himself. Manual Sec. Sec. 798, 803. 
  A majority of those present may vote to (1) receive the evidence or 
  testimony in executive session under clause 2(k)(5) or (2) go into 
  executive session under rule XI clause 2(g)(2)(B) to hold threshold 
  discussions to explore whether the evidence or testimony may tend to 
  defame, degrade, or incriminate. To continue the hearing in open 
  session, a majority quorum of the committee or subcommittee must be 
  present to entertain a motion that the evidence or testimony is in 
  fact not defamatory, incriminating, or degrading and the committee 
  should proceed in open session. Such a motion requires a majority for 
  adoption. An opportunity to appear voluntarily must be afforded to the 
  witness in either case. Manual Sec. 803.
      A point of order may be raised against a privileged report of a 
  committee relating to the contemptuous refusal of a witness to testify 
  on the ground that the committee had violated rule XI clause 2(k)(5). 
  Deschler Ch 15 Sec. 15. If a witness appears in response to a subpoena 
  and, when called, properly asserts 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. 
  However, the proper assertion must be made by the witness to the 
  committee. If the witness leaves the hearing room without

[[Page 274]]

  making any statement other than that he refuses to testify, the 
  committee is not obligated to go into executive session, because 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. The determination that evidence or 
  testimony may tend to degrade, defame, or incriminate lies with the 
  committee and not with the witness. Deschler Ch 15 Sec. 15.


  Sec. 21 . Quorum Requirements

                                 Generally

      Historically, a majority of a committee constituted a quorum for 
  the transaction of business. Manual Sec. 409; 4 Hinds Sec. Sec. 4540, 
  4552. Under current rule XI clause 2(h), committees may fix the quorum 
  required for the taking of testimony at a hearing to not less than two 
  and (except for Appropriations, Budget, and Ways and Means) may fix 
  the quorum for the conduct of business, other than the reporting of a 
  measure, at not less than one-third.
      Minimum quorum requirements for committees and subcommittees of 
  the House are as follows:
        

------------------------------------------------------------------------
         Action               Minimum Quorum         Rule XI Clause 2
------------------------------------------------------------------------
  To report a measure    A majority of the              (h)(1)
   or recommendation      committee, ``actually         Manual Sec.  799
                          present''
 
  To authorize and       A majority of the              (m)(2)
   issue a subpoena       committee                     Manual Sec.  805
 
  To close a meeting or  A majority of the              (g)(1), (2)
   hearing                committee                     Manual Sec.  798
 
  To make public         A majority of the              (k)(7)
   evidence taken in      committee                     Manual Sec.  803
   executive session
 
  To take evidence or    A majority of the              (k)(5)
   testimony in open      committee                     Manual Sec.  803
   session after
   assertion that it
   defames, degrades or
   incriminates
 
  To take testimony or   Two members                    (h)(2)
   receive evidence at                                  Manual Sec.  800
   hearing
 

[[Page 275]]

 
  To close a hearing     Two members                    (k)(5)
   where assertion of                                   Manual Sec.  803
   defamatory testimony
   or evidence is made
 
  To take any other      One-third of membership        (h)(3)
   action                                               Manual Sec.  800
------------------------------------------------------------------------

  Sec. 22 . -- In Ordering a Report to the House

                                 Generally

      A standing committee cannot validly report a measure unless the 
  report has been authorized at a formal meeting of the committee with a 
  quorum present. Rule XI clause 2(h); Manual Sec. 799; 8 Cannon 
  Sec. Sec. 2220-2222; Deschler Ch 17 Sec. 23.2.
      A point of order of no quorum may provoke a quorum call to obtain 
  the presence of a majority of the committee in the committee room. 
  Manual Sec. 799.

                          Contemporaneous Meeting

      The report is not valid unless authorized with a quorum of the 
  committee actually present at the time the vote is taken. Manual 
  Sec. 799. This rule is derived from Jefferson's Manual, which states 
  that a committee may act only when together--``nothing being the 
  report of the committee but what has been agreed to in committee 
  actually assembled.'' Manual Sec. 407. This requirement means that a 
  majority must be contemporaneously assembled when the question is put 
  or at some point while the vote is taken.
      Although Speakers have indicated that committee members may come 
  and go during the course of the vote if the roll call indicates that a 
  quorum was present, where it is admitted that a quorum was not in the 
  room at any time during the vote and the committee transcript does not 
  show a quorum acting as a quorum, the Chair will sustain the point of 
  order. 8 Cannon Sec. Sec. 2212, 2222. A poll of committee members by 
  telephone will not suffice. Deschler Ch 17 Sec. 23.2.

                        Obsolete ``Rolling Quorum''

      In the 103d Congress the rules were amended to permit a ``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. 103-1, H. Res. 5, Jan. 5, 1993, p 49. 
  This language

[[Page 276]]

  was deleted in the 104th Congress, thus restoring the previous 
  requirement that a ``majority of the committee be actually present'' 
  at the time a measure is ordered reported. 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 cannot simply leave a vote open until a sufficient 
  number of Members have responded to their names.


  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, and the Speaker may question the 
  chairman as to the circumstances of the meeting and the number of 
  committee members present at that meeting. Manual Sec. 799; 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 Sec. Sec. 23.2, 25.2.
      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.
      The absence of a quorum at the time a ``clean'' bill is ordered 
  reported gives rise to a point of order on the House floor, even 
  though the chairman had been previously instructed by the committee to 
  report the bill. Deschler Ch 17 Sec. 23.6.

                                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 or pending the Speaker's declaration, or 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. Sec. 24.2, 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 277]]

     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.

      Rule XI clause 2(g)(5)(B) precludes a point of order against 
  consideration of a reported measure, on the ground that hearings on 
  such measure were conducted without a proper quorum, unless that point 
  was timely made and improperly disposed of in committee.


  Sec. 24 . Witnesses

                      Summoning Witnesses; Subpoenas

      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. Rule XI clause 2(m) permits committees and subcommittees to 
  issue a subpoena when authorized by a majority of the members voting, 
  a majority being present. This authority does not extend to other 
  subunits of a committee such as ``task forces.'' Full-committee 
  chairmen may authorize and issue subpoenas when that authority is 
  delegated by the full committee, either on an ad hoc basis or by 
  committee rule. Such subpoenas must be signed by the chairman of the 
  committee or by a member designated by the committee. Subpoenas issued 
  to persons are returnable at the committee or subcommittee. A subpoena 
  duces tecum, one that commands the production of documents, may 
  specify terms of return other than at a meeting or a hearing. Rule XI 
  clause 2(m)(3)(C).
      Rule XI clause 2(k)(5) requires committees and subcommittees to 
  afford any person who may be defamed, degraded, or incriminated by 
  testimony or evidence the opportunity to voluntarily appear as a 
  witness. That clause and clause 2(k)(6) also require committees and 
  subcommittees to dispose of requests from such person, or requests 
  made by committee members during hearings, to subpoena additional 
  witnesses. Such interlocutory requests can cover the full range of 
  persons and papers for which subpoenas may be authorized under clause 
  2(m).
      Under rule XI clause 2(m), compliance with a committee subpoena 
  may be enforced only as authorized by the House. This clause has been 
  interpreted to require authorization by the full House before a 
  subcommittee chairman may intervene in a lawsuit in order to gain 
  access to documents

[[Page 278]]

  subpoenaed by the subcommittee. In re Beef Industry Antitrust 
  Litigation, 589 F.2d 786 (5th Cir. 1979); see also Contempt. Clause 
  2(m) does not authorize a committee to conduct a deposition or 
  interrogatory before one Member or before staff of the committee. Such 
  authority must be conferred by separate action of the House. Manual 
  Sec. Sec. 800, 805.

                        Interrogation of Witnesses

      Under rule XI clause 2(j)(2)(A), questioning of a witness 
  appearing before a committee proceeds under the five-minute rule. Each 
  member must be given an opportunity to question a witness for five 
  minutes. Where more than one witness testifies in a ``panel,'' each 
  member is permitted to question each witness in the panel for five 
  minutes. Clauses 2(j)(2)(B) and 2(j)(2)(C) enable committees to permit 
  extended examinations of witnesses for 30 additional minutes by 
  designated members, or by staff, of each party.

                     Witnesses Called by the Minority

      Under rule XI clause 2(j)(1), whenever a hearing is conducted by a 
  committee on a measure or matter, the minority members on the 
  committee have the right to call witnesses of their own choosing to 
  testify on that measure or matter of a hearing for one day. Such a 
  request must be supported by a majority of the minority members and 
  submitted to the chairman before completion of the hearing. The 
  chairman may set the day under a reasonable schedule. Manual Sec. 802.

                                  Perjury

      It is a felony to give perjurious testimony before a congressional 
  committee. 18 USC Sec. 1621. It is a felony to make false, fictitious, 
  or fraudulent statements before any department or agency of the United 
  States, including congressional committees. 18 USC Sec. 1001. However, 
  the courts have ruled 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. United States v. Cross, 170 F. Supp. 303 (D.D.C., 
  1959).
      A quorum of a committee must be present when testimony is given to 
  support a charge of perjury. Manual Sec. Sec. 343, 409, 803;  
  Christoffel v. United States, 338 U.S. 84 (1949). The absence of a 
  quorum of a committee at the time a witness willfully fails to produce 
  subpoenaed documents is not a valid defense in a prosecution for 
  contempt where the witness failed to raise

[[Page 279]]

  that objection before the committee. United States v. Bryan, 339 U.S. 
  323 (1950); United States v. Fleischman, 339 U.S. 349 (1950).

                         Use of Written Statements

      Under rule XI clause 2(g)(4), committees are encouraged to require 
  each prospective witness to file a written statement of proposed 
  testimony in advance and limit oral presentation to a summary thereof. 
  The committees also must require, to the greatest extent practicable, 
  nongovernmental witnesses who submit written statements to submit with 
  such statement curriculum vitae and disclosures of Federal grants or 
  contracts received over the previous three years. Under rule XI clause 
  2(k)(8) witnesses are permitted, at the discretion of the committee, 
  to submit brief, sworn statements in writing for inclusion in the 
  committee record.

                           Subpoena Duces Tecum

      Under rule XI clause 2(m)(3)(B), a subpoena for documents may 
  specify terms of return other than at a meeting or hearing of the 
  committee or subcommittee authorizing the subpoena, such as at 
  committee offices.

                               Witness Fees

      Rule XI clause 5 authorizes the Committee on House Administration 
  to establish the per diem and travel rates of reimbursement of 
  witnesses. 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 in accordance with the 
  Constitution, particularly the first, fourth, and fifth amendments. 
  Witnesses appearing at hearings cannot be compelled to give evidence 
  or testimony against themselves, cannot be subjected to unreasonable 
  search and seizure, and cannot have their first amendment freedoms of 
  speech, press, religion, or political belief and association abridged. 
  Watkins v. United States, 354 U.S. 178 (1957).

                 The Privilege Against Self-incrimination

      The privilege against self-incrimination may be invoked by a 
  person subpoenaed 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 
  Sec. Sec. 1699, 2514. The assertion of the privilege against self-
  incrimination need take no particular form, pro

[[Page 280]]

  vided the committee can reasonably be expected to understand it as an 
  attempt to invoke the privilege. Quinn v. United States, 349 U.S. 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 U.S. 367 (1951).

                            Immunity Procedures

      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. 18 USC 
  Sec. Sec. 6002, 6005. Under the statute, the request for the court 
  order must have been approved by two-thirds of the entire membership 
  of the committee. The statute has been upheld as constitutional. 
  Application of U.S. Senate Select Committee on Presidential Campaign 
  Activities, 361 F. Supp. 1270 (D.D.C., 1973); see also 6 Cannon 
  Sec. 354.

                       Under the Rules of the House

      A witness appearing at a hearing before a committee of the House 
  is entitled to certain rights or privileges under the rules of the 
  House. Rule XI clause 2(k); Manual Sec. 803. Under these rules, a 
  witness is entitled:

     To a copy of the committee rules (upon request).
     To be accompanied by counsel to advise on constitutional 
         rights.
     To seek a closed hearing if the evidence or testimony tends to 
         defame, degrade, or incriminate him.
     To submit requests for committees to subpoena additional 
         witnesses.
     To submit brief and pertinent sworn statements in writing for 
         inclusion in the committee record (at discretion of committee).
     To a transcript of his testimony if given in an open hearing.

      Although the applicable rule permits witnesses to have counsel at 
  hearings to advise on constitutional rights, 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. Deschler Ch 15 
  Sec. 14.3.

[[Page 281]]

  Sec. 26 . -- Proceedings Against Recalcitrant Witnesses

      An individual who fails or refuses to comply with a House subpoena 
  may be cited for contempt of Congress. The Supreme Court has found the 
  subpoena power to be an ``indispensable ingredient'' of the 
  legislative powers granted to Congress by the Constitution. Eastland 
  v. United States Servicemen's Fund, 421 U.S. 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 U.S. 204 (1821). To supplement this inherent power, the 
  Congress in 1857 adopted an alternative statutory contempt procedure. 
  Under this statute, the House may certify to the appropriate U.S. 
  Attorney the witness's refusal to comply with a congressional 
  subpoena. House certification is effected by its adoption of a report 
  from the committee where the refusal took place. The contempt is 
  punishable by fine and imprisonment. 2 USC Sec. Sec. 192, 194. For 
  comprehensive discussion, see Contempt; Manual Sec. Sec. 293-299.


  Sec. 27 . Media Coverage of Hearings and Meetings

      Rule XI clause 4 requires that open committee hearings and 
  meetings be open to audio, video, and photographic coverage by 
  accredited press representatives. Manual Sec. Sec. 807-812. The rule 
  also requires committees to adopt written rules to govern such 
  coverage within certain parameters set forth in the rule.


                           E. Committee Reports


  Sec. 28 . In General

              Necessity of Report; Chairman's Duty to Report

      Under rule XIII clause 2 (first adopted in 1880), a bill reported 
  from a committee must be accompanied by a written report. Manual 
  Sec. 833. Reported bills that are not accompanied by a written report 
  are not placed on a calendar. 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. The Speaker makes no determinations 
  as to the sufficiency of a report beyond specific requirements of 
  House rules. 2 Hinds Sec. 1339.
      It is the duty of each committee chairman to ``promptly'' report 
  measures approved by the committee to the House. Rule XIII clause 
  2(b)(1);

[[Page 282]]

  Manual Sec. 834. 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. 835.

                    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. Rule XI clause 
  2(h)(1); Manual Sec. 407; 4 Hinds Sec. 4585; 8 Cannon Sec. Sec. 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 may be submitted to the House. 4 Hinds Sec. 4591. If a bill is 
  held to be improperly reported, the bill is not entitled to a place on 
  the calendar. 4 Hinds Sec. 3117. After the House has voted to consider 
  a bill or after consideration has begun in the House, 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. Sec. 4598, 
  4599; 8 Cannon Sec. Sec. 2223, 2225.
      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 rules of the 
  House, such as the reporting requirements contained in rule XIII, may 
  result in automatic recommittal of the bill if a point of order is 
  sustained. See, e.g., 8 Cannon Sec. 2237. Under rule XIII clause 
  3(a)(2), a committee may file a supplemental report to correct 
  technical errors in its initial report. Such supplemental report is 
  subject to a new three-day availability under rule XIII clause 4(a), 
  except that a supplemental report only correcting errors in the 
  depiction of record votes under rule XIII clause 3(b) is not subject 
  to such availability requirement. 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.

[[Page 283]]

                      Adverse or Unfavorable Reports

      A committee may report a bill adversely, even though the committee 
  originated the bill. Manual Sec. 832; 4 Hinds Sec. 4659. A committee 
  may also report a bill to the House with no recommendation for action. 
  4 Hinds Sec. Sec. 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). Motions to report favorably, unfavorably, or with 
  no recommendation have no priority over each other in committee and 
  are not in order as amendments to each other.

                  Multiple Reports; Supplemental Reports

      The report of a committee must be confined to a single volume, and 
  ordinarily only one report is filed on each bill. Sec. 29, infra. 
  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, rule XIII clause 3(a)(2) permits 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 
  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 (1) to correct the failure of a committee to 
  comply at all with the reporting requirements set forth in rule XIII 
  (such as the requirement to include a committee cost estimate); (2) to 
  change a statement of legislative intent contained in the initial 
  report (Deschler Ch 17 Sec. 64.1 (note)); (3) to include additional 
  views not timely submitted for inclusion with the report; or (4) to 
  outline substantive interpretations of a previously reported bill. In 
  those cases, unanimous consent is required for a committee to file a 
  supplemental report. In any case, a supplemental report is subject to 
  the three-day layover requirement under rule XIII clause 4(a) unless 
  it only corrects errors in the depiction of record votes. Rule XIII 
  clause 3(a)(2).

             Reporting Bills with Amendments; ``Clean'' Bills

      A committee may report a bill with sundry 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 ``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,

[[Page 284]]

  the committee cannot vote to report until it has the perfected text 
  before it. Deschler Ch 17 Sec. 23.6.


  Sec. 29 . Form and Contents of Report

      Rule XIII governs the form and content of committee reports. Rule 
  XIII clauses 2(a) and 3(a), respectively, require that committee 
  reports be printed and confined to a single volume. Verbal statements 
  will not be received in the House as the report of a committee. 4 
  Hinds Sec. Sec. 4654, 4655.
      Under rule XIII, a report on any measure or matter shall include:

     Minority, supplemental, or additional views if properly 
         submitted. Clause 3(a).
     The total number of record votes cast in committee for or 
         against the reporting of the measure or matter and on any 
         amendment thereto, and the names of those voting for or 
         against. Clause 3(b).
     Oversight findings and recommendations required pursuant to 
         clause 2(b)(1) of rule X. Clause 3(c)(1).
     A statement of performance goals and objectives. Clause 
         3(c)(4).

      Under rule XIII, a report on any public bill or joint resolution 
  shall include:

     A statement describing fiscal ramifications of the measure as 
         required by section 308 of the Congressional Budget Act of 
         1974, if the measure provides new budget authority or new or 
         increased tax expenditures. Clause 3(c)(2).
     An estimate and comparison required under section 402 of the 
         Congressional Budget Act as to the costs anticipated in 
         carrying out the bill or joint resolution over specified 
         periods of time, if timely submitted. Clause 3(c)(3).
     A statement citing constitutional authority of Congress to 
         enact the bill or joint resolution. Clause 3(d)(1); Manual 
         Sec. 841.
     An estimate by the committee of the costs incurred in carrying 
         out the bill or joint resolution in the fiscal year it is 
         reported and in each of five following fiscal years (which may 
         be satisfied by including a section 402 estimate). Clause 
         3(d)(2).
     A comparative print indicating changes in existing law (the 
         Ramseyer Rule). Clause 3(e); Sec. 30, infra.

      Rule XIII clause 3(f) requires a report of the Committee on 
  Appropriations on a general appropriation bill to include:

     A description of the effect of any provision of the 
         accompanying bill that changes the existing law.
     A list of unauthorized appropriations contained in the bill.
     A list of rescissions and transfers.


[[Page 285]]



      In addition, clause 3(f)(2)(A) requires an appropriation bill or 
  joint resolution to include separate headings for ``Rescissions'' and 
  ``Transfers of Unexpended Balances'' contained in the bill or joint 
  resolution.
      Rule XIII clause 3(g) requires a report of the Committee on Rules 
  on a resolution proposing to repeal or amend a standing rule of the 
  House to include a ``Ramseyer'' comparison of the proposed text with 
  the existing rule. Sec. 30, infra.
      Rule XIII clause 3(h) requires a report of the Committee on Ways 
  and Means on a measure proposing to amend the Internal Revenue Code of 
  1986 to include (or to be printed in the Congressional Record by the 
  chairman of the Committee on Ways and Means before consideration) a 
  ``tax complexity analysis'' and a ``macroeconomic impact analysis'' 
  prepared by the Joint Committee on Internal Revenue Taxation.
      Reports are also required to contain identification and cost-
  estimates of Federal mandates under the Unfunded Mandates Reform Act 
  of 1995 (Manual Sec. Sec. 843, 1127) and a description of the 
  applicability of the measure to the Legislative Branch under the 
  Congressional Accountability Act of 1995 (Manual Sec. 842).


  Sec. 30 . Comparative Prints; The Ramseyer Rule

                                 Generally

      Rule XIII clause 3(e), 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 must 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. The purpose of the rule is to 
  inform Members of any changes in existing law by the proposed 
  legislation. Deschler Ch 17 Sec. 60.
      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. 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. Deschler Ch 17 Sec. 60.4. Where there has been a multiple 
  referral of a measure to two or

[[Page 286]]

  more committees, each committee need only Ramseyer the changes it 
  recommends and not the changes recommended by the other committees. 
  Manual Sec. 816.

                            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 the proposition of 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. 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. Deschler Ch 17 Sec. 60.3.
      The Ramseyer rule is applicable whenever a committee reports a 
  bill repealing or amending ``a statute or part thereof.'' Manual 
  Sec. 846. 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.

      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 rule XIII clause 3(g) whenever the 
  Committee on Rules reports a resolution proposing to repeal or amend a 
  standing rule of the House or part thereof. This clause does not apply 
  to resolutions that merely provide temporary waivers of rules during 
  the consideration of particular legislative business and does not 
  apply to a resolution providing for the consideration of a bill with 
  textual modifications that would effect certain changes in House rules 
  on enactment of the bill into law but not itself repealing or amending 
  any rule. Manual Sec. 848.
      The Ramseyer rule applies to general appropriation bills where 
  such bills include legislative provisions. 8 Cannon Sec. 2241. General 
  appropriation

[[Page 287]]

  bills are also subject to a separate rule requiring that the report 
  contain a statement of the effect of any changes in existing law. Rule 
  XIII clause 3(f).

                          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 that deviations were minor and 
  inconsequential. Deschler Ch 17 Sec. Sec. 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. Deschler Ch 17 Sec. 60.14.

                              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 Sec. Sec. 2243, 2245; Deschler Ch 17 
  Sec. Sec. 60.15-60.18. The point of order does not lie in the 
  Committee of the Whole. Deschler Ch 17 Sec. 60.16. Thus, the proper 
  time to raise the point of order is when the motion is made to go 
  into, or the Speaker declares the House resolved 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. Manual Sec. 905. 
  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.
      Compliance with the Ramseyer rule may be waived by unanimous 
  consent or by special rule. Deschler Ch 17 Sec. Sec. 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; Supplemental Report

      Technical defects in a Ramseyer may be remedied by a supplemental 
  report, which may be filed with the Clerk under rule XIII clause 
  3(a)(2) without unanimous consent. 8 Cannon Sec. 2247. Two remedies 
  are available to the Chair when he sustains a point of order for 
  failure to comply with the Ramseyer rule. The Chair may recommit the 
  bill to the respective committees reporting it. 8 Cannon Sec. 2237; 
  Deschler Ch 17 Sec. 60.2. This was the automatic remedy before the 
  adoption of rule XIII clause 3(a)(2). When a

[[Page 288]]

  bill was recommitted for failure to conform to the rule, further 
  proceedings were de novo and the bill was considered again and 
  reported by the committee as if no previous report had been made. 8 
  Cannon Sec. 2249. In the alternative, the Chair may announce that 
  consideration of the bill must await the filing of a supplemental 
  report under clause 3(a)(2) to cure the defect. The latter remedy is 
  most suitable where the violation is merely technical.


  Sec. 31 . Printing; Referral to Calendars

                                 Generally

      Unless a report is privileged for immediate consideration, it is 
  delivered to the Clerk for printing and reference to the proper 
  calendar under the direction of the Speaker. Manual Sec. 831; Sec. 33, 
  infra. 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.
      Referrals, including sequential referrals, see Bills and 
  Resolutions.

                              Adverse Reports

      Under rule XIII clause 2(a)(2), a bill reported adversely is laid 
  on the table unless the reporting committee or a Member requests the 
  Clerk to refer the bill to a calendar. 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. 
  However, reports on resolutions of inquiry, are considered privileged, 
  are reported as such, whether favorable or adverse, and are printed 
  and referred. Manual Sec. 864; see also Calendars.

                            Correcting an Error

      A ``star print'' is a reprint of a committee report or reported 
  bill to correct errors in the first printing of the report. A ``star 
  print'' may be authorized by the Speaker to correct an error made by 
  the Government Printing Office. 95-2, June 23, 1978, p 18806. A 
  committee may correct a technical error in its report by filing a 
  supplemental report under rule XIII clause 3(a)(2). Sec. 28, supra.


  Sec. 32 . Supplemental, Minority, and Additional Views

      The members of a committee who are in the minority may not present 
  a proposition of legislation but have the right to file views to 
  accompany the report. 4 Hinds Sec. Sec. 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.

[[Page 289]]

      Rule XI clause 2(l) entitles a member of the committee who gives 
  notice to two additional calendar days to file with the clerk of the 
  committee supplemental, additional, or minority views. The member must 
  give notice at the time of the approval of the report. The two 
  calendar days begin the day after the measure is ordered reported and 
  do not count Saturdays, Sundays, and legal holidays except when the 
  House is in session. Such views must be in writing and signed by the 
  submitting member. Manual Sec. 804. 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. Views may also be called 
  ``separate,'' ``concurrent,'' or ``dissenting.''
      Under rule XIII clause 2(c), views submitted under rule XI clause 
  2(l) must be included in, and must be part of, the report. Under rule 
  XIII clause 3(a), the cover of the report must recite the inclusion of 
  such views. When the two additional days guaranteed by rule XI clause 
  2(l) expire, the committee may arrange to file its report with the 
  Clerk not later than one hour after the expiration of such time, even 
  if the House is not in session. Rule XIII clause 2(c).


  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. 831. Privileged reports are filed from the floor and 
  referred to the appropriate calendar by the Speaker. Manual Sec. 853; 
  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. Sec. 831, 853. Except as provided in rule XIII clause 2(c), 
  unanimous consent is required to file a committee report when the 
  House is not in session, and such permission may not be obtained by 
  motion. Manual Sec. 418; Deschler Ch 17 Sec. 62; Sec. 32, supra.
      The House may extend the time for a select committee to file a 
  report pursuant to a simple resolution (105-1, H. Res. 170, May 13, 
  1999, p ____) 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 and to a unanimous-
  consent request agreed to in each House. Deschler Ch 17 
  Sec. Sec. 62.10, 62.11.

[[Page 290]]

  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 Committee on Rules. 
  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 Sec. Sec. 63.1, 
         63.2.
     Reports on impeachments and matter incidental thereto. 
         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 Sec. Sec. 63.4-63.7.
     Reports by those committees specified by rule XIII clause 5 to 
         report at any time on particular matters, subject to applicable 
         layover requirements. Manual Sec. 855.
     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. Manual Sec. 1130; Deschler Ch 17 Sec. 63.11 
         (note).

      As noted above, certain committees are, under rule XIII clause 5, 
  given leave to report at any time on matters particularized in the 
  rule. Manual Sec. Sec. 853, 855. 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)
 

[[Page 291]]

 
        Budget                                           Matters
                                                          under
                                                          titles
                                                          III and
                                                          IV of
                                                          the
                                                          Congres
                                                          sional
                                                          Budget
                                                          Act of
                                                          1974
 
        House Administration                             Enrolled
                                                          bills;
                                                          electio
                                                          n
                                                          contest
                                                          s;
                                                          printin
                                                          g;
                                                          noncurr
                                                          ent
                                                          House
                                                          records
                                                          ;
                                                          expendi
                                                          tures
                                                          of
                                                          applica
                                                          ble
                                                          account
                                                          s of
                                                          the
                                                          House
 
        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). However, such 
  right does not exist when in conflict with other rules of the House. 8 
  Cannon Sec. 2291. Measures reported under a leave to report at any 
  time yield to matter enjoying a higher privilege in the order of 
  business, to questions of privilege (Manual Sec. 854; 6 Cannon 
  Sec. 557), and to measures already given a priority by a special order 
  (4 Hinds Sec. Sec. 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.
      Generally, nonprivileged reports are made by delivering them to 
  the Clerk. Manual Sec. 831. Reports privileged under the rules must be 
  made from the floor. Manual Sec. 853; 4 Hinds Sec. 3146; 8 Cannon 
  Sec. Sec. 2230, 2233. Privileged reports filed under rule XIII clause 
  2(c), and reports privileged 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. Manual Sec. 834; 4 Hinds Sec. 4669. He may do so even 
  though he has not concurred therein. 4 Hinds Sec. 4670. However, the 
  committee may authorize other members of the committee to present 
  reports, and under some circumstances minority members of the 
  committee have been ordered to present the report of the committee. 4 
  Hinds Sec. Sec. 4669, 4672, 4673; 8 Cannon Sec. Sec. 2314, 2315.
      Reports are not normally read by the Clerk. However, in a few 
  cases, where a report does not accompany a bill or other proposition 
  of action, but presents facts and conclusions under consideration by 
  the House, it is read

[[Page 292]]

  by the Clerk (such as the predicate for a contempt resolution). Manual 
  Sec. 422.

                                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. 
  When placed on the calendar, a bill is not subject to further 
  consideration by the committee reporting it. 8 Cannon Sec. Sec. 2218, 
  2307.


  Sec. 35 . Availability (``Layover'') Requirements

      With certain exceptions, rule XIII clause 4(a) requires 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. 850. The three-day rule runs anew from the time of 
  availability of a supplemental report to correct a technical error in 
  a previous report, except to correct errors in the depiction of record 
  votes. Rule XIII clause 3(a); Deschler Ch 17 Sec. 64.1.
      Rule XIII clause 4 exempts the following from the three-day 
  layover requirement:

     A resolution from the Committee on Rules providing a rule, 
         joint rule, or order of business (clause 4(a)(2)(A)), such 
         reports being subject to a separate one-day layover requirement 
         unless the House determines by a vote of two-thirds to consider 
         the resolution on the same day (clause 6(a)(1)).
     A resolution from the Committee on House Administration 
         providing committee expenses (clause 4(a)(2)(B)), such reports 
         being subject to a separate one-day layover requirement (rule X 
         clause 6(a)).
     A bill called from the Corrections Calendar under rule XV 
         clause 6. Clause 4(a)(2)(C).
     A resolution presenting a question of the privileges of the 
         House. Clause 4(a)(2)(D).
     A measure for the declaration of war or national emergency. 
         Clause 4(a)(2)(E).
     A measure providing approval or disapproval of impending 
         actions or determinations by a government agency. Clause 
         4(a)(2)(F).

      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 (see e.g., 106-1, H. Res. 
  136, Apr. 13, 1999, p ____), which waiver may be called up the same 
  day reported from Committee on Rules without a two-thirds vote (rule 
  XIII clause 6(a)(2)).

[[Page 293]]

  Sec. 36 . Points of Order Relating to Reports

                                 Generally

      A point of order will lie in the House against consideration of a 
  measure for failure of the committee report on the measure to include 
  any of the reporting requirements outlined in section 29, supra.
      A point of order will also lie in the House against consideration 
  of a measure for failure of the committee report to meet the 
  availability requirements (Sec. 35, supra) and to report a measure 
  without a sufficient quorum (Sec. 21, supra).
      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. Deschler-Brown Ch 29 Sec. 20.28.
      The Chair does not rule on points of order relating to the 
  sufficiency, insufficiency, or legal effect of committee reports, 
  those being matters for the House to decide. 4 Hinds Sec. 1339; 
  Deschler Ch 17 Sec. Sec. 58.3, 58.4. Similarly, a point of order will 
  not lie against a committee report that included an executive 
  communication on the ground that the communication failed to comply 
  with the statute that required the communication. Deschler Ch 17 
  Sec. 58.1.
      Points of order as to reports on appropriation bills, see 
  Appropriations.

                          Waiving Points of Order

      Points of order against a measure for defects in a committee 
  report may be waived by adoption of a rule from the Committee on 
  Rules, an order of the House granted by unanimous consent, and by 
  consideration of the bill under suspension of the rules. Deschler Ch 
  17 Sec. 58.


[[Page 295]]

 
                   CHAPTER 12 - COMMITTEES OF THE WHOLE

                              HOUSE PRACTICE

              A. Generally

  Sec.  1. In General
  Sec.  2. Jurisdiction and Authority; Reference
  Sec.  3. Matters Requiring Consideration in the Committee of the Whole
  Sec.  4. -- Amendments between the Houses
  Sec.  5. Resolving Into the Committee of the Whole
  Sec.  6. -- By Motion
  Sec.  7. The Chairman
  Sec.  8. -- Limitations on Jurisdiction and Authority of Chairman

              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. Motions in Committee

  Sec. 20. In General
  Sec. 21. Precedence of Motions
  Sec. 22. Motion Relating to Enacting Clause
  Sec. 23. -- When in Order
  Sec. 24. -- Debate

              D. Rising; Reporting to the House

  Sec. 25. Generally
  Sec. 26. Motions to Rise

[[Page 296]]

  Sec. 27. -- When in Order
  Sec. 28. -- Who May Offer
  Sec. 29. Reporting to the House
  Sec. 30. House Action on Committee Reports
        Research References
          4 Hinds Sec. Sec. 4704-4922
          8 Cannon Sec. Sec. 2318-2430
          Deschler Ch 19
          Manual Sec. Sec. 326-340; 970-993


                               A. Generally


  Sec. 1 . In General

                 Role and Functions; Historical Background

      The Committee of the Whole has been described as an ancient 
  parliamentary institution, having been derived from the practice of 
  the English House of Commons. 4 Hinds Sec. 4705; Deschler Ch 19 
  Sec. 5. The Continental Congress frequently used the Committee of the 
  Whole for important business. 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 XVIII clause 3, which requires the reference to its calendar 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 completely dissolved. The House 
  merely resolves into and out of Committee of the Whole, 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. However, the Committee may sit with a smaller number (100 
  Members) than is required to transact business in the House (218 
  Members). Rule XVIII clause 6(a); quorums generally, see Quorums.

                 Distinguishing the Committee of the Whole

      The term ``Committee of the Whole'' refers to the Committee of the 
  Whole House on the state of the Union, which considers public bills. 
  Desch

[[Page 297]]

  ler Ch 19 Sec. 1. Prior to 1935, the term was also 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 Calendar have been considered in the House as in the 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) and was deleted from the rules when they were recodified in 
  1999.

                  House as in the Committee of the Whole

      When the House sits as in the 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. Manual Sec. Sec. 424, 427; 4 Hinds 
  Sec. 4924. This practice is permitted in the consideration of public 
  bills only by unanimous consent or pursuant to a special rule from the 
  Committee on Rules. Manual Sec. 424. A motion that a proposition be 
  considered under that procedure is not in order. Manual Sec. 424; 4 
  Hinds Sec. 4923.
      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. Manual Sec. 424. A motion to close debate on 
  the pending measure (or an amendment) is in order. Manual Sec. 427.
      When the House is sitting as in the Committee of the Whole, it may 
  invoke many procedures that are not available to it when it is meeting 
  in the Committee of the Whole. Manual Sec. 427. For example, it may:

     Order the yeas and nays by one-fifth of those present or upon 
         objection for lack of a quorum. 4 Hinds Sec. 4923.
     Receive messages from the President or the Senate. 4 Hinds 
         Sec. 4923.
     Permit withdrawal of amendments before action thereon. 4 Hinds 
         Sec. 4935.
     Refer to a committee. 4 Hinds Sec. Sec. 4931, 4932.
     Entertain the previous question. 4 Hinds Sec. Sec. 4926-4929; 
         6 Cannon Sec. 639.
     Entertain the motion to reconsider. 8 Cannon Sec. 2793.
     Entertain motions to adjourn. 4 Hinds Sec. 4923.

      The procedures applicable in the House as in the Committee of the 
  Whole apply generally to proceedings in standing committees of the 
  House. Manual Sec. 427; see also Committees.

                         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.

[[Page 298]]

   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. Deschler Ch 
  19 Sec. 1.1.


  Sec. 2 . Jurisdiction and Authority; Reference

                          Generally; Public Bills

      Under rule XIII clause 1(a)(1), bills raising revenue, general 
  appropriation bills, and bills of a public character directly or 
  indirectly appropriating money or property are referred to the Union 
  Calendar and considered in the Committee of the Whole. See also rule 
  XVIII clause 3. 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.
      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 that includes a charge on the Treasury is referred to the 
  Union Calendar notwithstanding a committee amendment striking 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 referred to the Committee pursuant to House order. For 
  example, the annual message of the President is customarily referred 
  to the Committee of the Whole by motion. Propositions to change the 
  rules of the House have been considered in Committee of the Whole 
  pursuant to a special order. 4 Hinds Sec. 4822; Deschler Ch 21 
  Sec. 21.15.

                    Referrals; Effect of Special Rules

      Measures referred by the Speaker to the Union Calendar for 
  subsequent consideration in the Committee of the Whole are considered 
  therein under special rules reported by the Committee on Rules or by 
  the standing rules applicable to the Committee of the Whole. See rule 
  XVIII.
      The Committee has no authority to change an order of the House 
  governing the consideration of a particular measure in the Committee 
  of the Whole, although minor modifications may be accomplished by 
  unanimous consent. Manual Sec. 993; see also Special Rules. Thus, 
  where the Committee of the Whole is considering a bill under a special 
  rule that fixes the time for debate and the amendments that may be 
  offered, a Member may be denied recognition to seek unanimous consent 
  to offer a measure that is

[[Page 299]]

  beyond the scope of the special rule (4 Hinds Sec. Sec. 4712, 4713) or 
  to extend the time for general debate as fixed thereby (5 Hinds 
  Sec. Sec. 5212-5216).
      Bills are sometimes referred to the Committee of the Whole as a 
  result of action in the House resulting in its recommittal thereto 
  (Manual Sec. 988; 4 Hinds Sec. 4784) or in unusual situations pursuant 
  to a motion to recommit in the House either with or without 
  instructions (5 Hinds Sec. Sec. 5552, 5553).

                           Presidential Messages

      The President's state of the Union message is referred by motion 
  to the Committee of the Whole. See, e.g., 106-2, Jan. 31, 2000, p 
  ____. Other Presidential messages are normally referred to the 
  committee having jurisdiction by order of the Speaker. Manual 
  Sec. 873. 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

      Many procedures and motions traditionally available in the House 
  may not be invoked in the Committee of the Whole. See Sec. 8, infra. 
  For example, the Committee of the Whole may not:

     Appoint, authorize, or discharge committees. 4 Hinds 
         Sec. Sec. 4697, 4710.
     Entertain the question of consideration (7 Cannon Sec. 952) 
         except pursuant to those provisions of the Unfunded Mandates 
         Reform Act of 1995 that permit the question of consideration in 
         the disposition of certain points of order (Manual 
         Sec. Sec. 910, 991).
     Transact proceedings regarding words demanded to be taken down 
         in debate. 2 Hinds Sec. Sec. 1257-1259; 8 Cannon Sec. 2539.
     Recess without permission of the House. 5 Hinds 
         Sec. Sec. 6669-6671.
     Instruct conferees. 8 Cannon Sec. 2320.
     Consider questions of privilege under rule IX. Manual 
         Sec. 711; 2 Hinds Sec. 1657; Deschler Ch 11 Sec. 4.3.
     Authorize extraneous matter to be included in the 
         Congressional Record. Manual Sec. 688.

      Similarly, unanimous-consent requests may not be entertained in 
  the Committee of the Whole by the Chair if their they materially alter 
  proce

[[Page 300]]

  dures required by special rule or order adopted by the House. For 
  example, the Committee of the Whole may not:

     Permit a perfecting amendment to be offered to the underlying 
         bill where a special rule permitted its consideration only as a 
         perfecting amendment to a committee amendment.
     Permit a substitute to be read by sections for amendment where 
         the special rule did not so provide.
     Extend the time limitation for consideration of amendments 
         beyond that set by a special order requiring the Chair to put 
         the question on the pending amendments at the expiration of 
         certain hours of consideration.
     Restrict authority granted in a special order to offer 
         amendments ``en bloc.''
     Change the scheme for control or duration of general debate 
         specified by the House.
     Reduce below 15 minutes the minimum time for recorded votes.
     Preempt the Chair's discretion to postpone and cluster votes 
         and schedule further consideration of a pending measure on a 
         subsequent day.
     Permit an amendment to an amendment rendered unamendable by a 
         special order or permit a subsequent amendment changing an 
         unamendable amendment already adopted.
     Permit consideration of an amendment out of the order 
         specified in a special rule.
     Permit consideration of an additional amendment or authorize a 
         supplemental report from the Committee on Rules in lieu of the 
         original report referred to in the special order.
     Permit another to offer an amendment vested in a specified 
         Member.
     Permit a division of the question on an amendment rendered 
         indivisible by a special order.

  Manual Sec. 993.

      Where the Committee of the Whole reports a recommendation that is 
  ruled out as in excess of its powers, it is held that the accompanying 
  bill stands recommitted to the Committee of the Whole. Manual 
  Sec. 335; 4 Hinds Sec. 4908.
      On the other hand, unanimous-consent requests may be entertained 
  in the Committee of the Whole by the Chair if they do not materially 
  alter procedures required by special rule or order adopted by the 
  House. For ex

[[Page 301]]

  ample, unanimous-consent requests have been entertained in the 
  Committee of the Whole to:

     Permit the modification of a designated amendment made in 
         order by a special rule, once offered, if the request is 
         propounded by the proponent of the amendment, including as 
         unfinished business where proceedings on a request for a 
         recorded vote have been postponed.
     Permit a page reference to be included in a designated 
         amendment made in order as printed where the printed amendment 
         did not include that reference.
     Permit a supporter of an amendment to claim debate time 
         allocated by special order to an opponent, where no opponent 
         seeks recognition.
     Shorten the time set by special order for debate on a 
         particular amendment.
     Lengthen the time set by special order for debate on a 
         particular amendment under terms of control congruent with 
         those set by the order of the House.
     Permit en bloc consideration of several amendments under a 
         ``modified-closed'' special order providing for the sequential 
         consideration of designated separate amendments.
     Permit one of two committees controlling time for general 
         debate pursuant to a special order to yield control of its time 
         to the other.
     Permit the offering of pro forma amendments for the purpose of 
         debate under a ``modified-closed'' special order limiting both 
         amendments and debate thereon.
     Reach ahead in the reading of a general appropriation bill to 
         consider one amendment without prejudice to others earlier in 
         the bill under a special order of the House contemplating that 
         each remaining amendment be offered only at the ``appropriate 
         point in the reading of the bill.''
     Permit the reading of an amendment that already was considered 
         as read under the special order of the House.

  Manual Sec. 993.

                      Authority to Originate Measures

      In the early practice, the Committee of the Whole could consider a 
  matter even though the matter had not been referred to it by the 
  House. 4 Hinds Sec. 4705. Today, the Committee of the Whole no longer 
  originates measures, 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; 4 Hinds Sec. 4707. Under this practice, the House may 
  not resolve into the Committee of the Whole for the purpose of 
  originating a measure except by unanimous consent. Manual Sec. 412. 
  Absent an appropriate referral, the Committee of the Whole may not 
  report a recommendation, that, if carried into effect, would change a 
  rule of the House. 4 Hinds Sec. Sec. 4907, 4908.

[[Page 302]]

                            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 Sec. Sec. 6559, 6561.


  Sec. 3 . Matters Requiring Consideration in the Committee of the Whole

                                 Generally

      Rule XVIII clause 3 specifies the matters that 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 involving 
  appropriations of money or property, 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. Manual 
  Sec. 976.
      The giving of unanimous consent for the consideration of a measure 
  waives any requirement as to consideration in Committee of the Whole. 
  4 Hinds Sec. 4823; 8 Cannon Sec. 2393. Similarly, the effect of a 
  special order may be to discharge the Committee of the Whole and bring 
  the bill directly before the House. Manual Sec. 975. In the modern 
  practice, special orders reported from the Committee on Rules often 
  provide for consideration of a measure on the Union Calendar in the 
  House where no amendments, or only one amendment, are made in order. 
  See, e.g., 107-1, H. Res. 199, Apr. 26, 2001, p ____.
      The requirement of rule XVIII clause 3 is that the class of 
  business specified by the rule must be ``first'' considered in the 
  Committee of the Whole. Manual Sec. 973. 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. Manual Sec. 975; 
  4 Hinds Sec. 4828; 5 Hinds Sec. Sec. 5545, 5546.

[[Page 303]]

      Measures Requiring Consideration in the Committee of the Whole

      The following bills require consideration in the Committee of the 
  Whole:

     Increasing the rate of postage. 4 Hinds Sec. 4861.
     Creating a new Federal office. 4 Hinds Sec. 4846.
     Authorizing an undertaking by a government agency that will 
         incur an expense, however small, to the government. 8 Cannon 
         Sec. 2401.
     Requiring an expenditure with some probability. Deschler Ch 19 
         Sec. 1.
     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 of the 
                                   Whole

      The following measures do not require consideration in the 
  Committee of the Whole:

     A bill that does not directly make an appropriation of money 
         or require one to be made, and that can be executed without 
         such funds. 4 Hinds Sec. 4856.
     A bill making an expenditure that is to be borne otherwise 
         than by the Federal Government. 4 Hinds Sec. 4831.
     A joint resolution proposing an amendment to the Constitution 
         to extend the term of office of certain officials. 8 Cannon 
         Sec. 2395.


  Sec. 4 . -- Amendments between the Houses

      Rule XVIII clause 3, requiring that any proposition involving a 
  tax or an appropriation of money or property must be considered in the 
  Committee of the Whole, is applicable to Senate amendments to House 
  measures. Sec. 3, supra. 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. 
  Manual Sec. 874; 4 Hinds Sec. Sec. 3094, 3108-3110. Similarly, a House 
  amendment to a Senate amendment is subject to clause 3. 4 Hinds 
  Sec. 4795. Normally, such Senate amendments are held at the Speaker's 
  desk (pursuant to the Speaker's discretionary authority under rule XIV 
  clause 2(b)) for disposition by the House by unanimous consent or 
  special order and are not referred to committee. Manual Sec. Sec. 874, 
  1073.
      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 origi

[[Page 304]]

  nal House bill was considered in Committee of the Whole is not taken 
  into consideration in determining this question. 8 Cannon Sec. 2381.
      A Senate amendment 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 XXII clause 3; Manual Sec. 1072. Hence, a Senate 
  amendment that 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. However, a Senate amendment that merely modifies a 
  House proposition, such as an increase or decrease in the amount of an 
  appropriation and that does not involve a new and distinct 
  expenditure, is not required to be considered in the Committee of the 
  Whole. Manual Sec. 1073; 4 Hinds Sec. Sec. 4797, 4800; 8 Cannon 
  Sec. Sec. 2382, 2385. Moreover, the requirement that certain Senate 
  amendments be considered in the Committee of the Whole applies only 
  before the stage of disagreement has been reached on the Senate 
  amendment (and not thereafter), 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 are 
  reported from conference in disagreement. Manual Sec. Sec. 1073, 1074. 
  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 XXII clause 3 that the amendment be 
  ``first considered'' in the Committee of the Whole does not apply if 
  the House has agreed to a special order providing that the amendment 
  is ``hereby'' considered as adopted. Manual Sec. 1073.


  Sec. 5 . Resolving Into the Committee of the Whole

                     Generally; Declaration by Speaker

      The House may resolve into the Committee of the Whole pursuant to 
  motion or by declaration of the Speaker pursuant to rule XVIII clause 
  2 after the House has adopted a special rule from the Committee on 
  Rules providing for consideration of a measure in the Committee of the 
  Whole and permitting such declaration. 4 Hinds Sec. 3214; 7 Cannon 
  Sec. Sec. 783, 794; Deschler Ch 19 Sec. 4; Sec. 6, infra. When 
  employing the latter method, the Speaker may at any time after 
  adoption of the resolution, when no other question is pending, declare 
  the House resolved into the Committee of the Whole for consideration 
  of a measure. Under the modern practice, this is the generally used 
  mechanism for resolving into the Committee for the con

[[Page 305]]

  sideration of both nonprivileged bills and privileged general 
  appropriation bills.

          Resolving Automatically Into the Committee of the Whole

      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 Sec. Sec. 783, 794; Deschler Ch 19 
         Sec. 4.1.
     After the Speaker has ruled on words taken down in the 
         Committee of the Whole. Deschler Ch 19 Sec. 4.8.
     After a recommendation of the Committee of the Whole 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. Manual 
         Sec. 901; 7 Cannon Sec. Sec. 939, 940, 942.


  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. 869. However, 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. 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 and continuing appropriations after 
  September 15 is privileged under rule XIII clause 5, if called up by 
  direction of the Committee on Appropriations. Manual Sec. Sec. 853, 
  856. The motion is in order under this rule on District Mondays and on 
  Wednesdays, subject to the limitations

[[Page 306]]

  of the Calendar Wednesday rule. Manual Sec. Sec. 856, 894, 901; 8 
  Cannon Sec. Sec. 876, 1123. The motion is neither debatable nor 
  amendable (4 Hinds Sec. 3078), is not 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).
      Prior to 1975 the use of the motion to consider revenue bills in 
  the Committee of the Whole was of equal privilege, but there no longer 
  is a privileged status for the motion to resolve into Committee of the 
  Whole to consider bills raising revenue. Manual Sec. 856; Deschler Ch 
  19 Sec. 4, note 17. Although highly privileged, the motion does not 
  take precedence over a motion to reconsider or a motion to change the 
  reference of a bill. 4 Hinds Sec. 3087; 7 Cannon Sec. 2124.
      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 of the Whole 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.
      Under rule XVIII clause 4, the Committee of the Whole can 
  determine its own order of business unless the House so determines, 
  with general appropriation bills taking precedence. This procedure is 
  not used in modern practice.


  Sec. 7 . The Chairman

      The Chairman of the Committee of the Whole is appointed by the 
  Speaker. Manual Sec. 970. Following a custom of the British 
  Parliament, the House requires the Speaker ``in all cases'' to leave 
  the Chair after appointing the Chairman. Manual Sec. 970; Deschler Ch 
  19 Sec. 5. 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 of the Whole is a female Member, the proper form of address 
  is ``Madam Chairman.'' Deschler Ch 19 Sec. 5.3.
      In general, the Chairman recognizes for debate and decides 
  questions of order arising in the Committee of the Whole 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. Otherwise, points of order relating to 
  procedure in the Committee of the Whole are decided by the Chairman. 
  Manual Sec. 961; 5 Hinds Sec. 6927; Sec. 16, infra. An

[[Page 307]]

  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 of the Whole 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 with respect to the Senate. 8 Cannon 
  Sec. Sec. 2515, 2520. Under rule XVIII clause 1, he may cause the 
  galleries or lobbies to be cleared in case of disturbance or 
  disorderly conduct. Manual Sec. Sec. 971, 973.
      The Chairman directs the Committee of the Whole to rise when the 
  hour previously fixed for adjournment arrives, when the hour fixed by 
  the House for termination of the consideration of the bill in 
  Committee arrives or when a rule provides for automatic rising after 
  general debate. Manual Sec. 971.


  Sec. 8 . -- Limitations on Jurisdiction and Authority of Chairman

      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. Manual Sec. 971. Thus, the Chairman 
  does not:

     Decide whether the Committee may sit in executive session 
         (reserved to the House). Deschler Ch 19 Sec. 7.18.
     Entertain unanimous consent requests to change an order of the 
         House governing the consideration of the measure in the 
         Committee of the Whole. Manual Sec. 993.
     Respond to inquiries concerning the legislative schedule 
         outside the Committee of the Whole (97-2, July 29, 1982, p 
         18605); including whether or when a pending bill will be taken 
         up again after the Committee rises (Deschler Ch 19 
         Sec. Sec. 7.14, 7.15).
     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 of the Whole rises (Deschler Ch 19 Sec. 7.9).
     Consider a question that had arisen in the House just before 
         the Committee began to sit. Manual Sec. 971.
     Interpret the application of a rule of the House that sets 
         forth 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 the privileges of a Member under general ``leave to 
         print.'' 5 Hinds Sec. 6988.

      For a limitation on the authority of the Committee of the Whole, 
  see Manual Sec. 993; Sec. 2, supra. For the practice governing the 
  Chair in deciding points of order and responding to parliamentary 
  inquiries (both Speaker and

[[Page 308]]

  Chairman of the Committee of the Whole), see Points of Order; 
  Parliamentary Inquiries; Manual Sec. 628.


                 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 pursuant to a special 
  rule from the Committee on Rules or other House order. The Committee 
  of the Whole may not set aside or materially modify such an order, 
  even by unanimous consent. Manual Sec. 993.

                            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. 982. 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. Manual Sec. 982. 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 
  Sec. Sec. 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 Sec. Sec. 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. 982. It is a quorum of the Committee of the 
  Whole--100 Members--and not a quorum of the House, which must appear. 
  Deschler Ch 20 Sec. 7.1. In ascertaining the presence of a quorum, the 
  Chairman includes those Members present but not voting as well as 
  those voting. 6 Cannon Sec. Sec. 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 of the Whole 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 to rise, the Committee of the Whole 
  proceeds with its business. 6 Cannon Sec. Sec. 670, 671; 8 Cannon 
  Sec. 2369. For a discussion of motions to rise generally, see 
  Sec. Sec. 26-28, infra.

[[Page 309]]

      Rule XVIII clause 6 sharply limits the circumstances under which a 
  point of order of no quorum may be raised once the House has resolved 
  into Committee. After a quorum has been established in the Committee 
  of the Whole on any given day (by quorum call or recorded vote), the 
  Chairman may not thereafter entertain a point of order that a quorum 
  is not present unless (1) the Committee of the Whole is operating 
  under the five-minute rule (which has been interpreted to include any 
  ``modified-closed'' amendment process under the terms of a special 
  order) and (2) the Chairman has put the pending motion or proposition 
  to a vote. Manual Sec. 982. During general debate, there is no 
  requirement of a quorum; but the Chairman is given the discretion to 
  recognize for a point of order of no quorum. Rule XVIII clause 
  6(b)(1).
      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 of the Whole 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. Manual Sec. 982. This precedent 
  applies even when a measure is considered in the Committee of the 
  Whole under a modified-closed rule that specifies the amendments that 
  may be offered and establishes the time for their debate, such rule 
  declaring the measure read for amendment under the five-minute rule. 
  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 order of no quorum during debate is precluded 
  except by unanimous consent. Manual Sec. 982.


  Sec. 10 . First Reading

      When a bill is taken up in the Committee of the Whole, rule XVIII 
  clause 5(a) requires its reading in full before general debate begins, 
  unless such reading has been properly dispensed with by unanimous 
  consent or by a rule from the Committee on Rules. The first reading is 
  normally dispensed with. Manual Sec. 942. A motion to dispense with 
  the first reading of the bill is not in order. 8 Cannon 
  Sec. Sec. 2335, 2436.


  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. Manual 
  Sec. Sec. 979, 993.

[[Page 310]]

      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 or through the adoption of a special rule from the 
  Committee on Rules. See, e.g., Deschler-Brown Ch 29 Sec. Sec. 76.1, 
  76.7. Where the House has 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 because time is 
  controlled by those to whom it is allotted by the House and is not 
  subject to extension by the Committee of the Whole. Manual Sec. 979. 
  However, time may be reallocated by unanimous consent.
      When the House has vested control of general debate in the 
  Committee of the Whole 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, nor may Members yielded time in 
  general debate yield to another for such motion. Manual Sec. 334.

                               The Hour Rule

      In the absence of a House order limiting general debate in 
  Committee of the Whole, debate in the Committee of the Whole is under 
  the hour rule. A Member having control of such time may not consume 
  more than one hour. Manual Sec. 978.
      Prior to 1841 there was no limit on the time that a Member might 
  occupy when in possession of the floor in the Committee of the Whole. 
  This practice hindered the ability of the Committee of the Whole to 
  complete action on bills. 5 Hinds Sec. 5221. In that year the rule of 
  the House that no Member could speak for more than one hour was 
  applied to the Committee of the Whole. Manual Sec. Sec. 957, 978. This 
  one-hour limitation applies to each Member recognized to speak in the 
  Committee of the Whole. 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 Sec. Sec. 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 may in turn seek the consent of the Member originally 
  holding the floor to yield to a third Member. 8 Cannon Sec. 2553. Of 
  course, if the first Member retains control of the floor, yielding to 
  a second Member only for a ques

[[Page 311]]

  tion, 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 (although not a block of time) 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. Manual 
  Sec. 959; Deschler Ch 19 Sec. 15.8. 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

      The right to close general debate inures to the majority manager 
  of the primary committee who has opened. Manual Sec. 979. General 
  debate in Committee of the Whole is closed or terminated pursuant to 
  an order of the House or sooner if no Member desires to participate 
  further. Manual Sec. 978; 4 Hinds Sec. 4745; 5 Hinds Sec. 5221. 
  Amendments may not be offered in the Committee of the Whole until 
  general debate has been closed or yielded back, and motions for the 
  disposition of the pending bill are not in order before that time. 4 
  Hinds Sec. Sec. 4744, 4778; 5 Hinds Sec. 5221. 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. Rather, they may agree 
  among themselves to close further general debate, yield their 
  remaining time, and allow consideration of the bill under the five-
  minute rule to begin. Deschler-Brown Ch 29 Sec. 76.1.
      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. Sec. 978, 
  980. Thereafter, a Member may obtain five minutes for debate by 
  offering a pro forma amendment ``to strike the last word.'' No actual 
  change in text is contemplated by the

[[Page 312]]

  offering of such amendment. Manual Sec. 981. Pro forma amendments, 
  generally, see Sec. 14, infra.
      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. 978.
      The five-minute rule is applicable to amendments that are offered 
  to amendments. Manual Sec. 978. However, 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.
      Under the modern practice of the House, bills increasingly are 
  considered in the Committee of the Whole under a ``modified-closed'' 
  amendment process. Such process vitiates, in part, the five-minute 
  rule by considering the bill as having been read for amendment, 
  restricting amendments that may be offered, and by limiting and 
  controlling debate time on amendments made in order.
      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 Sec. Sec. 5036, 5037; 
  Deschler Ch 19 Sec. 15. 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, or by the Chair, to a proponent and an opponent, the Members 
  controlling the debate may yield and reserve time; but debate time on 
  an amendment under the five-minute rule cannot be reserved. Manual 
  Sec. 980.

                           Reading for Amendment

      In Committee of the Whole, bills are read for amendment by section 
  pursuant to a practice dating from 1789, because each section normally 
  contains a substantive legislative provision. Manual Sec. 980. General 
  appropriation bills, on the other hand, are ordinarily read by 
  paragraphs, because such bills are normally drafted so that each 
  paragraph contains an appropriation. However, whether a bill shall be 
  read by paragraphs, sections, or titles is

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  determined by unanimous consent or 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. Changing 
  the reading cannot be accomplished by motion. Manual Sec. 980; 
  Deschler Ch 21 Sec. 25.
      When a paragraph or section has been passed in the reading, it is 
  not in order to return thereto except by unanimous consent. Manual 
  Sec. 980. However, the Chairman may direct a return to a section 
  where, through his inadvertence, no action was taken 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. 
  Manual Sec. 981; 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 and are liberally permitted during debate under the five-
  minute rule. See Amendments. A Member who has expended 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. A Member who has offered a substantive amendment and then 
  debated it for five minutes may not extend his time by offering a pro 
  forma amendment, as it is not in order for the offerer of an amendment 
  to amend his own amendment except by unanimous consent. Manual 
  Sec. 981. 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.
      Pro forma amendments are not in order when a bill is being 
  considered under a ``closed'' or ``modified-closed'' rule prohibiting 
  all, or permitting only certain, amendments unless the rule specifies 
  to the contrary. Deschler-Brown Ch 29 Sec. 77.20. Similarly, a pro 
  forma amendment may be offered by unanimous consent only after a 
  substitute has been adopted and before the vote on the amendment, as 
  amended, because the amendment has been

[[Page 314]]

  amended in its entirety; and no further amendments, including pro 
  forma amendments, are in order. Manual Sec. 981.


  Sec. 15 . Relevancy in Debate

      Latitude in general debate is normally limited by a special rule 
  from the Committee on Rules or other order of the House, which 
  routinely confines general debate to the subject of the measure. 
  Manual Sec. 948. Latitude in debate under the five-minute rule is 
  limited by rule XVIII clause 5(a), which permits five minutes to 
  ``explain'' an amendment and five minutes to speak ``in opposition'' 
  to the amendment. Manual Sec. 978. For a more thorough discussion of 
  relevancy of debate in the Committee of the Whole, see Consideration 
  and Debate.


  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 Sec. Sec. 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 to words spoken in 
  debate. Manual Sec. 971; Cannon Sec. Sec. 2533, 2538; Deschler Ch 19 
  Sec. 17.
      Under this procedure, a Member must take his seat when he is 
  called to order by the Chairman. Deschler Ch 19 Sec. 17.1. The Chair 
  or any Member may cause the words to be taken down at the Clerk's desk 
  and read in the Committee of the Whole, which then rises automatically 
  without debate. 8 Cannon Sec. Sec. 2533, 2538, 2539. The words are 
  then reported to the House and are again read. 2 Hinds Sec. Sec. 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 in the Committee of 
  the Whole or in the House only by unanimous consent. 8 Cannon 
  Sec. Sec. 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), which is subject to appeal (Manual Sec. Sec. 629, 961; 5 
  Hinds Sec. Sec. 5157, 5178, 5194; Deschler-Brown Ch 29 Sec. 50.8).
      If a Member's words are ruled out of order, motions in the House 
  to strike unparliamentary words from the Congressional Record and to 
  permit the offending Member to proceed in order are available before 
  the Committee of the Whole resumes its sitting. Instances of disorder 
  during debate in the Committee of the Whole may be disposed of in the 
  House pursuant

[[Page 315]]

  to a motion to expunge the offending language from the Record (8 
  Cannon Sec. Sec. 2538, 2539) or, in especially flagrant instances, 
  pursuant to a resolution of censure (2 Hinds Sec. Sec. 1257, 1259). 
  However, censure is not a remedy available for words spoken if debate 
  or business has intervened. Rule XVII clause 4(b).
      After disposition of the matter in the House, the Committee of the 
  Whole automatically resumes its sitting. Manual Sec. 961; 8 Cannon 
  Sec. 2541; Deschler Ch 19 Sec. 17.5.
      For general discussion of disorder in debate, see Consideration 
  and Debate.


  Sec. 17 . Voting

      The methods and procedures by which Members vote in Committee of 
  the Whole are prescribed by the rules of the House, particularly rule 
  XX and rule XVIII clause 6. They include:

     Voice vote--Based on volume of sound of Members responding aye 
         or no. Rule I clause 6; Manual Sec. 630.
     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 stand to be counted, first those voting in 
         the affirmative, then those voting in the negative. Rule XX 
         clause 1; Manual Sec. 1012.
     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. A recorded vote may be preceded by a point of order of 
         no quourm, which requires the Chair to first count for 100 
         Members. Rule XVIII clause 6; Manual Sec. Sec. 982, 983. The 
         Chair's count is not subject to challenge. Manual Sec. 629.
     Record vote by tellers or a ``roll call''--During a record 
         vote by tellers, the Members cast their votes by depositing a 
         signed green (yea) or red (no) card in a ballot box. Rule XX 
         clause 4; Manual Sec. 1019. During a ``roll call'' the Chair 
         directs the Clerk to call the roll alphabetically. Rule XX 
         clause 3; Manual Sec. 1015. These procedures have been 
         supplanted by the use of the electronic voting equipment and 
         are used only as a backup voting system when that equipment 
         becomes inoperative.

      A vote by the yeas and nays, which may be demanded in the House 
  under the Constitution or obtained automatically under rule XX clause 
  6, is not in order in Committee of the Whole. Manual Sec. Sec. 76, 
  1026.
      Under rule XVIII clause 6(g), the Chairman may postpone a request 
  for a recorded vote on any amendment; and he may resume proceedings on 
  that request at any time. An electronic vote ordered on the postponed 
  request may be reduced to five minutes, provided the first vote in a 
  series is 15 minutes. Manual Sec. 984.

[[Page 316]]

      For a discussion of voting procedures generally, 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. Manual Sec. 971; 5 Hinds Sec. Sec. 6927, 6928; 
  Deschler Ch 19 Sec. 19. The Speaker cannot rule on a point of order 
  arising in the Committee of the Whole 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 of the Whole, 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 of the Whole is 
  within the discretion of the Chairman and must be confined to the 
  point of order. Deschler Ch 19 Sec. 19.2.

                               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. For a discussion of points of 
  order in the Committee of the Whole against provisions in general 
  appropriation bills and amendments thereto, see Manual Sec. 1044. A 
  point of order against an amendment comes too late after there has 
  been debate on the amendment (Manual Sec. 924) or when the amendment 
  has been reported to the House (92-2, June 1, 1972, pp 19479, 19483). 
  However, rule XXI clauses 4 and 5(a) permit the raising ``at any 
  time'' of a point of order against a legislative 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. Sec. 1065, 1066; see also Appropriations.
      Points of order against consideration of bills are properly raised 
  in the House pending resolution into the Committee and may not 
  subsequently be raised in Committee of the Whole. 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). Manual Sec. 846; Deschler Ch 19 
         Sec. Sec. 20.1-20.3.
     Availability requirements prior to floor consideration of 
         measures. Manual Sec. 850.


[[Page 317]]



      For points of order generally, see Points of Order; Parliamentary 
  Inquiries; for points of order relating to particular measures or 
  matters, see Appropriations and 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 Sec. Sec. 4735, 
  4736; see also Unfinished Business. Thus, when the Committee of the 
  Whole rises before the time fixed for debate expires, debate continues 
  when the Committee resumes its deliberations. Deschler Ch 19 
  Sec. 26.1. When a recommendation of the Committee of the Whole that 
  the enacting clause of a bill be stricken is rejected by the 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 of the 
  Whole 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. Manual Sec. 977. 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. Deschler-Brown Ch 30 Sec. 33.15.


                          C. Motions in Committee


  Sec. 20 . In General

                             Motions Permitted

      The principal motions used in Committee of the Whole are as 
  follows:

     Motions to amend under the five-minute rule. Manual Sec. 978; 
         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 Congressional 
         Record. Manual Sec. 986.
     Motions to close five-minute debate. Manual Sec. 987; see also 
         Consideration and Debate.
     Motions relating to the enacting clause. Manual Sec. 988; for 
         a 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 the motions specified by 
  rule

[[Page 318]]

  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. Manual Sec. 911. The 
  Committee may not entertain a motion to:

     Limit general debate (as distinguished from five-minute 
         debate). Deschler Ch 19 Sec. 2; for a general discussion, see 
         Consideration and Debate.
     Close general debate. Manual Sec. 979; 5 Hinds Sec. 5217.
     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 
         Sec. Sec. 2319, 2320; Deschler Ch 19 Sec. 2.
     Order a call of the House. 8 Cannon Sec. 2369.
     Expunge remarks from the Congressional Record. Deschler Ch 19 
         Sec. 3.2.
     Order the previous question. 4 Hinds Sec. 4716; Deschler Ch 19 
         Sec. 2.6.
     Reconsider. 4 Hinds Sec. Sec. 4716-4718; 8 Cannon 
         Sec. Sec. 2324, 2325; Deschler Ch 19 Sec. 2.5.
     Recommit. 4 Hinds Sec. 4721; 8 Cannon Sec. 2326.
     Postpone or rise and resume sitting on a day certain. Manual 
         Sec. 915; Deschler Ch 19 Sec. 22.2.
     Lay on the table. 4 Hinds Sec. Sec. 4719, 4720; 8 Cannon 
         Sec. 2330; Deschler Ch 19 Sec. 2.7.
     Recess (absent permission of the House). 5 Hinds 
         Sec. Sec. 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 of the Whole 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 of the Whole is ordinarily determined by the terms of 
  the special rule under which the measure is being considered. Under 
  the modern practice, a special rule normally provides that after 
  consideration the Committee of the Whole 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. In that 
  case, the Committee of the Whole may not report to the House a 
  recommendation that the bill be recommitted. Deschler Ch 19 
  Sec. 23.12. In the exceptional circumstance where this language is not 
  included in the spe

[[Page 319]]

  cial rule, the Committee of the Whole may entertain a motion to rise 
  and report with:

     A recommendation that the consideration of the bill be 
         postponed. 4 Hinds Sec. Sec. 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. See, e.g., Deschler Ch 19 Sec. 2.1.

                                Withdrawal

      A motion may be withdrawn in the Committee of the Whole only by 
  unanimous consent. Deschler Ch 23 Sec. 2.10. Rule XVIII clause 5(a) 
  specifically prohibits the withdrawal of an amendment except by 
  unanimous consent, whether or not debate has proceeded. 5 Hinds 
  Sec. 5221; 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

      The simple motion to rise is of highest privilege. Manual 
  Sec. Sec. 334, 983; Deschler Ch 19 Sec. Sec. 23.1, 23.2. It takes 
  precedence over motions to amend (Manual Sec. 983; 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 
  (Deschler Ch 19 Sec. 23.6; Sec. 26, infra). The motion takes 
  precedence over a demand for a recorded vote on a pending amendment 
  (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 motion 
  is in order pending the Chair's count of a quorum (Deschler Ch 19 
  Sec. 23.5) and pending a decision of the Chair on a point of order 
  (Deschler Ch 19 Sec. 23.7). 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. 23.13.

                  Motion Relating to the Enacting Clause

      The motion that the Committee of the Whole rise and report to the 
  House with the recommendation that the enacting clause be stricken is 
  of

[[Page 320]]

  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 of the Whole. Deschler Ch 19 Sec. 11.11, note. The 
  motion may be offered where another Member has been recognized to 
  offer an amendment (Deschler-Brown Ch 29 Sec. 12.13) or when an 
  amendment is pending. However, the motion may not interrupt debate. 
  Manual Sec. 989. The motion also takes precedence over a motion to 
  limit debate (Manual Sec. 989) 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 Sec. Sec. 4752-4758; 8 
  Cannon Sec. 2364; Deschler Ch 19 Sec. 23.14. The exception is in rule 
  XXI clause 2(d), 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 over 
  an amendment.
      The initial right of the proponent 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 . Motion 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 of the Whole rise and report a bill 
  back to the House with the recommendation that this clause, known as 
  the enacting clause, be stricken. 5 Hinds Sec. Sec. 5326-5346; 8 
  Cannon Sec. Sec. 2618-2638; Deschler Ch 19 Sec. 10. Such a motion is 
  not, strictly speaking, an amendment, because 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. 988; 5 Hinds Sec. 5326; Deschler Ch 19 
  Sec. 10.6. If the House rejects the recommendation, it automatically 
  resolves itself back into the Committee of the Whole for the further 
  consideration of the bill. Deschler Ch 19 Sec. 10.9.
      The motion must be in writing and in the proper form. Manual 
  Sec. 988.

      Member: I move that the Committee of the Whole do now rise and 
    report the bill back to the House with the recommendation that the 
    enacting clause (or the resolving clause) be stricken. Deschler Ch 
    19 Sec. 10.2.


[[Page 321]]



      Motions that 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, is, under the modern practice, not in proper form and not 
  in order. 5 Hinds Sec. 5332; 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. 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 of the Whole 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. Deschler Ch 
  19 Sec. 10.14. The motion has also been used to recommend the striking 
  of the resolving clause of a simple resolution (Deschler Ch 19 
  Sec. 11.10), the resolving clause of a concurrent resolution on the 
  budget (96-1, May 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. A Member in favor of the 
  bill may not offer the motion. Manual Sec. 989; Deschler Ch 19 
  Sec. 12.2. A challenge being made by another Member, the Member 
  offering the motion must 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, has been permitted. Deschler Ch 
  19 Sec. Sec. 12.8-12.10. In fact, under the modern practice, extended 
  debate is the usual intent of the offeror, who then withdraws the 
  motion by unanimous consent.

                           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 
  Sec. Sec. 14.1, 14.2. Thus, a second motion is in order if the bill 
  has been amended since disposition of the first motion (Deschler Ch 19 
  Sec. 14.4) but is not in order if the only action of the

[[Page 322]]

  Committee of the Whole in the interim has been the rejection of a 
  proposed amendment to the bill (Deschler Ch 19 Sec. 14.5). If the 
  first such motion is withdrawn by unanimous consent, a second motion 
  relating to the enacting clause is in order. Manual Sec. 989; Deschler 
  Ch 19 Sec. 14.7. 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 of the Whole 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 after the Clerk has begun reading the bill 
  for amendment under the five-minute rule (Deschler Ch 19 Sec. 11.2), 
  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. 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. Manual 
  Sec. 989. The adoption of an amendment in the nature of a substitute 
  also may 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 Sec. Sec. 5333-5335; 8 
  Cannon Sec. Sec. 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 available to him to debate the bill and amendments thereto 
  (Deschler-Brown Ch 29 Sec. 31.33). 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. The Chair 
  will not announce in advance who will be recognized in opposition to 
  the motion. Manual Sec. 989.
      Time may not be reserved. 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. Manual Sec. 989.

[[Page 323]]

      Members of the committee managing the bill have priority in 
  recognition for debate in opposition to the motion. Manual Sec. 989.

                  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. However, 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 motion to strike the 
  enacting clause is entitled to five minutes to debate that motion. 
  Deschler-Brown Ch 29 Sec. 6.28. 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. Manual Sec. 989.

                              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. 
  Deschler-Brown Ch 29 Sec. 37.11. 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. Deschler-Brown Ch 29 Sec. 37.8. 
  However, debate on the motion may not include matters beyond the 
  provisions of the bill. 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 of the Whole rises formally, it 
  normally does so by motion or by operation of a special order. 
  Sec. 26, infra. When the Committee of the Whole 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).

[[Page 324]]

      The Committee of the Whole may rise informally to permit the House 
  to transact unrelated business, such to swear in a Member (by 
  unanimous consent of the House), to receive a message, or to lay down 
  a signed enrolled bill. Manual Sec. 330; 4 Hinds Sec. 4791; Deschler 
  Ch 19 Sec. 21.1. Having no power to receive a message, the Committee 
  of the Whole rises informally to permit the House to do so. Manual 
  Sec. 330; 4 Hinds Sec. 4786. At this rising, the House may not have 
  the message read or transact other business except by unanimous 
  consent. 4 Hinds Sec. Sec. 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 consideration of the bill for amendment the Committee of 
  the Whole ``shall'' rise and report back to the House (94-1, July 30, 
  1975, p 25881) or pursuant 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). However, a motion to rise is 
  required to enable the Committee of the Whole 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 of the Whole, the 
  motion takes two forms: (1) the simple motion to rise and (2) the 
  motion to rise and report. 4 Hinds Sec. Sec. 4766, 4767; Deschler Ch 
  19 Sec. Sec. 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. It may recommend that 
  the consideration of the reported measure be postponed, or that it be 
  recommitted or tabled. However, under the modern practice, such motion 
  is normally precluded by the applicable special rule. Sec. 20, supra. 
  For 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, although a negative voice 
  vote is subject to

[[Page 325]]

  a point of order of no quorum pending a request for a recorded vote. 
  Manual Sec. 983; 4 Hinds Sec. Sec. 2975, 2976; Deschler Ch 19 
  Sec. 22.7. However, 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 Sec. Sec. 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. Manual Sec. 334.


  Sec. 27 . -- When in Order

      The motion that the Committee of the Whole rise is privileged 
  during debate under the five-minute rule. Manual Sec. 334. The motion 
  is in order notwithstanding an informal 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:

    While an amendment is pending, except where another Member has 
         the floor. Manual Sec. 334.
     Pending a decision on a point of order. Deschler Ch 19 
         Sec. Sec. 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 (Manual Sec. 982) 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.
     During general debate if offered by a manager or by a Member 
         to whom a manager has yielded for that purpose. Manual 
         Sec. 334.

      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 of the Whole rise and report the bill with certain 
  amendments, before the bill has been completely read for amendment, is 
  not in order. However, a simple motion that the Committee of the Whole 
  rise is in order at that time. 96-1, Dec. 5, 1979, p 34755.

[[Page 326]]

  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, unless another 
  Member controls the floor. Deschler Ch 19 Sec. 24.2; 8 Cannon 
  Sec. 2369. Although the motion may be offered by any Member entitled 
  to the floor in his own right, the motion is commonly made by the 
  Member handling the bill before the Committee. Deschler Ch 19 
  Sec. Sec. 22.5, 22.8, 23.1. The motion also may be made by a Member 
  who holds the floor by virtue of having offered an amendment. Deschler 
  Ch 19 Sec. 24.1.
      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 debate, move that the 
  Committee of the Whole rise (Deschler Ch 19 Sec. 10) or yield to 
  another for such a motion (Deschler Ch 29 Sec. 23). However, the 
  majority or minority member controlling the time for general debate 
  may yield for a motion that the Committee of the Whole 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 Sec. Sec. 5012, 5013.
      For precedence of a motion to rise and report a general 
  appropriation bill, if offered by the Majority Leader, over an 
  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 and is then before the House for action. Manual Sec. 334. 
  When the Committee of the Whole rises without concluding the matter, 
  the Chairman reports that it ``has 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 of the Whole. 
  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 of the Whole 
  beyond those reported by its Chairman. A matter alleged to have arisen 
  therein but not reported may not be brought to the attention of the 
  House. 8 Cannon Sec. Sec. 2429, 2430.

[[Page 327]]

  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 of the Whole 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.
      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 . . . .

      For House action on amendments reported from the Committee of the 
  Whole, including the demand for separate votes, see Amendments. For 
  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 Sec. Sec. 5552, 5553). If 
  the bill is reported from the Committee of the Whole 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 Sec. 988. When a recommendation of the Committee of the 
  Whole 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. 989; 7 Cannon Sec. 943.


[[Page 329]]

 
             CHAPTER 13 - CONFERENCES BETWEEN THE HOUSES

                              HOUSE PRACTICE

                               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. Consideration of 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

[[Page 330]]

  Sec. 23. Nongermane Senate Matter
  Sec. 24. Senate Appropriations on House Legislative Bill
  Sec. 25. Senate Legislation on House Appropriation Bill
  Sec. 26. Congressional 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. Filing and 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 Managers Report in Total Disagreement

  Sec. 38. In General
        Research References
          5 Hinds Sec. Sec. 6254-6589
          8 Cannon Sec. Sec. 3209-3332
          Deschler-Brown Ch 33
          Manual Sec. Sec. 530-559, 637, 1069-1094


                               I. Generally


  Sec. 1 . In General; Purpose

      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 Sec. Sec. 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 amendments that are 
  messaged

[[Page 331]]

  between the Houses. Such action is taken in the expectation that one 
  House will eventually concur (or recede and concur) with the 
  amendments of the other House and thereby finally pass the bill. See 
  Senate Bills; Amendments Between the Houses. Another approach aimed at 
  reconciling differences is 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 Sec. Sec. 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. 
  Sec. Sec. 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 agree 
  to the conference or it may disregard the request and act on the 
  pending unresolved amendments. 5 Hinds Sec. Sec. 6313-6315. In the 
  latter case it may simply concur in the amendments or recede from 
  disagreement, thereby rendering a conference unnecessary if no further 
  issues remain to be disposed of between the Houses. 5 Hinds 
  Sec. Sec. 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 bills have been sent to a single conference by a single House 
  action. Deschler Ch 21 Sec. 27.6. Differences over a joint or 
  concurrent resolution also may be sent to conference. 5 Hinds 
  Sec. Sec. 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 Sec. 1487.
     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.

[[Page 332]]

     The time for the convening of the next session of Congress. 5 
         Hinds Sec. 6255.
     Papers in the nature of petitions. 5 Hinds Sec. 6263.


  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 or to an insistence by the House on its own 
  amendment. Manual Sec. 533; 6 Cannon Sec. 732.

      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 offered 
  under rule XXII clause 1. The motion is privileged in the discretion 
  of the Speaker if the motion is offered by direction of the primary 
  committee and of all reporting committees that had initial referral of 
  the measure. Manual Sec. Sec. 1069, 1070. This restraint is intended 
  to prevent the use of that motion as a dilatory tactic. Manual 
  Sec. 535. The motion may be offered only while the House is in 
  possession of the papers.
      Initial Senate amendments may be taken from the Speaker's table 
  and sent to conference by motion under this rule. Manual 
  Sec. Sec. 533, 1069, 1070. The motion permitted by the rule also may 
  be raised at subsequent stages of the amendment process between the 
  Houses and may include a motion to disagree to a Senate amendment to a 
  House amendment to a Senate bill and request a conference (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. 1070).
      A Member offering 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. Deschler-Brown Ch 33 Sec. 2.14. When the previous question is 
  ordered on the motion, further debate may be had on it only by 
  unanimous consent. Deschler-Brown Ch 33 Sec. 2.15.
      Rule XXII clause 1 requires a separate committee authorization 
  with respect to each particular bill to be sent to conference. Where a 
  measure has been reported by two or more committees of initial 
  referral, each reporting committee must authorize the motion sending 
  it to conference. A committee

[[Page 333]]

  receiving sequential referral of a bill or not reporting thereon need 
  not authorize the motion. On a Senate bill with a House amendment 
  consisting of the text of two corresponding House bills that were 
  previously reported to the House, the motion must be authorized by the 
  committees reporting those corresponding bills. Manual Sec. 1070. The 
  primary committee of jurisdiction may authorize the motion on an 
  unreported measure. 106-2, Oct. 11, 2000, p ____.
      Motions to send a measure to conference pursuant to rule XXII 
  clause 1 are generally made by the chairman of the legislative 
  committee with primary jurisdiction over the measure, acting by 
  direction of that committee as follows:

      Member: Mr. Speaker, pursuant to clause 1 of rule XXII and by 
    direction of the Committee on __________, I move to take from the 
    Speaker's table the bill (H.R. ______) with the Senate amendments 
    thereto, disagree with the Senate amendments and agree to the 
    conference requested by the Senate [or request a conference with the 
    Senate thereon].

      Member: Mr. Speaker, pursuant to clause 1 of rule XXII and by 
    direction of the Committee on __________, I move to take from the 
    Speaker's table the bill (S. ______) with the House amendments 
    thereto, insist on the House amendments and agree to the conference 
    requested by the Senate [or request a conference with the Senate 
    thereon].

      A motion to send a bill to conference may not be amended to 
  include instructions to House managers; instructions are properly 
  offered by separate motion following the adoption of the motion to go 
  to conference and before managers are appointed. Deschler-Brown Ch 33 
  Sec. 2.18. For a discussion of motions to instruct, see Sec. 11, 
  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 Sec. Sec. 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 Sec. Sec. 6273-6277. In any event, the request 
  for a conference must always be by the House that is in possession of 
  the papers. Manual Sec. 530.

                                  Motions

      A motion to disagree or insist and request a conference is in 
  order before, or after (subject to preferential motions), the Houses 
  have reached the stage of disagreement if made pursuant to rule XXII 
  clause 1. Manual

[[Page 334]]

  Sec. Sec. 528, 535, 1069; see also Senate Bills; Amendments Between 
  the Houses.
      Once a motion to request a conference has been rejected, its 
  repetition at the same stage of the proceedings has not been permitted 
  where no other motion to dispose of the matter in disagreement has 
  been considered. 5 Hinds Sec. 6325. However, a motion under rule XXII 
  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. Sec. 535, 1070.

                        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, there have been rare instances where the House 
  by unanimous consent has ``deemed'' a House bill with possible Senate 
  amendment sent to conference before Senate passage of the bill with 
  amendment, effective when subsequently in possession of the papers, in 
  order to permit managers to be appointed and to formally meet if the 
  House is not in session. See, e.g., 105-2, Apr. 1, 1998, p ____.


  Sec. 5 . Effect of Special Rules

      Amendments may be sent to conference pursuant to a special rule 
  from the Committee on Rules. 4 Hinds Sec. Sec. 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 Sec. Sec. 3243, 3244.
     Discharge a committee from consideration of a bill with Senate 
         amendments and ask for, or agree to, a conference thereon. 7 
         Cannon Sec. Sec. 820, 821.

[[Page 335]]

                          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 I 
  clause 11. Manual Sec. 637. The terms ``manager'' and ``conferee'' are 
  used synonymously in the modern precedents and are so used in this 
  chapter. The Speaker observes the guidelines set forth in rule I as to 
  the designation of managers. That rule requires the Speaker to 
  appoint:

     A majority of Members who generally supported the House 
         position, as determined by the Speaker.
     Members who are primarily responsible for the legislation.
     To the fullest extent feasible, Members who were the principal 
         proponents of the major provisions of the bill as it passed the 
         House.

      These guidelines permit the exercise of broad discretion by the 
  Speaker in making appointments. Manual Sec. 637. He may specify the 
  legislative issues on which individual managers are to confer. Manual 
  Sec. 536.

                            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, and he may consider the complexity of the bill and the number 
  of committees with jurisdiction. 8 Cannon Sec. 3221. A motion to 
  instruct the Speaker as to the number of managers to be appointed is 
  not in order. Manual Sec. 637; 8 Cannon Sec. 3221.
      Conference agreements are reached when a majority of House 
  managers agree with a majority of Senate managers, which is indicated 
  by their signing of the conference report. The number of managers 
  appointed by the Senate does not affect the Speaker's determination as 
  to the number of House managers because the managers of one House vote 
  separately from those of the other. 5 Hinds Sec. 6334. For a 
  discussion of conference meetings, see Sec. 10, infra.

                            Time of Appointment

      Conferees are usually appointed by the Speaker immediately after 
  the request for a conference is granted, but they may be appointed at 
  a subsequent time. In one instance, the Speaker did not announce his 
  appointment

[[Page 336]]

  of conferees until the second session on a bill on which the House had 
  requested a conference in the first session. Deschler-Brown Ch 33 
  Sec. 6.17.


  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. Deschler-Brown Ch 33 Sec. 6.1. The Speaker may make such 
  appointments without regard to committee seniority. 99-2, July 16, 
  1986, p 16705. On a comprehensive matter, the Speaker may appoint 
  separate groups of conferees from several committees for consideration 
  of provisions within their respective jurisdictions. Manual Sec. 637.
      The Speaker may appoint members from a nonreporting committee as 
  conferees on a provision in a Senate measure within that committee's 
  jurisdiction. Manual Sec. 637. The Speaker may, after appointing 
  general conferees from a reporting committee on all Senate provisions, 
  appoint additional conferees from an additional reporting or 
  nonreporting committee on a specified section. 107-2, Mar. 7, 2002, p 
  ____.
      In the current practice, the Speaker has announced a policy of 
  simplifying conference appointments by noting on the occasion of a 
  relatively complex appointment that, inasmuch as conference committees 
  are select committees that dissolve when their report is acted upon, 
  conference appointments should not be construed as jurisdictional 
  precedent. Manual Sec. 637.


  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 I 
  clause 11; 5 Hinds Sec. Sec. 6341-6368. 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 11, the Speaker may supplement an 
  appointment of conferees by modifying the array of separate panels and 
  by further specifying the subject matter to be considered by such 
  panels. Deschler-Brown Ch 33 Sec. 8.7.
      Where several conferences are held on the same bill, it was the 
  early practice to change the managers at each conference. 5 Hinds 
  Sec. Sec. 6288-6291, 6324. So fixed was this practice that their 
  reappointment had a special significance, indicating an unyielding 
  temper. 5 Hinds Sec. Sec. 6352-6368. However,

[[Page 337]]

  the later practice is to reappoint the same managers (5 Hinds 
  Sec. Sec. 6341-6344) unless a change is necessary to enable the 
  sentiment of the House to be represented (5 Hinds Sec. 6369). For 
  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 death or ill health, 
  resignation, or removal. Deschler-Brown Ch 33 Sec. Sec. 8.3, 8.8. 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. The letter is laid before the House. A conferee may be 
  excused by unanimous consent at the request of another Member, 
  particularly where time is of the essence. Deschler-Brown Ch 33 
  Sec. 8.2.
      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. Deschler-Brown Ch 33 Sec. 8.10.
      Under rule I clause 11, conferees may be removed from a conference 
  committee by the Speaker. Before the adoption of that rule, conferees 
  were removed only by action of the House by unanimous consent. 
  Deschler-Brown Ch 33 Sec. 8.1.


  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 Sec. Sec. 6417, 6418, 6420.
     May not address new items or a new subject not committed to 
         the conference. 5 Hinds Sec. Sec. 6407, 6408; 8 Cannon 
         Sec. Sec. 3254, 3255; 107-2, Nov. 14, 2002, p ____.
     Must confine themselves to matters that are within the scope 
         of the difference between the House position and the Senate 
         position. Manual Sec. 1088.

      These limitations stem from the fundamental principle that when a 
  bill is sent to conference, matters in disagreement between the 
  Houses--and

[[Page 338]]

  only matters in disagreement between the Houses--are before the 
  conferees. Manual Sec. 1088. 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.
      Rule XXII clause 9 permits managers to propose a substitute that 
  is a ``germane modification'' of the matter in disagreement but 
  proscribes the presentation of ``specific additional'' matter not 
  committed to conference. Clause 9 further prohibits the report of the 
  managers from including matter not committed to the conference by 
  either House or a modification of any specific matter committed to the 
  conference if that modification is beyond the scope thereof. Manual 
  Sec. 1088. For a discussion of 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. 28, 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 Sec. 3264. 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. Where the dates contained in both 
  versions have since passed, the conferees may report the Senate 
  amendment back in technical disagreement so that the effective date 
  can be reconsidered. Deschler-Brown Ch 33 Sec. 7.12.

                   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. Deschler-Brown Ch 33 Sec. 7.7. 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

[[Page 339]]

  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. Manual Sec. 1088.

               Extending Authority of Managers by Resolution

      On rare occasions, the managers of a conference have been 
  permitted to take up a matter not in issue between the Houses pursuant 
  to a concurrent resolution. 5 Hinds Sec. Sec. 6437-6439. Concurrent 
  resolutions permitting managers to consider matters not technically 
  committed to conference are considered by unanimous consent. Manual 
  Sec. 527.


  Sec. 10 . Meetings

                             Generally; Voting

      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 unqualified signatures of a majority of the 
  managers from each House are sufficient. For a more thorough 
  discussion of signatures on a conference report, see Sec. 18, infra.

                        Meetings as Open or Closed

      Rule XXII clause 12 requires a conference meeting of each 
  conference committee to be open to the public except where the House 
  by record vote determines otherwise. Manual Sec. 1093. The rule 
  permits a point of order in the House against the report if the House 
  managers fail to meet at least once in open session as required. See 
  Manual Sec. 548. If the point of order is sustained, it results in 
  rejection of the report (signatures notwithstanding) and in an 
  automatic request for a new conference, and it permits the appointment 
  of new conferees without intervening motion to instruct. Deschler-
  Brown Ch 33 Sec. 5.13.

[[Page 340]]

                   Motions to Close a Conference Meeting

      Under rule XXII clause 12, a motion to close a conference meeting 
  is privileged for consideration in the House after the House has 
  agreed to go to conference. The motion is not debatable and must be 
  decided by a record vote. The motion may be amended only if the Member 
  offering the motion yields for that purpose (or the previous question 
  is rejected). Manual Sec. 1093. 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 of Congress shall have the right to attend such meeting. 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, with each House having one vote. 
  The Speaker will not normally sustain a point of order against 
  consideration of a conference report signed by a majority of House and 
  Senate conferees based upon irregularities at the conference meeting, 
  other than the requirement for one open meeting. 96-2, Mar. 25, 1980, 
  p 6430. This position reflects the policy that unqualified signatures 
  of a majority of House and Senate conferees constitute a ratification 
  of any procedural irregularity alleged to have occurred in a 
  conference committee. The Speaker will not look behind the signatures 
  to determine whether the report has incorporated all the agreements 
  informally made in conference. Deschler-Brown Ch 33 Sec. 18.2. 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. 
  Deschler-Brown Ch 33 Sec. 7.13.

[[Page 341]]

                  III. Instructions to Managers; Motions


  Sec. 11 . In General

                           Instructions In Order

      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 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 that is 
         within scope. Manual Sec. 941.
     Insist on certain provisions in a House-passed bill. 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 a meeting with Senate conferees. Manual Sec. 1079.

                        Limitations on Instructions

      Instructions may not direct conference managers to do that which 
  they might not otherwise do (5 Hinds Sec. Sec. 6386, 6387; 8 Cannon 
  Sec. Sec. 3235, 3244), such as to change a part of a bill not in 
  disagreement (5 Hinds Sec. Sec. 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. Manual Sec. 1088.
     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. Manual Sec. 1088.
     Direct conferees to concur in a Senate amendment with an 
         amendment not germane thereto. 8 Cannon Sec. 3235.
     Include argument. Rule XXII clause 7(d).

      One House has no jurisdiction over conferees appointed by the 
  other. Instructions apply only to managers on the part of the House 
  giving the instructions. 8 Cannon Sec. Sec. 3241, 3242.

        Conferring Authority to Agree to Certain Senate Amendments

      A motion to instruct also may be used to authorize House 
  conferees, pursuant to rule XXII clause 5, to agree to certain Senate 
  amendments. Clause 5 requires such authorization for Senate amendments 
  that, if originating in the House, would violate rule XXI clause 2 
  (legislation on an ap

[[Page 342]]

  propriation bill or an unauthorized appropriation) or propose an 
  appropriation on a bill other than a general appropriation bill. 
  Manual Sec. 1076. However, clause 5 does not permit a motion to 
  instruct conferees on a general appropriation bill to include 
  additional legislation to that contained in the Senate amendment. 
  Manual Sec. 1076.


  Sec. 12 . Consideration of 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) 20 calendar days and, 
  concurrently, 10 legislative days after the second House has appointed 
  conferees, the conferees having failed to report (Sec. 14, infra), and 
  (3) immediately before adoption of a conference report by the first 
  House, in a motion to recommit the conference report to conference 
  (Sec. 15, infra). For a discussion of recognition and debate of such 
  motions, see Sec. 13, 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, although the motion may be postponed by unanimous consent 
  until a time after the appointment. 5 Hinds Sec. Sec. 6379-6382. The 
  motion is not in order until the House has voted to ask for or agree 
  to a conference. Deschler-Brown Ch 33 Sec. 10.5. Only one motion to 
  instruct conferees is in order at this stage. Manual Sec. 541; 8 
  Cannon Sec. 3236.

                             Tabling of Motion

      A motion to instruct House managers at a conference is subject to 
  the motion to lay on the table; and, if adopted, does not carry the 
  bill to the table. Manual Sec. 541. 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 before ordering the previous 
  question. If the motion to table is voted down, the previous question 
  may be moved on the motion to instruct. Deschler-Brown Ch 33 
  Sec. 9.13.

                   Withdrawal or Postponement of Motion

      A motion to instruct the House managers at a conference has been 
  withdrawn after debate thereon. Deschler-Brown Ch 33 Sec. 9.14. The 
  postponement of consideration of such a motion is permitted by 
  unanimous consent.

[[Page 343]]

   Deschler-Brown Ch 33 Sec. 10.4. Under rule XX clause 8, the Speaker 
  may postpone the vote on a motion to instruct. However, proceedings 
  may not resume on a postponed question of agreeing to a motion to 
  instruct under rule XX clause 7 after the managers have filed a 
  conference report in the House. Manual Sec. 1079.


  Sec. 13 . -- Debate on Motion; Recognition and Amendments

                          Recognition and Debate

      Recognition to offer the initial motion to instruct House 
  conferees, and the motion to recommit a conference report with 
  instructions, is the prerogative of the minority. The Speaker 
  recognizes the ranking minority member of the committee reporting the 
  bill when that member seeks recognition to offer the motion. Manual 
  Sec. 541.
      A motion to instruct conferees is debatable under the hour rule. 
  Under rule XXII clause 7(b), the hour is equally divided between the 
  majority and minority parties unless both support the motion. Manual 
  Sec. 1078. In that case a Member in opposition to the motion may 
  demand one-third of the time for debate. No additional debate thereon 
  is in order unless the previous question is rejected or unless the 
  Member having the floor yields for amendment. See, e.g., Deschler-
  Brown Ch 33 Sec. 9.7. The hour of debate time on a motion to instruct 
  may be terminated by laying the motion to instruct on the table before 
  debate. Deschler-Brown Ch 29 Sec. 68.29.

                           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. Manual Sec. 541.


  Sec. 14 . Motions After Failure of Managers to Report

      Where conferees have been appointed for 20 calendar days and, 
  concurrently, 10 legislative 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 XXII clause 7(c). This period runs from the time that the 
  conference committee has been formed by appointment in both Houses. 
  Deschler-Brown Ch 33 Sec. 14.3. The Member offering such motion must 
  give notice of one legislative day under the rule, and recognition 
  does not depend on party affiliation. Manual Sec. 1079. When the House 
  adjourns while such motion is pending, the motion becomes unfinished 
  business on the next day and does not need to be renoticed. Manual 
  Sec. 877.

[[Page 344]]

      The practice that precludes more than one motion in the House to 
  instruct conferees before 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 requisite 
  period. Manual Sec. 541. Indeed, a motion to instruct House conferees 
  who have failed to report for 20 calendar days and, concurrently, 10 
  legislative 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. The motion remains 
  available when a conference report is recommitted by the first House 
  to act thereon, because the conferees are not discharged and the 
  original conference remains in existence. Manual Sec. 1079.


  Sec. 15 . Instructions in Motions to Recommit

      A motion to recommit a conference report may include instructions 
  to the House conferees. 8 Cannon Sec. 3241; Sec. 35, infra. A report 
  may be recommitted with instructions to insist on disagreement or take 
  other action on an amendment contained in the report. Deschler-Brown 
  Ch 33 Sec. 32.38; 94-2, Sept. 28, 1976, p 33034.
      However, the motion may not instruct House conferees to include 
  matter that is beyond the scope of differences committed to 
  conference. For example, a motion to instruct conferees on a general 
  appropriation bill may not instruct the conferees to include a funding 
  limitation not contained in the House bill or Senate amendment or to 
  add legislation to that contained in a Senate amendment. Manual 
  Sec. 1076. Similarly, a motion to recommit a conference report may not 
  instruct conferees to expand definitions to include classes not 
  covered under the House bill or Senate amendment or to include 
  provisions not contained in the House bill or Senate amendment. A 
  waiver of all points of order against a conference report and against 
  its consideration does not inure to instructions contained in a motion 
  to recommit such measure to conference. Manual Sec. 1088.
      Under rule XXII clause 7(d), instructions to conferees in a motion 
  to recommit to conference may not include argument.


  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. Manual 
  Sec. 550. A failure of conferees to adhere to such instructions does 
  not render their report subject to a point of order. Manual Sec. 541; 
  5 Hinds Sec. 6395; 8 Cannon Sec. Sec. 3246-3248. Conferees are not 
  required to seek further guidance if they are unable to comply with 
  instructions suggested to them. Deschler-Brown Ch 33

[[Page 345]]

  Sec. 12.4. For these reasons, a point of order will not lie against a 
  conference report 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. 
  Manual Sec. 541. For a discussion of 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. A 
  conference report may contain an entirely new amendment in the nature 
  of a substitute. Manual Sec. 543; 5 Hinds Sec. Sec. 6465-6467.
      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 
  Sec. Sec. 6460-6464. For a discussion of disposition of amendments 
  remaining in disagreement between the Houses, see Senate Bills; 
  Amendments Between the Houses.
      A conference report is jointly prepared by the managers from the 
  House and 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. Under House precedents, the signatures must be without 
  qualification, exception, or argument. Sec. 18, infra. Minority views 
  are not in order. Manual Sec. 543. The managers in the minority have 
  no authority to make a formal report concerning the conference. 5 
  Hinds Sec. 6406.
      Filing a conference report and subsequent printing in the 
  Congressional Record are necessary to initiate the three-day waiting 
  period that must precede the consideration of the report on the floor 
  of the House. Manual Sec. 1082; Sec. 30, infra. Under rule XXII clause 
  7 the filing of a conference report is privileged. Permission to file 
  and print a report when the House is not in session may be given by 
  unanimous consent.

[[Page 346]]

      In the case of recommittal of a conference report to a committee 
  of conference, the subsequent conference report is filed as 
  privileged, assigned a new number, and otherwise treated as a new and 
  separate report. Deschler-Brown Ch 33 Sec. 16.2.

                          Explanatory Statements

      Under rule XXII clause 7(e), 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 that 
  the matter contained in the report will have upon the pending measure. 
  Manual Sec. 1080. This statement is signed by a majority of the 
  managers of each House, which, under House precedents, must be without 
  qualification, exception, or argument. Manual Sec. 543.
      A report may not be received without the accompanying statement. 
  Manual Sec. 1080. The Speaker may require the statement to be in 
  proper form, but it is for the House, and not the Speaker, to 
  determine its sufficiency. 5 Hinds Sec. Sec. 6511-6513.
      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. Deschler-Brown Ch 33 
  Sec. 20.4. A conferee may not revise or supplement a joint statement 
  of managers by inserting in the Congressional Record by unanimous 
  consent extraneous material. Manual Sec. 1080.


  Sec. 18 . Signing and Signatures

      To be valid in the House, a conference report must be signed by a 
  majority of the managers of the House and by a majority of the 
  managers of the Senate without qualification, exception, or argument. 
  Manual Sec. 543; 5 Hinds Sec. Sec. 6497-6502 (even though under Senate 
  practice signatures with conditions or exceptions are counted toward a 
  majority). In the House each provision must receive signatures of a 
  majority of the Members appointed for that provision only (including 
  general and additional conferees). However, under Senate practice, 
  signatures are counted strictly per capita. Reports bearing 
  insufficient signatures are subject to a point of order and will not 
  be received. 5 Hinds Sec. 6497; 8 Cannon Sec. 3295.
      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 Sec. 6500. The name 
  of an absent manager may not be affixed to a conference report. 
  However, the House and Senate may by

[[Page 347]]

  concurrent action authorize him to sign the report after it has been 
  acted on. 5 Hinds Sec. 6488. A quorum among the managers on the part 
  of the House at a committee of conference is established by their 
  signatures on the conference report and joint explanatory statement. 
  Manual Sec. 543.

                      Signatures with Qualifications

      Conferees have been permitted to sign a conference report with 
  qualification or exception. 5 Hinds Sec. Sec. 6489-6496, 6538. 
  However, recent precedents in the House 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. Manual 
  Sec. 543; 8 Cannon Sec. 3302. However, under Senate practice, House 
  and Senate signatures with conditions or exceptions are counted toward 
  a majority.


  Sec. 19 . Correction of Errors

      A correction to language appearing in a conference report may be 
  made by the Clerk or the Secretary of the Senate in the enrollment of 
  the bill if authorized by concurrent resolution. Such a concurrent 
  resolution may be considered by unanimous consent, under suspension of 
  the rules, or by report from the Committee on Rules. Manual Sec. 527. 
  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. Deschler-Brown Ch 33 
  Sec. 30.28.
      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; 107-2, Oct. 10, 2002, p ____.


                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. 
  Deschler-Brown Ch 33 Sec. 25.9. For a discussion of raising points of 
  order, see Sec. 27, infra.

[[Page 348]]

  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 that was beyond 
  the limits of their authority. Manual Sec. 1088; Sec. 9, supra. If the 
  point of order is sustained, the conference report is vitiated; and 
  the bill and amendments are again before the House for consideration. 
  Manual Sec. 547; 8 Cannon Sec. 3256; 107-2, Nov. 15, 2002, p ____.
      Sustaining a point of order on a conference report on the ground 
  that it contains a provision beyond scope does 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. Deschler-Brown Ch 33 Sec. 25. A 
  matter ruled out as ``beyond scope'' may constitute a germane 
  amendment to a Senate amendment remaining in disagreement.
      For a discussion of the Senate scope rule, Senate Rule XXVIII 
  clause 2, see Deschler-Brown Ch 33 Sec. 19.4


  Sec. 22 . -- Conference Substitutes or Modifications

      Under rule XXII clause 9, a conference report containing a 
  substitute agreed to by the managers may not include matter not 
  committed to the conference by either House. Manual Sec. 1088. 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. Deschler-Brown Ch 33 Sec. 7.4. 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. 
  Deschler-Brown Ch 33 Sec. 7.11. 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 also may give 
  rise to 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. Deschler-Brown Ch 33 Sec. 7.4.


  Sec. 23 . Nongermane Senate Matter

      A Member may 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

[[Page 349]]

  in the House. 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 
  must be raised before the report itself is debated. Rule XXII clause 
  10(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, which is debatable for 40 minutes, equally divided between 
  the Member offering the motion and a Member opposed. Rule XXII clause 
  10(b). Recognition is not based on party affiliation. Deschler-Brown 
  Ch 29 Sec. 17.10. No other point of order may be made until disposal 
  of the motion to reject. Manual Sec. 1090.
      If the motion to reject is not agreed to, the nongermane Senate 
  matter is retained, and debate commences on the conference report 
  itself. Deschler-Brown Ch 33 Sec. 30.24.
      Under rule XXII clause 10(d), if the House votes in favor of any 
  motion to reject the nongermane matter, the report itself is 
  considered as rejected. 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. Manual Sec. 1089. The adoption of clause 10(d) was based on 
  the principle that a conference report must be acted on as a whole. It 
  must be either agreed to or disagreed to in its entirety. Rejection of 
  a portion of a conference report results in the rejection of the 
  entire report. Manual Sec. 549.
      Points of order arising under rule XXII clause 10(a) are normally 
  waived by a special rule from the Committee on Rules or by unanimous 
  consent. Sec. 28, infra.


  Sec. 24 . Senate Appropriations on House Legislative Bill

      Under rule XXII clause 5, 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. Manual Sec. 1076. 
  Therefore, 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 subject to a point of order 
  and may be ruled out. Manual Sec. 1076. This point of order:

     Applies only to Senate amendments that are reported from 
         conference and not to appropriations reported in Senate 
         legislative bills. Manual Sec. 1076.
     Does not apply if House conferees were authorized to agree to 
         the amendment by separate House vote, such as a motion to 
         instruct or a motion to recommit with instructions. Manual 
         Sec. 1076.

[[Page 350]]

     Does not apply to a provision permitted by the House to remain 
         in its own bill. Manual Sec. 1076.
     May be waived by special rule or by unanimous consent. 
         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, such as a 
  vote on a motion to instruct or a motion to recommit with 
  instructions. Manual Sec. Sec. 1039, 1076. The purpose of this 
  restriction is to prevent conference committees from using 
  appropriation bills to legislate or to agree to unauthorized 
  appropriations without the permission of the House. 7 Cannon 
  Sec. 1574.
      Points of order arising under this requirement are normally waived 
  by a special rule from the Committee on Rules or by unanimous consent. 
  Sec. 28, infra.
      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 was at one time a customary practice to report 
  such amendments in technical disagreement, where such Senate 
  amendments were separately numbered. The House would first consider a 
  partial report consisting of the matter agreed to in conference and 
  not in conflict with rule XXI, and then consider separately those 
  amendments reported in real or technical disagreement. 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. Manual Sec. 1076. Under rule XXII clause 8(b)(3), a 
  preferential motion to insist on disagreement to the Senate amendment 
  is in order if offered by the House committee having jurisdiction 
  thereof and if the original motion to dispose of the Senate 
  legislative amendment offered by the House manager proposes to amend 
  existing law. Manual Sec. 1084; see Senate Bills; Amendments Between 
  the Houses. However, under modern practice, the Senate ordinarily 
  amends a House-passed general appropriation bill with one amendment in 
  the nature of a substitute, which precludes reporting in partial 
  disagreement of portions thereof and necessitates waivers of points of 
  order in the House.

[[Page 351]]

  Sec. 26 . Congressional Budget Act Violations

      Congressional action on legislation reported from a conference 
  committee is subject to the Congressional Budget Act of 1974. Manual 
  Sec. 1127. The following points of order against consideration of a 
  conference report under the Congressional Budget Act lie in the House:

     Containing spending, revenue, or debt-limit legislation for a 
         fiscal year before a budget resolution for that year has been 
         adopted. Sec. 303(a).
     Containing matter within the jurisdiction of the House and 
         Senate Budget Committees but not reported by those committees. 
         Sec. 306.
     On reconciliation legislation if containing a recommendation 
         that changes Social Security. Sec. 310(g).
     Breaching the allocation--to each committee with 
         jurisdiction--of appropriate levels of budgetary spending 
         authority. Sec. 302(f).
     Breaching certain budgetary levels as set forth in the 
         applicable concurrent resolution on the budget. Sec. 311(a).
     Providing certain budget authority beyond that provided for in 
         advance in appropriation acts. Sec. 401.
     Increases in the costs of Federal intergovernmental mandates 
         by amounts that exceed specified thresholds (to be determined 
         by a vote on the question of consideration). Sec. 425.
     In the Senate only, a conference report on a reconciliation 
         bill that includes extraneous provisions (the ``Byrd Rule''). 
         Sec. 313.

  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. The point of order should be made 
  when the report is called up for consideration and before debate 
  thereon. Deschler-Brown Ch 33 Sec. 25.9. 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. Deschler-Brown Ch 33 Sec. 25.12; 94-1, Dec. 15, 1975, p 40671. 
  Under rule XXII clause 8(c), a conference report is considered as read 
  if it has been available for three days (having been printed in the 
  Congressional Record on the day filed). The report also may be 
  considered as read by special rule or by unanimous consent.

                         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. 
  Deschler-Brown Ch 33 Sec. 25.18. However, the Chair entertains and 
  rules on points of order that, if sustained, will vitiate the entire 
  conference report before entertaining

[[Page 352]]

  points of order against certain portions of the report under rule XXII 
  clause 10. Manual Sec. 1090.
      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. Deschler-Brown Ch 33 
  Sec. 25.17.

             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 
  on the ground that it is useless to entertain points of order if the 
  House is not going to consider the report. However, a point of order 
  should be decided first if it concerns whether the matter is 
  privileged to come up for consideration in the first instance. Manual 
  Sec. 909.
      Under section 426 of the Congressional Budget Act of 1974, which 
  provides for disposition of points of order that preclude unfunded 
  Federal intergovernmental mandates, a question of consideration can be 
  raised against a conference report that contains a provision 
  increasing the costs of such mandates above levels specified in 
  section 424 of that Act. 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 entire conference 
  report to be considered.


  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, and this has become the normal practice. See, e.g., 107-1, H. 
  Res. 312, Dec. 12, 2001, p ____. The resolution normally waives all 
  points of order but may waive one or more specific points of order. 
  Such a resolution may also waive all points of order against a 
  conference report except against certain provisions, for example, 
  sections therein that contain matter beyond the House conferees' scope 
  of authority in violation of rule XXII clause 9. Deschler-Brown Ch 33 
  Sec. 26.8.
      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. See Special Orders of Business.

                           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

[[Page 353]]

  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 provided 
  for the following:

     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.
     The consideration of a report not yet filed and amendments 
         reported in disagreement, subject to one-hour availability to 
         Members. Deschler-Brown Ch 33 Sec. 2.24.
     The consideration of a report containing no joint statement of 
         the managers. 98-2, June 29, 1984, p 20206.
     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.

                      By Motion to Suspend the Rules

      A conference report may be adopted pursuant to a motion to suspend 
  the rules. Deschler-Brown Ch 33 Sec. 30.26. Thus, the Speaker may 
  recognize a Member to move to suspend the rules and agree to a 
  conference report that has been ruled out of order because the 
  conferees exceeded their authority in violation of rule XXII clause 9 
  or because the conference report has not met its availability 
  requirement under rule XXII clause 8. Deschler-Brown Ch 33 Sec. 26.28; 
  Deschler-Brown Ch 33 Sec. 27.9.


                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. Under a practice 
  suggested by Jefferson, 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. However, the managers for the agreeing House may nevertheless 
  surrender the papers to the asking House so that it may act first on 
  the report. Manual Sec. 555; 8 Cannon 3330.
      Where a conference dissolves without reaching any agreement, the 
  managers for the House that (having the papers) asked the conference, 
  are justified in retaining them and carrying them back to their House. 
  Manual Sec. 556;

[[Page 354]]

  5 Hinds Sec. Sec. 6254, 6571-6584; 8 Cannon Sec. 3332. However, in the 
  event that the matter in disagreement is an amendment of the House 
  that requested the conference, the papers may be surrendered to the 
  other House to permit it to act first on, and respond to, that 
  amendment. Deschler-Brown Ch 33 Sec. 24.13.


  Sec. 30 . Layover and Availability Requirements

                                 Generally

      The floor consideration of conference reports is subject to 
  layover and availability requirements under rule XXII clause 8(a). 
  Manual Sec. 1082. They require that conference reports:

     Be printed in the Congressional Record on the day filed and be 
         available for three calendar days (excluding Saturdays, 
         Sundays, 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. 1082. This is construed to mean 
  that, during the last six calendar days before the constitutional end 
  of a session on January 3, a conference report may be called up on the 
  same day it is filed. Deschler-Brown Ch 33 Sec. 22.5.

                                  Waivers

      The three-day layover rule may be waived by unanimous consent, by 
  suspension of the rules, or, more commonly, by adoption of a special 
  rule. Sec. 28, supra. A resolution only waiving the availability 
  requirement may be considered on the same day the resolution is 
  reported under rule XXII clause 8(e) and rule XIII clause 6(a)(2). 
  Such a resolution may permit a waiver of the three-day layover 
  requirement for the remainder of a session. 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, although the two-hour 
  requirement may likewise be waived pursuant to a special rule. 
  Deschler-Brown Ch 33 Sec. 27.10. The two-hour requirement also may be 
  waived pursuant to a unanimous-consent agreement providing for 
  consideration ``immediately'' after filing. Deschler-Brown Ch 33 
  Sec. 27.9.

[[Page 355]]

  Sec. 31 . Filing and Calling Up Report; Reading

                           Generally; Precedence

      A conference report may be called up in the House 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 XXII. 
  Sec. 30, supra.
      Because of its potential value in settling House-Senate 
  differences, the filing of a conference report is considered as a 
  matter of high privilege. Rule XXII clause 7; Manual Sec. 1077; 5 
  Hinds Sec. 6443. Its presentation or filing takes precedence over:

     Unfinished business. Manual Sec. 1077.
     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 
         Sec. Sec. 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.
     A motion to adjourn (although as soon as the report is 
         presented the motion to adjourn may be put). Manual Sec. 1077.

                              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. Deschler-Brown Ch 33 
  Sec. 23.3. If the senior House manager is unable to be present on the 
  floor to call up the report, the Speaker will recognize another 
  majority member of the conference committee. Deschler-Brown Ch 33 
  Sec. 23.1.

                                  Reading

      Under rule XXII clause 8(c), a conference report that meets the 
  availability requirements need not be read when called up for 
  consideration in the House. If it has not been available for the 
  three-day period, it must be read in full when called up for 
  consideration, unless dispensed with by unanimous consent or by 
  special rule. The statement of the managers accompanying a conference 
  report may by unanimous consent be read in lieu of the report. 
  Deschler-Brown Ch 33 Sec. 20.9.

[[Page 356]]

                         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. 
  Deschler-Brown Ch 33 Sec. 20.9.
      A motion to postpone the consideration of a conference report to a 
  day certain is permitted until the previous question is ordered on the 
  report. Thereafter, postponement is permitted only by unanimous 
  consent (except for the Speaker's authority to postpone the vote on 
  adoption of a conference report under rule XX clause 8). Deschler-
  Brown Ch 33 Sec. 30.9.


  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. Deschler-Brown Ch 33 Sec. 30.2. However, pursuant to 
  a resolution from the Committee on Rules, the House may consider and 
  vote on two or more conference reports en bloc. Deschler-Brown Ch 33 
  Sec. 22.10.

                        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. Deschler-
  Brown Ch 33 Sec. 29.42. Proposed motions to dispose of the amendments 
  that were not all the same (as where they proposed to recede and 
  concur with different amendments) also may be considered by unanimous 
  consent. Deschler-Brown Ch 32 Sec. 11.10. For disposition of Senate 
  amendments generally, see Senate Bills; Amendments Between the Houses.


  Sec. 33 . Debate

                         Generally; Extending Time

      Debate on a conference report is under the hour rule. Rule XVII 
  clause 2; rule XXII clause 8(d); Manual Sec. Sec. 957, 1086. Such 
  debate may be extended by unanimous consent or by special rule 
  reported by the Committee on Rules but not by motion. Deschler-Brown 
  Ch 33 Sec. Sec. 28.2, 28.3. The one hour of debate could also be 
  continued if the motion for the previous question were rejected. 93-2, 
  Feb. 27, 1974, p 4397.

                             Division of Time

      Under rule XXII clause 8(d), the time for debate on a conference 
  report or an amendment emerging from conference in disagreement is 
  equally di

[[Page 357]]

  vided between the majority and minority parties. 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 or following the sustaining of a point 
  of order against a conference report. 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. Manual 
  Sec. 1086.

                       Three-way Division of Debate

      Rule XXII clause 8(d) provides 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. 1086. 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. Priority in such 
  recognition is accorded to a member of the conference committee. 
  Manual Sec. 1086.
      To open debate, the Chair recognizes first the majority manager 
  calling up the conference report, 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 calling up the conference 
  report. 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. 1086.


  Sec. 34 . -- Recognition; Control of Debate Time

                                 Generally

      When a conference report is called up or a Senate amendment in 
  disagreement is pending, the hour of debate time is equally controlled 
  by the majority and minority parties. Manual Sec. 1086. 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. Deschler-Brown 
  Ch 32 Sec. 8.11. 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. Deschler-Brown Ch 33

[[Page 358]]

  Sec. 28.6. 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 may yield to other Members for 
  debate only. Another minority member, merely by offering a 
  preferential motion, does not thereby control one-half of the time 
  under the original motion. Manual Sec. 1086.
      However, if the original motion is defeated, recognition may shift 
  and 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. Manual 
  Sec. 1086.

                 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. 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, 
  because the subsequent question of concurring, or concurring 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 to the existing 
  conference committee is in order if the other House has not acted on 
  the report and thereby discharged its managers. Manual Sec. 550. After 
  one House has acted on a report, the other House has only the option 
  of accepting or rejecting it. Deschler-Brown Ch 33 Sec. 32.6. After 
  both Houses have acted on the report, it may be recommitted to 
  conference only by concurrent resolution. Manual Sec. 550; 8 Cannon 
  Sec. 3316.
      The motion to recommit is initially the prerogative of the 
  minority. See Refer and Recommit. However, the Speaker has recognized 
  a majority

[[Page 359]]

  member to offer a motion to recommit a conference report in the 
  absence of a minority member seeking recognition to offer the motion. 
  Deschler-Brown Ch 33 Sec. 32.20.
      A motion to recommit a conference report is not in order until the 
  previous question has been ordered on the report. Deschler-Brown Ch 33 
  Sec. 32.10. 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. Deschler-Brown Ch 33 Sec. 32.52. However, if a recommittal 
  motion with instructions is ruled out on a point of order, a valid 
  motion may still be offered. A motion to recommit comes too late after 
  the report has been agreed to. Deschler-Brown Ch 33 Sec. 32.13.
      Under section 305(a)(6) of the Congressional Budget Act of 1974, a 
  motion to recommit a conference report on the concurrent resolution on 
  the budget is not in order.
      Where a conference report is recommitted to conference, the House 
  managers carry the original papers back to conference. Deschler-Brown 
  Ch 33 Sec. 32.51. The same conferees remain appointed. Deschler-Brown 
  Ch 33 Sec. 32.2. If a second report is then filed by the conferees, it 
  is numbered and otherwise treated as a new and separate report. 
  Deschler-Brown Ch 33 Sec. 32.48.
      Instructions in motion to recommit, see Sec. 15, supra.

             Recommittal by Unanimous Consent or Special Rule

      Conference reports are sometimes recommitted by unanimous consent 
  in the House acting first. Deschler-Brown Ch 33 Sec. 32.40. This 
  procedure may be used:

     To recommit a report in which an error has been discovered. 
         Deschler-Brown Ch 33 Sec. 32.40.
     To permit the conferees to make certain changes and to file a 
         new report. Deschler-Brown Ch 33 Sec. 32.41.
     Where the conferees have exceeded their authority in reporting 
         a matter not in disagreement. 90-1, June 28, 1967, p 17738.

      A conference report also may be recommitted by a special rule 
  reported by the Committee on Rules. See e.g., 107-1, H. Res. 134, May 
  8, 2001, p ____.


  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 are 
  available to the

[[Page 360]]

  Members: (1) agree, (2) disagree, or (3) recommit to conference. 5 
  Hinds Sec. Sec. 6546, 6558. For recommittal, see Sec. 35, supra. 
  Conference reports may not be:

     Disposed of by the motion to table after the previous question 
         is ordered. 5 Hinds Sec. Sec. 6538-6544.
     Referred to a standing committee. 5 Hinds Sec. 6558.
     Amended (5 Hinds Sec. Sec. 6534, 6535), except by concurrent 
         resolution (5 Hinds Sec. 6536).
     Sent to Committee of the Whole. 5 Hinds Sec. Sec. 6559-6561.

      A report having been called up, 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. 
  Although 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(b), a three-fifths vote 
  is required on a conference report carrying a Federal income tax rate 
  increase. For Speaker's discretion to postpone a vote on a conference 
  report, see rule XX clause 8; Manual Sec. 1030. Postponement by 
  unanimous consent, see Sec. 31, supra.
      Under rule XX clause 10, the yeas and nays are considered ordered 
  on the adoption of a conference report on a general appropriation 
  bill, on a concurrent resolution on the budget, or on a bill 
  increasing Federal income tax rates.

                              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 special rule permitting such a 
  separate vote results in the rejection of the entire report. Deschler-
  Brown Ch 33 Sec. 30.5. Until the report has been acted on, no motion 
  to deal with individual amendments reported in disagreement is in 
  order. 5 Hinds Sec. Sec. 6323, 6389, 6390. In some cases, however, 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 
  Sec. Sec. 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. Deschler-Brown Ch 33 Sec. 29.3. For 
  a discussion of amendments reported in total disagreement, see 
  Sec. 38, infra.

[[Page 361]]

                      Motions to Reconsider the Vote

      After disposition of the report and any or all 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. Deschler-
  Brown Ch 33 Sec. Sec. 30.35, 30.36. The Speaker may put as one 
  question reconsideration of multiple 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. Under section 305(a)(6) of the Congressional Budget Act 
  of 1974, a motion to reconsider the vote on a conference report on the 
  concurrent resolution on the budget is not in order.


  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 but in 
  the stage of disagreement. 5 Hinds Sec. 6525. Motions for the 
  disposition of amendments in disagreement or to send the matter to 
  further conference are again in order. Rule XXII clause 4; Manual 
  Sec. Sec. 1074, 1075; 8 Cannon Sec. 3303. Thus, the House may reject a 
  conference report, insist on disagreement to a Senate amendment, and 
  ask for a further conference. Manual Sec. 528d. 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. Deschler-Brown 
  Ch 33 Sec. 31.8.


        D. Disposition Where Managers 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 prepare and sign a 
  written report to that effect. 5 Hinds Sec. Sec. 6565-6570. The report 
  is filed and ordered printed. Manual Sec. 545. Under the former 
  practice, amendments reported in total disagreement could be taken up 
  for immediate consideration in the House. 8 Cannon Sec. Sec. 3299, 
  3332. Today the matter in disagreement is subject to the three-day 
  layover requirement of rule XXII clause 8(b).
      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. Deschler-Brown Ch 33 Sec. 29.13. In the House, after the 
  report is called up, action is taken on the amendment in disagreement 
  but not on the report. Deschler-

[[Page 362]]

  Brown Ch 33 Sec. 29.3. Thus, where conferees report in disagreement 
  absent a special rule, 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 amendments to the House amendments for disposition by motion. 
  Deschler-Brown Ch 33 Sec. 29.28. Debate (including possible three-way 
  debate) and voting proceeds in the same manner as on amendments 
  reported from conference in partial disagreement. See Sec. 33, supra. 
  Motions to dispose of amendments in disagreement, see Senate Bills; 
  Amendments Between the Houses.


[[Page 363]]

 
             CHAPTER 14 - CONGRESSIONAL DISAPPROVAL ACTIONS

                              HOUSE PRACTICE

  Sec. 1. In General
  Sec. 2. Constitutionality
  Sec. 3. Consideration in the House
        Research References
          U.S. Const. art. I, Sec. 7
          Manual Sec. Sec. 1130-1130(30)


  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, often 
  including expedited procedures. For example, the Alaska Natural Gas 
  Transportation Act of 1976 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 Sec. Sec. 719f, 
  719g; Manual Sec. 1130(18); 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, Sec. Sec. 602(c), 604; Manual 
  Sec. 1130(5). The House Rules and Manual carries a compilation of 
  current texts of congressional disapproval provisions that include 
  expedited procedures. Manual Sec. 1130


  Sec. 2 . Constitutionality

      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 Supreme Court declared in Immigration and Naturalization Service 
  v. Chadha (462 U.S. 919 (1983)) 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 signa

[[Page 364]]

  ture or veto. In an earlier decision, the 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 primary basis for its holding was that the 
  one-house veto violates article I, section 7 of the Constitution 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 F.2d 425 (D.C. 
  Cir. 1982), Affd, 463 U.S. 1216 (1983).
      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. 1130.


  Sec. 3 . Consideration in the House

      Many ``congressional disapproval'' statutes prescribe special 
  procedures for the House to follow when reviewing executive branch 
  actions. For a compilation of the relevant provisions of such 
  statutes, see Manual Sec. 1130. These procedures technically are rules 
  of the House, enacted expressly or implicitly 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. 1130.
      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 consid

[[Page 365]]

  eration 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 367]]

 
                    CHAPTER 15 - CONGRESSIONAL RECORD

                              HOUSE PRACTICE

  Sec. 1. In General; Control Over the Congressional Record
  Sec. 2. Matters Printed in the Congressional Record
  Sec. 3. Corrections; Deletions
  Sec. 4. Printing Errors
  Sec. 5. Extensions of Remarks; Insertions
        Research References
          5 Hinds Sec. Sec. 6958-7024
          8 Cannon Sec. Sec. 3459-3502
          Deschler Ch 5 Sec. Sec. 15-20
          Manual Sec. Sec. 685-692, 967, 968


  Sec. 1 . In General; Control Over the Congressional 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 Record began. 5 Hinds Sec. 6959.
      The Congressional Record is governed by statutory provisions and 
  rules as to its format and content. 44 USC Sec. Sec. 901-910. Control 
  over the arrangement and style of the Record, including maps, 
  diagrams, and illustrations, is vested in the Joint Committee on 
  Printing. 44 USC Sec. Sec. 901, 904. 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 
  Sec. Sec. 15.1, 15.2.
      The proceedings of the House and the proceedings of the Senate are 
  published in separate portions of the Congressional 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 Congressional Record. 
  For the text of these rules, see Manual Sec. 686. Under rule X clause 
  1(i), the Committee on House Administration has jurisdiction of 
  matters relating to printing and correction of the Record.

[[Page 368]]

      A Member is not entitled to inspect the reporter's notes of 
  remarks of others not reflecting on himself nor may he demand that 
  they be read. 5 Hinds Sec. Sec. 6964, 6967; 8 Cannon Sec. 3460.


  Sec. 2 . Matters Printed in the Congressional Record

                                 Generally

      The content of the House portion of the Congressional 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.
      Rule XVII clause 8 and section 901 of title 44 of the United 
  States Code require the Congressional Record to be a substantially 
  verbatim account of the proceedings of the House. Manual Sec. 967. 
  Clause 8 applies to statements and rulings of the Chair as well as to 
  debate. Manual Sec. 968. Because of this requirement, the Speaker will 
  not entertain a unanimous-consent request to give a special-order 
  speech ``off the Record.'' Manual Sec. 687.
      Additional matters required by statute or House rules to be 
  printed in the Congressional Record include:

    The oath of office subscribed to by a Member. 2 USC Sec. 25.
    Referrals to committee under rule XII clause 7. Manual 
         Sec. 825.
    The filing of committee reports. Manual Sec. 831.
    Reports submitted to Congress pursuant to a statute requiring 
         publication in the Record. See, e.g., 2 USC Sec. 1383.
    Amendments to be protected for debate time under the five-
         minute rule. Manual Sec. 987.
    Conference reports and accompanying statements. Manual 
         Sec. 1082.
    Messages received from the Senate and President giving notice 
         of bills passed or approved under rule XII clause 1. Manual 
         Sec. Sec. 815, 875.
    Motions to discharge. Manual Sec. 892.
    Timely changes in votes. Deschler Ch 5 Sec. 16.14.
    The addition or deletion of the name of a cosponsor. Manual 
         Sec. 825.
    Measures introduced ``by request.'' Manual Sec. 826.

      The Congressional 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 of business, that 
  function being fulfilled by the Journal. See Journal.
      As a general principle, the Speaker has no control over the 
  Congressional Record. 5 Hinds Sec. Sec. 6983, 7017. The House, and not 
  the Speaker, determines the extent to which a Member may be allowed to 
  extend his remarks (5 Hinds Sec. Sec. 6997-7000; 8 Cannon Sec. 3475), 
  whether or not a copy

[[Page 369]]

  righted 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).
      The House frequently agrees by unanimous consent to permit 
  insertions of matters of general interest in the Congressional Record 
  at the request of Members. Matters that have been 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. Deschler Ch 5 Sec. 16.
    Extraneous and tabular matter as the Majority and Minority 
         Leaders consider necessary to establish legislative history 
         concerning the codification of the standing rules. 106-1, Jan. 
         6, 1999, p ____.

                Printing Bills in the Congressional Record

      Measures considered in the House are printed in the Congressional 
  Record as introduced at the beginning of consideration. If an amended 
  version of the measure is made in order under the special order 
  providing for its consideration, that amended version is printed 
  immediately following the introduced version, unless further 
  amendments are made in order. In that case, the amended version is 
  printed after debate.
      Measures considered in the Committee of the Whole are printed in 
  the Congressional Record following general debate. The only version of 
  the measure printed is the one made in order as original text for the 
  purpose of amendment by the special order providing for its 
  consideration. The measure is printed as read by the Clerk. For 
  example, if under a special order the measure is considered as read, 
  it is printed in its entirety after general debate. If the measure is 
  read by title, each title is printed at the point the Clerk either 
  reads or designates it. No other version of the measure is printed in 
  the Record.
      Where the House considers a Senate measure following passage of a 
  similar House bill and amends it with the House-passed text, both the 
  Senate and the House version of the measure are printed in full at 
  that point in the Congressional Record, unless the Senate-passed 
  version has been previously printed Senate proceedings.

[[Page 370]]

  Sec. 3 . Corrections; Deletions

      Under rule XVII clause 8, the substantially verbatim account of 
  remarks made during debate and published in the Congressional Record 
  is subject only to technical, grammatical, and typographical 
  corrections authorized by the Member making the remarks involved. 
  Unparliamentary remarks may be deleted only by permission or order of 
  the House. Under rule XVII clause 8(c), this requirement is a standard 
  of official conduct that may be investigated by the Committee on 
  Standards of Official Conduct. Manual Sec. 967.
      The remarks of a Member, if in order, cannot be stricken from the 
  Congressional Record by the House. 5 Hinds Sec. 6974; 8 Cannon 
  Sec. 3498. However, remarks that are out of order may be excluded from 
  the Record by House order. Deschler Ch 5 Sec. 19.8. Remarks by an 
  interrupting Member who has not been recognized do not appear in the 
  Record. Manual Sec. Sec. 687, 946.
      The Committee of the Whole may not authorize deletions from the 
  Congressional Record. 5 Hinds Sec. 6986; Deschler Ch 5 Sec. 17.22.
      Substantive insertions submitted under leave to ``revise and 
  extend'' are printed in distinctive type. A speech that has been 
  substantively revised is printed as delivered and then separately 
  printed as revised in distinctive type. Manual Sec. 686.


  Sec. 4 . Printing Errors

                                 Generally

      The House may correct errors in the printing of the Congressional 
  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 Congressional Record may present 
  a question of the privileges of the House where the integrity of House 
  proceedings is in question. Manual Sec. Sec. 690, 704; Deschler Ch 5 
  Sec. Sec. 18.1, 18.2. 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 (Deschler Ch 5 Sec. 18.12).
      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 Congressional 
  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. A mere 
  typographical error or proper revision

[[Page 371]]

  of a Member's remarks does not give rise to a question of privilege. 
  Manual Sec. 690.

                          By Motion or Resolution

      A motion or resolution to correct the Congressional Record, if 
  constituting a question of privilege, is in order after the approval 
  of the Journal. Manual Sec. 690; Deschler Ch 5 Sec. 18.6. A motion or 
  resolution to correct the Record also is in order after a unanimous-
  consent request to that effect has been objected to. Deschler Ch 5 
  Sec. 18.9. Such motion or resolution is debatable under the hour rule 
  and is subject to a motion to refer to the Committee on Rules. 
  Deschler Ch 5 Sec. Sec. 18.7-18.10.


  Sec. 5 . Extensions of Remarks; Insertions

                                 Generally

      In 1968 the Appendix of the Congressional Record was replaced by a 
  new heading, ``Extensions of Remarks,'' for the inclusion of material 
  in the Record that is extraneous to the proceedings on the floor. 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 
  Sec. Sec. 6990-6993; Deschler Ch 5 Sec. 20. This has been a long-
  standing practice, 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 the modern practice, such insertions are 
  permitted by unanimous consent and not by privileged motion. Deschler 
  Ch 5 Sec. 20.11.
      Permission to include extraneous materials may be granted only by 
  the House. To eliminate the need for daily requests, the House has 
  recently adopted the practice of granting all Members permission to 
  revise and extend their remarks in the ``Extensions of Remarks'' 
  portion of the Congressional Record and include extraneous material 
  (within two Record) at the beginning of each Congress. See, e.g., 106-
  1, Jan. 6, 1999, p ____. The Chairman of the Committee of the Whole 
  may recognize a Member to extend his own remarks, but the Committee of 
  the Whole lacks the power to permit the inclusion of extraneous 
  materials. Deschler Ch 5 Sec. 20.12.
      Permission to extend in the body of the Congressional Record must 
  be sought by the Member whose remarks are to be inserted, although 
  general permission to extend is sometimes given to all Members. 
  Deschler Ch 5 Sec. 20.
      The revised material inserted under permission to extend remarks 
  must be clearly distinguishable, by different typeface, from the 
  substantially ver

[[Page 372]]

  batim account of proceedings. The Speaker has instructed the Official 
  Reporters of Debates to adhere strictly to this requirement. Manual 
  Sec. 687.

                                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. Deschler Ch 5 Sec. 20.4. The Speaker may decline 
  to entertain a request to extend remarks pending a motion to discharge 
  a committee or during the pendency of a motion to suspend the rules. 
  Deschler Ch 5 Sec. Sec. 20.7, 20.8.

                            Strict Construction

      Authorizations to extend remarks in the Congressional 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.
      The Chair will decline to entertain a request that a Member be 
  permitted to revise and extend his remarks on a point of order or to 
  insert, immediately following a record vote on an amendment, the 
  results of a previous record vote on the same subject. Manual 
  Sec. 628; 96-2, Jan. 30, 1980, p 1319.

                         Limitations on Insertions

      Under leave to extend, a Member may not insert matter that:

    Would be out of order if stated on the House floor. 5 Hinds 
         Sec. 7003; Deschler Ch 5 Sec. 20.
    Fails to comply with statute or the rules of the Joint 
         Committee on Printing as to format (44 USC Sec. 904), cost-
         estimate requirements for extraneous matter exceeding two 
         Congressional Record pages (Manual Sec. 692), or subject matter 
         (92-2, May 10, 1972, pp 16661, 16748-16836).
    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 Sec. Sec. 20.25, 20.26.
    Fails to include the Member's signature. Manual Sec. 686.
    Alters the nature of colloquies as delivered on the floor or 
         changes the meaning of what another Member said. Deschler Ch 5 
         Sec. Sec. 19.3, 19.17, 20.3.
    Inserts an entire colloquy between two or more Members that was 
         not actually delivered. Manual Sec. 692.

[[Page 373]]

    Includes newspaper articles or other extraneous matter without 
         having obtained authority to do so. Manual Sec. 692; 8 Cannon 
         Sec. Sec. 3480-3483.

                          Abuse of Leave to Print

      Abuse of the leave to print gives rise to a question of privilege. 
  5 Hinds Sec. Sec. 7008, 7011; 8 Cannon Sec. Sec. 3491, 3495. A 
  resolution to investigate the propriety of remarks as constituting 
  such abuse, or for the appointment of a committee to consider the 
  propriety of remarks inserted under leave to print, is privileged but 
  is not in order until the Congressional Record appears. 5 Hinds 
  Sec. Sec. 7020, 7021; 8 Cannon Sec. Sec. 3493, 3495. An inquiry by the 
  House as to alleged abuse of leave to print does not necessarily 
  entitle the Member implicated to recognition on a question of personal 
  privilege. 5 Hinds Sec. 7012. However, 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 Congressional 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 
  remarks alleged to be an abuse of leave to print is privileged and 
  entitles its proponent to recognition to debate it. 8 Cannon 
  Sec. Sec. 3475, 3479, 3491.
      The House may exclude in whole or in part an insertion by a Member 
  under leave to print in the Congressional Record that would not have 
  been in order if uttered on the floor. Manual Sec. 692.

                                   Form

      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 Congressional Record, to be confined to the 
    bill.
      Majority Leader: Mr. Speaker, I ask unanimous consent that for the 
    __________ Congress all Members be permitted to extend their remarks 
    and to include extraneous material within the permitted limit in 
    that section of the Congressional Record entitled ``Extensions of 
    Remarks.''


[[Page 375]]

 
                   CHAPTER 16 - CONSIDERATION AND DEBATE

                              HOUSE PRACTICE

              A. Introductory; Initiating Consideration and Debate

  Sec.  1. In General; In the House
  Sec.  2. Order of Consideration
  Sec.  3. Use of Special Orders of Business
  Sec.  4. Consideration Under Suspension of the Rules
  Sec.  5. Role of Calendars
  Sec.  6. Consideration by Unanimous Consent
  Sec.  7. In the Committee of the Whole
  Sec.  8. In the House as in the 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; Closing General Debate
  Sec. 12. Management by Committee; Closing Controlled Debate on an 
  Amendment
  Sec. 13. Designation of Member Who May Call Up a Measure
  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 the 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

[[Page 376]]

  Sec. 26. Procedure; Calls to Order
  Sec. 27. -- Procedure in the Committee of the Whole
  Sec. 28. -- Taking Down Words
  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, Creed, or 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, 20-minute, and 40-minute Debate
  Sec. 47. Debate in the House as in the Committee of the Whole
  Sec. 48. Limiting or Extending Time for Debate
  Sec. 49. Terminating Debate
  Sec. 50. One-minute and Special-order Speeches; Morning-hour Debates

              G. Duration of Debate in the Committee of the Whole

  Sec. 51. In General; Effect of Special Rules
  Sec. 52. General Debate
  Sec. 53. Limiting General Debate
  Sec. 54. Five-minute Debate
  Sec. 55. -- Limiting or Extending Five-minute Debate-- By House Action

[[Page 377]]

  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
  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 Sec. Sec. 4978-5299
          8 Cannon Sec. Sec. 2448-2608
          Deschler-Brown Ch 29
          Manual Sec. Sec. 359, 364, 369-371, 465, 622, 891, 945-969, 
            978-981, 987, 994-999


           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, the nature and precedence 
  of the proposal, and agreements reached by the leadership and 
  membership on the method of consideration. The House may reject a 
  proposal to consider a matter by voting solely on the question of 
  consideration. See Question of Consideration.
      There are four common procedures under which measures may be 
  called up for consideration: (1) special rules reported from the 
  Committee on Rules; (2) motions to suspend the rules; (3) unanimous-
  consent agreements; and (4) standing rules for certain measures 
  reported as privileged under rule XIII clause 5. Manual Sec. Sec. 853-
  868. However, nonprivileged matter contained in a measure reported 
  under rule XIII clause 5 destroys the

[[Page 378]]

  privilege of the measure; and consideration must depend on one of the 
  three remaining procedures. Manual Sec. Sec. 854, 855.
      House rules expressly preclude introduction or consideration of 
  certain commemoration bills (rule XII clause 5), as well as 
  consideration of certain private bills (rule XII clause 4) and 
  measures carrying a retroactive Federal income tax rate increase (rule 
  XXI clause 5(c)).
      Generally, questions are not considered on the floor unless 
  reported or discharged from House committees, although rule IX and 
  practices of the House permit the immediate consideration of 
  introduced bills under certain circumstances. Sec. Sec. 3, 4, 6 infra. 
  Certain time periods or ``layover'' requirements may be a condition 
  precedent to consideration in the House after a committee has 
  reported. See Committees. For recognition by the Chair to call up 
  measures under the various procedures, 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 debatable motion 
  has been offered and stated by the Chair or read by the Clerk. 5 Hinds 
  Sec. Sec. 4982-4985, 5304. However, debate may be initiated without 
  motion:

     Under a reservation of the right to object to a unanimous-
         consent request. 4 Hinds Sec. 3058.
     When questions of personal privilege are raised. 3 Hinds 
         Sec. 2546.
     When conference reports are considered, the question on 
         agreeing being regarded as pending. Manual Sec. 550; 5 Hinds 
         Sec. 6517.
     When the Committee of the Whole reports its recommendation to 
         the House, unless the previous question is ordered. 4 Hinds 
         Sec. 4896.
     When personal explanations are made by unanimous consent. 5 
         Hinds Sec. 5064.
     When special rules providing for consideration of a measure 
         have been adopted. Manual Sec. Sec. 734, 972.
     When a measure on a special calendar or on a special day has 
         been called up. Rule XV.

  Sec. 2 . Order of Consideration

      The ``daily order of business'' is set forth in rule XIV, which 
  specifies the sequence in which certain matters are to be taken up. 
  Manual Sec. 869. The order of consideration may be varied by 
  unanimous-consent agreements or by special orders reported from the 
  Committee on Rules and adopted by the

[[Page 379]]

  House. See Sec. Sec. 3, 6, infra; generally, see also Order of 
  Business; Privileged Business; and Special Orders of Business. Indeed, 
  the preface to rule XIV clause 1 establishes a daily order of business 
  ``unless varied by the application of other rules and except for the 
  disposition of matters of higher precedence.''
      Among the privileged matters that may affect the order of 
  consideration are: (1) general appropriation bills under rule XIII 
  clause 5; (2) conference reports under rule XXII clause 7(a); (3) 
  special orders reported by the Committee on Rules under rule XIII 
  clause 5; and (4) questions of privilege under rule IX. Manual 
  Sec. Sec. 698, 871; see also 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. Manual 
  Sec. 885; see also Sec. Sec. 4, 5, infra.


  Sec. 3 . Use of Special Orders of Business

      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. Although the general effect of the adoption of a resolution 
  making in order the consideration of a bill is to give the bill a 
  privileged status, the adoption of the resolution does not make the 
  consideration mandatory unless so stated in the resolution. Deschler 
  Ch 21 Sec. 16. For example, the resolution may: (1) provide that ``the 
  House shall immediately consider'' the bill; (2) permit the Speaker to 
  declare the House resolved into the Committee of the Whole for the 
  consideration of the bill (see rule XVIII clause 2); or (3) provide 
  for consideration at some specified time in the order of business. If 
  the special rule authorizes a specified Member to call up a bill 
  (either directly or indirectly, such as ``it shall be in order to 
  consider''), the consideration of the bill must await the initiative 
  of that Member. See Deschler Ch 21 Sec. 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. Deschler Ch 21 
  Sec. Sec. 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 or a conference 
  report. Deschler Ch 21 Sec. Sec. 20.5-20.15. A special rule may be 
  limited in scope, as where it provides only for initial consideration 
  of a measure, provides for general debate, and precludes further 
  consideration absent a second special rule. See, e.g., 105-2, H. Res. 
  435, May 19, 1998, p ____.

[[Page 380]]

      The resolution may waive one or more House rules that impede the 
  consideration of the bill or amendment thereto. 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 
  Sec. Sec. 16.9-16.14. Generally, see Special Orders of Business. 
  However, section 426 of the Unfunded Mandates Reform Act of 1995 
  permits a point of order against consideration of a rule that waives 
  points of order against a measure for violating that Act (subject to a 
  separate vote on the question of consideration). Manual Sec. 1127.


  Sec. 4 . Consideration Under Suspension of the Rules

      A privileged motion to suspend the rules may be used to bring a 
  matter before the House under rule XV clause 1. Manual Sec. Sec. 885, 
  887; 5 Hinds Sec. Sec. 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. For examples of proposals 
  for which the motion may be used, see Suspension of Rules. However, 
  the motion is in order only on Mondays and Tuesdays of each week and 
  on the last six days of a session 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 for 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

      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, (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. Sec. 828, 829, 898. In addition, the 
  House maintains a Calendar of Motions to Discharge Committees. Manual 
  Sec. Sec. 830, 892. For a discussion of the various calendars and 
  consideration of measures under the Corrections Calendar, see 
  Calendars.

[[Page 381]]

  Sec. 6 . Consideration by Unanimous Consent

      The House, pursuant to a unanimous-consent agreement, sometimes 
  permits the consideration of a measure that is not otherwise in order 
  under the rules, for example, one not yet introduced. Manual 
  Sec. Sec. 381, 872, 956; 4 Hinds Sec. 3058. For a discussion of 
  consideration by unanimous consent (including the Speaker's guidelines 
  requiring approval by floor and committee leaderships before 
  recognition), see Unanimous-Consent Agreements.


  Sec. 7 . In Committee of the Whole

      Certain legislative measures are referred to the Union Calendar by 
  the Speaker for subsequent consideration in the Committee of the 
  Whole. Their consideration therein is governed by special rules, 
  orders of the House, or the standing rules applicable to the 
  Committee. See rule XVIII; 4 Hinds Sec. Sec. 3214, 4705, 4822; 
  Deschler Ch 19 Sec. Sec. 1, 4.
      For comprehensive discussion of consideration of measures in 
  Committee of the Whole, see Committees of the Whole.


  Sec. 8 . In the House as in the Committee of the Whole

      Bills and other measures sometimes are taken up by the House when 
  it sits ``as in'' the Committee of the Whole. Manual Sec. 427. This 
  practice permits consideration of a measure under the five-minute rule 
  rather than the hour rule, but without general debate. 4 Hinds 
  Sec. 4924; Manual Sec. 424. For a discussion of consideration of 
  measures in the House as in the Committee of the Whole, see Committees 
  of the Whole.


  Sec. 9 . Limitations on Debate; Nondebatable Matters

                        Generally; Time Limitations

      Debate is subject to many limitations under the rules and 
  precedents of the House. Most of the limitations imposed by House rule 
  concern the duration of time allowed for the debate of a particular 
  proposition. These include, for example, the hour rule (Manual 
  Sec. 957), the 40-minute rule (Manual Sec. Sec. 891, 995), the 20-
  minute rule (Manual Sec. 892), the ten-minute rule (Manual Sec. 987), 
  the five-minute rule (Manual Sec. 978), 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. 950). For a more detailed discussion of these time limitations, 
  see Sec. Sec. 44-50, infra.
      Most of these are rules of general applicability. In addition, the 
  House may adopt a special rule from the Committee on Rules that places 
  a different limit on the duration of debate on a particular 
  legislative proposal.

[[Page 382]]

   This practice enables the House, by majority vote, to specify time 
  for, and control of, 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 considered in the House is 
  debated under the hour rule. Sec. Sec. 44, 45, infra. However, the 
  various motions that may apply to a proposition often carry their own 
  time limitations for debate and, in some instances, preclude debate 
  entirely.

                       Matters Not Subject to Debate

      The relevant standing rule and the precedents must be consulted in 
  order to determine whether debate on a motion or question is 
  precluded. Following are examples of questions that are not subject to 
  debate:

     A motion that the Journal be read in full. Manual Sec. 621.
     A motion for the previous question. Deschler Ch 23 Sec. 21.
     A motion to go into the Committee of the Whole. 4 Hinds 
         Sec. Sec. 3062, 3078; 6 Cannon Sec. 716.
     A motion that the Committee of the Whole rise and report. 4 
         Hinds Sec. Sec. 4766, 4782; Deschler Ch 19 Sec. 22.4.
     A motion for a call of the House or incidental to a call of 
         the House. Manual Sec. 1024; 6 Cannon Sec. Sec. 683, 688.
     A resolution authorizing the Sergeant-at-Arms to arrest 
         absentees. 6 Cannon Sec. 686.
     A motion that the Speaker be authorized to declare a recess or 
         that when the House adjourns it stand adjourned to a day and 
         time certain. Rule XVI; Manual Sec. 913.
     A resolution providing for a sine die adjournment or for 
         adjournment to a day certain. Manual Sec. 84.
     A motion to adjourn. Manual Sec. 911.
     A motion to lay on the table. 6 Cannon Sec. 415; 8 Cannon 
         Sec. 2465.
     A motion to reconsider an undebatable proposition. 5 Hinds 
         Sec. Sec. 5694-5699.
     A motion to close general debate or to limit five-minute 
         debate. Manual Sec. 979; 5 Hinds Sec. 5203.
     A motion to strike unparliamentary language from the 
         Congressional Record. 6 Cannon Sec. 617.
     An incidental question of order after a demand for the 
         previous question. Manual Sec. 1000.
     An incidental question of order arising during a division. 5 
         Hinds Sec. 5926.
     A motion that the Committee of the Whole take up a bill out of 
         calendar order. 8 Cannon Sec. Sec. 2331, 2333.
     A motion for a change of reference of a bill. Manual Sec. 825.
     A question of consideration. Manual Sec. 906.
     A question relating to the priority of business. Manual 
         Sec. 884.
     An appeal from a decision of the Chair on the priority of 
         business. 5 Hinds Sec. 6952; Manual Sec. 884.

[[Page 383]]

     An appeal from a decision of the Chair on relevancy. 5 Hinds 
         Sec. Sec. 5056-5063.
     An appeal from a decision of the Chair on the dilatoriness of 
         a motion. 5 Hinds Sec. 5731.
     An amendment to the title of a bill. Manual Sec. 922; 8 Cannon 
         Sec. 2907.


              B. Control and Distribution of Time for Debate


  Sec. 10 . In General; Role of Manager

      Under long-standing practice, and as usually provided by special 
  rules, one or more designated Members manage a bill during its 
  consideration. Such managers are normally the chairman and ranking 
  minority member of a committee reporting the measure. Sec. 14, infra.
      The majority manager of a measure 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 to recommit is offered by an 
  opponent of the bill. See Recognition. If the bill is to be taken up 
  in the House under the standing rules, the manager calling it up is 
  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 time 
  to another. 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 under a special rule 
  or unanimous-consent agreement. General debate therein typically is 
  controlled and divided by the majority and minority managers. The 
  majority manager has the right to close general debate. Manual 
  Sec. 959. When the bill is read for amendment in the Committee, the 
  managers have the prior right to recognition, whether to offer an 
  amendment or oppose an amendment or to move to close or to limit 
  debate or to move that the Committee rise. Similarly, if the bill is 
  taken up in the House as in the Committee of the Whole, priority in 
  recognition is extended during debate to members in charge of the bill 
  from the reporting committee. See Recognition.
      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 
  XIII clause 2(b). 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

[[Page 384]]

  seniority, have priority in recognition at all stages of 
  consideration. See Recognition. When a chairman is opposed to a bill 
  (although rare), the responsibility for managing the bill may be 
  delegated to the ranking majority member of the committee. Deschler-
  Brown Ch 29 Sec. 26.7. Such delegation of control is ineffective where 
  challenged unless communicated to the Chair. Deschler-Brown Ch 29 
  Sec. 26.30. The chairman also may relinquish control where the 
  Committee of the Whole has adopted amendments to the bill to which he 
  is opposed. Deschler-Brown Ch 29 Sec. 26.8.
      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 to control part of the available time and to move the 
  previous question. Deschler-Brown Ch 29 Sec. 26.10.
      For further discussion on control of debate by managers, see also 
  Sec. 12, infra.


  Sec. 11 . Distribution and Alternation; Closing General Debate

      The distribution of available time for debate, and the alternation 
  of time between majority and minority members, is governed by 
  principles of comity and by House tradition, as well as by standing 
  rules of the House and by special rules. Manual Sec. 955. A division 
  of time for debate on certain motions may be required, and a Member 
  opposed may claim a priority to control a portion of the time. For 
  example, rule XV clause 1(c) requires a division of time for debate on 
  a motion to suspend the rules between those in favor and those 
  opposed. Manual Sec. 891. Under rule XXII, one-third of the time may 
  be claimed by a Member opposed to conference reports, motions to 
  instruct conferees, and amendments reported from conference in 
  disagreement, where both the majority and minority managers support 
  the proposition.
      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 time for 
  general debate equally between the chairman and ranking minority 
  member of the committees reporting the measure. 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.
      A majority manager of the bill who represents the primary 
  committee of jurisdiction is entitled to close general debate, as 
  against another manager representing an additional committee of 
  jurisdiction. Where an order of the House divides debate on an 
  unreported measure among four Members, the

[[Page 385]]

  Chair will recognize for closing speeches in the reverse order of the 
  original allocation. Similarly, where general debate on an adversely 
  reported measure is controlled by two Members allocated time under a 
  previous order of the House and by two other Members deriving 
  subdivisions of that time under a later order by unanimous consent, 
  the Chair may recognize for closing speeches in the reverse order of 
  the original allocation, concluding with the Member who opened the 
  debate. Where a Member derives time for debate from the manager of a 
  measure by unanimous consent, that Member also derives the right to 
  close debate thereon. Where a member of the minority is recognized 
  under a special order to call up a Senate concurrent resolution from 
  the Speaker's desk, he is recognized to open and close debate thereon. 
  Manual Sec. 959.


  Sec. 12 . Management by Committee; Closing Controlled Debate on an 
            Amendment

      Special orders providing ``modified rules'' governing the 
  amendment process commonly limit and divide control of debate between 
  a proponent and an opponent of the amendment. Deschler-Brown Ch 29 
  Sec. 28. Similarly, the Committee of the Whole may by unanimous 
  consent also limit and divide control of debate between a proponent 
  and a Member in opposition. Deschler-Brown Ch 29 Sec. 27.3. Under rule 
  XVII clause 3(c), the manager of a bill or other representative of the 
  committee position--and not the proponent of an amendment--has the 
  right to close debate on an amendment where debate has been so limited 
  and allocated without regard to the party affiliation of the 
  proponent. Manual Sec. 959. Clause 3(c) is an exception to the rule 
  set forth in rule XVII clause 3(a), which otherwise provides that the 
  mover, proposer, or introducer of the pending matter has the right to 
  open and close debate. The exceptional treatment of the right to close 
  debate on an amendment elevates the manager's prerogative over the 
  proponent's burden of persuasion. This is so even when the majority 
  manager offers an amendment that has not been recommended by the 
  committee. In that case, a member of the committee in opposition to 
  such amendment has the right to close. 107-2, July 25, 2002, p ____.
      Clause (3)(c) applies to the manager of an unreported measure, 
  even where the rule providing for the consideration of the unreported 
  measure designates managers who do not serve on a committee of 
  jurisdiction. It also applies to a measure reported by the committee 
  without recommendation. The minority manager may claim the right to 
  close debate under clause 3(c), as may a member of a committee of 
  sequential referral to close debate against an amendment to a 
  provision recommended by that committee. Man

[[Page 386]]

  ual Sec. 959. However, the proponent of an amendment has the right to 
  close where a manager does not oppose the amendment but claims the 
  time in opposition by unanimous consent. Manual Sec. 959.
      For further discussion on control of debate by managers, see 
  Sec. 10, supra.


  Sec. 13 . Designation of Member Who May Call Up a Measure

      The committee reporting a measure occasionally designates the 
  Member who may call up a measure for consideration, in which case the 
  Chair may recognize only that Member. Deschler-Brown Ch 29 
  Sec. Sec. 27.1, 27.2. A special rule also may designate the Member. 
  Sec. 14, infra. If a Member has not been specifically designated, the 
  Chair may in his discretion recognize a committee member to call up a 
  measure. 91-1, Dec. 23, 1969, p 40982.


  Sec. 14 . Effect of Special Rules

                                 Generally

      The designation of certain Members to control debate on a measure 
  is frequently provided by special rule from the Committee on Rules. 
  Typically the Committee on Rules will draft a special rule providing 
  that debate be equally divided and controlled by the chairman and 
  ranking minority member of the reporting committee or committees. 
  Deschler-Brown Ch 29 Sec. 28. That control can be delegated to a 
  designee.

                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. 
  Deschler-Brown Ch 29 Sec. 28.13. The special rule may provide that 
  debate be controlled by the chairmen and ranking minority members of 
  the several committees reporting a bill, sometimes with the secondary 
  committees controlling a lesser amount of time. Deschler-Brown Ch 29 
  Sec. 28.16. Debate also may 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 before recognizing the other, or may rotate among the four 
  managers. Deschler-Brown Ch 29 Sec. 28.18.
      If the rule divides control of debate among a primary reporting 
  committee and several sequentially reporting committees in a 
  designated order,

[[Page 387]]

  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. Deschler-Brown Ch 29 Sec. 28.16. 
  When the Chair has announced his intention to permit the primary 
  committee to so reserve a portion of its time, the sequential 
  committees are required to use all of their time before the closing 
  debate by the primary committee. 99-1, Dec. 5, 1985, pp 34638, 34644. 
  A majority manager of the bill who represents the primary committee of 
  jurisdiction is entitled to close general debate (as against another 
  manager representing an additional committee of jurisdiction). Manual 
  Sec. 959.

      Division of Time Between a Member in Favor and a Member Opposed

      In the event that a specified amount of time for debate is equally 
  divided and controlled 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. 99-2, Aug. 11, 1986, pp 20678, 
  20679. Pro forma amendments are not permitted where second degree 
  amendments are prohibited unless so specified. 99-2, Aug. 14, 1986, p 
  21655. Time for debate on the amendment having been divided between 
  the proponent and an opponent, the Chair may in his discretion 
  recognize the manager of the bill in opposition, there being no 
  requirement for recognition of the minority party. Indeed, the Chair 
  ordinarily recognizes the chairman of the committee managing the bill 
  if he qualifies as opposed to the amendment. Manual Sec. 959; Sec. 10, 
  supra.
      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.

[[Page 388]]

  Sec. 15 . Yielding Time-- For Debate

                         In General; Who May Yield

      In an earlier era, a Member could not yield time for debate 
  without losing his right to reoccupy the floor. A Member could not 
  yield the floor unless he yielded it unconditionally. 5 Hinds 
  Sec. Sec. 5023, 5026. That practice began to change with the adoption 
  of the hour rule for debate in 1841. 5 Hinds Sec. 5021.
      Under current practice, a Member controlling the time during 
  debate may yield blocks of 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 debate is 
  discretionary with the Members who have control thereof. Deschler-
  Brown Ch 29 Sec. Sec. 31.1, 31.2. A Member may not yield for purposes 
  of debate where he has risen merely to make or reserve a point of 
  order. Deschler-Brown Ch 31 Sec. 7.5.
      A Member who seeks yielded time should address the Chair and 
  request the permission of the Member speaking. Deschler-Brown Ch 29 
  Sec. 42. Where a Member interrupts another Member during debate 
  without being yielded to, the time consumed by his remarks are not 
  charged against the time for debate of the Member controlling the 
  floor and the remarks are not carried in the Congressional Record. 
  Manual Sec. 946. A Member may yield to another for a parliamentary 
  inquiry, but the time consumed by the inquiry and the response of the 
  Chair comes out of the time of the Member yielding. Deschler-Brown Ch 
  29 Sec. 29.5.
      The time used by yielding is ordinarily charged against the 
  yielding Member. Deschler-Brown Ch 29 Sec. 29.5. Unused time reverts 
  to the yielding Member. Deschler-Brown Ch 29 Sec. 31.36.
      Rule XVIII clause 3(b), which prohibits a Member who is not a 
  manager from speaking more than once on a question, often is 
  superseded in modern practice by special orders of business that vest 
  control of debate in designated Members and permit them to yield more 
  than once to other Members. Manual Sec. 959.

                               In the House

      The Member in control of debate in the House under the hour rule 
  may in his discretion yield for debate. Deschler-Brown Ch 29 Sec. 29. 
  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. Deschler-
  Brown Ch 29 Sec. 29.15. Of course, the yielding of time must be 
  consistent with any division of time

[[Page 389]]

  that is required by House rule or a special rule from the Committee on 
  Rules.

                       In the 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. Deschler-Brown Ch 29 Sec. 31.24.
      During five-minute debate Members may yield, as for a question or 
  comment, but may not yield blocks of time. 5 Hinds Sec. Sec. 5035-
  5037. A Member yielding to a colleague during debate under the five-
  minute rule should remain standing to protect his right to the floor. 
  Deschler-Brown Ch 29 Sec. 29.8. If a Member uses only part of his 
  time, his five-minute period is treated as exhausted, as it cannot be 
  reserved, and another Member cannot claim recognition for the unused 
  time. 8 Cannon Sec. 2571. However, 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. 980.

                  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. Although the minority member of the Committee on 
  Rules to whom one-half of the time for debate 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. Deschler-Brown Ch 29 Sec. 31.23. 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. Deschler-Brown Ch 
  29 Sec. 15.20.

                     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, except by unanimous consent. Deschler-Brown Ch 29 
  Sec. 31.21. A similar rule is followed in the Committee of the Whole. 
  Deschler-Brown Ch 29 Sec. 31.24.

[[Page 390]]

      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. 
  Deschler-Brown Ch 29 Sec. 31.19.


  Sec. 16 . -- Yielding for Amendment

                                In General

      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. Deschler-Brown Ch 29 Sec. Sec. 30.1, 
  30.4. A Member may not offer an amendment in time secured for debate 
  only or request unanimous consent to offer an amendment unless yielded 
  to for that purpose by the Member controlling the floor. Manual 
  Sec. 946; 8 Cannon Sec. 2474; Deschler-Brown Ch 29 Sec. 30.6.
      A Member to whom time is yielded for the purpose of offering an 
  amendment in the House is recognized in his own right to discuss the 
  amendment for one hour and may himself yield time. 8 Cannon 
  Sec. Sec. 2471, 2478; Deschler-Brown Ch 29 Sec. 30.11.

                    Loss of Control by Yielding Member

      A Member may not yield to another Member to offer an amendment 
  without losing the floor. 5 Hinds Sec. Sec. 5021, 5030, 5031; 8 Cannon 
  Sec. 2476; Manual Sec. 946. 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. Manual Sec. 997. The 
  previous question takes precedence over an amendment. Rule XVI clause 
  4; Manual Sec. 911. If the Member calling up a measure offers an 
  amendment and then yields to another Member to offer an amendment to 
  his amendment, the first Member loses the floor and the Member yielded 
  to is recognized for one hour and may move the previous question on 
  the amendments and on the measure itself. Deschler-Brown Ch 29 
  Sec. 33.9.

                        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. Manual Sec. 946. 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. Deschler-Brown Ch 29 
  Sec. 19.25.

[[Page 391]]

      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. Manual Sec. 981.


  Sec. 17 . Interruptions; Losing or Surrendering Control

                                In General

      With few exceptions, a Member may interrupt another Member in 
  debate only if yielded to. A Member desiring to interrupt another in 
  debate should address the Chair to obtain the permission of the Member 
  speaking. The Member speaking may then exercise his own discretion 
  about 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. Deschler-Brown Ch 29 Sec. 42.14; 
  Manual Sec. 946.
      A Member in control of time for debate in the House may 
  voluntarily surrender the floor by simply so stating or by withdrawing 
  the measure he is managing. A Member recognized under the hour rule 
  may yield the floor upon expiration of his hour without moving the 
  previous question, thereby permitting another Member to be recognized 
  for a successive hour. Manual Sec. 957. A Member also may lose the 
  floor if he is ruled out of order for disorderly language. Deschler-
  Brown Ch 29 Sec. 33. Finally, 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 be interrupted by a point of order or by the 
  presentation of certain privileged matter, such as a conference 
  report. 5 Hinds Sec. 6451; 8 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. 946.
      Although 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 Sec. Sec. 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

      An interruption for a parliamentary inquiry is not in order unless 
  the Member having the floor yields for that purpose. Manual Sec. 628; 
  8 Cannon Sec. Sec. 2455-2458. If a Member does yield for that purpose, 
  he will not lose control of the floor because he retains the right to 
  resume. Thus, a Member

[[Page 392]]

  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. The time consumed 
  to state and answer the inquiry is deducted from his time for debate. 
  94-1, Sept. 25, 1975, p 30196. When the Member holding the floor 
  during general debate yields solely for a parliamentary inquiry, the 
  time continues to run against him. Deschler-Brown Ch 31 Sec. 15.6. 
  However, when the Chair entertains a parliamentary inquiry before the 
  Member managing the pending measure in the House has been recognized 
  for debate, or between recognitions, the time consumed by the inquiry 
  does not come out of his time. Deschler-Brown Ch 31 Sec. 15.8.


                          C. Relevancy in Debate


  Sec. 18 . In General; In the House

      A Member addressing the House must confine himself ``to the 
  question under debate. . . .'' Rule XVII clause 1; Manual Sec. 945. 
  The rule, which was adopted in 1811, enables the House to expedite 
  proceedings when a specific proposition is before it for action. 
  Manual Sec. 945; 5 Hinds Sec. Sec. 4979, 5043-5048; 8 Cannon 
  Sec. 2481. 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.
      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. 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 32354-57; 104-2, Mar. 
  12, 1996, p 4447-51). On a motion to suspend the rules, debate is 
  confined to the object of the motion and may not range to the merits 
  of a bill not scheduled for such consideration. Manual Sec. 948.
      It was the custom of 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. Manual Sec. 948.

[[Page 393]]

      Under modern practice Speakers have applied the rule of relevancy 
  with more tolerance and latitude than under the earlier practice. 
  Deschler-Brown Ch 29 Sec. 35. A Member is sometimes permitted to 
  discuss matters other than the pending measure by unanimous consent. 
  Deschler-Brown Ch 29 Sec. 35. 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 
  Sec. Sec. 5044-5048) and to maintain an ongoing ``nexus'' between the 
  pending bill and any broader policy issues (Manual Sec. 948).
      The relevancy requirement of rule XVII is applicable to floor 
  debate on pending propositions. It is not normally applicable to a 
  Member making a one-minute or special-order speech. See Sec. 50, 
  infra. However, if a unanimous-consent request for a Member to address 
  the House for one hour specifies the subject of the address, the Chair 
  may enforce the rule of relevancy in debate by requiring that the 
  remarks be confined to the subject so specified. Manual Sec. 948.
      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. Debate should not extend to the merits of 
  a bill that is not to be considered under the special order. Manual 
  Sec. 948.
      Debate on a question of personal privilege must be confined to the 
  statements or issue that gave rise to the question of privilege (5 
  Hinds Sec. Sec. 5075-5077; 6 Cannon Sec. Sec. 576, 608; 8 Cannon 
  Sec. Sec. 2448, 2481; Deschler-Brown Ch 29 Sec. 36). 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 who 
  is not the subject of a committee report. Debate on a resolution 
  electing a Member to committee should not extend to that committee's 
  agenda. Manual Sec. 948.


  Sec. 19 . In the Committee of the Whole-- General Debate

      In the Committee of the Whole, during the general debate that 
  precedes the reading of the bill for amendment under the five-minute 
  rule, a Member is allowed great freedom and latitude in debate. 5 
  Hinds Sec. Sec. 5234-5238. ``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 Sec. Sec. 5233-5238; 8 Cannon Sec. 2590; Deschler-
  Brown Ch 29 Sec. 37. If the bill is being considered under the terms 
  of a spe

[[Page 394]]

  cial rule that requires that debate be confined to the bill, a Member 
  may exceed those bounds only by unanimous consent. Deschler-Brown Ch 
  29 Sec. 37.3.


  Sec. 20 . -- Under the Five-Minute Rule

      The scope of debate under the five-minute rule is more narrowly 
  confined than is the scope of general debate. Manual Sec. 948; 5 Hinds 
  Sec. Sec. 5240-5256; 8 Cannon Sec. 2591. Debate on a pending amendment 
  must be confined to the subject of the amendment and its relation to 
  the bill. Deschler-Brown Ch 29 Sec. Sec. 38.5, 38.11. This is due in 
  part to the language of rule XVIII clause 5, which states that a 
  Member is to be allowed five minutes ``to explain'' an offered 
  amendment. Manual Sec. 978. 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. Nevertheless, the 
  Chair may accord Members latitude to put their amendment in context, 
  such as permitting debate on a series of amendments in the nature of a 
  substitute to a concurrent resolution on the budget to include 
  amendments not yet offered. 106-1, Mar. 25, 1999, p ____.
      Relevancy in debate may be enforced even if a Member is attempting 
  to respond to previous extraneous remarks in debate against which no 
  point of order was raised. Deschler-Brown Ch 29 Sec. 38.13. However, a 
  Member may speak to another subject by unanimous consent. This is 
  permitted even where the Committee of the Whole is proceeding pursuant 
  to the provisions of a special rule permitting only designated 
  amendments to be offered. Deschler-Brown Ch 29 Sec. 38.17. Where a 
  general provisions title is pending, debate may relate to any subject 
  covered by the bill. Manual Sec. 948.


                           D. Disorder in Debate


  Sec. 21 . In General

                                 Generally

      Among the oldest rules of the House are those that authorize the 
  Speaker to maintain order and decorum in the House (rule I clause 2) 
  and to call a Member to order where he has transgressed the rules of 
  the House ``in speaking or otherwise'' (rule XVII clause 4). 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

[[Page 395]]

  decorum and courtesy in debate, as set forth in rule XVII and by 
  related provisions in Jefferson's Manual. Manual Sec. Sec. 353-379, 
  945-962.
      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 31009.
      A Member may be called to order by another Member's timely demand 
  that the words used be taken down and read aloud at the Clerk's desk. 
  The Speaker then rules whether the words or actions of the Member are 
  disorderly. Whether an offending Member is to be allowed to proceed in 
  order or is to be disciplined is determined by the House. Sec. 26, 
  infra.

                              Disorderly Acts

      Decorum or comportment in the conduct and behavior of Members on 
  the floor of the House is governed in part by rule XVII clause 5. 
  Manual Sec. 962. 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 a wireless phone or personal computer.
     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. Deschler-Brown Ch 29 Sec. 41.2.
      Demonstrations of approval or disapproval, such as applause, are 
  not a part of the proceedings of the House. Deschler-Brown Ch 29 
  Sec. 41.8. While a Member has the floor, he may not request Members to 
  conduct a straw vote, such as showing hands or rising in support of a 
  certain measure. Deschler-Brown Ch 29 Sec. 41.10.
      The Chair may entertain a demand to clear the well in the event of 
  disorder therein. 88-1, Dec. 9, 1963, p 23831. Under rule II clause 3, 
  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. Manual Sec. 656; 1 Hinds Sec. 257. On one 
  occasion the Speaker requested the Sergeant-at-Arms to assist him in 
  maintaining decorum disrupted by a former Member. Manual Sec. 622. 
  Former Members may be banned from the floor for indecorous behavior as 
  a matter of privilege. Manual Sec. 680.
      Acts of physical violence by one Member or between two Members 
  during or after heated debate have occurred. 2 Hinds Sec. Sec. 1642-
  1644, 1655,

[[Page 396]]

  1656. Assaults or affrays in the Committee of the Whole are dealt with 
  by the House. 2 Hinds Sec. Sec. 1648-1651.

                                  Attire

      The Speaker has announced as proper the customary traditional 
  attire for Members while in attendance in the House Chamber, including 
  a coat and tie for male Members and appropriate attire for female 
  Members. 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, requiring Members to wear proper attire as determined by 
  the Speaker, and denying noncomplying Members the privilege of the 
  floor. Manual Sec. 622.

                        Exhibits and Charts; Badges

      Under rule XVII clause 6, the Chair, in his discretion, may submit 
  to the House the question of the use of an exhibit, such as a chart, 
  during debate. In addition, the Speaker's responsibility to preserve 
  decorum requires that he disallow the use of an exhibit in debate that 
  would be demeaning to the House or that would be disruptive of its 
  proceedings. Manual Sec. Sec. 622, 963; see Sec. 62, 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 rule XVII clause 1. Manual 
  Sec. 945.

                          Speaker's Announcements

      On the opening day of recent Congresses, the Speaker has stressed 
  the importance of various rules of decorum in the House. He has 
  prefaced his customary 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.'' 107-1, Jan. 
  3, 2001, p ____.

[[Page 397]]

  Sec. 22 . Disorderly Language

      Members have been censured or otherwise disciplined for the use of 
  disorderly words in debate, whether the words were uttered in the 
  House or the Committee of the Whole. Manual Sec. 960; 2 Hinds 
  Sec. Sec. 1254, 1259, 1305; 6 Cannon Sec. 236. A Member may likewise 
  be disciplined for the insertion of disorderly words in the 
  Congressional Record. 6 Cannon Sec. 236. Members have been cautioned 
  against the use of vulgarity or profanity in debate. Manual Sec. 945. 
  The Chair may call to order a Member engaging in or tending toward 
  personalities in debate or for a verbal outburst following expiration 
  of his time for debate. Manual Sec. Sec. 361, 622. For a discussion of 
  critical references to Members, see Sec. 37, infra.
      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, whereas ``damnable'' has been permitted. Deschler-Brown 
  Ch 29 Sec. 43.


  Sec. 23 . -- References to Senate

                                 Generally

      A well-established rule of comity prohibits certain references in 
  debate to the Senate or to individual Senators. Rule XVII clause 1; 
  Manual Sec. 945. This principle, first enunciated in Jefferson's 
  Manual, was strictly applied in the House for many years. Manual 
  Sec. 371; 5 Hinds Sec. 5095; 8 Cannon Sec. 2501. However, the rule was 
  modified in 1987 and again in 1989 to provide for certain references 
  to the Senate as follows:

        (b)(2)(A) Except as provided in subdivision (B), debate may not 
    include characterizations of Senate action or inaction, references 
    to individual Members of the Senate, or quotations from Senate 
    proceedings.
        (B) Debate may include references to actions taken by the Senate 
    or by committees thereof that are a matter of public record; 
    references to the pendency or sponsorship in the Senate of bills, 
    resolutions, and amendments; factual descriptions relating to Senate 
    action or inaction concerning a measure then under debate in the 
    House; and quotations from Senate proceedings on a measure then 
    under debate in the House that are relevant to the making of 
    legislative history establishing the meaning of that measure.


[[Page 398]]



                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. Manual Sec. Sec. 371-
  374.
      On the other hand, it is not in order to criticize Senate actions. 
  5 Hinds Sec. 5114. Statements in debate questioning the intent of the 
  Senate with respect to legislation pending in the House remain a 
  violation of the rule of comity. It is a breach of order in debate to 
  refer to the motives of the Senate in passing certain legislation. 
  Manual Sec. 371. Although 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. 
  Deschler-Brown Ch 29 Sec. 44.59. Furthermore, statements urging the 
  Senate to take action have been ruled out. Manual Sec. 371.
      On one occasion, before the amendment of rule XVII (regarding 
  references to the Senate), 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. However, the Chair 
  will not entertain such a request where the references would 
  necessarily imply criticism of the Senate, such as to respond to 
  remarks in the Senate that were critical of Members of the House. 8 
  Cannon Sec. 2519; Manual Sec. 371.

                     References to Individual Senators

      Under rule XVII clause 1, remarks in debate may not include 
  references to individual Members of the Senate other than as sponsors 
  of measures; and the Chair enforces this principle on his own 
  initiative. Manual Sec. 374. Even complimentary or congratulatory 
  references to individual Members of the Senate are out of order. 
  Similarly, references to actions that might be taken by named Members 
  of the Senate, or Senators designated by position, are out of order. 
  The prohibition against such references to a Senator includes 
  references where the Senator is not identified by name or the 
  reference is to another person's criticism of a Senator. It also is a 
  violation of the rule to refer in debate to specific votes by 
  particular Senators, and the Chair also calls Members to order on his 
  own initiative when this occurs. Manual Sec. 371; Deschler-Brown Ch 29 
  Sec. 44.41. A Senator's comments

[[Page 399]]

  in debate may be quoted in the House only when relevant to pending 
  legislation. Manual Sec. 945. The House has, by unanimous consent, 
  permitted tributes to a retiring Senator. Manual Sec. 371.
      References to former Members of the House who are presently 
  Senators are permissible only if they merely address prior House 
  service and do not implicitly characterize Senate service. 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. Manual Sec. 371.
      Debate may not include references to a named Senator in his 
  capacity as a member of a conference committee. However, it is in 
  order in debate, while discussing a question involving conference 
  committee procedure, to state what actually occurred in a conference 
  committee session, without referring to or criticizing a named 
  Senator. Deschler-Brown Ch 29 Sec. 44.10.
      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. 
  Deschler-Brown Ch 29 Sec. 44.36. Remarks during an impeachment 
  proceeding may not include comparisons to personal conduct of sitting 
  Members of the Senate. Manual Sec. 370.

                            Duties of the Chair

      It is the duty of the Speaker to call to order a Member who 
  criticizes the actions of the Senate or its Members or committees. 
  Indeed, the Chair takes the initiative to prevent any debate in the 
  House that may tend to reflect improperly upon the Senate or its 
  Members in violation of the rule of comity and may deny an offending 
  Member further recognition. Manual Sec. Sec. 374, 945. Although he may 
  remind all Members not to make such references, he need not respond to 
  hypothetical questions as to the propriety of possible 
  characterizations of Senate actions before their use in debate. Manual 
  Sec. 628


  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'' or to the ``television audience,'' including those who may be 
  watching by way

[[Page 400]]

  of closed circuit television. The Chair enforces the rule on his own 
  initiative. Manual Sec. 945.

                         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 XVII clause 
  7; Manual Sec. 966. The rule is strictly enforced, and the Speaker 
  ordinarily intervenes on his own initiative to prevent infraction 
  thereof. Deschler-Brown Ch 29 Sec. Sec. 45.4, 45.7. The rule may not 
  be suspended by permission to proceed out of order, even by unanimous 
  consent. Manual Sec. 966. The rule has been invoked to prevent a 
  Member from making references to:

     An honored guest in the gallery who had exhibited ``great 
         heroism.'' Deschler-Brown Ch 29 Sec. 45.1.
     A Member's constituents sitting in the gallery. Deschler-Brown 
         Ch 29 Sec. 45.2.
     A Federal official present in the gallery who had an interest 
         in the pending bill. Deschler-Brown Ch 29 Sec. 45.3.
     A ``disinterested, objective observer'' sitting in the 
         gallery. Deschler-Brown Ch 29 Sec. 45.5.
     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 Sec. Sec. 5087-5091; 8 Cannon 
  Sec. Sec. 2499, 2500; Deschler-Brown Ch 29 Sec. 47. Such criticism is 
  considered as inherent in the exercise of legislative authority. As a 
  report adopted by the House in 1909 read, ``The right to legislate 
  involves the right to consider conditions as they are and to contrast 
  present conditions with those of the past or those desired in the 
  future. The right to correct abuses by legislation carries the right 
  to consider and discuss [them].'' 8 Cannon Sec. 2497. Members may 
  employ strong language in criticizing the government, government 
  agencies, and governmental policies. For example, it has been held in 
  order for a Member to:

     Refer to the government as ``something hated, something 
         oppressive.'' Deschler-Brown Ch 29 Sec. 47.6.
     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.

[[Page 401]]

     Refer to certain unnamed officials as ``our half-baked nitwits 
         who are handling the foreign affairs. . . .'' Deschler-Brown Ch 
         29 Sec. 47.3.
     Refer to a Federal agency as a ``Socialist, Communist'' 
         experiment. Deschler-Brown Ch 29 Sec. 47.4.
     Refer to the government as a ``labor dictatorship.'' Deschler-
         Brown Ch 29 Sec. 47.5.

      On the other hand, the rules do not permit the use of language 
  that is personally offensive toward the President. Manual Sec. 370; 5 
  Hinds Sec. 5094. For example, it is out of order to call the President 
  a ``liar'' or a ``hypocrite'' or to refer to accusations of sexual 
  misconduct. Manual Sec. 370; 8 Cannon Sec. 2498; Deschler-Brown Ch 29 
  Sec. 47.16. A Member may refer to political motives of the President 
  in debate. However, personal criticism, innuendo, ridicule, or terms 
  of opprobrium are not in order. 8 Cannon Sec. 2497. For example, a 
  Member may not in debate describe the President's veto of a bill as 
  ``cowardly'' (Manual Sec. 370), or charge that he has been 
  ``intellectually dishonest'' (Deschler-Brown Ch 29 Sec. 47.15) or 
  refer to him as ``giving aid and comfort'' to the enemy (Deschler-
  Brown Ch 29 Sec. 47.17).
      Members must abstain from personally offensive language even 
  during impeachment proceedings. It is not in order to refer to 
  evidence of alleged impeachable offenses by the President contained in 
  a communication from an Independent Counsel pending before a House 
  committee but not before the House itself. Manual Sec. 370.
      The Speaker has advised that the traditional protections against 
  unparliamentary references to the President do not necessarily extend 
  to the President's family. Deschler-Brown Ch 29 Sec. 47.18. The 
  Speaker enunciated a minimal standard of propriety for all debate 
  concerning nominated candidates for the Presidency, based on the 
  traditional proscription against personally offensive references to 
  the President even in his capacity as a candidate. Manual Sec. 370.
      References in debate to the Vice President (as President of the 
  Senate) are governed by the standards of reference permitted toward 
  the President, rather than the more stringent prohibitions under rule 
  XVII clause 1 against references to sitting Senators. Therefore, a 
  Member may criticize in debate the policies or candidacy of the Vice 
  President but may not engage in personality. Manual Sec. 371.
      Under rule XVII 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. Deschler-Brown Ch 29 
  Sec. 49.32.

[[Page 402]]

  Sec. 26 . Procedure; Calls to Order

                               In the House

      Procedures are available under rule XVII 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. 960. The Member calling him to order may 
  demand that the words objected to be ``taken down'' and read to the 
  House by the Clerk. Manual Sec. 960.
      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.
     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 if (with 
         certain exceptions) there has been no intervening debate or 
         business.
     Motion that the Member be allowed to proceed in order.

      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. See, e.g., Deschler-Brown Ch 29 Sec. 48.1. 
  The Chair also may 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. Deschler-Brown Ch 29 
  Sec. 49.36. 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 sustain the point of 
  order and then direct the Member to proceed in order. Deschler-Brown 
  Ch 29 Sec. 49.34.

                                   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 __________.

[[Page 403]]

      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 XVII. Manual Sec. 708.


  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 may respond by sustaining the point of order and 
  admonishing the offending Member to proceed in order. Deschler-Brown 
  Ch 29 Sec. 49.34.
      The use of disorderly language in the Committee of the Whole also 
  is 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 Sec. Sec. 2533, 2540. There is no debate in the 
  Committee on the propriety of the words used. 8 Cannon Sec. 2538. The 
  Committee rises automatically to report the words to the House after 
  the words are reported by the Clerk. 2 Hinds Sec. Sec. 1257-1259, 
  1348; 8 Cannon Sec. Sec. 2533, 2538, 2539. The business of the 
  Committee is suspended until the words objected to are reported to the 
  House. Deschler-Brown Ch 29 Sec. 49.42.

                                   Form

      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 the Committee of the Whole 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. Deschler-Brown Ch 29 
  Sec. 50.10.
      After the Speaker rules on the words objected to and the House has 
  disposed of any disciplinary proceedings, the Committee of the Whole 
  resumes its sitting without motion. 8 Cannon Sec. Sec. 2539, 2541; 
  Manual Sec. 961.


  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 XVII clause 4; Manual Sec. 960. The words taken down may 
  consist of

[[Page 404]]

  a single phrase (Deschler-Brown Ch 29 Sec. 61.3) or an entire colloquy 
  between two Members (Deschler-Brown Ch 29 Sec. 49.13). The demand 
  should indicate the words excepted to and the identity of the Member 
  who uttered them. Manual Sec. 960. The objecting Member may indicate 
  briefly the basis for his demand, such as impugning the motives of a 
  colleague; but the objecting Member may not at that time debate the 
  grounds for a finding that the words are disorderly. Deschler-Brown Ch 
  29 Sec. 49.18.
      Ordinarily, debate on or interpretation of the words objected to 
  is not in order pending a ruling on them by the Speaker. Although 
  words objected to in debate may be withdrawn pursuant to a unanimous-
  consent request, no debate is in order pending such a request. 
  Deschler-Brown Ch 29 Sec. 49.20. However, the offending Member may by 
  unanimous consent (or on motion by another Member) be permitted to 
  explain his words. Deschler-Brown Ch 29 Sec. 52.16; Sec. 30, infra.
      While a demand that a Member's words be taken down is pending, 
  that Member should be seated immediately. Manual Sec. 961. It is a 
  breach of decorum for a Member to ignore the Chair's gavel and his 
  instruction that the Member be seated. Deschler-Brown Ch 29 Sec. 41.2.
      The business of the House is suspended until the words are 
  reported to the House. Deschler-Brown Ch 29 Sec. 49.32. During that 
  time the Speaker may refuse to entertain a parliamentary inquiry or a 
  unanimous-consent request that a Member be allowed to proceed for one 
  minute. Deschler-Brown Ch 29 Sec. Sec. 49.14, 49.15.

                                   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 Clerk will transcribe the words.
      Chair: The Clerk will report the words.

                           Timeliness of Demand

      A demand that words be taken down is in order only if made in a 
  timely manner under rule XVII. Manual Sec. 960. The demand should be 
  made immediately after the words are uttered. Where debate has 
  intervened, the demand comes too late unless the objecting Member was 
  on his feet seeking recognition at the proper time. The Chair's 
  determination 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. Manual Sec. 961; 8 Cannon 
  Sec. 2528. The Chair may not respond to a parliamentary inquiry 
  regarding the propriety of words pending a demand that words be taken 
  down or after the words have been uttered and no such demand has been 
  made. Manual Sec. 628.

[[Page 405]]

                    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. 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 in the Congressional Record. 
  Deschler-Brown Ch 29 Sec. 83.6.

                           Withdrawal of Demand

      Before a ruling by the Speaker, 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. 
  Manual Sec. 961.


  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, even after the words have been taken 
  down on demand and read by the Clerk. 8 Cannon Sec. Sec. 2543, 2544; 
  Deschler-Brown Ch 29 Sec. Sec. 51.1, 51.2.
      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. Deschler-Brown Ch 
  29 Sec. 51.11. 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 Congressional Record. 8 Cannon Sec. 2539.
      The Speaker does not rule retrospectively on the propriety of 
  words withdrawn by unanimous consent. Manual Sec. 628.

                       In the Committee of the Whole

      A Member may withdraw or modify words objected to in the Committee 
  of the Whole by unanimous consent. 8 Cannon Sec. Sec. 2528, 2538. 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 before they were reported to the House. Deschler-Brown Ch 29 
  Sec. 51.5.

                         Deletions From the Record

      Rule XVII clause 8 mandates that the Congressional Record be a 
  ``substantially verbatim'' account of debate and permits the deletion 
  of unparlia

[[Page 406]]

  mentary remarks only by order of the House. 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.


  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. 
  Manual Sec. 961. However, the rules specifically provide for a motion 
  to allow the Member to explain, which motion may be made only by 
  another Member. Rule XVII clause 4; Manual Sec. 960. Moreover, the 
  Speaker has the discretion, before ruling on the words, to request the 
  Member called to order to make a brief explanation of his remarks. 
  Deschler-Brown Ch 29 Sec. 52.16.


  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. 
  Manual Sec. Sec. 960, 961; 2 Hinds Sec. 1249; 5 Hinds Sec. Sec. 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 of whether 
  words taken down violate the rules is for the Speaker to decide and is 
  not debatable. Deschler-Brown Ch 29 Sec. 50.7. The Chair judges the 
  words as read by the Clerk and not as alleged to have been uttered. 
  Manual Sec. 961. No Member may engage the Chair until the demand has 
  been disposed of. Manual Sec. 961.
      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 Sec. Sec. 5157, 5173, 5178, 5194, 5196, 5198, 5199. 
  Such an appeal is subject to the motion to table. Manual Sec. 629. 
  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 order.
      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. 
  Deschler-Brown Ch 29 Sec. 50.6. Pending his ruling, the Speaker may 
  recognize the Member who made the statement to ask unanimous consent 
  to withdraw or modify the words. Deschler-Brown Ch 29 Sec. Sec. 51.1, 
  51.2. He also may put questions to the offending Member about the 
  words and may consult dictionaries to de

[[Page 407]]

  termine the meaning of certain words or terms. Deschler-Brown Ch 29 
  Sec. Sec. 50.3, 50.4.


  Sec. 32 . -- Discipline; Post-Ruling Motions

                                 Generally

      Censure or other disciplinary action is a matter for the House and 
  not the Chair to decide. Manual Sec. 961. However, no House action is 
  in order until the Chair has ruled on the words objected to. Deschler-
  Brown Ch 29 Sec. 51.21. 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 the Record

      Under modern practice, words ruled out of order are normally 
  stricken from the Congressional Record by unanimous consent initiated 
  by the Chair. Manual Sec. 961. If there is an objection, a motion to 
  strike or expunge the words from the Record is in order. 8 Cannon 
  Sec. Sec. 2538, 2539; Manual Sec. 960. A motion to expunge is in order 
  even though the House by vote has authorized the Member to proceed. 
  Deschler-Brown Ch 29 Sec. 51.23. The motion, which is debatable within 
  narrow limits under the hour rule, is not in order until the Chair has 
  decided that the words are out of order. Manual Sec. 961; Deschler-
  Brown Ch 29 Sec. 51.21. The motion is not in order in the Committee of 
  the Whole. Manual Sec. 961.

                            Proceeding In Order

      After a Member's words have been ruled out of order, the Member 
  may be permitted to proceed in order on that same day either by 
  unanimous consent or by motion. Manual Sec. 961. 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 Sec. Sec. 5188, 5189; 8 Cannon 
  Sec. 2534. 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. Manual Sec. 961. The 
  motion is privileged for consideration in the House. Deschler-Brown Ch 
  29 Sec. 51.22. A motion to strike the objectionable words also 
  generally precedes a proposition to permit a Member to proceed in 
  order. See, e.g., Deschler-Brown Ch 29 Sec. 52.7.
      If a Member is not granted permission to proceed on that same day, 
  the Member cannot speak even on yielded time and may not insert 
  unspoken remarks in the Congressional Record. Manual Sec. 961; 5 Hinds 
  Sec. Sec. 5147, 5196-5199. However, the Member may exercise his right 
  to vote or to demand the yeas and nays. 8 Cannon Sec. 2546. Whether 
  the Member is to be

[[Page 408]]

  allowed to proceed in order or is to be subjected to censure or other 
  disciplinary measure is for the House to determine. Manual Sec. 960.


        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 
  Sec. Sec. 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. Deschler-Brown Ch 29 Sec. 53. 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. Deschler-Brown Ch 29 
  Sec. 53.1.
      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. The words must be stated in such a way as to avoid personal 
  criticism of an individual Member. Sec. 37, infra.

                              Ruled In Order

      Following 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.'' Deschler-Brown Ch 
         29 Sec. 53.4.
     A statement that a Member was leading his party in a policy of 
         opportunism. Deschler-Brown Ch 29 Sec. 53.5.
     A statement referring to ``irresponsible actions by members of 
         the President's own party.'' Deschler-Brown Ch 29 Sec. 53.2.
     ``[Y]ou have your definition of consistency. My definition is 
         that consistency is a virtue of small minds.'' Deschler-Brown 
         Ch 29 Sec. 62.2.
     A reference to Members as having praised a foreign dictator in 
         prior debate. Deschler-Brown Ch 29 Sec. 60.10.
     Words characterizing unnamed Members as taking ``potshots'' 
         and as lacking judgment. Deschler-Brown Ch 29 Sec. 51.16.

[[Page 409]]

     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 of Order

      Following are examples in which remarks in debate were held 
  unparliamentary:

     ``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 alleging that the Republican Conference believed 
         that lynching was a ``proper means of justice.'' Deschler-Brown 
         Ch 29 Sec. 53.3.

      To show the distinction between words that are permissible and 
  language that may be ruled out, illustrations in this chapter 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; whether 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. Deschler-Brown Ch 
  29 Sec. 54.1. Criticisms of committee procedure are also permitted. 
  Deschler-Brown Ch 29 Sec. 54.6. However, a Member may not in debate 
  impugn the personal motives of a committee or its members or make 
  unparliamentary claims of unlawful activity. Deschler-Brown Ch 29 
  Sec. Sec. 54.2, 54.3. Debate may not include critical 
  characterizations of members of the Committee on Standards of Official 
  Conduct who have investigated a Member's conduct. Manual Sec. 361.

[[Page 410]]

                              Ruled In Order

      Following are examples in which remarks in debate were held 
  parliamentary:

     A reference to the action of a committee as ``more or less 
         pusillanimous.'' Deschler-Brown Ch 29 Sec. 54.7.
     An editorial read by a Member charging a committee with 
         ``pigeon-holing'' certain legislation. Deschler-Brown Ch 29 
         Sec. 54.6.
     ``Did the gentleman's committee also find paid agents of 
         Hitler on the congressional payroll?'' Deschler-Brown Ch 29 
         Sec. 54.12.
     A reference to a committee investigation of ``the recent wave 
         of policy lynch murder in Mississippi.'' Deschler-Brown Ch 29 
         Sec. 54.9.
     A statement that a Member ``has been the victim of the 
         abusive, vicious, and irresponsible use of the power of a 
         congressional committee.'' Deschler-Brown Ch 29 Sec. 54.1.

                            Ruled Out of Order

      Following are examples in which remarks in debate were held 
  unparliamentary:

     A statement that certain fascist organizations exercised 
         extensive influence on a special House committee. Deschler-
         Brown Ch 29 Sec. 54.3.
     Language referring to ``lies and half-truths'' of a House 
         committee report. Deschler-Brown Ch 29 Sec. 54.4.
     ``I cannot respect the actions or even the sincerity of some 
         of the committee members.'' Deschler-Brown Ch 29 Sec. 54.5.
     A reference to the Committee on Un-American Activities as 
         ``the Un-American Committee.'' Deschler-Brown Ch 29 Sec. 54.11.


  Sec. 35 . Criticism of Speaker

      The prescription of rule XVII 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. 
  Manual Sec. 362. It is not in order in debate to refer invidiously to 
  the Speaker. 8 Cannon Sec. 2531. It also is not in order to speak 
  disrespectfully of him. 2 Hinds Sec. 1248. For example, it has been 
  held out of order to assert that he is ``kowtowing'' to persons who 
  would desecrate the U.S. flag or to refer to him as a ``crybaby.'' 
  Manual Sec. 362. It is not in order in debate to refer in a personally 
  critical manner to his political tactics or to arraign his personal 
  conduct. Deschler-Brown Ch 29 Sec. 57. 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. Manual Sec. 362; 5 Hinds Sec. 5188. Personal 
  criticisms of the Speaker can be

[[Page 411]]

  challenged even after debate has intervened. 2 Hinds Sec. 1248; 
  Deschler-Brown Ch 29 Sec. 57.7.
      It is not in 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. Deschler-Brown 
  Ch 29 Sec. 57.2. 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. Deschler-
  Brown Ch 29 Sec. 57.4. It is not in order to refer to official conduct 
  of the Speaker that is either under investigation or has been resolved 
  by the Committee on Standards of Official Conduct or by the House. 
  Manual Sec. 362.
      If words impugning the Speaker are uttered, the Speaker may choose 
  not to rule on the words himself but to appoint a Member to occupy the 
  Chair and deliver a decision. Deschler-Brown Ch 29 Sec. 57.1.


  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. Manual Sec. 363. 
  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. Deschler-Brown Ch 29 
  Sec. 58.4. Harsh words may be used to criticize a bill unless they 
  fail to ``avoid personality'' as mandated by rule XVII. Deschler-Brown 
  Ch 29 Sec. 58.1. For example, although 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. Deschler-Brown Ch 29 
  Sec. 58.12. A 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. Deschler-Brown Ch 29 Sec. 58.6.

[[Page 412]]

                              Ruled In Order

      Criticisms of legislative actions or proposals or political 
  motivations 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. Deschler-
         Brown Ch 29 Sec. 58.9.
     A statement accusing unnamed colleagues who opposed a measure 
         of talking ``loosely and recklessly with the truth.'' Deschler-
         Brown Ch 29 Sec. 58.8.
     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, p 1216.
     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.'' Deschler-Brown Ch 29 Sec. 58.3.
     A reference accusing unnamed opponents of a proposal of 
         ``blind,'' ``slavish,'' and ``shameful'' opposition. Deschler-
         Brown Ch 29 Sec. 58.7.
     A reference to an amendment ``where I come from . . . the 
         people . . . do not like slippery, snide, and sharp 
         practices.'' Deschler-Brown Ch 29 Sec. 58.5.
     A statement referring to a tactic of ``withholding'' votes 
         until it could be determined whether they would be necessary on 
         the pending question. Deschler-Brown Ch 29 Sec. 58.10.
     A statement that a Member ``has already admitted his amendment 
         does not make sense, and he will take any alternative that is 
         offered.'' Deschler-Brown Ch 29 Sec. 58.4.


  Sec. 37 . Critical References to Members

      Jefferson stressed the importance of preserving ``order, decency 
  and regularity . . . in a dignified public body.'' Manual Sec. 285. 
  The House rules provide that a Member must confine himself to the 
  question under debate, ``avoiding personality.'' Rule XVII. 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. However, under modern practice the Chair 
  normally awaits a point of order from the floor with respect to 
  references to other Members. Manual Sec. 961. The Chair may announce 
  his intention to take the initiative in calling Members to order 
  during debate on disciplinary resolutions. Manual Sec. 361.
      The Speaker will hold language unparliamentary where it improperly 
  reflects on another Member under rule XVII. Manual Sec. 361. 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). It also is not 
  in order in debate to refer in a personally

[[Page 413]]

  critical manner to the political tactics of a Member. Manual Sec. 361. 
  The truth of allegations involving unethical behavior of a Member is 
  not a defense to a point of order that the remarks are unparliamentary 
  as engaging in personalities explicitly or by innuendo. 104-1, Jan. 
  18, 1995, p 1444. On the other hand, it is recognized that free and 
  full debate is necessary in conducting legislative business, and a 
  Member is allowed considerable latitude in criticizing the position, 
  arguments, or contentions of another Member. Deschler-Brown Ch 29 
  Sec. 59.2; Sec. 36, supra.
      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 may intervene to prevent improper reference where 
  it is evident that a particular Member is being described. Manual 
  Sec. 361. 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 privileges of the House. 
  Manual Sec. 361.
      The rule requiring Members to avoid ``personality'' during debate 
  prohibits reference to newspaper accounts whose criticism of a sitting 
  Member would be unparliamentary if uttered on the floor as the 
  Member's own words. Manual Sec. 361.
      It is not unparliamentary to describe in debate the effect that a 
  Member's remarks may have, especially where that description includes 
  a disclaimer disavowing any intention to impugn a Member's motives. 
  Deschler-Brown Ch 29 Sec. 59.8.

                              Ruled In Order

      Following are examples in which remarks in debate were held 
  parliamentary:

     A statement that if a certain Member were to sponsor a measure 
         it would receive only one or two votes. Deschler-Brown Ch 29 
         Sec. 58.2.
     A reference to another Member's remarks as ``yapping.'' 
         Deschler-Brown Ch 29 Sec. 61.13.
     A statement accusing a Member of trying ``to becloud'' an 
         issue. Deschler-Brown Ch 29 Sec. 59.1.
     A reference in debate to another Member as not representing a 
         certain class of people in his State. Deschler-Brown Ch 29 
         Sec. 60.7.
     A reference to another Member's statement as ``intemperate.'' 
         Deschler-Brown Ch 29 Sec. 59.5.

[[Page 414]]

     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.'' Deschler-Brown 
         Ch 29 Sec. 43.2.
     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.'' Deschler-Brown Ch 29 Sec. 59.10.
     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.'' Deschler-Brown Ch 29 Sec. 59.8.
     A Member's general reference that ``big donors'' receive 
         ``access to leadership power and decisions'' because it does 
         not identify a specific Member as receiving a contribution 
         specifically in exchange for votes or other legislative action. 
         Manual Sec. 361.

                            Ruled Out of Order

      Following are examples in which remarks in debate were held 
  unparliamentary:

     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.'' Deschler-Brown 
         Ch 29 Sec. 61.11.
     ``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.'' Deschler-Brown 
         Ch 29 Sec. 59.3.
     Referring to another Member as a demagogue or as a ``president 
         of the Demagogue Club.'' Deschler-Brown Ch 29 Sec. Sec. 60.3, 
         60.4.
     ``[D]on't you start comparing anybody's record, because I have 
         got yours . . . with . . . the FBI.'' Deschler-Brown Ch 29 
         Sec. 60.24.
     A reference to another Member as a ``pinko.'' Deschler-Brown 
         Ch 29 Sec. 61.9.
     A reference to an identifiable group of sitting Members as the 
         perpetrators of a crime, such as ``stealing an election.'' 
         Deschler-Brown Ch 29 Sec. 60.22.
     A reference suggesting that another Member ``did not have the 
         nerve'' to make a statement on the floor. 104-2, July 25, 1996, 
         p 19170.


  Sec. 38 . -- Use of Colloquialisms; Sarcasm

      The Members are allowed considerable latitude in the use of 
  colloquialisms, euphemisms, figures of speech, and even sarcastic 
  comments in debate. A statement in debate that ``you are going to skin 
  us'' was held merely a colloquialism that did not reflect on any 
  Member and was held in order. Deschler-Brown Ch 29 Sec. 61.10. In 
  another instance, a Member used the word ``crime'' in referring to 
  another Member, but the Chair ruled the term

[[Page 415]]

  in order, finding that in the context of the debate, the term was 
  being used as a synonym for, or figure of, speech meaning ``wrong.'' 
  Deschler-Brown Ch 29 Sec. 59.2. A statement in debate ``[h]ere is the 
  answer, if the gentleman can understand English'' also was held in 
  order. Deschler-Brown Ch 29 Sec. 64.1.
      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 Sec. Sec. 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. 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. Deschler-Brown Ch 29 
  Sec. 60.21.

                            Ruled Out of Order

      Following are examples in which remarks in debate were held 
  unparliamentary:

     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.
     ``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.'' Deschler-
         Brown Ch 29 Sec. 61.12.
     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.'' Deschler-
         Brown Ch 29 Sec. 61.1.
     A reference to another Member's proceeding in a ``cheap, 
         sneaky, sly way.'' Deschler-Brown Ch 29 Sec. 61.2.


  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. Manual Sec. 363. 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. Manual Sec. 363. However, an assertion that a Member's use of 
  the

[[Page 416]]

  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. Manual Sec. 363.

                            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.
     Characterizing the motivation of a Member in offering an 
         amendment as deceptive and hypocritical. Manual Sec. 363.
     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.'' Deschler-Brown Ch 29 Sec. 59.9.
     An observation that a Member was ``one of the most impolite I 
         have ever seen.'' Manual Sec. 361.
     Characterizing another Member as ``speaking out of both sides 
         of his mouth.'' Deschler-Brown Ch 29 Sec. 51.36.
     A reference to an identifiable group of sitting Members as the 
         perpetrators of a crime, such as ``stealing an election.'' 
         Deschler-Brown Ch 29 Sec. 60.22.


  Sec. 40 . -- Charging Falsehood or Deception

      During debate on the floor, an assertion by one Member may be 
  declared untrue by another. However, in so doing, an accusation of 
  intentional misrepresentation must not be implied. Manual Sec. 363; 5 
  Hinds Sec. Sec. 5157, 5159, 5189; 8 Cannon Sec. 2542. Any term or 
  language implying a deliberate misstatement of the truth, for whatever 
  motive, is unparliamentary, including allegations of lying, slander, 
  or hypocrisy. A Member's expression of disbelief may be construed as 
  meaning that the Member referred to was merely mistaken in his 
  conclusions. Deschler-Brown Ch 29 Sec. 63.3. 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. Deschler-Brown Ch 29 Sec. 63.2.

[[Page 417]]

                              Ruled In Order

      Following are examples in which remarks in debate were held 
  parliamentary:

     A Member's statement that he did ``not believe a word that 
         [another Member] said.'' Deschler-Brown Ch 29 Sec. 63.3.
     A statement referring to another Member ``when he comes here 
         to defend some slime-monger who goes on the radio and lies 
         about me. . . .'' Deschler-Brown Ch 29 Sec. 63.2.
     ``Let us be sincere and honest about this thing.'' 78-2, Jan. 
         21, 1944, p 560.

                            Ruled Out of Order

      Following are examples in which remarks in debate were held 
  unparliamentary:

     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.
    ``I cannot believe that the gentleman . . . is sincere in what 
         he has just said.'' Deschler-Brown Ch 29 Sec. 63.7.
     A statement that the remarks of a Member were ``false and 
         slanderous.'' Deschler-Brown Ch 29 Sec. 63.4.
     A statement in referring to another Member that ``pretexts are 
         never wanting when hypocrisy wishes to add malice to falsehood 
         or cowardice. . . .'' Deschler-Brown Ch 29 Sec. 63.6.
     ``I cannot respect the actions or even the sincerity of some 
         of the committee members.'' Deschler-Brown Ch 29 Sec. 54.5.
     Language read in the House that repudiated ``lies and half-
         truths'' in a House committee report. Deschler-Brown Ch 29 
         Sec. 63.5.
     Use of the word ``canard''--meaning falsehood--in referring to 
         the statement of another Member. Deschler-Brown Ch 29 
         Sec. 63.1.
     Words accusing another Member of hypocrisy. Manual Sec. 363.


  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. Deschler-Brown Ch 29 Sec. 64. The Speaker has 
  ruled that questioning a Member's ability to ``understand English'' 
  was not unparliamentary. Deschler-Brown Ch 29 Sec. 64.1.

[[Page 418]]

  Sec. 42 . -- References to Race, Creed, or Racial Prejudice

      Gratuitous references in debate to the race or religion 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. Deschler-
  Brown Ch 29 Sec. 65.4.
      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'' have been ruled out of order, as has a 
  reference to another Member as having reached ``bigoted'' conclusions. 
  Deschler-Brown Ch 29 Sec. Sec. 65.5, 65.6.


  Sec. 43 . -- Charges Relating to Loyalty or Patriotism

      Unless the subject is relevant to disciplinary proceedings then 
  pending as the question before the House against a Member, remarks in 
  debate impugning the patriotism or loyalty of a Member are not in 
  order. Deschler-Brown Ch 29 Sec. 66. Words impeaching the loyalty of a 
  portion of the membership also have 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 Sec. 33, 
  supra.

                              Ruled In Order

      Following are examples in which remarks in debate were held 
  parliamentary:

     A statement referring to all opponents of the Committee on Un-
         American Activities as communist enemies. Deschler-Brown Ch 29 
         Sec. 66.2.
     A statement that another Member had been published in a 
         newspaper ``dedicated to the destruction of this Government.'' 
         Deschler-Brown Ch 29 Sec. 66.10.
     A statement referring to (unnamed) Members who give ``aid and 
         comfort'' to enemies and traitors. Deschler-Brown Ch 29 
         Sec. 66.3.
     A statement referring to ``people'' who would rip down the 
         American flag and replace it with the Soviet flag. Deschler-
         Brown Ch 29 Sec. 66.5.
     A statement characterizing the Committee of the Whole as an 
         agency of the Soviet Union. Deschler-Brown Ch 29 Sec. 66.11.
     A statement accusing another Member of past opposition to 
         ``every bill necessary for the defense of our country.'' 
         Deschler-Brown Ch 29 Sec. 62.5.

[[Page 419]]

                            Ruled Out of Order

      Following are examples in which remarks in debate were held 
  unparliamentary:

     A statement that insertions in the Congressional Record by 
         another Member were taken from ``Nazi elements.'' Deschler-
         Brown Ch 29 Sec. 66.6.
     A statement by a Member that internal fascist organizations 
         exercised extensive influence over a special House committee. 
         Deschler-Brown Ch 29 Sec. 66.7.
     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.'' Deschler-Brown Ch 29 
         Sec. 66.1.
     ``There is nothing more subversive than the kind of red 
         baiting tactics [of] the gentleman from __________.'' Deschler-
         Brown Ch 29 Sec. 66.8.
     A statement referring to another Member as attempting to 
         undermine the government. Deschler-Brown Ch 29 Sec. 66.9.
     A reference to the Committee on Un-American Activities as 
         ``the Un-American Committee.'' Deschler-Brown Ch 29 Sec. 66.12.
     A reference to certain Members as ``apostles of doom'' whose 
         utterances would give ``great aid and comfort'' to the Soviet 
         Union. Deschler-Brown Ch 29 Sec. 66.4.
     A reference to another Member as ``kowtowing'' to persons who 
         would desecrate the flag. Manual Sec. 362.


                      F. Duration of Debate in House


  Sec. 44 . In General

                      Limitations on Time for Debate

      Before 1841, there was no limit on the time that a Member might 
  occupy 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 
  also may be imposed pursuant to a unanimous-consent agreement. 
  Deschler-Brown Ch 29 Sec. 67. If a bill or resolution comes to the 
  House floor without such a time limit, rule XVII clause 2 applies to 
  limit the time for debate to one hour.

[[Page 420]]

   Manual Sec. 957. A Member calling up a measure in the House pursuant 
  to a unanimous-consent request or special rule that does not specify 
  time for debate controls one hour of debate thereon. Deschler-Brown Ch 
  29 Sec. 68.
      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 for which debate is limited to 40 
  minutes under rule XV clause 1(c). Manual Sec. 891. For a discussion 
  of 40-minute debate, see Sec. 46, infra.

             Discretion of Chair as Affecting Time for Debate

      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 Sec. Sec. 6919, 6920; 8 
         Cannon Sec. Sec. 3446-3448; Deschler-Brown Ch 29 Sec. 67.3.
     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. The Chair announces when their time has expired under the 
  rules, and that announcement is not subject to challenge. See, e.g., 
  Deschler-Brown Ch 29 Sec. 67.1. For a discussion of extensions of 
  time, see Sec. 48, infra.


  Sec. 45 . The Hour Rule

      Rule XVII clause 2 limits to one hour the amount of time that a 
  Member may occupy in debate on a pending question. Manual Sec. 957. 
  However, no Member may address the House for more than one hour, even 
  by unanimous consent. Deschler-Brown Ch 29 Sec. Sec. 68.3, 68.73; 
  Sec. 48, infra.
      The practice under the hour rule often serves to limit the total 
  time for debate 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. 994. 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. A Member recognized under the hour rule may 
  yield the floor upon expiration of his hour without moving the 
  previous question, thereby permitting another Member to be recognized 
  for a successive hour. Manual Sec. 957.

[[Page 421]]

      The hour rule is one of general applicability; it is often 
  overtaken by an order of the House 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 to the following:

     A resolution presenting a question of the privileges of the 
         House, subject to the division of time specified in rule IX. 
         Manual Sec. 698.
     A resolution reported as a question of the privileges of the 
         House, such as a resolution presenting impeachment charges. 
         Manual Sec. 699.
     A question of personal privilege. Manual Sec. 713.
     A privileged resolution reported from committee, such as a 
         rule, joint rule, or order of business reported from the 
         Committee on Rules or a committee funding resolution reported 
         from the Committee on House Administration. Deschler-Brown Ch 
         29 Sec. Sec. 68.32, 68.37.
     A resolution of inquiry. Deschler-Brown Ch 29 Sec. 68.33.
     A District of Columbia bill on the House Calendar called up on 
         District Day under rule XV clause 4. Deschler-Brown Ch 29 
         Sec. 68.5.
     A private bill called up in the House by unanimous consent. 
         Deschler-Brown Ch 29 Sec. 68.9.
     A measure not requiring consideration in the Committee of the 
         Whole before the House pursuant to a motion to discharge. 
         Deschler-Brown Ch 29 Sec. 68.34.
     A motion to refer, or the direct consideration of, a vetoed 
         bill. Deschler-Brown Ch 29 Sec. Sec. 68.55, 68.56.
     A motion to reconsider (if debatable). Manual Sec. 1010.
     A motion to discharge a committee from further consideration 
         of a resolution disapproving a reorganization plan. Deschler-
         Brown Ch 29 Sec. 68.64.
     A motion to expunge from the Congressional Record certain 
         remarks used in debate and ruled out of order. Deschler-Brown 
         Ch 29 Sec. 68.61.
     A motion to send a bill to conference under rule XXII clause 
         1. Deschler-Brown Ch 29 Sec. 68.26.
     A motion to instruct House managers at a conference, subject 
         to the division of time specified in rule XXII clause 7(b). 
         Manual Sec. 1078.
     A conference report or a motion to dispose of a Senate 
         amendment reported in disagreement by a conference committee, 
         subject to the division of time specified in rule XXII clause 
         8(d). Manual Sec. 1086.
     A preferential motion to insist on disagreement to a Senate 
         amendment reported in disagreement by a conference committee, 
         subject to the division of time specified in rule XXII clause 
         8(b)(3). Deschler-Brown Ch 29 Sec. 68.12.
     A Senate amendment considered in the House. Deschler-Brown Ch 
         29 Sec. 68.12.
     A bill called up from the Corrections Calendar. Manual 
         Sec. 898.

      The hour rule applies even before the adoption of the rules at the 
  inception of a Congress. Manual Sec. 60. Thus, a Member offering a 
  resolution on

[[Page 422]]

  the seating of a Member-elect is entitled to one hour of debate. 
  Deschler-Brown Ch 29 Sec. 68.1


  Sec. 46 . Ten-minute, 20-minute, and 40-minute Debate

      The House rules specify fixed periods of time for debate, equally 
  divided between the proponents and opponents, on certain motions and 
  questions.

                             Ten-minute Debate

      The House rules permit the proponent and an opponent each five 
  minutes of time for debate on an amendment offered after closing of 
  general debate in the Committee of the Whole, subject to additional 
  pro forma or second-degree amendments. Similarly, 10 minutes for 
  debate is permitted on an amendment offered after the closing of five-
  minute debate by the Committee under rule XVIII clause 8 if printed as 
  required in the Congressional Record and if not dilatory. Manual 
  Sec. Sec. 978, 981, 987.
      In addition, the House rules permit five minutes in support and 
  five minutes in opposition to the following motions:

     A motion to recommit with instructions a bill or joint 
         resolution under rule XIX clause 2, with the time subject to 
         extension under some circumstances. Manual Sec. 1001.
     A motion to dispense with the call of the Private Calendar 
         under rule XV clause 5(c). Manual Sec. 895.
     A motion to dispense with Calendar Wednesday business under 
         rule XV clause 7. Manual Sec. 900.

                           Twenty-minute Debate

      The House rules permit 20 minutes of time for debate on motions to 
  discharge a committee, the time to be equally divided under rule XV 
  clause 2. Manual Sec. 892. The right to close such debate is reserved 
  to the proponents of the motion. 7 Cannon Sec. 1010a. The chairman of 
  the committee being discharged, if opposed to the motion, is 
  recognized to control the 10 minutes in opposition. Deschler-Brown Ch 
  29 Sec. 69.3. 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. 892.
      Twenty minutes of debate also is permitted where a point of order 
  is raised against an unfunded Federal intergovernmental mandate under 
  section 425 of the Congressional Budget Act. Manual Sec. 1127. Points 
  of order under the Act are disposed of by putting the question of 
  consideration, debatable

[[Page 423]]

  for 20 minutes--10 by the Member making the point of order, 10 by a 
  Member in opposition. Sec. 426(b)(4) of the Congressional Budget Act.

                            Forty-minute Debate

      The House rules permit 40 minutes of time for debate, to be 
  divided between proponents and opponents, on the following:

     A motion to suspend the rules under rule XV clause 1. Manual 
         Sec. 891.
     A debatable proposition on which there has been no debate 
         before the ordering of the previous question under rule XIX 
         clause 1. Manual Sec. 994; 5 Hinds Sec. 6821.
     A motion to reject certain portions of a conference report or 
         Senate amendment objected to as nongermane under rule XXII 
         clause 10. Manual Sec. 1089.

      Other chapters in this work dealing with specific motions and 
  questions should be consulted. See, e.g., Previous Question; 
  Conferences Between the Houses; and Suspension of Rules.


  Sec. 47 . Debate in the House as in the Committee of the Whole

      Debate on a bill being considered in the House as in the Committee 
  of the Whole is under the five-minute rule, with no general debate. 
  Manual Sec. Sec. 424-427. Five minutes in favor of and five in 
  opposition to an amendment are permitted. Deschler-Brown Ch 29 
  Sec. 70.7. Members also may gain five minutes of debate by offering 
  pro forma amendments and motions to strike the enacting clause. 
  Deschler-Brown Ch 29 Sec. Sec. 70.11, 70.12.
      Normally, five-minute debate on a bill considered in the House as 
  in the Committee of the Whole may be extended by unanimous consent. 
  Deschler-Brown Ch 29 Sec. 70.6. However, the Chair does not recognize 
  for such extensions of time during consideration of a private bill in 
  the House as in the Committee of the Whole. Deschler-Brown Ch 29 
  Sec. 70.10.


  Sec. 48 . Limiting or Extending Time for Debate

                                 Generally

      The House may by unanimous consent or by special rule limit or 
  extend the time for debate on propositions considered in the House. 
  Deschler-Brown Ch 29 Sec. 71. However, a motion to extend the time for 
  debate in the House is not in order. Deschler-Brown Ch 29 Sec. 73.17.

                              By Special Rule

      A special rule from the Committee on Rules may extend the time for 
  debate that may be devoted to a proposition to be considered in the 
  House.

[[Page 424]]

   Deschler-Brown Ch 29 Sec. 71.1. It may specify, for example, that 
  debate shall not exceed a certain number of hours. Deschler-Brown Ch 
  29 Sec. 25.17. Similarly, though conference reports are ordinarily 
  considered under the hour rule, a special rule may provide for more 
  extended debate. Deschler-Brown Ch 29 Sec. 71.18.

                           By Unanimous Consent

      Time for debate in the House under the hour rule may be modified 
  by unanimous consent. Deschler-Brown Ch 29 Sec. 71. For example, by 
  unanimous consent, debate has been extended on a resolution presenting 
  articles of impeachment (Deschler-Brown Ch 29 Sec. 71.13) and on a 
  disciplinary resolution (Deschler-Brown Ch 29 Sec. 71.6; 107-2, July 
  24, 2002, p ____).
      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. Deschler-Brown Ch 29 Sec. Sec. 68.41, 68.42; 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 
  Committee on Rules. Deschler-Brown Ch 29 Sec. 71.4.
      Unanimous-consent agreements extending time may further provide 
  for a division of time between various Members. However, a Member may 
  not extend a special-order speech (or debate on a question of personal 
  privilege) for more than one hour, even by unanimous consent. Manual 
  Sec. 957; Deschler Ch 11 Sec. 22.1; Deschler-Brown Ch 29 Sec. 71.20.

                   Effect of Statutory Time Limitations

      Time for debate on certain kinds of legislative propositions is 
  limited by statute. Manual Sec. 1130. Examples include:

     Congressional Budget Act of 1974 (limits debate on concurrent 
         resolutions on the budget to 10 hours; specifies up to four 
         hours for debate on economic goals and policies; amendments 
         considered under five-minute rule). Sec. 305(a); 2 USC 
         Sec. 636.
     Impoundment Control Act of 1974 (limits debate on rescission 
         bill or impoundment resolution to not more than two hours). 
         Sec. 1017(c); 2 USC Sec. 688.
     Trade Act of 1974 (limits debate on implementing bills and 
         certain resolutions to 20 hours). 19 USC Sec. 2191.
     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).


[[Page 425]]



      Such statutory provisions (compiled in Manual Sec. 1130) are 
  enacted as an exercise of the rule-making power of both Houses, with 
  full recognition of the ability 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 time for debate to 10 hours. 
  The House agreed by unanimous consent to limit debate in the Committee 
  to five hours and subsequently consented to limit further debate to 30 
  minutes. Deschler-Brown Ch 29 Sec. 71.7.


  Sec. 49 . Terminating 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 under rule XIX. Manual Sec. 994; 5 Hinds Sec. 5456; 8 Cannon 
  Sec. 2662. This motion also is used to close debate in the House as in 
  the Committee of the Whole. Deschler-Brown Ch 29 Sec. 72.7. The Member 
  controlling debate on a proposition in the House may move the previous 
  question and (if ordered by the House) thereby terminate further 
  debate. Deschler-Brown Ch 29 Sec. 72.2. However, the House may by 
  unanimous consent vacate the ordering of the previous question in 
  order to extend debate. Deschler-Brown Ch 29 Sec. 72.4. If the 
  previous question is ordered on a debatable proposition, and that 
  proposition has not in fact been debated, then, under rule XIX clause 
  1, 40 minutes of debate is permitted. Manual Sec. 994; 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 a discussion of such methods, 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. Their use is permitted by a long-
  standing custom regarded as beneficial to the democratic processes of 
  the House and is based on the Speaker's discretionary power of 
  recognition under rule XVII clause 2. Manual Sec. 950.

[[Page 426]]

                            One-minute Speeches

      The practice of limiting recognition before legislative business 
  to one minute began on August 2, 1937 and was reiterated by Speaker 
  Rayburn on March 6, 1945. 75-1, Aug. 2, 1937, p 8004; Deschler Ch 21 
  Sec. 6.1. One-minute speeches are normally entertained at the 
  beginning of the legislative day, although the Speaker has discretion 
  to recognize Members to proceed for one minute after legislative 
  business has been completed or at some other time or place in the 
  legislative day (for example, to follow a scheduled recess). Deschler-
  Brown Ch 29 Sec. 73.6. Indeed, when the House has a heavy legislative 
  schedule, the Speaker may refuse all requests to recognize Members for 
  one-minute speeches. Deschler-Brown Ch 29 Sec. 73.5. More commonly, 
  the Speaker limits one-minute speeches to a certain number for each 
  side of the aisle, entertaining any remaining requests at the end of 
  legislative business before special-order speeches.
      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. Deschler-Brown Ch 29 Sec. 73.3. He has refused to put to the 
  House unanimous-consent requests for extensions of that time. 
  Deschler-Brown Ch 29 Sec. 73.10. Moreover, under the Speaker's power 
  of recognition as traditionally exercised before 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. 
  Manual Sec. 950.
      The order of recognition for one-minute speeches before 
  legislative business is within the discretion of the Chair and is not 
  subject to challenge on a point of order. Deschler-Brown Ch 29 
  Sec. 10.55. However, the Chair endeavors to recognize majority and 
  then minority members by allocating time in a nonpartisan manner. 
  Deschler-Brown Ch 29 Sec. 10.50. In 1984, the Speaker instituted the 
  policy of requiring alternate recognition of majority and minority 
  members in the order in which they seek recognition. Manual Sec. 950.

                           Morning-hour Debates

      Morning-hour debates were first initiated in the second session of 
  the 103d Congress. The House by unanimous consent agreed that on 
  Mondays and Tuesdays the House would convene 90 minutes 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. In the 104th Congress, the House extended and 
  modified that order to accommodate earlier convening times after May 
  14 of each year. Debate was limited and allocated to each party, with 
  initial and subsequent recognition alternating daily between parties 
  pursuant to lists submitted by the lead

[[Page 427]]

  ership. Under the customary order of the House establishing morning-
  hour debate, a Member may not be recognized for more than five 
  minutes. The Chair does not entertain a unanimous-consent request to 
  extend this five-minute period. Manual Sec. 951.

                          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 Ch 
  29 Sec. 10.69. Under rule XVII clause 2, no Member may be recognized 
  beyond one hour, even by unanimous consent. Manual Sec. 957. 
  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 Ch 29 
  Sec. 73.15.
      The Speaker has announced the following policies for recognition 
  of special-order speeches:

     Recognition alternates between majority and minority members.
     Recognition for special-order speeches of five minutes or 
         less, which are obtained by unanimous consent no earlier than 
         one week in advance, before longer speeches.
     Recognition for longer speeches only pursuant to lists 
         submitted by the leadership rather than by separate permission 
         of the House.
     Recognition does not extend beyond midnight.
     Recognition for speeches longer than five minutes is limited 
         (except on Tuesday) to four hours equally divided between the 
         majority and minority.
     The first hour for each party is reserved to its respective 
         Leader or his designees.
     The first recognition within a category alternates between the 
         parties from day to day, regardless of when requests were 
         granted.
     The respective Leaders may establish additional guidelines for 
         entering requests.

  Manual Sec. 950.

      The Chair will not entertain a unanimous-consent request to extend 
  a special order beyond midnight. The Chair will recognize for 
  subdivisions of the first hour reserved for special orders only on 
  designations (and reallocations) by the leadership concerned. A Member 
  who is recognized to control time during special orders may yield to 
  colleagues for such amounts of time as the Member may deem appropriate 
  but may not yield blocks of time to be enforced by the Chair. Members 
  regulate the duration of their yielding by reclaiming the time when 
  appropriate. Manual Sec. 950.

[[Page 428]]

            G. Duration of Debate in the Committee of the Whole


  Sec. 51 . In General; Effect of Special Rules

      At one time, there was no limit on the time that 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 time 
  limitations on general debate are imposed on measures by unanimous 
  consent or special rule. Deschler-Brown Ch 29 Sec. 74. In the unlikely 
  event a measure is considered in the Committee of the Whole without 
  fixing the time for general debate, each Member may be recognized for 
  one hour. Sec. 52, infra.
      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 the 
  Committee of the Whole is controlled by the House; and the Committee 
  may not, even by unanimous consent, extend the time for general debate 
  fixed by the House. Manual Sec. 993; Deschler-Brown Ch 29 Sec. 75.7. 
  The House establishes such time for general debate through the 
  adoption of a unanimous-consent agreement or the adoption of a special 
  rule from the Committee on Rules. Deschler-Brown Ch 29 Sec. 74.
      If the House does not limit the time for general debate in the 
  Committee of the Whole, such debate is under the hour rule. Deschler-
  Brown Ch 29 Sec. 75.1. A Member having control of such time may not 
  consume more than one hour. Deschler-Brown Ch 29 Sec. 75.5.
      Normally, the House order limiting time for general debate in the 
  Committee of the Whole also will divide the control of the time 
  between certain Members, such as the chairman of the reporting 
  committee and its ranking minority member. Although under the special 
  rule a Member may have control of more than one hour of general debate 
  on a bill in the Committee, he may not, under the general rules of the 
  House, yield himself more than one hour for debate. Deschler-Brown Ch 
  29 Sec. 74.4. It also 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. Deschler-Brown Ch 29 Sec. 75.8.
      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. However, unanimous consent has been permitted 
  in the Com

[[Page 429]]

  mittee to permit one of two committees controlling time under a 
  special order to yield control of its time to the other. Manual 
  Sec. 993.

                  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. Manual 
  Sec. 979.


  Sec. 53 . Limiting 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. 
  Deschler-Brown Ch 29 Sec. 76.8. If objection is raised to the 
  unanimous-consent request, the Speaker puts the question on the 
  initial motion to go into the Committee. Deschler-Brown Ch 29 
  Sec. 3.5.

                          By Motion in the House

      After unlimited general debate has begun in the Committee of the 
  Whole and the Committee rises, a motion in the House to close or limit 
  further general debate is in order. Manual Sec. 979; 5 Hinds 
  Sec. Sec. 5204-5206. The motion is not in order until after debate in 
  the Committee has begun 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. Sec. 5204, 5208. The motion may not apply to a series of 
  bills, and the motion must apply to the whole and not to a part of a 
  bill. 5 Hinds Sec. Sec. 5207, 5209. The motion may not be made in the 
  Committee. 5 Hinds Sec. 5217; 8 Cannon Sec. 2548.

                   By Unanimous Consent in the Committee

      Although 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 
  Sec. Sec. 2553, 2554.
      Although a bill is being considered in the Committee of the Whole 
  under a special rule specifying the time for general debate, the 
  managers of the bill need not use all of the prescribed time. The 
  Members in control of the time are permitted to yield it back and 
  thereby shorten general debate. Deschler-Brown Ch 29 Sec. 76.1.

[[Page 430]]

  Sec. 54 . Five-minute Debate

                                 Generally

      When general debate is closed in the Committee of the Whole, 
  debate on amendments proceeds under the five-minute rule. Rule XVIII 
  clause 5, which provides:

      When general debate is concluded or closed by order of the House, 
    the measure under consideration shall be read for amendment. A 
    Member, Delegate, or Resident Commissioner who offers an amendment 
    shall be allowed five minutes to explain it, after which the Member, 
    Delegate, or Resident Commissioner who shall first obtain the floor 
    shall be allowed five minutes to speak in opposition to it. There 
    shall be no further debate thereon, but the same privilege of debate 
    shall be allowed in favor of and against any amendment that may be 
    offered to an amendment.

      Under this rule the proponent of an amendment is entitled to five 
  minutes of debate in favor of the amendment before a perfecting 
  amendment may be offered thereto. Deschler-Brown Ch 29 Sec. 30.20. 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 of the Whole resumes 
  consideration of an amendment that 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. Manual Sec. 980. A Member 
  recognized for five minutes on an amendment may not extend his time by 
  offering another amendment. 8 Cannon Sec. Sec. 2560, 2562. However, 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. Deschler-Brown Ch 29 Sec. 21.16. 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. Deschler-Brown Ch 29 Sec. 22.9.

[[Page 431]]

              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. Manual 
  Sec. 993.
      A special rule or order of the House providing 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, then 
  only two five-minute speeches are in order on each designated 
  amendment, one speech in support and one in opposition. Deschler-Brown 
  Ch 29 Sec. 77.19. A Member may obtain additional time for debate only 
  by unanimous consent. Because 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. Manual Sec. 993. 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. Deschler-Brown Ch 29 Sec. 21.23.

                               Yielding Time

      A Member recognized under the five-minute rule may not reserve 
  time or yield his time to another Member. Manual Sec. 980; 5 Hinds 
  Sec. Sec. 5035-5037. He may yield a portion of his time while 
  remaining on his feet, but he may not yield to another to offer an 
  amendment. Deschler-Brown Ch 29 Sec. 21.5. 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, to make a 
  comment, or to make a unanimous-consent request. However, the time 
  consumed thereby comes out of that of the Member holding the floor. 
  Deschler-Brown Ch 29 Sec. 29.6. Time consumed in yielding for a 
  parliamentary inquiry also is charged against the five minutes. 
  Deschler-Brown Ch 31 Sec. 15.6.

                              Extending Time

      A motion to require a certain amount of debate under the five-
  minute rule is not in order in the Committee of the Whole. Deschler-
  Brown Ch 29 Sec. 78.101. A Member recognized under the five-minute 
  rule may extend his time for debate only by unanimous consent, and a 
  motion to that effect is not in order. Deschler-Brown Ch 29 
  Sec. 21.13; Sec. 57, infra.
      Where debate on an amendment is limited and allocated to a 
  proponent and an opponent, the Members controlling the debate may 
  yield and reserve

[[Page 432]]

  time, whereas time for debate on amendments cannot be reserved under 
  the five-minute rule. Manual Sec. 980.

                           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 who has been recognized for five minutes on a pro forma 
  amendment cannot thereafter extend his time by offering a second pro 
  forma amendment. Deschler-Brown Ch 29 Sec. 77.8. A Member who has 
  consumed five minutes in support of an amendment that he has offered 
  cannot, except by unanimous consent, obtain additional time by 
  offering a pro forma amendment to his own amendment. Deschler-Brown Ch 
  29 Sec. 77.9. A pro forma amendment may be offered after a substitute 
  has been adopted and before the vote on the amendment, as amended, by 
  unanimous consent only, because the amendment has been amended in its 
  entirety and no further amendments, including pro forma amendments, 
  are in order. A Member recognized on a pro forma amendment may not 
  allocate or reserve time, though he may in yielding indicate to the 
  Chair when he intends to reclaim his time. The Chair endeavors to 
  alternate recognition to offer pro forma amendments between majority 
  and minority Members (giving priority to committee members) rather 
  than between sides of the question. Manual Sec. 981.

                   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 
  used to gain an additional five minutes for debate in the Committee of 
  the Whole. Rule XVIII clause 9; Manual Sec. Sec. 988, 989. 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. Deschler Ch 19 Sec. 13.2. Only two five-minute speeches are 
  permitted, notwithstanding the fact that the second Member, recognized 
  in opposition to the motion, spoke in favor thereof. Deschler Ch 19 
  Sec. 13.3. Time for debate may not be reserved. Manual Sec. 989. 
  Debate may go to the merits of the underlying bill. 5 Hinds Sec. 5336.
      Members of the committee managing the bill have priority in 
  recognition for debate in opposition to the motion. Deschler-Brown Ch 
  29 Sec. 23.43. However, the Chair will not announce in advance who 
  will be recognized in opposition. Manual Sec. 989.
      If the House acts to strike the enacting clause as recommended by 
  the Committee of the Whole, the bill is considered rejected. Manual 
  Sec. 989; 5

[[Page 433]]

  Hinds Sec. 5326. For a general discussion of this motion, 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. Deschler-Brown Ch 29 Sec. 78.41.

                                 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. However, in 
  modern practice the motion is made in the Committee under rule XVIII 
  clause 8. Sec. 56, infra.


  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 rule XVIII clause 8. Manual Sec. 987. 
  The motion may propose to close debate at once or at the expiration of 
  a designated time. 8 Cannon Sec. 2572. As noted above, a motion to 
  extend 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 or special rule, a motion to close 
  or limit debate on the entire bill is not in order. Deschler-Brown Ch 
  29 Sec. 78.27. Likewise, a motion to close debate on a portion of a 
  bill not yet reached in the reading of the bill for amendment is not 
  in order. Deschler-Brown Ch 29 Sec. 78.29. A motion to close debate on 
  a portion of a bill that has been read and on which there has been 
  debate is in order. Deschler-Brown Ch 29 Sec. 78.34. For a discussion 
  of unanimous-consent requests to close or limit debate, see Sec. 57, 
  infra.

[[Page 434]]

      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. Deschler-Brown Ch 29 
  Sec. 78.22. 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 the last word, obtained consent to speak out of order 
  (Deschler-Brown Ch 29 Sec. 78.25).
      Under rule XVIII clause 8, a motion in the Committee of the Whole 
  to close debate under the five-minute rule is privileged. However, the 
  motion cannot deprive another Member of the floor. Deschler-Brown Ch 
  29 Sec. 78.14. Once pending, the motion must be disposed of before 
  further recognition by the Chair. Deschler-Brown Ch 29 Sec. 22.1.
      Although 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 XVIII clause 8, move to limit debate at an 
  appropriate time in the Committee of the Whole. Deschler-Brown Ch 29 
  Sec. 23.28. However, 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 seeking to debate or 
  amend the amendment. Deschler-Brown Ch 29 Sec. 24.16.
      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 that is pending and all amendments 
         thereto. Deschler-Brown Ch 29 Sec. 78.7.
     An amendment and all amendments thereto. Deschler-Brown Ch 29 
         Sec. 78.65.
     All amendments to the bill (after the bill has been read) and 
         all amendments thereto. Deschler-Brown Ch 29 Sec. 78.30.

      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.
      Where there is a time limitation on debate on a pending amendment 
  in the nature of a substitute and all amendments thereto, but not on 
  the underlying original text, debate on perfecting amendments to the 
  original text proceeds under the five-minute rule, absent another time 
  limitation. Where the time for debate on a pending amendment in the 
  form of a motion to strike and all amendments thereto has been 
  limited, a subsequently offered perfecting amendment considered as 
  preferential to (rather than as an amendment to) the motion to strike 
  remains separately debatable outside the limitation. Manual Sec. 987.

[[Page 435]]

      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. Deschler-Brown Ch 29 Sec. 79.31. 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. Deschler-Brown Ch 29 Sec. 79.137.

              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. Deschler-Brown Ch 29 
  Sec. 78.52. The motion is not debatable (Manual Sec. 987), although it 
  is subject to amendment (5 Hinds Sec. 5227; 8 Cannon Sec. 2578).
      The motion in the Committee of the Whole to limit debate is not 
  subject to a motion to reconsider because the motion to reconsider 
  does not lie in the Committee. Deschler-Brown Ch 29 Sec. 78.79. 
  However, the Committee may by unanimous consent rescind or modify such 
  an agreement. Deschler-Brown Ch 29 Sec. 78.84.


  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. Deschler-Brown Ch 29 Sec. 78.29. 
  However, such request should include the condition that the portion of 
  the bill sought to be limited be considered as read and open to 
  amendment at any point. Deschler-Brown Ch 29 Sec. 78.93. Similarly, 
  the Committee may limit and allocate control of time for debate on 
  amendments not yet offered by unanimous consent. Manual Sec. 987.
      In limiting debate by unanimous consent under the five-minute 
  rule, the Committee of the Whole may include provisions to control and 
  allocate the time. Deschler-Brown Ch 29 Sec. 78.37. For example, the 
  Committee may, by unanimous consent, limit debate to a certain number 
  of hours, or to a time certain, to be equally divided and controlled 
  by the managers of the bill. Deschler-Brown Ch 29 Sec. 78.62.

                 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). Deschler-Brown Ch 29 Sec. Sec. 78.42, 78.43. The 
  Committee may by unanimous consent permit additional debate on an 
  amendment before it is offered, notwithstanding a previous limitation 
  imposed by the

[[Page 436]]

  Committee on all amendments to the bill. Deschler-Brown Ch 29 
  Sec. 79.63. The Committee can effect minor changes in procedures set 
  by a special order of the House only by unanimous consent and only 
  where congruent with the terms of the special order. Manual Sec. 993.


  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. Time for debate can be 
  allocated between Members only by unanimous consent. Deschler-Brown Ch 
  29 Sec. Sec. 78.37, 78.61. 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 or to specific Members. 
  Deschler-Brown Ch 29 Sec. 78.69.
      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, including a reservation of time for a 
  particular Member. Deschler-Brown Ch 29 Sec. Sec. 78.67, 78.72. 
  However, the Committee may limit debate and include a reservation of 
  time by unanimous consent. For example, part of the time under a 
  limitation may be reserved for the reporting committee by unanimous 
  consent. Deschler-Brown Ch 29 Sec. 78.69.


  Sec. 59 . Timekeeping; Charging Time

                                 Generally

      A limitation on debate under the five-minute rule may take the 
  form of a restriction on time for debate (for example, ``for 60 
  minutes'') or as a limitation on debate to a time certain (for 
  example, ``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 time for debate on a proposition is limited to a fixed 
  period, such as 60 minutes, the time consumed for purposes other than 
  debate is not counted or charged against the allowable time for debate 
  (such as votes, quorum calls, maintaining order, points of order, 
  reading amendments, or offering and debating preferential motions to 
  strike the enacting clause). Manual Sec. 987; Deschler-Brown Ch 29 
  Sec. Sec. 79.10, 79.13. However, if time is limited to a fixed period 
  on the entire bill and all amendments thereto, the time for the 
  preferential motion does consume time under the limitation. Deschler-
  Brown Ch 29 Sec. 79.17.
      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

[[Page 437]]

  (such as parliamentary inquiries, points of order, rereading of 
  amendments, maintaining order, votes, quorum calls, or offering and 
  debating preferential motions to strike the enacting clause) is 
  charged against the time remaining. Deschler-Brown Ch 29 
  Sec. Sec. 79.5, 79.9. Such a limitation terminates all debate at the 
  time specified, notwithstanding any allotted time remaining. Deschler-
  Brown Ch 29 Sec. 79.8. In such cases, no point of order lies against 
  the inability of the Chair to recognize each Member desiring 
  recognition. Deschler-Brown Ch 29 Sec. 22.31. The time specified can 
  be rescinded or modified only by unanimous consent. Manual Sec. 987. A 
  unanimous consent-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, because the Chair 
  cannot control time consumed by quorum calls or votes on other 
  intervening motions. Deschler-Brown Ch 29 Sec. 78.75. If the Committee 
  rises before the expiration of such a limitation, and does not resume 
  consideration before the time certain arrives, no further time for 
  debate remains. Deschler-Brown Ch 29 Sec. 79.128.
      If debate is closed instantly on the entire bill and all 
  amendments thereto, no further debate is in order for any purpose 
  (including the preferential motion that the enacting clause be 
  stricken); and further amendments may be offered but not debated 
  unless they have been printed in the Congressional Record. Deschler-
  Brown Ch 29 Sec. Sec. 79.1, 79.23.

                    Role of Chairman in Allocating Time

      Where debate on an amendment has been limited, the Chair has 
  several 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 an opponent (giving priority in recognition among 
  opponents to committee members) and allow them in turn to yield time 
  to other Members. Manual Sec. 987.
      The Chair also may, in his discretion, give priority in 
  recognition under a limitation to those Members seeking to offer 
  amendments, over other Members standing at the time the limitation was 
  agreed to. Where time for debate on a bill and all amendments thereto 
  has been limited to a time certain several hours away, the Chair may, 
  in his discretion, continue to proceed under the five-minute rule 
  until he desires to allocate remaining time on possible amendments. 
  The Chair may then divide that time among proponents of anticipated 
  amendments and committee members opposing those amendments. The Chair 
  also has discretion to reallocate time to conform to the limit set by 
  unanimous consent of the Committee of the Whole. Manual Sec. 987.

[[Page 438]]

                   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. Deschler-Brown Ch 29 Sec. 79.131. However, 
  where a measure has been limited to a time certain, and the Committee 
  rises before that time without having completed action on the pending 
  measure, no time is considered to be remaining when the Committee, on 
  a later day, resumes consideration of the measure. Deschler-Brown Ch 
  29 Sec. 79.127. The Committee may extend debate on the subsequent day 
  only by unanimous consent. Deschler-Brown Ch 29 Sec. 78.84.
      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. Deschler-Brown 
  Ch 29 Sec. 79.52.


                 H. Reading Papers; Displays and Exhibits


  Sec. 60 . Reading Papers

      In the early practice of the House, the reading of papers, 
  including a Member's own written speech, was usually permitted without 
  question; and a Member usually read such papers as he pleased. Manual 
  Sec. 964; 5 Hinds Sec. 5258. However, that privilege was subject to 
  the authority of the House if another Member objected under a former 
  version of rule XVII clause 6. Manual Sec. 964. If objection was made 
  to such a reading under the former rule, the question was determined 
  by the House without debate. The rule was amended in 1993 to apply 
  only to exhibits and not to readings and the question no longer must 
  be submitted to the House. Manual Sec. 963.


  Sec. 61 . Use of Exhibits

                                 Generally

      Members often use relevant exhibits in debate for the information 
  of other Members. The display of exhibits in debate was automatically 
  subject to House consent under rule XVII clause 6 if objection is 
  made. However, the clause was amended in the 107th Congress to permit 
  the Chair in his discretion to submit the question of its use to the 
  House. Manual Sec. 963.
      For procedures under the former rule, see Manual Sec. 963.

[[Page 439]]

      It is not a proper parliamentary inquiry to ask the Chair to judge 
  the accuracy of the content of an exhibit. It is not in order to 
  request that the electronic voting display be turned on during debate 
  as an exhibit to accompany a Member's debate. Manual Sec. 963.
      Exhibits that have been permitted by the House or the Committee of 
  the Whole, either by vote or because no objection was raised, include:

     A pair of oversized dice. Deschler-Brown Ch 29 Sec. 84.2.
     Models prepared by the Committee on Science and Astronautics. 
         Deschler-Brown Ch 29 Sec. 84.4.
     Electronic voting equipment to be installed in the House 
         Chamber. Deschler-Brown Ch 29 Sec. 84.
     A bottle of liquor alleged to be ``government rum.'' Deschler-
         Brown Ch 29 Sec. 84.1.
     A chart showing complex funding formulas. Deschler-Brown Ch 29 
         Sec. 84.5.
     Photographs of missing children. Deschler-Brown Ch 29 
         Sec. 84.14.
     A display of dismantled weapons. Deschler-Brown Ch 29 
         Sec. 84.17.
     A chart showing stockpiled weaponry. 99-1, June 19, 1985, p 
         16359.

      The Speaker or Chairman of the Committee of the Whole may under 
  rule I direct the removal of an exhibit from the well if the exhibit 
  is not being used in debate. Deschler-Brown Ch 29 Sec. Sec. 84.9, 
  84.10.
      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 an audio-visual display of comments by non-Members would be 
  contrary to precedents limiting the privilege of debate to Members. 
  Deschler-Brown Ch 29 Sec. 80.8. The Speaker has disallowed the use of 
  a person on the floor as a guest of the House as an ``exhibit.'' 
  Manual Sec. 622.


  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 that 
  would be demeaning to the House or that would be disruptive of the 
  decorum thereof. Deschler-Brown Ch 29 Sec. 84.16. Thus he may inquire 
  of a Member's intentions as to the use of exhibits before conferring 
  recognition to address the House. Deschler-Brown Ch 29 Sec. 84.11. 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. In 1995, a caricature of the Speaker presented during debate 
  was ruled out of order. 104-1, Nov. 16, 1995, p 33393-95. In another 
  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

[[Page 440]]

  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 rule 
  I clause 2 the House has assigned to the Chair the responsibility of 
  preserving order and decorum. Manual Sec. 622.
      At the request of the Committee on Standards of Official Conduct, 
  the Speaker announced that (1) all handouts distributed on or adjacent 
  to the floor must bear the name of a Member authorizing the 
  distribution; (2) the content of such handouts must comport with the 
  standards applicable to words used in debate; (3) failure to comply 
  with these standards may constitute a breach of decorum and thus give 
  rise to a question of privilege; (4) staff are prohibited in the 
  Chamber or rooms leading thereto from distributing handouts and from 
  attempting to influence Members with regard to legislation; and (5) 
  Members should minimize the use of handouts to enhance the quality of 
  debate. Manual Sec. 622.


                            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 of the House were 
  held often. Normally, the House sat with galleries open. When the 
  occasion required, as on receipt of a confidential communication from 
  the President, the galleries were cleared by House order. 5 Hinds 
  Sec. Sec. 7247, 7251 (note). Following that period, the practice fell 
  into disuse, remaining dormant for almost a century, and there have 
  been but few secret sessions in the modern era. 6 Cannon Sec. 434.
      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 F. Cas. 141 (C.C.D.C., 1848) (No. 10375); 
  2 Hinds Sec. 1640.

                                 Procedure

      The oath of office taken by elected House officers obligates them 
  to ``keep the secrets of the House'' under rule II clause 1. Manual 
  Sec. 640. Rule

[[Page 441]]

  XVII clause 9, 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 that he believes ought to be kept secret. 
  Manual Sec. 969.
      The House, and not the Committee of the Whole, determines whether 
  to conduct a secret session under rule XVII clause 9. Manual Sec. 969; 
  Deschler-Brown Ch 29 Sec. 85.6. Provision for the session is generally 
  made pursuant to a motion considered in the House. See Sec. 64, infra. 
  The material to be presented in the secret session is not required to 
  be relevant to any particular legislation. Deschler-Brown Ch 29 
  Sec. 85.9. No point of order lies in the secret session that the 
  material in question must be produced for the Members in advance to 
  determine whether secret or confidential communications are involved. 
  Deschler-Brown Ch 29 Sec. 85.14.
      For procedures governing a secret session of the House called to 
  resolve a conflict between the Permanent Select Committee on 
  Intelligence and the President with respect to disclosure of 
  classified information, see rule X clause 11(g). Manual Sec. 785.

                     Use of Special Orders of Business

      In 1983, for the first time, a secret session was held pursuant to 
  a special rule reported from the Committee on Rules and adopted by the 
  House. The special rule provided for preliminary general debate on a 
  bill in secret session of the Committee of the Whole and for further 
  consideration of the bill in open session of the Committee of the 
  Whole. 98-1, H. Res. 261, July 14, 1983, p 19133. 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 committees 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 that 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. Manual Sec. 969; 
  Deschler-

[[Page 442]]

  Brown Ch 29 Sec. 85.6. The Member offering the motion must qualify by 
  asserting that he himself has a secret communication to make to the 
  House. Deschler-Brown Ch 29 Sec. 85.5. 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. Manual Sec. 969; Deschler-Brown 
  Ch 29 Sec. Sec. 85.7, 85.9.
      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 
  motions are in order only when the Member in control yields for that 
  purpose, apply. Deschler-Brown Ch 29 Sec. 85.13.
      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. Deschler-Brown Ch 29 
  Sec. 85.18.


  Sec. 65 . Secrecy Restrictions and Guidelines

      The Speaker may announce before a secret session commences that 
  the galleries will be cleared. The Speaker also may announce that the 
  Chamber will be cleared of all persons except Members and those 
  officers and employees whose attendance is essential to the 
  functioning of the secret session and so specified by the Speaker, and 
  that all proceedings in the secret session must be kept secret until 
  otherwise ordered by the House. Deschler-Brown Ch 29 Sec. Sec. 85.8, 
  85.9. In one instance, the Speaker directed all officers and employees 
  designated by him as essential to the proceedings to come to the 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. Deschler-Brown Ch 29 Sec. 85.9. 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. Deschler-Brown Ch 29 Sec. 85.10. Under 
  rule XXIII clause 13 (which was added to the Code of Official Conduct 
  in the 104th Congress), all Members, officers, and employees are 
  required to execute an oath before they are given access to classified 
  information. The list of Members signing this oath is published weekly 
  in the Congressional Record. For a discussion of committee meetings in 
  executive session, see Committees.


[[Page 443]]

 
                          CHAPTER 17 - CONTEMPT

                              HOUSE PRACTICE

  Sec. 1.  In General
  Sec. 2.  Statutory Contempt Procedure
  Sec. 3.  -- Duties of the Speaker and U.S. Attorney
  Sec. 4.  -- Defenses; Pertinence Requirement
  Sec. 5.  Purging Contempt
        Research References
          2 Hinds Sec. Sec. 1597-1640; 3 Hinds Sec. Sec. 1666-1724
          6 Cannon Sec. Sec. 332-334
          Deschler Ch 15 Sec. Sec. 17-22
          Manual Sec. Sec. 293-299
          2 USC Sec. Sec. 192, 194


  Sec. 1 . In General

      An individual who fails or refuses to comply with a House subpoena 
  may be cited for contempt of Congress. Eastland v. United States 
  Servicemen's Fund, 421 U.S. 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 (Anderson v. Dunn, 19 U.S. 204 
  (1821)) so far as necessary to preserve and exercise the legislative 
  authority expressly granted (Marshall v. Gordon, 243 U.S. 521 (1917)). 
  However, as a power of self-preservation, a means and not an end, the 
  power does not extend to infliction of punishment. Manual 
  Sec. Sec. 294-296.
      To supplement this inherent power, 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 statutory procedure is the one used in modern practice, but the 
  ``inherent power'' remains available. In one instance, the House 
  invoked both procedures against a witness. 3 Hinds Sec. 1672.
        In contrast, the Senate may invoke its civil contempt statute (2 
  USC Sec. 288d) to direct the Senate legal counsel to bring an action 
  in Federal court

[[Page 444]]

  to compel a witness to comply with the subpoena of a committee of the 
  Senate.
      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. 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, the respondent was 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 U.S. 204 (1821). 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 from executive session. 3 Hinds Sec. 1666. Such powers 
  had been exercised before the adoption of the Constitution by the 
  Continental Congress as well as by England's House of Lords and House 
  of Commons. Jurney v. MacCracken, 294 U.S. 125 (1935).


  Sec. 2 . Statutory Contempt Procedure

                                 Generally

      An alternative statutory contempt procedure was enacted in 1857. 
  Under this statute the wrongful refusal to comply with a congressional 
  subpoena is made punishable by a fine of up to $1,000 and imprisonment 
  for up to one year. A committee may vote to seek a contempt citation 
  against the recalcitrant witness. This action is then reported to the 
  House. 2 USC Sec. 192. If a resolution to that end 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 the House adopted such a resolution 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 subpoena. This was the first occasion on 
  which the House cited a cabinet-level executive branch official for 
  contempt of Congress. Manual Sec. 299; H. Rept. 97-968. In the same 
  Congress, Secretary of the Interior James G. Watt was cited for 
  contempt for withholding from a committee subpoenaed documents and for 
  failure to answer its questions. The

[[Page 445]]

  contempt citation was reported to the House by the oversight and 
  investigations subcommittee through the full Committee on Energy and 
  Commerce. H. Rept. 97-898. An accommodation was reached on the 
  documents, and the House took no action on the report. Similarly, in 
  1998, a committee report recommended the adoption of a resolution 
  finding Attorney General Janet Reno in contempt of Congress for 
  failing to produce documents subpoenaed by the Committee. H. Rept. 
  105-728. 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 subpoena. H. Rept. 98-190. The House then adopted a 
  resolution certifying such refusal to the U.S. Attorney. Manual 
  Sec. 299.

                            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.D.C. 1940). A committee report relating to the refusal of a witness 
  to testify is privileged for consideration in the House if called up 
  by the chairman or other authorized member of the reporting committee. 
  Manual Sec. 299. A report relating to the refusal of a witness to 
  produce certain documents as ordered is also privileged. Deschler Ch 
  15 Sec. 20.9. The report is presented and read. A resolution may then 
  be offered directing the Speaker to certify the refusal to a U.S. 
  Attorney. Id. Such a resolution may be offered from the floor as 
  privileged, because 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. Rule XIII clause 4(a)(2)(D); Manual Sec. Sec. 299, 850.
      A resolution with two resolve clauses separately directing the 
  certification of the contemptuous conduct of two individuals is 
  subject to a demand for a division of the question as to each 
  individual (contempt proceedings against Ralph and Joseph Bernstein, 
  Manual Sec. 299); as is a resolution with one resolve clause 
  certifying contemptuous conduct of several individuals (Manual 
  Sec. 299. But see, Deschler-Brown Ch 30 Sec. 49.1). A contempt 
  resolution may be withdrawn as a matter of right before action 
  thereon. Manual Sec. 299.


  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

[[Page 446]]

  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 F.2d 198 
  (D.C. Cir. 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 
  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; Pertinence Requirement

      The statute that penalizes the refusal to respond to a 
  congressional subpoena 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 that 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 Congress, it must be established that 
  the committee or subcommittee was duly authorized and that its 
  investigation was within the scope of delegated authority. United 
  States v. Seeger, 303 F.2d 478 (2nd Cir. 1962). A clear chain of 
  authority from the House to its committee is an essential element. 
  Gojack v. United States, 384 U.S. 702 (1966).
      The statutory requirement that a question be pertinent is an 
  essential factor in prosecuting the witness for contempt. Pertinence 
  will not be presumed. Bowers v. United States, 202 F.2d 447 (D.C. Cir. 
  1953). The right of a witness to refuse to answer a nonpertinent 
  question is not waived by mere lack of assertion. The committee has a 
  burden to explain to the witness that a question is pertinent and that 
  despite the witness's objection, the committee demands an answer. 
  Barenblatt v. United States, 252 F.2d 129 (D.C. Cir. 1958), aff'd, 360 
  U.S. 109 (1959); Davis v. United States, 269 F.2d 357 (6th Cir. 1959), 
  cert. denied, 361 U.S. 919 (1959).
      In judicial contempt proceedings brought under the statute, 
  constitutional claims and other objections to House investigatory 
  procedures may be raised by way of defense. United States v. House of 
  Representatives, 556 F. Supp. 150 (D.D.C. 1983). The courts must 
  accord the defendant every right ``guaranteed to defendants in all 
  other criminal cases.'' Watkins v. United States, 354 U.S. 178 (1957). 
  All elements of the offense, including willfulness, must be proven 
  beyond a reasonable doubt. Flaxer v. United States, 358 U.S. 147 
  (1958). However, the courts have been extremely reluctant to interfere 
  with the statutory scheme by considering cases brought by

[[Page 447]]

  recalcitrant witnesses seeking declaratory or injunctive relief. See, 
  e.g., Eastland v. United States Servicemen's Fund, 421 U.S. 491 
  (1975); United States v. House of Representatives, 556 F. Supp. 150 
  (D.D.C. 1983).
      During committee proceedings, where a report to the House is 
  contemplated, a witness's defense (including objections based on 
  relevance, attorney-client privilege, or executive privilege) may be 
  considered separately by the committee or may merge in a vote on 
  reporting to the House.
      To justify withholding subpoenaed 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 U.S. 683 (1974). Moreover, noncompliance 
  with a congressional subpoena 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 subpoena has been permitted to 
  comply with its terms before the issuance of an indictment. 3 Hinds 
  Sec. Sec. 1666, 1686. However, once judicial proceedings to enforce 
  the subpoena 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 U.S. 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 U.S. Attorney to the end that contempt proceedings be 
  discontinued. Manual Sec. 299; Deschler Ch 15 Sec. 21. For example, in 
  the 98th Congress, after EPA Administrator Anne M. Gorsuch had been 
  cited in the prior Congress for contempt for failure to produce 
  certain documents to 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. Manual Sec. 299.
      Although 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 giv

[[Page 448]]

  ing testimony before a committee whose questions he had refused to 
  answer. Deschler Ch 15 Sec. 21.


[[Page 449]]

 
              CHAPTER 18 - DELEGATES AND RESIDENT COMMISSIONER

                              HOUSE PRACTICE

  Sec. 1. In General
  Sec. 2. In the House
  Sec. 3. In Committees
  Sec. 4. In Committee of the Whole
        Research References
          1 Hinds Sec. Sec. 400-410
          6 Cannon Sec. Sec. 240-246
          Deschler Ch 7 Sec. 3
          Manual Sec. Sec. 675, 676

  Sec. 1 . In General

                                 Generally

      The Delegates and Resident Commissioner 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, 
  American Samoa, and the District of Columbia, are each represented in 
  the House by a Delegate. Puerto Rico is represented by a Resident 
  Commissioner. Manual Sec. 675. 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), offer 
  motions (2 Hinds Sec. 1291), and raise points of order (6 Cannon 
  Sec. 240). However, he cannot vote in the House (Manual Sec. 675) or 
  serve as its presiding officer (Manual Sec. 970). He may offer any 
  motion a Member may offer, including the motion to adjourn, but not 
  the motion to reconsider, which is itself dependent on the right to 
  vote. 2 Hinds Sec. 1292; Deschler-Brown Ch 29 Sec. 23.65. He may file 
  reports for committees (Manual Sec. 675) 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 450]]

  Sec. 3 . In Committees

      Under rule III clause 3, delegates and the Resident Commissioner 
  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. Manual Sec. 675. 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, an appointment 
  that previously required the permission of the House. Manual Sec. 676.


  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 right to vote as Members, subject to immediate 
  reconsideration in the House where their votes were collectively 
  decisive in the Committee. In the same year, the Speaker was given 
  authority to appoint a Delegate or Resident Commissioner as Chairman 
  of the Committee of the Whole. The constitutionality of that rule was 
  upheld based on the immediate reconsideration feature of the rule. 
  Michel v. Anderson, 14 F.3d 6723 (D.C.Cir. 1994). These provisions 
  were stricken from the rules as adopted in 1995. Manual Sec. 985.



[[Page 451]]

 
           CHAPTER 19 - DISCHARGING MEASURES FROM COMMITTEES

                              HOUSE PRACTICE

  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 Sec. Sec. 1007-1023
          Deschler Ch 18
          Manual Sec. Sec. 892, 1130


  Sec. 1 . In General; Alternative Methods

      There are certain procedures that effectively discharge a 
  committee or that 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 XV clause 2 after the measure has been pending in 
         committee for more than 30 days. Manual Sec. 892; see Sec. 2.
     A motion to discharge the Committee on Rules from a special 
         rule proposing a special order of business for consideration of 
         certain public bills or resolutions under rule XV clause 2 
         after the special rule has been pending before it for seven 
         days.
     The motion to suspend the rules available under rule XV clause 
         1 pursuant to a vote of two-thirds of the Members. Manual 
         Sec. 885.

[[Page 452]]

      Note: The motion to suspend the rules may be applied to unreported 
  measures. 8 Cannon Sec. 3421; generally, see Suspension of Rules.

     The Speaker's referral under rule XII clause 2 of a bill 
         pursuant to time limits that result in the discharge of the 
         bill from committee at the end of the designated time. Manual 
         Sec. 816.
     A resolution reported by the Committee on Rules providing for 
         the consideration 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.

      Note: Although a unanimous-consent request is within the 
  discretion of the Chair, the Speaker will not entertain such a request 
  without the consent of the chairman and ranking minority member of the 
  committee considering the measure and the majority and minority floor 
  leadership. See ``Speaker's guidelines,'' Manual Sec. 956.

     A statutory procedure for discharging certain measures of 
         Congressional disapproval or approval. Manual Sec. 1130; 4 
         Hinds Sec. 4697.

      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 XV clause 2, a Member may file with the Clerk a motion 
  (normally called a discharge petition) to discharge a committee from 
  the consideration of a public bill or resolution that was referred to 
  the committee 30 days prior thereto. Manual Sec. 892. The word 
  ``days'' has been construed to mean legislative days and has been so 
  recodified in rule XV clause 2. Deschler Ch 18 Sec. 3.1 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. Under rule XV clause 2, when 
  the requisite number of signatures are obtained (a majority of the 
  total membership), the motion is entered on the Journal, printed in 
  the Congressional Record, and referred to the Discharge Calendar. 
  Deschler Ch 18 Sec. 1.3. 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 or fourth Monday of a month. The motion 
  is then debated for 20 minutes and voted on. If the motion prevails on 
  a public bill or joint resolution, it is in order

[[Page 453]]

  to proceed to consider the discharged measure pursuant to a motion to 
  that effect. See Sec. 6, infra. If the motion prevails on a special 
  rule, the House proceeds to immediate consideration of the rule. See 
  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 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 on the last day of each week, and 
  signatures are available for public inspection in the Clerk's office 
  on any day of the business week. Manual Sec. 892.

                           Reoffering of Motion

      Under rule XV clause 2, 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.


  Sec. 3 . -- Application and Use; What Measures May Be Discharged

                       Public Bills and Resolutions

      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 proposed to be amended in the committee. 7 Cannon Sec. 1015.
      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. 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. Manual Sec. 892; Deschler Ch 18 Sec. 1.13.

         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 a 
  resolution specified in rule XV clause 2(b)(1)(B). Such a resolution 
  would enable consideration of a reported public bill or public 
  resolution that has been reported by a standing committee or has been 
  referred to a standing committee for 30 legislative days under terms 
  therein specified by the sponsor of the resolution rather than under 
  the general rules of the House. A petition to discharge the Committee 
  on Rules from consideration of a special rule making in order a 
  balanced budget constitutional amendment received the requisite number 
  of signatures on two occasions. Manual Sec. 892.

[[Page 454]]

      The motion applies only to special orders that have been pending 
  before the Committee on Rules for at least seven legislative days. 
  Manual Sec. 892. 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. For example, 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.
      Since the 105th Congress, rule XV clause 2(b)(2) has required that 
  a special rule subject to a discharge motion address the consideration 
  of only one measure and must not propose to admit or effect a 
  nongermane amendment.

                                 Timetable

      The discharge of a measure pursuant to rule XV clause 2 is subject 
  to the following timetable:

     Expiration of 30 legislative days after the measure is 
         referred to committee and the concurrent expiration of seven 
         legislative days after a petition is filed against a special 
         order of business referred to the Committee on Rules. Sec. 2, 
         supra.
     Requisite number of signatures. Sec. 4, infra.
     Expiration of seven legislative days, which begins the day the 
         motion is referred to the discharge calendar. Sec. 6, infra.
     Privilege of motion only on second or fourth Monday of month 
         following expiration of seven-day period. Sec. 6, infra.

  Sec. 4 . -- Signatures Required

      The requirement that a discharge motion 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. 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 those present and voting, a quorum being 
  present. See Voting. However, a hard majority is necessary for a 
  discharge motion because the death or resignation of a signatory of 
  the motion does not invalidate his signature. Deschler Ch 18 Sec. 1.5. 
  To enable a Member elected in a special election to sign a petition, 
  the signature of his predecessor must be removed by the successor. 
  Manual Sec. 892; Deschler Ch 18 Sec. 1.4.
      Rule XV clause 2 requires the preparation of daily cumulative 
  lists of the names of those signing the petition. Such lists must be 
  made available for public inspection.

[[Page 455]]

      Additional signatures are not admitted after the requisite number 
  have been affixed. Deschler Ch 18 Sec. 1.4. Under rule XV clause 2, 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. The signing of discharge motions by proxy is not permitted. 7 
  Cannon Sec. 1014.


  Sec. 5 . -- Privilege and Precedence of Motions

      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 Sec. Sec. 1016, 1017), over unfinished business 
  (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 by unanimous consent. Deschler Ch 18 Sec. 3.8.


  Sec. 6 . -- Calling Up and Debating the Motion

                                 Generally

      Under rule XV clause 2, a motion to discharge that 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. 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. The House may dispense 
  with a motion to discharge by unanimous consent and agree to consider 
  the underlying matter on a date certain under the same terms as if 
  discharged by motion. Manual Sec. 892.
      To call up the motion, a Member must qualify as having signed the 
  discharge petition. Deschler Ch 18 Sec. 3.6.

                            Intervening Motions

      Rule XV clause 2 does not permit intervening motions except for 
  one motion to adjourn. 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 or to move to postpone consideration thereof 
  to a day certain. Deschler Ch 18 Sec. Sec. 3.14, 3.15.

[[Page 456]]

                             Debate on Motion

      Debate on the motion to discharge is limited to 20 minutes--10 
  minutes under the control of the proponent and 10 minutes under the 
  control of the Member recognized in opposition. Manual Sec. 892. The 
  Speaker has denied recognition for requests to extend the time. 7 
  Cannon Sec. 1010.
      The 20-minute period for debate is divided according to position 
  on 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. Deschler Ch 18 Sec. 3.10.
      A Member recognized to control half of the debate on the motion 
  may yield part of his time to another Member, but that Member may not 
  yield part of that time to a third Member. Deschler Ch 18 
  Sec. Sec. 3.11, 3.12.


  Sec. 7 . -- Consideration of Discharged Measure; Forms

                 Motion to Consider the Discharged Measure

      Under rule XV clause 2, following agreement to a motion to 
  discharge a measure pending before a committee, it is in order for any 
  Member who signed the motion to move to proceed to the immediate 
  consideration of that measure. Deschler Ch 18 Sec. 4.3. The motion to 
  consider the measure is privileged and is decided without debate. 
  Deschler Ch 18 Sec. 4.3. If the motion for immediate consideration is 
  adopted, the legislation is taken up under the general rules of the 
  House. Deschler Ch 18 Sec. Sec. 4.4, 4.6. Otherwise, the discharged 
  measure is referred to its proper calendar. Deschler Ch 18 Sec. 4.7.
      Under the modern practice of the House, most discharge motions 
  propose to discharge the Committee on Rules from further consideration 
  of a resolution pending before that committee. Under rule XV clause 2, 
  if that motion is adopted, the House immediately considers the 
  resolution. The Speaker may not entertain any dilatory or other 
  intervening motion except one motion to adjourn. Deschler Ch 18 
  Sec. 4. Amendments to the resolution are not in order, unless the 
  previous question is not ordered. Manual Sec. 892. If the discharged 
  resolution is adopted, the House then considers the discharged measure 
  under the terms of the resolution.

                 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

[[Page 457]]

  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 offered the 
  motion for its immediate consideration is recognized in the House 
  under the hour rule. Manual Sec. 892. For example, when a joint 
  resolution proposing an amendment to the Constitution was considered 
  in the House pursuant to a motion to discharge, the proponent of the 
  joint resolution was recognized to control one hour of debate. 
  Deschler Ch 18 Sec. 4.6. However, a special order discharged from the 
  Committee on Rules under this procedure normally specifies all the 
  procedures under which the underlying bill is to be considered.
      Under rule XV clause 2, the bill to which the discharge motion 
  applies is read by title only and may not be read in its entirety. 7 
  Cannon Sec. 1019a.
      The point of order provided by rule XXI clause 4--interdicting 
  provisions containing appropriations not reported by the Committee on 
  Appropriations--does not apply to an appropriation in a bill that has 
  been taken away from the committee by the motion to discharge. Manual 
  Sec. 892; 7 Cannon Sec. 1019a.

                                   Form

      Member: Mr. Speaker, pursuant to clause 2 of rule XV, 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.

[[Page 458]]

  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, subject to a two-day notice and scheduling requirement under 
  rule IX. Examples include propositions to discipline a Member and 
  impeachment resolutions. 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 privileged question 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 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 and debatable, that motion is subject 
  to the motion to lay on the table but remains renewable on a 
  subsequent day. Manual Sec. 108; 4 Hinds Sec. 3532; Deschler Ch 18 
  Sec. 5.1.


  Sec. 9 . Discharge of Resolutions of Disapproval; Statutory Motions

      Congressional actions approving or disapproving certain executive 
  branch decisions are sometimes made subject, by statute, to automatic 
  discharge or to a motion to discharge after the lapse of a certain 
  period of time. For various examples, see Manual Sec. 1130.


[[Page 459]]

 
                 CHAPTER 20 - DISTRICT OF COLUMBIA BUSINESS

                              HOUSE PRACTICE

  Sec. 1. In General; Constitutional Background
  Sec. 2. Jurisdiction; When District Business is in Order
  Sec. 3. Privilege; Precedence
  Sec. 4. Consideration; Forms
  Sec. 5. -- Debate
  Sec. 6. Disposition of Unfinished Business
  Sec. 7. Procedure Under Home Rule Act
        Research References
          U.S. Const. art. I, Sec. 8
          4 Hinds Sec. Sec. 3304-3311
          7 Cannon Sec. Sec. 872-880
          Deschler Ch 21 Sec. 5
          Manual Sec. Sec. 135, 894, 1130(5)


  Sec. 1 . In General; Constitutional Background

                                 Generally

      Under the Constitution, the Congress is empowered to ``exercise 
  exclusive Legislation in all Cases whatsoever, over [the District of 
  Columbia].'' U.S. Const. art. I, Sec. 8. Although the Constitution 
  gives ``exclusive'' jurisdiction to the Congress over such 
  legislation, the Congress is not precluded from delegating its powers 
  over the District to a local government. The Supreme Court has 
  indicated that the ``exclusive'' jurisdiction granted was meant to 
  exclude any question of power by adjoining States over the area and 
  was not intended to prevent an appropriate delegation of legislative 
  authority to the District. District of Columbia v. John R. Thompson 
  Company, 346 U.S. 100 (1946); see also Stoutengurgh v. Hennick, 129 
  U.S. 141 (1889).

                                 Home Rule

      Pursuant to its authority under this constitutional provision, 
  Congress provided in 1970 for the people of the District to be 
  represented in the House by a Delegate and for a commission to report 
  to the Congress on the organization of the government of the District. 
  2 USC Sec. 25a. In 1973 Congress passed the District of Columbia Self-
  Government and Govern

[[Page 460]]

  mental Reorganization Act, also known as the District of Columbia Home 
  Rule Act. Pub. L. No. 93-198, 87 Stat. 774 (1973). It reorganized the 
  governmental structure of the District, provided for a charter for 
  local government, delegated certain legislative powers to the 
  District, and implemented certain recommendations of the commission. 
  That Act sets forth a procedure for congressional approval or 
  disapproval of certain actions by the District of Columbia Council. 
  Manual Sec. 1130(5).

                    District of Columbia Appropriations

      Section 446 of the District of Columbia Home Rule Act reserved to 
  Congress the authority to appropriate by law all Federal and local 
  funds for the District. As a result, general matters relating to the 
  District of Columbia are most frequently considered in the context of 
  the annual general appropriation bill for the District of Columbia, 
  albeit often in the form of legislation in violation of rule XXI 
  clause 2.


  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. Rule X clause 
  1(h).
      Rule XV clause 4 sets apart the second and fourth Mondays in each 
  month for the consideration of District business, if claimed by the 
  committee, to be considered after the disposition of motions to 
  discharge and referral business on the Speaker's table. District of 
  Columbia business is in order on one of the designated Mondays after 
  other more privileged business, such as a motion to suspend the rules, 
  and the fact that the House has considered some District business 
  before such a motion does not affect the eligibility of further such 
  business after suspensions have been completed. Manual Sec. 894.
      District Day may be transferred to another day not specified in 
  the controlling rule either by unanimous consent or by special order 
  from the Committee on Rules. Deschler Ch 21 Sec. 5.12.


  Sec. 3 . Privilege; Precedence

      The consideration of District business on the specified days is of 
  qualified privilege only. Deschler Ch 21 Sec. 5. District business 
  yields to:

     Questions as to the privilege of the House. Deschler Ch 21 
         Sec. 5.3.
     Referral business on the Speaker's table. Manual Sec. 894; 
         Deschler Ch 21 Sec. 5.
     Conference reports. 8 Cannon Sec. 3292; Deschler Ch 21 Sec. 5.

[[Page 461]]

     A privileged resolution on the order of business from the 
         Committee on Rules. Deschler Ch 21 Sec. 5.4.
     Motions to suspend the rules (within the discretion of the 
         Speaker). Deschler Ch 21 Sec. 5.1.
     Motions to discharge. Manual Sec. 894; 7 Cannon Sec. 872.
     Motions to resolve into the Committee of the Whole for the 
         consideration of appropriation bills. 6 Cannon Sec. Sec. 716-
         718; 7 Cannon Sec. 876; Deschler Ch 21 Sec. 5.

      On a District Day a motion to go into the Committee of the Whole 
  to consider District business and a motion to go into the Committee to 
  consider business generally privileged under a special order are of 
  equal privilege, and recognition to move either is within the 
  discretion of the Chair. 7 Cannon Sec. 877.


  Sec. 4 . Consideration; Forms

                                 Procedure

      Business reported by committee relating to the District of 
  Columbia is normally taken up for consideration in the House as in the 
  Committee of the Whole. Deschler Ch 21 Sec. 5.7. If such business is 
  on the Union Calendar, it also may be considered in Committee of the 
  Whole by motion (Deschler Ch 21 Sec. 5.9), by unanimous consent 
  (Deschler Ch 21 Sec. 5.7), or by a special order (Deschler Ch 21 
  Sec. 5.15).
      The question of consideration may not be raised against District 
  business generally, but may be raised against a particular bill when 
  presented. 4 Hinds Sec. Sec. 3308, 3309.

                               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 
  also may be considered, by unanimous consent, in the House as in the 
  Committee of the Whole. Deschler Ch 29 Sec. 5.8.

                                   Form

                           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 District of Columbia 
    business on the Calendar.

      Note: The motion to go into the Committee of the Whole is not 
  debatable, is not subject to amendment, and may

[[Page 462]]

  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, equally divided and controlled by 
    myself and the gentleman from  __________, Mr.  __________.

      Note: General debate in the Committee of the Whole may be limited 
  and divided in the House by unanimous consent, but a motion to limit 
  such debate is not in order until after general debate has begun and 
  the Committee rises. See Consideration and Debate.

               In the House as in the Committee of the Whole

      Speaker: This is District of Columbia day. The Chair recognizes 
    the gentleman from  __________, chairman of the Committee on 
    Government Reform.
      Member: Mr. Speaker, by direction of the Committee on Government 
    Reform, I call up the bill (H.R.__________) to  
    ______________________.
      Speaker: The Clerk will report the title of the bill.
      Member (after the reading): I ask unanimous consent that the bill 
    be considered in the House as in the Committee of the Whole.


  Sec. 5 . -- Debate

      Members of the committee with jurisdiction over District of 
  Columbia business have precedence in recognition for debate during 
  consideration of District business. 7 Cannon Sec. 875. General debate 
  in the Committee of the Whole is under the hour rule unless otherwise 
  provided by the House or the Committee. 7 Cannon Sec. 874; Deschler Ch 
  21 Sec. 5.7 (note). Such debate properly alternates between those 
  favoring and those opposing the pending proposition. Debate is general 
  debate and is not confined to the bill under consideration. 7 Cannon 
  Sec. 875. Where the bill is considered in the House as in the 
  Committee of the Whole, as is usually the case by unanimous consent, 
  there is no general debate. The bill is considered as read, and debate 
  and amendments proceed immediately under the five-minute rule. See 
  Committees of the Whole.


  Sec. 6 . Disposition of Unfinished Business

      District business that is unfinished on a day assigned to the 
  committee with jurisdiction normally goes over to the next eligible 
  day for that committee. 4 Hinds Sec. 3306. Accordingly, unless the 
  previous question has been ordered, unfinished business on District 
  Day does not come again before the House until the next District Day 
  (Deschler Ch 21 Sec. 5.13), at which time it must be affirmatively 
  called up by the Member in charge (Deschler Ch

[[Page 463]]

  21 Sec. 5.14). Unfinished business on one District Day does not come 
  up on the next District Day unless called up by the committee. Manual 
  Sec. 894; 4 Hinds Sec. 3307; 7 Cannon Sec. Sec. 879, 880.


  Sec. 7 . Procedure Under Home Rule Act

      Under the District of Columbia Home Rule Act, the Congress retains 
  control over amendments to the District of Columbia Charter. An 
  amendment to the District of Columbia Charter is deemed repealed if 
  within 35 days a joint resolution disapproving such amendment is 
  enacted. Likewise, the enactments of the District of Columbia Council, 
  with certain exceptions, are deemed repealed if the Congress within a 
  specified period enacts a joint resolution of disapproval thereof. In 
  the House, such resolutions are referred to the Committee on 
  Government Reform. A privileged motion to discharge that committee is 
  authorized under certain circumstances where matters affecting the 
  District of Columbia Criminal Code are involved. The motion is 
  debatable under the hour rule. The motion is privileged if made after 
  the 20-day period specified by the Home Rule Act. District of Columbia 
  Home Rule Act, Sec. Sec. 303, 602, 604; Manual Sec. 1130(5).
      The present Home Rule Act requires that congressional disapproval 
  be expressed in a joint resolution (a concurrent resolution was 
  formerly permitted). Manual Sec. 1130(5). For a discussion of the 
  validity and constitutionality of resolutions of disapproval, see 
  Congressional 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. Manual Sec. 1130(5).
      When the committee has reported the resolution, or has been 
  discharged from its consideration, it is in order to move to consider 
  the resolution. This motion is highly privileged and is not debatable 
  or amendable. Debate on the resolution is limited to not more than 10 
  hours, to be equally divided. Motions to further limit debate are 
  permitted but are themselves not debatable. The resolution is not 
  subject to amendment or recommittal. Motions to postpone or to proceed 
  to the consideration of other business are not debatable. Manual 
  Sec. 1130(5).


[[Page 465]]

 
              CHAPTER 21 - DIVISION OF THE QUESTION FOR VOTING

                              HOUSE PRACTICE

              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; Motions to Instruct Conferees
  Sec. 14. Motions to Table
  Sec. 15. Senate Amendments

              C. Consideration of Divided Propositions

  Sec. 16. In General
        Research References
          5 Hinds Sec. Sec. 6106-6162
          8 Cannon Sec. Sec. 3163-3176
          Deschler-Brown Ch 30 Sec. Sec. 42-52
          Manual Sec. Sec. 480-482, 919-921


[[Page 466]]




                               A. Generally


  Sec. 1 . In General; Form

      Under rule XVI clause 5, a question that consists of two or more 
  separable substantive propositions is subject to a division of the 
  question, if demanded, so as to obtain a separate vote on each 
  proposition. Deschler-Brown Ch 30 Sec. 42. The procedure is applicable 
  in the Committee of the Whole as well as in the House. See, e.g., 
  Deschler-Brown Ch 29 Sec. 42.12.
      The rule prohibits its application to special orders of business 
  from the Committee on Rules, to propositions electing Members to 
  standing or joint committees, and to a motion to strike and insert. 
  Manual Sec. 919. 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 both grammatically and 
  substantively, so that if one proposition is rejected, a separate 
  proposition logically will remain. Manual Sec. 921; 8 Cannon 
  Sec. 3165; Deschler-Brown Ch 30 Sec. Sec. 42.1, 42.3. 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 Sec. Sec. 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 
  Sec. Sec. 3165, 3167. However, in dividing a question into separate 
  propositions, some restructuring of the language used is in order. 
  Manual Sec. 921; 5 Hinds Sec. Sec. 6114-6118.


  Sec. 3 . Demanding a Division

      A request for a division of the question does not require 
  unanimous consent, and no motion is made. Deschler-Brown Ch 30 
  Sec. 42.4. 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. . . .
      Speaker: The gentleman requests a division, and that portion of 
    the amendment will be divided for a separate vote.
      [Or]

[[Page 467]]

      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 even after the 
  previous question has been ordered. 5 Hinds Sec. Sec. 5468, 6149; 8 
  Cannon Sec. 3173. Under rule XVI clause 5, the demand for a division 
  is in order before the question is put to the House for a vote. 
  Deschler-Brown Ch 30 Sec. 42.4. The question may not be divided after 
  it has been put or after the yeas and nays have been ordered. 5 Hinds 
  Sec. Sec. 6160-6162. 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. However, 
  this is permitted only by unanimous consent once the Chair has put the 
  question on the first portion to be voted on. Manual Sec. 921; 
  Deschler-Brown Ch 30 Sec. 42.11.


                  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 imposed by rule XVI. Sec. 2, supra. Certain House 
  resolutions--whether simple or concurrent--are subject to the demand 
  when the question is put on agreeing thereto. Sec. 5, infra. However, 
  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 or on its preamble. 5 Hinds Sec. Sec. 6144-6147; 8 Cannon 
  Sec. 3172. 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.
      The question of engrossment and third reading of a bill under rule 
  XVI clause 8 is not subject to a demand for a division of the 
  question. Manual Sec. 943. Certain amendments, such as a compound 
  motion to strike (Sec. 10, infra), may be divided. However, most other 
  motions are not divisible. A motion for the previous question on a 
  proposition and an amendment thereto is not divisible. Manual 
  Sec. 996; Deschler-Brown Ch 30 Sec. 46.1. 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.

[[Page 468]]

                                  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. 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 or includes a separate, hortatory section having its own 
  grammatical and substantive meaning. Manual Sec. 921; Deschler-Brown 
  Ch 30 Sec. 42.5. 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. Manual Sec. 921; 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 because 
  these questions are substantively equivalent. Deschler-Brown Ch 30 
  Sec. 42.2. An adjournment resolution that also authorizes the receipt 
  of veto messages from the President during the adjournment is not 
  subject to a division of the question, as the receipt authority would 
  be nonsensical standing alone. Manual Sec. 921.
      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

      Under rule XVI clause 5, a resolution electing Members to standing 
  or joint committees is not divisible. However, other types of 
  resolutions relating to two or more named individuals may be divided 
  for the purpose of voting. Deschler-Brown Ch 30 Sec. 49. For example, 
  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. Deschler-Brown Ch 30 
  Sec. 49.2. A resolution with two resolve clauses separately certifying 
  the contemptuous conduct of two individuals is divisible. Manual 
  Sec. 921. Similarly, a resolution with one resolve clause certifying

[[Page 469]]

  contemptuous conduct of several individuals may be divisible. Manual 
  Sec. 299. But see, Deschler-Brown Ch 30 Sec. 49.1.
      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 Sec. Sec. 6114-6118.


  Sec. 7 . -- Special Orders

      Under rule XVI clause 5, resolutions reported from the Committee 
  on Rules providing a special order of business are not divisible. 
  However, other types of special rules from that committee are subject 
  to a demand for a division where the resolution contains separate and 
  distinct substantive propositions. 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. Manual Sec. 921.


  Sec. 8 . Amendments

                                 Generally

      Rule XVI clause 5 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. A division is in 
  order on an amendment if the amendment contains propositions so 
  distinct in substance that, one being taken away, a substantive 
  proposition remains. Manual Sec. 921; Deschler-Brown Ch 30 Sec. 42.13. 
  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. Deschler-Brown Ch 30 
  Sec. 49.4. An amendment in the form of a motion to strike and insert 
  is not divisible. See Sec. 11, infra.

               Amendments Taken Up in Committee of the Whole

      The rule permitting a division of the question is applicable to an 
  amendment (other than a motion to strike and insert) consisting of two 
  or more substantive propositions under consideration in the Committee 
  of the Whole. Deschler-Brown Ch 30 Sec. 43. A request for a division 
  of the question on such an amendment may be made at any time before 
  the Chair puts the question thereon. 5 Hinds Sec. 6162. An amendment 
  reported to the House from the Committee of the Whole as a discrete 
  amendment is not subject to a division of the question in the House. 4 
  Hinds Sec. Sec. 4883-4892; generally, see Committees of the Whole.

[[Page 470]]

               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 Sec. Sec. 6129, 6133. However, an amendment in the nature of a 
  substitute is not subject to a demand for a division of the question. 
  5 Hinds Sec. 6127; 8 Cannon Sec. 3168. The division of a motion to 
  strike 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). Manual 
  Sec. 921.
      A negative vote on a motion to strike 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. Deschler-Brown Ch 30 Sec. 43.1.


  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. 
  Deschler-Brown Ch 30 Sec. Sec. 43.4-43.6. 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. Deschler-
  Brown Ch 30 Sec. 43.4. 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 clause 2(f), are 
  not subject to a demand for division of the question in the House or 
  in the Committee of the Whole.


  Sec. 10 . Motions to Strike

      A motion to strike various separate provisions of a pending 
  proposition may be divided for purposes of voting. 8 Cannon Sec. 3166. 
  Thus, an amendment proposing to strike two or more sections of a 
  pending amendment may be divided in order to obtain separate votes on 
  the proposal to strike each section. Manual Sec. 921. However, an 
  amendment proposing to strike a provision in a bill--and to 
  redesignate subsequent paragraphs accordingly--is not subject to a 
  demand for a division because it contains only one substantive 
  proposition. 93-2, Dec. 10, 1974, p 38746. A motion to strike is not 
  grammatically divisible. However, where there is pending a motion to 
  strike a pending provision, a perfecting amendment to the underlying 
  text may be

[[Page 471]]

  offered to strike a lesser portion of the provision; and the 
  perfecting amendment is voted on first. Deschler Ch 27 
  Sec. Sec. 17.26, 24.13.


  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 and insert is precluded by rule XVI 
  clause 5(c). Manual Sec. 920. The indivisibility of a motion to strike 
  and insert under clause 5(c) operates not only between the branches of 
  the motion but also within each branch. 8 Cannon Sec. 3169; see also 5 
  Hinds Sec. 6124. An amendment comprising two discrete instructions to 
  strike and insert may be divided. Manual Sec. 921.
      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 and insert. Manual 
  Sec. 920.


  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 Sec. Sec. 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; Motions to Instruct Conferees

      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. Manual Sec. 921; 5 Hinds 
  Sec. Sec. 6134-6137; 8 Cannon Sec. 3170. However, an amendment 
  reported forthwith pursuant to instructions contained in a successful 
  motion to recommit may be divided on the question of its adoption if 
  composed of substantively and grammatically distinct propositions. 
  Manual Sec. 921.
      Instructions in a motion to recommit a conference report may not 
  be divided. Deschler-Brown Ch 30 Sec. 45.2. However, a division has 
  been permitted under rule XXII clause 7(c) (which permits multiple 
  motions to instruct after the conferees have failed to report for 20 
  calendar days and 10 legislative days), provided separate substantive 
  propositions are presented. Manual Sec. 921.

[[Page 472]]

  Sec. 14 . Motions to Table

      Because 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 Sec. Sec. 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 Sec. Sec. 6151, 6156. The 
  amendment must be voted on as a whole. 8 Cannon Sec. 3175. However, 
  when two or more Senate amendments are considered en bloc in the 
  House, a separate vote may be had on each amendment. 8 Cannon 
  Sec. Sec. 2383, 2400, 3191. After the stage of disagreement, rule XXII 
  clause 10 permits separate votes on rejecting nongermane portions of 
  Senate amendments. 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. Manual Sec. 921. However, such a 
  motion may not be divided between concurring and amending. 8 Cannon 
  Sec. 3176.
      A proposed House amendment to a Senate amendment is not divisible 
  if the House amendment is in the form of a motion to strike and 
  insert, as such motions are specifically indivisible under House rule. 
  Deschler-Brown Ch 30 Sec. 48; Sec. 11, supra.

                       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 
  Sec. Sec. 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 Sec. Sec. 6209-6211; 8 Cannon Sec. 3198), even after 
  the previous question has been ordered on both motions (Manual 
  Sec. 525).

[[Page 473]]

                 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. Even 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. 921.
      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 may remain 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 may put 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. 
  Manual Sec. 921. 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. Manual Sec. 921.
      Where the question on adopting an amendment is divided by special 
  rule (rather than on demand from the floor), the Chair puts the 
  question on each divided portion of the amendment in the order in 
  which it appears. Manual Sec. 921.

                                  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, division vote, or record vote. See Voting. The motion to 
  reconsider applies separately to each portion of the divided question 
  and continues to be available even after disposition of a motion to 
  reconsider only one portion of the divided question. However, 
  frequently the motion to reconsider each portion is laid on the table 
  en bloc by unanimous consent. 5 Hinds Sec. 5609; 105-2, Dec. 19, 1998, 
  p ____.


[[Page 475]]

 
                CHAPTER 22 - ELECTION CONTESTS AND DISPUTES

                              HOUSE PRACTICE

  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
          U.S. Const. art. I, Sec. 5
          1 Hinds Sec. Sec. 634-755
          6 Cannon Sec. Sec. 90-189
          Deschler Ch 9
          Manual Sec. Sec. 701, 724, 853


  Sec. 1 . In General

      Contests for seats in the House are governed by the Federal 
  Contested Elections Act. 2 USC Sec. 381. 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 hearing by the Committee on House 
  Administration on the depositions and other papers that have been 
  filed with the Clerk. 2 USC Sec. Sec. 381-396. Acting on committee 
  reports, the House then disposes of the case by resolution. See 
  Sec. 4, infra.
      The grounds for an election contest and the defenses available to 
  the contestee, as well as the process of taking 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 from the 65th Congress (1917) 
  through the 92d Congress (1972).
      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, e.g., H.

[[Page 476]]

  Rept. 99-58. An investigation of a challenged election has been 
  initiated pursuant to:

     An action by the House in directly referring to the Committee 
         on House Administration the question of a Member-elect's right 
         to a seat. Deschler Ch 2 Sec. 6.
     A protest filed by an elector of the district concerned. 
         Deschler Ch 9 Sec. 17.1.
     A petition filed by another person challenging the 
         qualifications of the Member-elect. Deschler Ch 9 Sec. 17.3.

  The latter two procedures have rarely been invoked, however, and they 
  preceded the adoption of the modern contested election statute.

      The right to a seat in the House also may be affected by House 
  action on a motion to expel, where a sitting Member's behavior or 
  conduct is at issue. See Ethics; Committee on Standards of Official 
  Conduct.


  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 Sec. Sec. 90-92. The 
  determination by the House as to the right to a seat is final, being 
  considered a nonjusticiable political question. Roudebush v. Hartke, 
  405 U.S. 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 candidate. Deschler Ch 9 Sec. 4.1. Ordinarily, the papers 
  relating to the contest are transmitted by the Clerk to the Committee 
  on House Administration (the committee with jurisdiction over 
  elections contests under rule X clause 1(i)). Such transmission is 
  pursuant to the statute and needs no formal referral or other action 
  by the House. 2 USC Sec. 393(b); Deschler Ch 9 Sec. 4. 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 also may summarily dismiss a contest by resolution. Deschler Ch 
  9 Sec. Sec. 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 477]]

      Election contests may be investigated by a special committee, by a 
  subcommittee of the Committee on House Administration, or by ad hoc 
  panels. Deschler Ch 9 Sec. Sec. 5.2-5.4.

                             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 
  remedies to secure a recount under State law and that evidence and 
  testimony have been taken in the matter. Deschler Ch 9 Sec. Sec. 41.1, 
  41.3. Although the committee with jurisdiction has authority to 
  require a recount of votes for a contested seat in the House, the 
  committee may decline to order such a recount where the highest court 
  of the State has conducted a recount and where the contestant has not 
  demonstrated 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. 382(a). 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. 381(2). 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 predecessor contested election statute. Deschler Ch 9 
  Sec. 19.01. Similarly, the House has dismissed a contest filed by one 
  who was a candidate in a special election to fill a vacancy but was 
  not a candidate in a succeeding run-off election. 95-1, Oct. 27, 1977, 
  p 35408.
      A lack of standing of a contestant to initiate the contest is a 
  defense that 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 article I, section 5 of the Constitution and rule IX, the 
  consideration of a contested election case constitutes a question of 
  privilege. 3 Hinds Sec. Sec. 2579, 2580, 2626. It takes precedence 
  over the consideration of veto messages from the President (5 Hinds 
  Sec. Sec. 6641, 6642), special orders (3 Hinds Sec. 2554), and 
  business in order on Calendar Wednesday (8 Cannon Sec. 2276).

[[Page 478]]

                          Reports and Resolutions

      The House generally disposes of election contests by acting on a 
  resolution, which under the modern practice is reported from the 
  Committee on House Administration. Manual Sec. 724. A resolution is 
  used to dispose of the case even where dismissal has been stipulated 
  by the parties. Deschler Ch 9 Sec. 52.5.
      Under rule XIII clause 5, committee reports relating to the right 
  of Members to their seats are privileged and are so reported from the 
  floor. Manual Sec. 853. Resolutions disposing of an election contest 
  also are questions of privilege and may be called up any time. 105-2, 
  Feb. 12, 1998, p ____. However, unreported resolutions are subject to 
  the notice requirement of rule IX. Manual Sec. 701; Deschler Ch 9 
  Sec. Sec. 42.3, 42.4.
      The resolution may:

     Declare one of the parties entitled to the seat. Deschler Ch 9 
         Sec. Sec. 42.2, 62.2.
     Declare one of the parties not competent to bring the contest. 
         Deschler Ch 8 Sec. 13.1.
     Declare that neither party be seated pending a committee 
         investigation. Deschler Ch 9 Sec. 42.15.
     Declare the seat vacant. Deschler Ch 9 Sec. Sec. 42.11, 42.12.
     Dispose of the contest upon expiration of a specified day. 
         Manual Sec. 701.
     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 8 Sec. 13.4; Deschler Ch 9 Sec. Sec. 45.1-45.6; 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. 383(b). Such a 
  motion may be acted on by the House pursuant to a privileged 
  resolution reported from the Committee on House Administration. Manual 
  Sec. Sec. 850, 853.
      Under this statute, the burden of proof is on the contestant to 
  present sufficient evidence, even before the formal submission of 
  testimony, to overcome the motion to dismiss. Deschler Ch 9 Sec. 35.7. 
  A motion to dismiss will lie where the contestant has not adduced 
  evidence or forwarded testimony in the manner prescribed by law or has 
  failed to demonstrate that there is some documentable basis for his 
  allegations. Deschler Ch 9 Sec. Sec. 25.1-25.5. Under the statute, the 
  contestant has the burden of proving sufficient evidence to show that 
  the result of the election would be changed or that the House should 
  conduct a complete recount. 95-1, May 9, 1977, p 13954; 99-

[[Page 479]]

  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. 
  Where the number of illegal votes shown by clear and convincing 
  evidence to have been cast in an election is less than the total 
  margin of victory of the contestee, the House may adopt the 
  recommendation of the Committee on House Administration dismissing the 
  election contest. The clear and convincing standard was used rather 
  than a proportionate reduction methodology that would have allocated 
  the illegal votes scientifically between the parties. 105-2, Feb. 12, 
  1998, p ____.


  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 considered 
  as ordered at the conclusion thereof. Deschler Ch 9 Sec. Sec. 42.9, 
  59.1. The Member supporting the recommendation of the committee in the 
  contest is entitled to close debate. Deschler Ch 9 Sec. 42.8.
      The resolution may be subject to a 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. Deschler-Brown Ch 29 
  Sec. 30.8. The resolution is not subject to amendment unless the 
  Member controlling the time for debate yields for that purpose or the 
  previous question is voted down. Deschler Ch 9 Sec. 42.17. Where the 
  previous question is ordered on both the resolution of dismissal and 
  on the preamble, the preamble is not separately voted on or amended 
  except as part of a motion to recommit. 105-2, Feb. 12, 1998, p ____.

                       Participation by the Parties

      If not a sitting Member, the contestant in an election contest may 
  be permitted on the floor under rule IV clause 2 during the 
  consideration of the case in the House but must abide by the rules of 
  proper decorum. Manual Sec. 622; Deschler Ch 4 Sec. 4.5; Deschler Ch 9 
  Sec. 42.6. Furthermore, such

[[Page 480]]

  contestant is not allowed to participate in the debate absent an order 
  of the House. 1 Hinds Sec. Sec. 662, 666.
      A contestee, if a sitting Member, may participate in debate on the 
  resolution disposing of the contest or insert remarks in the 
  Congressional Record. Deschler Ch 9 Sec. Sec. 42.6, 42.7; 105-2, Feb. 
  12, 1998, p ____. Such contestee also may vote on the resolution. 99-
  1, Oct. 2, 1985, p 25670.


[[Page 481]]

 
                    CHAPTER 23 - ELECTION OF MEMBERS

                              HOUSE PRACTICE

  Sec. 1.  In General
  Sec. 2.  Campaign Practices
  Sec. 3.  Certificates of Election
  Sec. 4.  Resignations; Deaths; Filling Vacancies
        Research References
          U.S. Const. art. I, Sec. 5, cl. 1
          1 Hinds Sec. Sec. 277-633
          6 Cannon Sec. Sec. 38-89
          Deschler Ch 8


  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 Sec. Sec. 5, 7. However, under article I, section 5, clause 1 of 
  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. 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. Although other methods for apportioning 
  House seats may be permitted, the equal proportions method chosen by 
  Congress has been

[[Page 482]]

  upheld under the Constitution and was plainly intended to reach as 
  close as practicable the goal of ``one person, one vote.'' 
  Massachusetts v. Mosbacher, 785 F. Supp. 230 (D. Mass. 1992), rev'd on 
  other grounds Franklin v. Massachusetts, 505 U.S. 788 (1992). The 
  courts also have recently upheld under Federal law and the 
  Constitution a counting methodology used by the Census Bureau in a 
  decennial census. This method, known as ``imputation,'' was held to be 
  different than ``sampling,'' a method prohibited under section 195 of 
  title 13, United States Code. Utah v. Evans, 536 U.S. 452 (2002). The 
  method of apportioning the seats in the House is vested exclusively in 
  Congress, and neither States nor courts may direct greater or lesser 
  representation than that allocated by statute. Deschler Ch 8 Sec. 1. 
  The States create their own congressional districts, which must be 
  redrawn after reapportionment so that each district is as equally 
  populated as practicable. Manual Sec. 229.
      Section 2a of title 2, United States Code, mandates the manner in 
  which a State must conduct an election after any apportionment but 
  before the State is redistricted. Section 2a addresses an election 
  where the number of Representatives has not changed, has increased, or 
  has decreased. The authority under section 2a(c) of title 2 for a 
  State to retain an at-large seat pending its redistricting should be 
  read in light of section 2c of title 2, which requires all States 
  entitled to more than one seat to elect representatives only from 
  single-Member districts. Manual Sec. 227.
      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 also has been considered in the Committee 
  of the Whole. Deschler Ch 8 Sec. 2.5. Under rule X clause 1(k), 
  proposals relating to apportionment are within the jurisdiction of the 
  Committee on the Judiciary.


  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 Sec. 431.
      The Federal Election Commission is the agency empowered with 
  primary jurisdiction over the administration, interpretation, and 
  civil enforcement of the Federal Election Campaign Act. Federal 
  Election Comm'n v. American Intern. Demographic Services, Inc., 629 F. 
  Supp. 317 (E.D. Va. 1986). However, the House itself has the power to 
  judge elections and to

[[Page 483]]

  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.
      Under rule X clause 1(i), the Committee on House Administration 
  has 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. Investigations of specific elections or election 
  practices usually are undertaken by that committee. See, e.g., 105-2, 
  H. Res. 355, Feb. 12, 1998, p 453. Investigations of Members' 
  elections may be conducted under the statutory election-contest 
  procedures or offered on the floor of the House as questions of 
  privilege. Manual Sec. 701; see Election Contests and Disputes. 
  Formerly, investigations were undertaken by select committees created 
  to review election campaigns and proceedings, which were created by 
  privileged resolution reported from the Committee on Rules. Deschler 
  Ch 15 Sec. 1.3. Under the modern practice, investigations are 
  undertaken by the Committee on House Administration.
      A Member's resignation during an investigation effectively 
  terminates the investigation, because the Committee on House 
  Administration has no further jurisdiction in the matter thereafter. 
  95-1, May 4, 1977, p 13391.
      Under rule XIII clause 5, a resolution reported from the Committee 
  on House Administration relative to the right of a Member to his seat 
  is considered as privileged. Deschler Ch 8 Sec. 13.5.


  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. Although 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. For a discussion of 
  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. 
  Deschler Ch 8 Sec. 17.1. However, if a certificate is challenged 
  through an election contest or by an allegation of election 
  irregularities, the House may authorize the Member-elect to be sworn 
  but

[[Page 484]]

  provide that his final right to the seat be referred to committee. 
  That procedure often is followed where a certificate is on file in 
  order not to deprive a State of representation in the House because of 
  protracted proceedings. Deschler Ch 8 Sec. 16.4. Another procedural 
  option that may be pursued by the House is to declare that neither 
  candidate be sworn and that the question of prima facie and final 
  right to the seat be referred to committee. Manual Sec. 204.
      A circumstance which may require the nullification of a 
  certificate is the intervening death or disappearance of the Member-
  elect named therein. Deschler Ch 2 Sec. Sec. 4.8, 4.9.
      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. Manual Sec. 204. A photographic copy of the 
  original certificate has been accepted without invoking the unanimous-
  consent procedure. 106-1, June 8, 1999, p 3773. In some cases where a 
  certificate is delayed, the State represented will deliver informal 
  communications to the House attesting to the validity of the election 
  of the Member-elect. The House may accept such communications by 
  unanimous consent in the absence of a certificate. Deschler Ch 2 
  Sec. 3.3. Even where a Member-elect arrives without a certificate and 
  his election is disputed, the House may by resolution authorize him to 
  be sworn. Deschler Ch 8 Sec. 17.2.


  Sec. 4 . Resignations; Deaths; 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. Manual Sec. 19; 1 Hinds Sec. 567.
      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. The State 
  executive then issues a writ of election to fill the vacancy. U.S. 
  Const. art. I, Sec. 2, cl. 4. 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. Deschler Ch 8 Sec. 9.5. 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.

[[Page 485]]

   The State executive also is notified where the Member purports to 
  resign directly to the Speaker, rather than to the Governor of his 
  State as is customary.
      Under rule XX clause 5, in the case of the death of a Member, the 
  Speaker may lay before the House such documentation from Federal, 
  State, or local officials as he deems pertinent.
      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. Manual Sec. 22. In one instance, a letter to the Speaker from 
  the attending physician was inserted in the Congressional 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. Manual 
  Sec. 205. The House, by declaring the seat vacant by majority vote, 
  was in effect judging a constitutional qualification of the Member; 
  that is, the requirement that she take the the oath. The resolution 
  was not tantamount to an expulsion, which requires a two-thirds vote 
  to adopt.
      The House recently adopted a resolution expressing the sense of 
  the House that each State should examine its existing statutes, 
  practices, and procedures governing special elections so that, in the 
  event of a catastrophe, vacancies in the House may be filled in a 
  timely fashion. 107-2, H. Res. 559, Oct. 2, 2002, p ____.


[[Page 487]]

 
  CHAPTER 24 - ELECTORAL COUNTS; SELECTION OF PRESIDENT AND VICE PRESIDENT

                              HOUSE PRACTICE

  Sec. 1. In General; Election of President and Vice President
  Sec. 2. Joint Session to Count the Electoral Vote
  Sec. 3. Consideration of Certificates of Electors
  Sec. 4. Presidential Disability; Filling Vice Presidential Vacancies
        Research References
          U.S. Const. amend. XII
          3 Hinds Sec. Sec. 1911-1980
          6 Cannon Sec. Sec. 438-441
          Deschler Ch 10
          Manual Sec. Sec. 219-223


  Sec. 1 . In General; Election of President and Vice President

      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 to 
  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, and 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 Sec. Sec. 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 instances in which the result of the electoral 
  vote has differed from the result of the popular vote. 3 Hinds 
  Sec. Sec. 1953-1956; 107-1, Jan. 6, 2001, p ____. 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 procedures governing the electoral count (as enacted in 
  1887 and codified in chapter 1 of title 3 of the United States Code), 
  certificates identifying the electors are prepared and transmitted to 
  the Archivist. 3 USC Sec. 6. The electors of each State meet and vote 
  on the first Monday after the

[[Page 488]]

  second Wednesday in December at a place designated by the State 
  legislature. 3 USC Sec. 7. 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; 3 USC Sec. Sec. 8-11.
      Under earlier procedure (before the Act of 1887), bills relating 
  to the electoral vote count were considered of high constitutional and 
  parliamentary privilege. 3 Hinds Sec. 2578. Resolutions relating to 
  the method of examining the electoral votes, or to procedural 
  irregularities or fraud in connection therewith, also were considered 
  as privileged. 3 Hinds Sec. Sec. 2573, 2576, 2577. The procedures 
  established in the Act of 1887 rendered these precedents largely 
  obsolete. 3 USC Sec. Sec. 1-19.
      When addressing a dispute over the election of President and Vice 
  President in the state of Florida, the Supreme Court indicated its 
  view of a section of the statute addressing a State's ability to 
  determine ``controversy or contest' as to the appointment of electors. 
  3 USC Sec. 5; Bush v. Palm Beach County Canvassing Bd., 531 U.S. 70 
  (2000). Ultimately, the Supreme Court found that the Florida Supreme 
  Court violated the Equal Protection Clause of the 14th amendment by 
  ordering certain counties to conduct manual recounts of the votes for 
  President and Vice President without establishing standards for those 
  recounts. Bush v. Gore, 531 U.S. ---- (2000).


  Sec. 2 . Joint Session to Count the Electoral Vote

      The electoral count occurs in a joint session of the two Houses in 
  the Hall of the House at 1 p.m. on the sixth day of January succeeding 
  every meeting of electors (or an alternate day set by law). 3 USC 
  Sec. 15; Manual Sec. 220; 3 Hinds Sec. 1819; Deschler Ch 10 Sec. 2. 
  Sections 15-18 of title 3 of the United States Code prescribe in 
  detail the procedure for the count. Nevertheless, the two Houses 
  traditionally adopt a concurrent resolution providing for the meeting 
  in joint session to count the vote, for the appointment of tellers, 
  and for the declaration of the state of the vote. 3 Hinds Sec. 1961; 
  Deschler Ch 10 Sec. 2.1. This concurrent resolution is privileged. 3 
  Hinds Sec. Sec. 2573-2577. Sections 15-18 of title 3 of the United 
  States Code are in effect joint rules of the two Houses for the 
  occasion and govern the procedures both in the joint session and in 
  each House in the event the two Houses divide to consider an 
  objection. Deschler Ch 10 Sec. 2.6.
      Under rule I clause 12, the Speaker may declare a recess in 
  connection with the joint session. He may decline to recognize for 
  one-minute speeches

[[Page 489]]

  or extensions of remarks before recessing for the joint session. 
  Deschler Ch 10 Sec. 2.3.


  Sec. 3 . Consideration of Certificates of Electors

                                 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.
      No debate is allowed in the joint session. 3 USC Sec. 18; Manual 
  Sec. 220.

                         Counting of Certificates

      The electoral votes are counted by tellers who have been appointed 
  on the part of the House by the Speaker and on the part of the Senate 
  by the Vice President. Deschler Ch 10 Sec. Sec. 3.1-3.4.
      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 more than one set of certificates have been received 
  from a State, and each set 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. 
  Deschler Ch 10 Sec. 3.5.
      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. 
  Traditionally, the reading of each certificate is dispensed with by 
  unanimous consent after the first State has been read. However, on one 
  occasion, no attempt was made to dispense with the reading of the 
  certificates. On that occasion, the tellers read only a sufficient 
  part of each certificate to reveal that it was signed by the pertinent 
  electors, duly attested, regular in form, and authentic. Manual 
  Sec. 220; 107-1, Jan. 6, 2001, p ____.
      Where there are conflicting electoral certificates from the same 
  State, the two Houses during the joint session may by unanimous 
  consent determine which certificate is to be accepted as valid. The 
  tellers may then be directed to count the votes in the certificate 
  deemed valid. Deschler Ch 10 Sec. 3.5.

                                 Objections

      An objection to the counting of any electoral vote must be in 
  writing and signed by a Member and a Senator. 3 USC Sec. 15. An 
  objection not signed by a Senator is invalid. 107-1, Jan. 6, 2001, p 
  ____. In the event that a timely objection in proper form is raised in 
  connection with the count,

[[Page 490]]

  the joint session divides, and the objection is considered by each 
  House in separate session. Deschler Ch 10 Sec. 3.6. The Act of 1887 
  prescribes the procedure to be followed in debate after the two Houses 
  have separated. 3 USC Sec. 17. In the House a motion to lay the 
  objection on the table is not in order. Deschler Ch 10 Sec. 3.7. In 
  one instance the Senate agreed by unanimous consent to modify the 
  terms set by the statute with respect to the division of time for 
  debate. Deschler Ch 10 Sec. 3.8.
      If either the House or the Senate rejects the objection, the 
  presiding officer of the joint session directs the tellers to record 
  the votes as submitted. Deschler Ch 10 Sec. 3.6.

                   Other Questions Arising in the Matter

      In addition to the joint session's dividing to consider an 
  objection to the counting of any electoral vote, it divides to 
  consider an ``other question arising in the matter.'' 3 USC 
  Sec. Sec. 15-18; Manual Sec. 220. Such a question also must be in 
  writing and signed by both a Member and a Senator. Manual Sec. 220; 
  107-1, Jan. 6, 2001, p ____. Examples of an ``other question arising 
  in the matter'' include: (1) an objection for lack of a quorum; (2) a 
  motion that either House withdraw from the joint session; and (3) an 
  appeal from a ruling by the presiding officer. Manual Sec. 220. Such 
  questions are not debatable in the joint session. 3 USC Sec. 18.


  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 Sec. Sec. 3, 4. 
  Messages relating to Presidential incapacity are laid before the 
  House. In 1985 and 2002, the Speaker laid before the House two 
  communications from the President of the United States (1) advising of 
  the President's temporary incapacity to discharge the constitutional 
  powers and duties of the Office of President and directing that the 
  Vice President discharge those duties in his stead and (2) 
  subsequently advising of the President's determination that he was 
  able to resume those powers and duties. Manual Sec. 256.
      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 this provision are laid before 
  the House by the Speaker. The nomination is referred to the Committee 
  on the Judiciary, which has jurisdiction over mat

[[Page 491]]

  ters relating to Presidential succession. Deschler Ch 10 
  Sec. Sec. 4.1, 4.2. The House and Senate consider the nomination by 
  acting separately on simple resolutions. Deschler Ch 10 Sec. 4.3.


[[Page 493]]

 
        CHAPTER 25 - ETHICS; COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT

                              HOUSE PRACTICE

              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

[[Page 494]]

  Sec. 25. Fines; Restitution of Funds
  Sec. 26. Deprivation of Status; Caucus Rules
  Sec. 27. Letter of Reproval
        Research References
          U.S. Const. art. I, Sec. 5, cl. 2; Sec. 6, cl. 1
          2 Hinds Sec. Sec. 1236-1289
          6 Cannon Sec. Sec. 236-238
          Deschler Ch 12 Sec. Sec. 2-18
          Manual Sec. Sec. 62, 738, 759, 806, 853, 1095-1103
          House Ethics Manual, 102d Cong.; Gifts and Travel, 106th 
            Cong., and Campaign Activity, 107th Cong., Committee on 
            Standards of Official Conduct


                              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, cl. 2.
      Among the sanctions that the House may impose under this 
  provision, the rules of the Committee on Standards of Official Conduct 
  outline the following:

     Expulsion from the House.
     Censure.
     Reprimand.
     Fine.
     Denial or limitation of any right, power, privilege, or 
         immunity of the Member if not in violation of the Constitution.
     Any other sanction determined by the committee to be 
         appropriate.

  Rule 25, Committee on Standards of Official Conduct, 107th Cong; see 
  Sec. Sec. 19-27, infra.

      These sanctions are not mutually exclusive. In a given case, a 
  Member may be censured, fined, and deprived of his seniority. Deschler 
  Ch 12 Sec. 12.1. A Member also may be reprimanded and ordered to 
  reimburse the costs of the committee's investigation. Manual Sec. 63.
      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

[[Page 495]]

  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 is derived from the right of each House 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 be fined 
  and censured for improperly maintaining his wife on the clerk-hire 
  payroll and for improper use of public funds for private purposes, the 
  House voted to impose a stronger penalty--to exclude him by denying 
  him his seat. Deschler Ch 12 Sec. Sec. 14.1, 16.1. However, the 
  Supreme Court determined such exclusion was not a sanction to be 
  invoked in cases involving the misconduct of a Member. It is available 
  only for failure to meet the constitutional qualifications of Members 
  as to age, citizenship, and inhabitancy. Powell v. McCormack, 395 U.S. 
  486 (1969).


  Sec. 2 . Committee on Standards of Official Conduct

                                 Generally

      Before the 90th Congress, select temporary committees were created 
  to consider allegations of improper conduct against a Member 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 established as a standing committee of the House. 
  90-1, H. Res. 418, Apr. 13, 1967, p 9425. Under rule XIII clause 
  5(a)(5), the committee may report as privileged resolutions 
  recommending action by the House with respect to the official conduct 
  of any Member, officer, or employee of the House. Manual Sec. 853.

                         Legislative Jurisdiction

      The jurisdiction of the Committee on Standards of Official 
  Conduct, as set forth in rule X clause 1(p), consists of measures 
  relating to the Code of Official Conduct. Manual Sec. 737. Measures 
  proposing to amend the Code 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. See 
  Manual Sec. 853.

[[Page 496]]

          Investigative Jurisdiction; Recommendations and Reports

      Pursuant to rule XI clause 3, the Committee on Standards of 
  Official Conduct is authorized to conduct investigations, hold 
  hearings, and report any findings and recommendations to the House. 
  Manual Sec. 806. This committee has been given similar 
  responsibilities under House resolutions authorizing specific 
  investigations. Where the House has directed the committee to conduct 
  such a specific investigation, it has, on occasion, authorized the 
  committee to take staff depositions, to serve subpoenas within or 
  without the United States, and to participate by special counsel in 
  relevant judicial proceedings. See, e.g., 95-1, H. Res. 252, Feb. 9, 
  1977, pp 3966, 3975; 96-2, H. Res. 608, Mar. 27, 1980, p 6995. The 
  committee also has been authorized to investigate, with expanded 
  subpoena authority, persons other than Members, officers, and 
  employees. 94-2, H. Res. 1054, Mar. 3, 1976, p 5165-68.
      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 Buildings by unnamed sitting Members.
     To review GAO audits of the operations of the ``bank'' in the 
         Office of the Sergeant-at-Arms.
     To disclose the names and pertinent account information of 
         Members found to have abused the privileges of the ``House 
         bank.''
     To investigate violations of confidentiality by staff engaged 
         in the investigation of the operation and management of the 
         Office of the Postmaster.

  Manual Sec. 703.

                   Extensive Revision of Ethics Process

      In the 105th Congress the House adopted a resolution sponsored by 
  the chairman and ranking minority member of a bipartisan leadership 
  task force on reform of the ethics process. The resolution included 
  provisions amending the rules of the House as follows:

     Establishment of a ``pool'' of non-committee Members who may 
         be assigned to serve on investigative subcommittees, and 
         exclusion of service on such subcommittee from the limitation 
         on subcommittee service. Rule X clause 5.
     Requirement that a complaint placed on the committee agenda 
         before expiration of the time limit set forth in the rules of 
         the committee be referred to an investigative subcommittee only 
         by an affirmative vote of the members of the committee. Rule XI 
         clause 3.
     Change in the duration of service on the committee. Rule X 
         clause 5.

[[Page 497]]

     Requirement that each meeting be held in executive session 
         unless opened by an affirmative vote of a majority of the 
         members, and requirement that each adjudicatory subcommittee 
         hearing or full-committee sanction hearing be open unless 
         closed by an affirmative vote of a majority of its members. 
         Rule XI clause 3(c).
     Requirement of confidentiality oath by a Member, officer, or 
         employee having access to committee information. Rule XI clause 
         3(d).
     Exception for committee votes taken in executive session from 
         requirement that committees disclose record votes. Rule XIII 
         clause 3(b).
     Permission for a non-Member to file information offered as a 
         complaint only if a Member certifies the information is 
         submitted in good faith and warrants committee consideration. 
         Rule XI clause 3(b)(2)(B).
     Authority for the chairman and ranking minority member jointly 
         to appoint members from the ``pool'' to serve on an 
         investigative subcommittee. Rule X clause 5.
     Authority for the chairman and ranking minority member of the 
         committee jointly to gather preliminary additional information 
         with regard to a complaint or information offered as a 
         complaint. Rule XI clause 3(b)(1).
     Authority for a subcommittee to authorize and issue a subpoena 
         only by affirmative vote of a majority of its members. Rule XI 
         clause 2(m)(2).
     Authority for the committee to refer substantial evidence of a 
         violation of law to Federal or State authorities either with 
         approval of the House or by an affirmative vote of two-thirds 
         of the members of the committee. Rule XI clause 3(a)(3).
     Authority for the committee to take appropriate action in the 
         case of a frivolous complaint. Rule XI clause 3(e).

      The resolution also included provisions requiring the committee to 
  adopt the following committee rules (which were codified in rule XI 
  clause 3 in the 108th Congress):

     Guaranteeing the ranking minority member the right to place an 
         item on the agenda.
     Setting specified standards for staff, providing for 
         appointment of staff, permitting the retention of outside 
         counsel or temporary staff, and permitting both the chairman 
         and the ranking minority member one additional staff member.
     Permitting only the chairman or ranking minority member to 
         make public statements regarding matters before the committee, 
         unless otherwise determined by a vote of the committee.
     Providing the chairman and ranking minority member 14 calendar 
         days or five legislative days (whichever occurs first) to 
         determine whether information offered as a complaint 
         constitutes a complaint.

[[Page 498]]

     Granting the chairman and ranking minority member, unless 
         otherwise determined by an affirmative vote of the majority of 
         committee members, 45 calendar days or five legislative days 
         (whichever occurs later) after the date they determine the 
         information filed constitutes a complaint to: (1) recommend 
         disposition of the complaint; (2) establish an investigative 
         subcommittee; or (3) request an extension.
     Requiring the chairman and ranking minority member to 
         establish an investigative subcommittee to consider a complaint 
         not disposed of by the expiration of the time limit.
     Providing for disposal of information not constituting a 
         proper complaint.
     Setting parameters for the composition of investigative and 
         adjudicatory subcommittees.
     Establishing a standard of proof for the adoption of a 
         statement of alleged violation.
     Authorizing expansion of the scope of an investigation by an 
         investigative subcommittee upon an affirmative vote of a 
         majority of the members of the full committee.
     Authorizing an investigative subcommittee to amend its 
         statement of alleged violation any time before it is 
         transmitted to the committee and granting 30 calendar days for 
         a respondent to file an answer to the amended statement of 
         alleged violation.
     Establishing procedures to protect the due process rights of 
         respondents.
     Requiring the committee to transmit to the House upon an 
         affirmative vote of a majority of its members an investigative 
         subcommittee report that it did not adopt a statement of 
         alleged violation.
     Detailing a mode of proceeding upon an approved waiver of an 
         adjudicatory hearing, including committee reporting 
         requirements and opportunity for respondent views.
     Clarifying that, when the committee authorizes an 
         investigation on its own initiative, the chairman and ranking 
         minority member shall establish an investigative subcommittee.

   105-1, H. Res. 168, Sept. 18, 1997, p ____; Manual Sec. 806.


  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 composed of 10 members in 
  equal numbers from the majority and minority parties. Rule X clause 
  5(a)(3). Service on the committee also is limited to no more than 
  three Congresses in any 10-year period. However, a member of the 
  committee may serve during a fourth Congress as either the chairman or 
  the ranking minority member of the committee. Manual Sec. 759. At the 
  beginning of each Congress, the Speaker and the Minority Leader each 
  name 10 Members from their respec

[[Page 499]]

  tive parties who are not members of the committee to be available to 
  serve on investigative subcommittees during that Congress. Rule X 
  clause 5(a)(4).
      Rule XI clause 3(b)(4) provides that a member of the committee 
  shall be ineligible to participate in a committee proceeding relating 
  to his or her own conduct. 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 relevant 
  conduct, 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. Manual Sec. 806.
      Rule XI clause 3(b)(5) permits 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 authorizes the Speaker to appoint a replacement for that 
  investigation. Under this rule, where a member of the committee 
  submits an affidavit of disqualification in a disciplinary 
  investigation of another Member, or where a member of the committee is 
  himself the subject of an ethics inquiry and has notified the Speaker 
  of his ineligibility, the Speaker may appoint another Member to serve 
  on the committee during the investigation. Manual Sec. 806.


  Sec. 4 . -- Publications; Advisory Opinions

      Under rule XI clause 3(a)(4), the Committee on Standards of 
  Official Conduct is authorized to issue and publish advisory opinions 
  (also known as ``pink sheets'') with respect to the general propriety 
  of any current or proposed conduct. The committee's advisory opinions 
  are incorporated in the House Ethics Manual. The House Ethics Manual 
  also includes advisory opinions issued by the former Select Committee 
  on Ethics, which was established during the 95th Congress and was the 
  precursor of the present standing committee. More recent advisory 
  opinions may be found on the committee's website and include the 
  following:

     Salary Levels at which the Outside Earned Income Limitation, 
         Financial Disclosure Requirement, and Post-Employment 
         Restrictions Apply for Calendar Year 2003--January 16, 2003.
     Post-Employment and Related Restrictions for Staff--November 
         25, 2002.
     Post-Employment and Related Restrictions for Members and 
         Officers--November 25, 2002.
     Gift Rule Provisions on Meals, Entertainment and Recreational 
         Activities from Lobbyists--November 14, 2002.
     Applicability of the Financial Disclosure Reporting 
         Requirement, the Outside Employment and Earned Income 
         Restrictions, and the Post-Employment Restrictions to House 
         Employees--October 2, 2002.

[[Page 500]]

     Member Use of Campaign Funds to Pay Food and Beverage Expenses 
         at Events Sponsored by Their Office and Other Official House 
         Events--May 8, 2002.
     Member Office Activities in Areas Added by Redistricting--
         February 15, 2002.
     Olympics Tickets Under the Gift Rule--December 20, 2001.
     Classified Information Oath--October 12, 2001.
     Prohibition Against Private Subsidy of Conferences, Meetings 
         and Other Events Sponsored by a House Office--September 28, 
         2001.
     Rules and Standards of Conduct Applicable to Committee 
         Consultants--April 12, 2000.
     ``Lump Sum'' Payments to House Employees--October 15, 1999.
     Prohibition Against Linking Official Actions to Partisan or 
         Political Considerations, or Personal Gain--May 11, 1999.
     Employment Recommendations--October 1, 1998.
     Answers to the ``Top 20 Questions''--March 4, 1998.
     Outside Earned Income Restrictions on Members and Senior 
         Staff--February 23, 1998.
     Rules Governing (1) Solicitation by Members, Officers and 
         Employees in General, and (2) Political Fundraising Activity in 
         House Offices--April 25, 1997.
     Classified Information Oath--July 12, 1995.
     Revised Solicitation Guidelines--April 4, 1995.

      In addition to the House Ethics Manual, the committee published 
  the booklet Gifts and Travel in the 106th Congress and the booklet 
  Campaign Activity in the 107th Congress. Advisory opinions issued by 
  the committee also may be found in these publications and in the 
  appendix to Chapter 12 of Deschler's Precedents. Additional 
  information also is available electronically from the committee's 
  website.
      In accordance with section 803(i) of the Ethics Reform Act of 
  1989, the committee has established an Office of Advice and Education. 
  The primary responsibility of the office is to provide information and 
  guidance to Members, officers, and employees regarding all standards 
  of conduct that apply to them.


  Sec. 5 . Initiating an Investigation; Complaints

                                 Generally

      In addition to an investigation directed by House resolution, 
  called up as a question of the privileges of the House, an 
  investigation of particular conduct may be initiated pursuant to 
  adoption of a resolution reported from the Committee on Rules. See, 
  e.g., 96-2, H. Res. 608, Mar. 27, 1980, p 6995-98. A resolution 
  directing the committee to investigate a possible un

[[Page 501]]

  authorized disclosure of classified information by the Speaker in 
  violation of House rules was introduced through the hopper and 
  referred to the Committee on Rules. 100-2, Sept. 30, 1988, p 27329.
      Under rule XI clause 3(b)(1)(A), an investigation of particular 
  conduct also may be initiated by the Committee on Standards of 
  Official Conduct, if approved by a majority vote of the members of 
  that committee. An investigation also may be initiated pursuant to 
  information offered as a complaint filed with the committee by a 
  Member. A complaint may be filed by a non-Member if the complaint is 
  accompanied by a certification from a Member that the information is 
  submitted in good faith and warrants committee consideration. Rule XI 
  clause 3(b)(2); Manual Sec. 806.
      Under rule XI clause 3(b)(1), the chairman and ranking minority 
  member of the committee jointly may gather additional information 
  concerning alleged conduct that is the basis of a complaint until they 
  have established an investigative subcommittee or either of them has 
  placed on the agenda of the committee the issue of whether to 
  establish such subcommittee. Manual Sec. 806.

                 Complaint Requirements; Unfounded Charges

      Information offered as a complaint filed with the committee must 
  comply with the requirements of rule XI clause 3(b)(2), including the 
  requirement that it be in writing and under oath. Manual Sec. 806. 
  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.
      Under rule XI clause 3(e)(1), a complaint determined by the 
  Committee on Standards of Official Conduct to be frivolous may give 
  rise to action by that committee. A Member who 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

      Rule XI clause 3(b)(6) requires a vote of the Committee on 
  Standards of Official Conduct to authorize the public disclosure of 
  the content of a complaint or the fact of its filing.

[[Page 502]]

                                  Debate

      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 XVII clause 1. Under this stricture a Member should refrain 
  from references in debate to the official conduct of a Member where 
  such conduct is not the subject then pending before the House by way 
  of either a report of the Committee on Standards of Official Conduct 
  or another question of the privileges of the House. This stricture 
  also precludes a Member from reciting news articles discussing a 
  Member's conduct, reciting the content of a previously tabled 
  resolution raising a question of the privileges of the House, or even 
  referring to a Member's conduct by mere insinuation.
      The fact that a complaint has been filed does not open up its 
  allegations to debate on the floor. Notice of an intention to offer a 
  resolution as a question of the privileges of the House under rule IX 
  does not render a resolution ``pending'' and thereby permit references 
  to the conduct of a Member proposed to be addressed therein. Manual 
  Sec. 361.


  Sec. 6 . Persons Subject to Disciplinary Procedures

      The investigative authority that is given under rule XI clause 
  3(a)(1) to the Committee on Standards of Official Conduct over alleged 
  violations extends to ``Members, Delegates, the Resident Commissioner, 
  officers, and employees of the House.'' Manual Sec. 806. The Speaker 
  has been subject to the investigative authority of this committee. 
  101-1, Statement of the Committee on Standards of Official Conduct In 
  re Wright, Apr. 17, 1989; H. Res. 31, H. Rept. 105-1, In re Gingrich, 
  Jan. 21, 1997, p 459. A Delegate has been subject to censure for 
  misconduct. 2 Hinds Sec. 1305. With respect to violations by House 
  officers or employees, the rules of the committee authorize it to 
  recommend to the House dismissal from employment, fine, or any other 
  sanction determined by the committee to be appropriate. Rule 25, Rules 
  of the Committee on Standards of Official Conduct, 107th Cong.
      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. 94-2, H. 
  Res. 1042, Feb. 19, 1976, p 3914. The House considered it necessary to 
  enlarge the subpoena authority of the committee to carry out this 
  investigation. 94-2, H. Res. 1054, Mar. 3, 1976, p 5165. Private 
  citizens have been censured or reprimanded by the Speaker at the bar 
  of the House for attempting to bribe a Member or for assaulting a 
  Member. 2 Hinds Sec. Sec. 1606, 1616-1619, 1625; 6 Cannon Sec. 333.

[[Page 503]]

      Under rule XI clause 3(a)(3), the committee may report to the 
  appropriate Federal or State authorities, either with the approval of 
  the House or by an affirmative vote of two-thirds of the members of 
  the committee, any substantial evidence of a violation of a law by a 
  Member, officer, or employee of the House that is applicable to the 
  performance of his duties or the discharge of his responsibilities 
  that may have been disclosed in a committee investigation.


                      B. Basis for Imposing Sanctions


  Sec. 7 . In General; The Code of Official Conduct

                                 Generally

      Before the 90th Congress, there was no formal code of conduct for 
  Representatives. However, in 1968 the rules were amended to establish 
  a Code of Official Conduct for Members and employees of the House. 90-
  1, H. Res. 1049, Apr. 3, 1968, p 8803; rule XXIII. The Code, along 
  with rules XXIV through XXV, contain provisions governing the receipt 
  of compensation, gifts, and honoraria. It also addresses the use of 
  campaign funds, proscribes discrimination in employment, and bars 
  certain ``non-House'' uses of House stationery. Manual Sec. Sec. 1095-
  1102.

                 Conduct Reflecting Discredit on the House

      Under the Code of Official Conduct, disciplinary measures may be 
  invoked against a Member, officer, or employee on the ground that he 
  has violated the requirement in clause 1 of the Code of Official 
  Conduct that he behave ``at all times'' in a manner that reflects 
  ``creditably'' on the House. Manual Sec. 1095. Examples of 
  disciplinary measures recommended by the Committee on Standards of 
  Official Conduct against certain Members for conduct that violated 
  clause 1 of the Code include:

     Failure to report campaign contributions, and perjury. These 
         Members were officially reprimanded by the House. H. Res. 1415, 
         H. Rept. 95-1742, In re McFall, Oct. 13, 1978, p 37005; H. Res. 
         1416, H. Rept. 95-1743, In re Roybal, Oct. 13, 1978, p 37009.
     Conviction by a jury on bribery or other corruption charges. 
         Member was expelled by the House. H. Res. 794, H. Rept. 96-
         1387, In re Myers, Oct. 2, 1980, p 28953; H. Res. 495, H. Rept. 
         107-594, In re Traficant, July 24, 2002, p ____.
     Misuse of the congressional clerk-hire allowance for personal 
         gain. Member was censured by the House by a unanimous vote and 
         was required to make restitution of monies in the amount that 
         he had personally benefited. H. Res. 378, H. Rept. 96-351, In 
         re Diggs, July 31, 1979, p 21584.

[[Page 504]]

     Engagement in sexual relationships with pages employed by the 
         House. Although the committee recommended that both Members be 
         reprimanded, the House voted to censure. H. Res. 265, H. Rept. 
         98-295, In re Studds, July 20, 1983, p 20030; H. Res. 266, H. 
         Rept. 98-296, In re Crane, July 20, 1983, p 20020.

      The committee may find that a Member has brought discredit to the 
  House, but recommend no formal sanction. H. Rept. 104-876, In re 
  Collins; H. Rept. 105-797, In re Kim. The committee also may send the 
  offending Member a letter of reproval. H. Rept. 106-979, In re 
  Shuster.
      The House voted to reprimand the Speaker for bringing discredit on 
  the House. H. Res. 31, H. Rept. 105-1, In re Gingrich, Jan. 21, 1997, 
  p 393.

            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. 
  Manual Sec. 1095. 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. Advisory Opinion No. 4, Select Committee 
  on Ethics, 95th Cong.
      In 1988 the Committee on Standards of Official Conduct concluded 
  that a Member's acceptance of an illegal gratuity on three occasions 
  constituted action that discredited the House as an institution in 
  violation of rule XXIII clause 1; and, having violated the ``spirit'' 
  of clause 1, he also violated rule XXIII clause 2. H. Rept. 100-506, 
  In re Biaggi. Although purposeful violation of any rule of the House 
  could potentially be considered an infraction under rule XXIII clause 
  2, the committee has issued advisory opinions touching on some of the 
  rules that specifically pertain to Members' conduct. In addition to 
  the restrictions contained in the Code of Conduct, rules XXIV 
  (Limitations on Use of Official Funds), XXV (Limitations on Outside 
  Earned Income and Acceptance of Gifts), and XXVI (Financial 
  Disclosure) have been addressed by the committee in its House Ethics 
  Manual and its booklets entitled Gifts and Travel and Campaign 
  Activity.


  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. 85-2, H. Con. Res. 175, July 11, 1958; 85-2; House Ethics 
  Manual, 102d Cong. 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 that 
  ``might be construed by reasonable persons as influencing the 
  performance of his governmental duties;''

[[Page 505]]

  engage in no business with the government, either directly or 
  indirectly, that 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 Committee on Standards of Official Conduct has indicated that 
  the Code of Ethics is an expression of traditional standards of 
  conduct that continues to be applicable, even though the Code was 
  enacted merely in the form of a concurrent resolution that expired 
  with the adjournment of the Congress in which it was adopted. H. Rept. 
  94-1364, In re Sikes.
      The ethical standards of this Code have provided the basis for 
  disciplinary proceedings against Members. E.g., H. Rept. 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. 
  These charges resulted in a reprimand of the Member. H. Res. 1421, H. 
  Rept. 94-1364, In re Sikes, July 29, 1976, p 24379.


  Sec. 9 . Violations of Statutes

                                 Generally

      The Members of Congress, unless immunized by the Speech or Debate 
  Clause of the Constitution, are subject to the same penalties under 
  the criminal laws as are all citizens. Manual Sec. 93; Deschler Ch 12 
  Sec. 3. In addition to rules XXIII through XXVI, the Federal criminal 
  code addresses the conduct of Members, officers, and employees with 
  respect to bribery of public officials (18 USC Sec. 201), claims 
  against the Government (18 USC Sec. Sec. 203-205, 207(e), 216), and 
  public officials acting as agents of foreign principals (18 USC 
  Sec. 219). The violation of such statutes may be considered by the 
  Committee on Standards of Official Conduct in recommending 
  disciplinary actions to the House.
      Thus, a Member's conviction under section 201 of title 18, United 
  States Code, of accepting an illegal gratuity was cited as one of the 
  grounds for the committee's recommendation that the Member be 
  expelled. H. Rept. 100-506, In re Biaggi. The committee may find that 
  a Member has violated certain statutes but recommend no formal 
  sanction. H. Rept. 104-876, In re Collins; H. Rept. 105-797, In re 
  Kim. The committee also may send the offending Member a letter of 
  reproval. H. Rept. 106-979, In re Shuster. The House voted to 
  reprimand a Speaker for violating certain provisions of the

[[Page 506]]

  Internal Revenue Code. 105-1, H. Res. 31, H. Rept. 105-1, In re 
  Gingrich, Jan. 21, 1997, p 393.
      Any disciplinary measure that the House invokes against a Member 
  for an alleged or proven violation of such a statute is separate and 
  distinct from sanctions that 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 United States v. Diggs, 613 F.2d 988 (D.C. Cir. 
  1979), cert. denied, 446 U.S. 982 (1980); H. Res. 378, H. Rept. 96-
  351, In re Diggs, July 31, 1979, p 21584.
      Rule XI clause 3 authorizes the Committee on Standards of Official 
  Conduct to report to the appropriate Federal or State authorities, by 
  majority vote with the approval of the House or by two-thirds vote of 
  the committee alone, any substantial evidence of a violation of an 
  applicable law by a Member, officer, or employee of the House, that 
  may have been disclosed in a committee investigation. Manual Sec. 806. 
  During the committee's investigation of Speaker Gingrich, the 
  committee received documents that may have proved useful to the 
  Internal Revenue Service. The House adopted the recommendation of the 
  committee to make those documents available to the Internal Revenue 
  Service and to establish a liaison to aid the transfer of documents. 
  H. Res. 31, H. Rept. 105-1, In re Gingrich, Jan. 21, 1997, p 393.

                 Conviction as Basis for Committee Action

      Rule 19(e) of the rules of the Committee on Standards of Official 
  Conduct requires the committee to undertake an investigation with 
  regard to any felony conviction of a Member, officer, or employee of 
  the House in a Federal, State, or local court. The rule further 
  provides that the investigation may proceed at any time before 
  sentencing. See, e.g., H. Rept. 107-594, In re Traficant. 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. 100-506, In re Biaggi. 
  Examples of disciplinary measures recommended by the Committee on 
  Standards of Official Conduct based on criminal convictions include 
  bribery convictions or findings as to the receipt of money by a Member 
  for exercising his influence in the House. H. Rept. 96-1387, In re 
  Myers; H. Rept. 96-856, In re Flood; H. Rept. 96-1537, In re Jenrette; 
  H. Rept. 97-110, In re Lederer; H. Rept. 100-506, In re Biaggi; H. 
  Rept. 107-594, In re Traficant.
      In 1980, charges involving alleged bribes of Members of Congress 
  led to investigations by both the Committee on Standards of Official 
  Conduct and the Department of Justice. 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 De

[[Page 507]]

  partment, and to participate, by special counsel, in any judicial 
  proceeding concerning or relating to the inquiry. 96-2, H. Res. 608, 
  Mar. 27, 1980, p 6995; 97-1, H. Res. 67, Mar. 4, 1981, p 3529.
      The House may choose to initiate disciplinary proceedings against 
  a Member upon a Member's conviction even when that Member has not 
  exhausted all of his appeals in the criminal process. See Sec. 19, 
  infra.


  Sec. 10 . Misuse of Hiring Allowance; False Claims

      Rule XXIII clause 8 prohibits a Member from retaining anyone under 
  his payroll authority who does not perform duties commensurate with 
  the compensation he receives. Closely related to this rule is the 
  False Claims Act, which imposes liability on persons making claims 
  against the government knowing such claims to be false or fraudulent. 
  31 USC Sec. 3729; 18 USC Sec. 287. 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 United States v. Diggs, 613 F.2d 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. United 
  States v. Eilberg, 507 F. Supp. 267 (E.D. Pa. 1980).


  Sec. 11 . Discrimination in Employment

      Rule XXIII clause 9 includes 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. The Committee on 
  Standards of Official Conduct has concluded that sexual harassment is 
  a form of discrimination in employment that is prohibited by clause 9. 
  In one case the committee issued a letter of reproval to a Member for 
  his conduct in interacting with two female employees on his staff. H. 
  Rept. 101-293, In re Bates.
      The earliest form of the rule on ``employment practices''grew out 
  of the Fair Employment Practices Resolution first adopted in the 100th 
  Congress. 100-2, H. Res. 558, Oct. 3, 1988, p 27840; 101-1, H. Res. 
  15, Jan. 3, 1989, p 85. The terms of that resolution were incorporated 
  by reference in a standing in the 102d Congress. 102-1, H. Res. 5, 
  Jan. 3, 1991, p 39.

[[Page 508]]

   It was codified in full text, with certain amendments, in the 103d 
  Congress. 103-1, H. Res. 5, Jan. 5, 1993, p 49. The Employment 
  Practices rule was overtaken by the earliest form of a rule addressing 
  the ``application of certain laws,'' in the 103d Congress. 103-2, H. 
  Res. 578, Oct. 7, 1994, p 29326. The Application of Laws rule, in 
  turn, was overtaken by the Congressional Accountability Act of 1995. 2 
  USC Sec. 1301. Certain savings provisions appear in section 506 of 
  that Act. 2 USC Sec. 1435.


  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 
  Sec. 431. Under this statute, the Federal Election Commission was 
  established as an independent regulatory agency with jurisdiction over 
  Federal campaign finance practices. 2 USC Sec. Sec. 437c-438.
      Rule XXIII clause 6 requires that Members use campaign funds 
  solely for campaign purposes and specifically prohibits the personal 
  use of such funds. This includes the requirements that Members keep 
  campaign funds separate from personal funds; 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. The committee 
  has taken the position that any use of campaign funds that personally 
  benefits the Member rather than exclusively and solely benefiting the 
  campaign is not a ``bona fide campaign purpose.'' H. Rept. 99-933, In 
  re Weaver; H. Rept. 100-526, In re Rose. Although campaign funds may 
  be invested, a candidate who borrows money from his own campaign is 
  presumed to be receiving a personal benefit; that is, the use of the 
  money.
      The Committee on Standards of Official Conduct has found that 
  Members have violated rule XXIII clause 6 by transferring campaign 
  funds to personal accounts or borrowing from their campaign funds. 
  See, e.g., H. Rept. 96-930, In re Wilson; H. Rept. 99-933, In re 
  Weaver.
      The House has adopted reports of the committee recommending 
  reprimand of Members who have failed to report a campaign contribution 
  or have converted a campaign contribution to personal use See, e.g., 
  H. Res. 1415, H. Rept. 95-1742, In re McFall, Oct. 13, 1978, p 37005; 
  H. Res. 1416, H. Rept. 95-1743, In re Roybal, Oct. 13, 1978, p 37009. 
  In two cases, Members were found to have violated Federal election 
  campaign

[[Page 509]]

  laws, but no formal sanctions were issued. H. Rept. 104-876, In re 
  Collins; H. Rept. 105-797, In re Kim.
      Rule XXIII clause 7 requires any proceeds from testimonials or 
  other fund-raising events to be treated by Members as campaign 
  contributions. The Committee on Standards of Official Conduct has 
  compiled a complete statement of the rules on campaign funds, which 
  supersedes chapter 8 of the 1992 House Ethics Manual, entitled 
  Campaign Activity, 107th Cong.


  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 and from 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. 96-930, In re Wilson. 
  Because the statute by its terms is directed at protecting 
  ``employees,'' it does not prevent one Member from soliciting another 
  Member. See 6 Cannon Sec. 401 (in which the House adopted a resolution 
  construing the predecessor statute).
      In 1985, the Committee on Standards of Official Conduct 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.'' The committee 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. 99-277. 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. H. Rept. 99-227; see also H. Rept. 99-1019.


  Sec. 14 . Limitations on Earned Income; Honoraria

      Rule XXV clause 1 places restrictions upon the amount of outside-
  earned income a Member, officer, or employee may receive. This 
  provision limits the amount of aggregate outside-earned income in a 
  calendar year to 15 percent of an annual congressional salary. 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, rather 
  than the characterization of such monies as out

[[Page 510]]

  side-earned income. Advisory Opinion No. 13, Select Committee on 
  Ethics, 95th Cong. (reprinted in H. Rept. 95-1837).
      Under rule XXV clause 3, a Member, officer, or employee may 
  receive neither an advance payment on copyright royalties nor 
  copyright royalties under a contract unless it is first approved by 
  the Committee on Standards of Official Conduct as complying with the 
  requirement that the royalties are received from an established 
  publisher under usual and customary contractual terms.
      A restriction against honoraria is imposed by rule XXV 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. 101-1, Statement of the Committee on Standards of 
  Official Conduct In re Wright, Apr. 17, 1989.


  Sec. 15 . Acceptance of Gifts

      Rule XXV clause 5 permits acceptance of a gift only if it has an 
  individual value of less than $50 and a cumulative value from any one 
  source in the calendar year of less than $100 (the value of perishable 
  food sent to an office is allocated among the individual recipients 
  and not to the Member). Clause 5 defines the term ``gift'' and 
  outlines various exceptions to the rule. The Committee on Standards of 
  Official Conduct in the 96th Congress recommended the censure of a 
  Member for misconduct that included the acceptance of gifts of money 
  from a person with a ``direct interest in legislation'' before 
  Congress. The committee determined that certain checks that had been 
  marked ``loans'' were not true loans. 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. H. Res. 660, H. Rept. 
  96-930, In re Wilson, June 10, 1980, p 13801. 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 the gift rule. H. Rept. 100-
  506, In re Biaggi.
      In 1977 the committee was empowered to investigate the alleged 
  receipt by Members of ``things of value'' from the Korean government. 
  95-1, H. Res. 252, Feb. 9, 1977, p 3966. Subsequently, the House 
  adopted a committee report 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

[[Page 511]]

  worth more than $100 from representatives of Korea. H. Res. 1414, H. 
  Rept. 95-1741, In re Wilson, Oct. 13, 1978, p 36976.
      The Committee on Standards of Official Conduct has compiled a 
  complete statement of the rules on gifts and travel. The new 
  compilation supersedes chapter 2 of the 1992 House Ethics Manual, 
  entitled Gifts and Travel, 106th Cong.


  Sec. 16 . Financial Disclosure

      Title I of the Ethics in Government Act of 1978 requires Members, 
  officers, and certain employees of the House to file an annual 
  Financial Disclosure Statement. 5 USC App Sec. Sec. 101-111. This law, 
  which is incorporated into House rule XXVI, was intended to regulate 
  and monitor possible conflicts of interest due to outside financial 
  holdings. Manual Sec. 1103.
      In the 94th Congress the House reprimanded a Member for certain 
  conduct occurring during prior Congresses, which included failure to 
  make proper financial disclosures. H. Res. 1421, H. Rept. 94-1364, In 
  re Sikes, July 29, 1976, p 24379. The Committee on Standards of 
  Official Conduct has concluded that a Member accepted certain gifts 
  that were subject to mandatory disclosure under the Ethics in 
  Government Act. H. Rept. 100-506, In re Biaggi; H. Rept. 105-797, In 
  re Kim.


  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 government. Rule XXV clause 2; 18 USC 
  Sec. 205. Under this rule, Members, officers, and certain senior 
  employees may not:

     Receive compensation from affiliation with a firm providing 
         professional services for compensation that involve a fiduciary 
         relationship except for the practice of medicine.
     Permit their names to be used by any such firm or other 
         entity.
     Practice a profession for compensation that involves a 
         fiduciary relationship except for the practice of medicine.
     Serve for compensation on the board of directors of any 
         association, corporation, or other entity.
     Receive compensation for teaching without prior notification 
         and approval.

  Manual Sec. 1099.

[[Page 512]]

  Sec. 18 . Acts Committed in Prior Congress or Before Becoming a Member

      Under rule XI clause 3(b)(3), the Committee on Standards of 
  Official Conduct may not investigate an alleged violation of a law, 
  rule, regulation, or standard of conduct that was not in effect at the 
  time of the alleged violation. Also excepted from investigation are 
  alleged violations that occurred before the third previous Congress 
  unless the committee determines that such matters were directly 
  related to an alleged violation that occurred in a more recent 
  Congress. Manual Sec. 806.
      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 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 House adopted the recommendation of the committee that a 
  Member be reprimanded for certain conduct occurring during prior 
  Congresses that involved financial irregularities but declined to 
  recommend punishment for prior conflict-of-interest conduct that had 
  occurred in 1961, where such conduct had apparently been known to a 
  constituency that had continually reelected him. H. Res. 1421, H. 
  Rept. 94-1364, In re Sikes, July 29, 1976, p 24379.
      The House has asserted jurisdiction under article I, section 5 of 
  the Constitution to inquire into the misconduct of a Member occurring 
  before his last election and to impose at least those sanctions short 
  of expulsion. H. Res. 378, H. Rept. 96-351, In re Diggs, July 31, 
  1979, p 21584; 2 Hinds Sec. 1283. In one case, the committee 
  investigated violations of Federal election laws that allegedly 
  occurred before the respondent became a Member. H. Rept. 105-797, In 
  re Kim.
      Expulsion 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 before their election. Deschler Ch 12 Sec. 13. A 
  resolution calling for the expulsion of a Member was reported 
  adversely by the committee and tabled by the House, where the Member 
  had been convicted of bribery under California law for acts occurring 
  while he served as a county tax assessor and before his election to 
  the House. The committee found that although the conviction related to 
  moral turpitude, it did not relate to official conduct while a Member 
  of Congress. H. Res. 1392, H. Rept. 94-1478, In re Hinshaw, Sept. 8, 
  1976, p 29274, Oct. 1, 1976, p 35111.
      If a Member's term of office expires before a pending resolution 
  of expulsion against him is adopted, the proceedings are discontinued. 
  2 Hinds Sec. 1276.

[[Page 513]]

               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 (such as reimbursement of the investigative 
  costs of the committee), 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 25(g), Rules of the 
  Committee on Standards of Official Conduct, 107th Cong.
      Generally, the type of disciplinary measure invoked will depend on 
  the nature of the offense charged. Where there are mitigating 
  circumstances, the committee sometimes issues a public letter of 
  reproval. See, e.g., H. Rept. 100-526, In re Rose; H. Rept. 106-979, 
  In re Shuster. This letter may include a direction to the Member that 
  he apologize. H. Rept. 101-293, In re Bates. The House itself may 
  extract an apology from the offending Member. 2 Hinds Sec. Sec. 1650, 
  1657.

      Effect of Court Conviction or Pendency of Judicial Proceedings

      Under a 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 and 
  107th Congresses--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. Res. 378, H. Rept. 96-351, In re 
  Diggs, July 31, 1979, p 21584; H. Res. 495, H. Rept. 107-594, In re 
  Traficant, July 24, 2002. p ____. Although a criminal 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. 100-506, In re Biaggi.
      Rule XXIII clause 10 provides that a Member who is convicted of a 
  crime for which a prison sentence of two or more years could be 
  imposed should refrain 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. Manual Sec. 1095.

[[Page 514]]

                          Resolutions and Reports

      A resolution proposing disciplinary action against a Member may be 
  called up in the House as a question of privilege. Manual Sec. 703; 2 
  Hinds Sec. 1254; 3 Hinds Sec. Sec. 2648-2651. Where the Committee on 
  Standards of Official Conduct after investigation recommends that 
  disciplinary action be taken against a Member by the House, it 
  normally files a privileged report with a form of resolution proposing 
  the action. However, where the committee finds an allegation without 
  merit 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. Where a Member is defeated (including in a 
  primary), the committee may report violations to the House at the end 
  of the Congress without recommending sanctions. H. Rept. 105-797, In 
  re Kim.
      Under rule XI clause 3(a), the committee may recommend to the 
  House from time to time such administrative actions as it may consider 
  appropriate to establish or enforce standards of official conduct. 
  However, a letter of reproval or other administrative action of the 
  committee that resulted from an investigation under clause 3(a)(2) 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. Manual Sec. 806.
      A resolution adopting a committee report may be offered as 
  follows:

      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

      A disciplinary resolution presents a question of privilege. Manual 
  Sec. 66. If reported by the Committee on Standards of Official Conduct 
  (or a derivation thereof), a disciplinary resolution may be called up 
  at any time after the committee has filed its report. Manual Sec. 66. 
  An unreported resolution may be called up by any Member as privileged 
  under rule IX with proper notice (or by the Majority or Minority 
  Leader without notice). Manual Sec. 703; 3 Hinds Sec. 2649.
      Rule IV clause 2(a)(16) permits 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. 678.
      Debate on a disciplinary resolution reported by the committee is 
  under the hour rule, the chairman of the committee being recognized 
  for the entire hour. 8 Cannon Sec. 2448; Deschler Ch 12 Sec. 16. 
  Debate on a resolution raising

[[Page 515]]

  a question of the privileges of the House (which may include a 
  disciplinary resolution) offered from the floor under rule IX also is 
  debatable for one hour but the hour is equally divided between the 
  proponent and the Majority Leader or Minority Leader. Manual Sec. 713.
      The manager of a disciplinary resolution may yield time to the 
  Member charged to speak or to yield in his behalf. 107-2, July 24, 
  2002, p ____. In one instance the Member charged, after declining to 
  speak, yielded all of his time to another Member. 96-1, July 31, 1979, 
  p 21584.
      A Member whose expulsion is proposed may be permitted to present a 
  written defense. 2 Hinds Sec. 1273. However, if the previous question 
  is moved on a proposition to censure, the effect may be to prevent the 
  Member charged from making an explanation or presenting a defense. 
  After the House has voted to censure, it is too late for the Member to 
  be heard. 2 Hinds Sec. 1259; 5 Hinds Sec. 5459.
      Debate on a pending privileged resolution recommending 
  disciplinary action against a Member necessarily may involve 
  personalities. However, rule XVII clause 1 still prohibits the use of 
  language that is personally abusive or profane. During the actual 
  pendency of such a resolution, a Member may discuss a prior case 
  reported to the House by the Committee on Standards of Official 
  Conduct for the purpose of comparing the severity of the sanction 
  recommended in that case with the severity of the sanction recommended 
  in the pending case, provided that the Member does not identify, or 
  discuss the details of the past conduct of, a sitting Member. Manual 
  Sec. 361.
      The Speaker also has advised that Members should refrain from 
  references in debate to the motivations of a Member who filed a 
  complaint before the Committee on Standards of Official Conduct, to 
  personal criticism of a member of the committee, and to an 
  investigation undertaken by the committee, including the suggestion of 
  a course of action or the advocacy of an interim status report by the 
  committee. Manual Sec. 361.
      Because 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. Compare 
  96-2, May 29, 1980, p 12661, with 107-2, July 24, 2002, p ____ 
  (general leave granted).
      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. Manual Sec. 1095.

[[Page 516]]

                           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. However, the House may adopt a resolution censuring his 
  conduct even after his resignation has been submitted. 2 Hinds 
  Sec. Sec. 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, cl. 2. 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. 56-85; 1 Hinds 
  Sec. 476. In 1976 an expulsion resolution was reported adversely and 
  tabled by the House where a Member had been convicted of bribery under 
  State law for acts occurring before his election to the House, because 
  the conviction did not relate to his official conduct while a Member 
  of Congress. Deschler Ch 12 Sec. 13.1.
      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 U.S. 661, 669 (1897). The purpose of expulsion is not 
  merely to provide punishment but also 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 U.S. 661, 669 (1897).
      The House has considered proposals to expel on many occasions. 
  Expulsion was used during the Civil War against three Members charged 
  with being in rebellion against the United States or with having taken 
  up arms against it. 2 Hinds Sec. Sec. 1261, 1262. More recently, 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. Res. 794, H. Rept. 96-1387, In re Myers, Oct. 2, 1980, p 28953. The 
  Committee on Standards of Official Conduct recommended the expulsion 
  of two Members who had, among other acts of misconduct, accepted 
  illegal gratuities. H. Rept. 97-

[[Page 517]]

  110, In re Lederer; H. Rept. 100-506, In re Biaggi. Both cases 
  terminated with the Members' resignations.
      In 2002 the House expelled a Member for illegal activities that 
  resulted in Federal criminal convictions including (1) trading 
  official acts and influence for things of value; (2) demanding and 
  accepting salary kickbacks from his congressional employees; (3) 
  influencing a congressional employee to destroy evidence and to 
  provide false testimony to a Federal grand jury; (4) receiving 
  personal labor and the services of his congressional employees while 
  they were being paid by the taxpayers to perform public service; and 
  (5) filing false income tax returns. H. Res. 495, H. Rept. 107-594, In 
  re Traficant, July 24, 2002, p ____.
      Following the expulsion of a Member, the Clerk notifies the 
  Governor of the relevant State of the action of the House. 107-2, July 
  24, 2002, p ____.
      There have been many instances in which an expulsion proposal 
  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. 6 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 
         Sec. Sec. 1253, 1254.
     Accepting money for nominating 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.
     Assaulting another Member for words spoken in debate. 2 Hinds 
         Sec. 1656.
     Using offensive language toward another Member on the floor 
         and deceiving the Speaker when the Speaker attempted to control 
         the debate. 2 Hinds Sec. 1251.
     Seeking improper dismissal of parking tickets and making 
         misstatements of fact in a memorandum relating to an 
         associate's criminal probation record. H. Res. 440, H. Res. 
         442, H. Rept. 101-610, In re Frank, July 26, 1990, pp 19705, 
         19717.


  Sec. 21 . -- Procedure; Resolutions of Expulsion

                              Generally; Form

      Expulsion proceedings may be initiated by the introduction of a 
  resolution containing explicit charges, as follows:


[[Page 518]]


      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 the House of Representatives.

  2 Hinds Sec. Sec. 1254, 1261, 1262.

      Under the more recent practice, allegations of misconduct have not 
  been included in the resolution as reported from the Committee on 
  Standards of Official Conduct but rather in the accompanying report:

      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.

  H. Res. 495, H. Rept. 107-594, In re Traficant, July 24, 2002, p ____.

      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 
  normally is 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. Manual Sec. 66.
      Under the Constitution, a resolution of expulsion requires the 
  support of two-thirds of those Members present and voting. 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. An amendment providing for censure is not germane to 
  a resolution of expulsion. 6 Cannon Sec. 236 (distinguishing 5 Hinds 
  Sec. 5923).


  Sec. 22 . Censure; Reprimand

                                 Generally

      Censure and reprimand are two other forms of discipline that may 
  be administered pursuant to article I, section 5, clause 2 of the 
  Constitution, which authorizes 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 on occasion has made a distinction 
  between censure and reprimand, the latter being somewhat less 
  punitive. Cen

[[Page 519]]

  sure is administered by the Speaker to the Member at the bar of the 
  House, perhaps in a manner specified in the resolution, including the 
  reading of the censure resolution. See, e.g., 96-1, July 31, 1979, p 
  21592; 96-2, June 10, 1980, p 13820. On the other hand, reprimand is 
  administered to the Member merely by the adoption of a committee 
  report. Deschler Ch 12 Sec. 16; 105-1, Jan. 21, 1997, p 459.
      If necessary, the Member to be censured may be arrested and 
  brought to the bar for the Speaker's pronouncement. 2 Hinds 
  Sec. Sec. 1251, 1305. The censure appears in full in the Journal. 2 
  Hinds Sec. 1656; 6 Cannon Sec. 236. In rare instances, the House has 
  reconsidered a vote of censure or expunged a censure from the Journal 
  of a preceding Congress. 2 Hinds Sec. 1653; 4 Hinds Sec. Sec. 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 that brings the House into 
  disrepute. Deschler Ch 12 Sec. 16.
      Many early cases of censure involved the use of unparliamentary 
  language (2 Hinds Sec. Sec. 1247-1249, 1251, 1305), assaults on a 
  Member or Senator (2 Hinds Sec. Sec. 1621, 1656), or insults to the 
  House by the introduction of offensive resolutions (2 Hinds 
  Sec. Sec. 1246, 1256). During the Civil War, some Members whose 
  sympathies lay with the Confederacy were censured for uttering 
  treasonable words. 2 Hinds Sec. Sec. 1252-1254. Censure was also 
  invoked on the basis of evidence of corrupt acts by a Member. 2 Hinds 
  Sec. Sec. 1239, 1273, 1274, 1286.
      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 improperly using government funds. Deschler Ch 12 
         Sec. 16.1. Censure recommendation was rejected in favor of 
         other penalties. Sec. 1, supra.
     Failing to report certain financial holdings, in violation of 
         the Code of Official Conduct, and investing in stock in a bank, 
         the establishment of which he was promoting, in violation of 
         the Code of Ethics for Government Service. H. Res. 1421, H. 
         Rept. 94-1364, In re Sikes, July 29, 1976, p 24377.
     Failing to report a campaign contribution as required by law. 
         H. Res. 1415, H. Rept. 95-1742, In re McFall, Oct. 13, 1978, p 
         37005.
     Failing to report a campaign contribution, converting a 
         campaign contribution to personal use, and testifying falsely 
         to the committee under oath. H. Res. 1416, H. Rept. 95-1743, In 
         re Roybal, Oct. 13, 1978, p 37009.

[[Page 520]]

     Unjust enrichment through increasing an office employee's 
         salary. H. Res. 378, H. Rept. 96-351, In re Diggs, July 31, 
         1979, p 21584.
     Receiving money from a person with direct interest in 
         legislation, in violation of rule XXIII clause 4, and 
         transferring campaign funds into office and personal accounts. 
         H. Res. 660, H. Rept. 96-930, In re Wilson, June 10, 1980, p 
         13801.
     Sexual misconduct with a page. H. Res. 265, H. Rept. 98-295, 
         In re Studds, July 20, 1983, p 20030; H. Res. 266, H. Rept. 98-
         296, In re Crane, July 20, 1983, p 20020.
     Filing false financial disclosure statements in violation of 
         the Ethics in Government Act. H. Res. 558, H. Rept. 98-891, In 
         re Hansen, July 31, 1984, p 21650.
     ``Ghost voting,'' improperly diverting government resources, 
         and maintaining a ``ghost employee'' on his staff. H. Res. 335, 
         H. Rept. 100-485, In re Murphy, Dec. 18, 1987, p 36266.
     Seeking improper dismissal of parking tickets and for 
         misstating facts in a memorandum relating to an associate's 
         criminal probation record. H. Res. 440, H. Rept. 101-610, In re 
         Frank, July 26, 1990, p 19717.

  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:

      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.

  2 Hinds Sec. 1259.

      The resolution may call for direct and immediate action by the 
  House. Deschler Ch 12 Sec. 16. Such a resolution should be drafted to 
  apply to only one Member, although two or more Members may be 
  involved. 2 Hinds Sec. Sec. 1240, 1621.
      A resolution of censure presents a question of privilege. 3 Hinds 
  Sec. Sec. 2649-2651; 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. A resolution reported from committee may be adopted 
  with an amendment converting the resolution from one of censure to one 
  of a lesser sanction, such as reprimand. Deschler Ch 12 Sec. 16.1; 95-
  2, Oct. 13, 1978, p 37009.

[[Page 521]]

                    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 Sec. Sec. 1250, 1257, 
  1258, 1652. The resolution of censure may be withdrawn. 2 Hinds 
  Sec. 1250. If the House already has 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, 
  the House may levy a fine as a disciplinary measure against a Member 
  for certain misconduct. U.S. Const. art. I, Sec. 5, cl. 2; Deschler Ch 
  12 Sec. 17. The fine may be coupled with certain other disciplinary 
  measures deemed appropriate by the House. Examples of such fines 
  include the following:

     For improper expenditure of House funds for private purposes, 
         a fine of $25,000, to be deducted in monthly installments from 
         the Member's salary. 91-1, H. Res. 2, Jan. 3, 1969, p 29.
     For misuse of congressional clerk-hire, restitution of monies 
         in the amount in which the Member personally benefited by such 
         misuse. H. Res. 378, H. Rept. 96-351, In re Diggs, July 31, 
         1979, p 21584.
     For a serious violation that, in the opinion of the Committee 
         on Standards of Official Conduct, was more serious than one 
         deserving reprimand but less serious than one deserving 
         censure, reimbursement to the committee for the cost of 
         conducting the investigation, which was $300,000. H. Res. 31, 
         H. Rept. 105-1, In re Gingrich, Jan. 21, 1997, p 393.

  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

                             Seniority Status

      Deprivation of seniority status is a form of disciplinary action 
  that may be invoked by the House against a Member under article I, 
  section 5, clause 2 of the Constitution. Thus, the House may reduce a 
  Member's seniority to that of a first-term Congressman. Deschler Ch 12 
  Sec. 18.2. The House may also reduce a Member's committee seniority as 
  a result of party discipline enforced through the Member's party 
  caucus. Deschler Ch 12 Sec. 18.1.

                Committee Participation; Committee Chairman

      The chairman of a committee of the House may be subjected to a 
  variety of disciplinary measures for misconduct in his capacity as 
  chairman. In

[[Page 522]]

  one instance, a party caucus removed a Member from his position as 
  chairman of a committee based on a report disclosing certain 
  improprieties concerning his travel expenses and clerk-hiring 
  practices. Deschler Ch 12 Sec. 9.2. The members of a committee may, 
  consistent with the House rules, restrict a chairman's authority to 
  appoint special subcommittees or transfer authority from the chairman 
  to the membership and the subcommittee chairmen. Deschler Ch 12 
  Sec. Sec. 12.3, 12.4. 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. A 
  resolution alleging that a Member willfully abused his power as 
  chairman of a committee investigating campaign finance improprieties 
  by unilaterally releasing records of the committee in contravention of 
  its rules, and expressing disapproval of such conduct, constitutes a 
  question of the privileges of the House and may be tabled without 
  debate. 105-2, H. Res. 431, May 14, 1998, p ____.
      Rule 25 of the rules of the Republican Conference requires the 
  chairman of any committee or subcommittee to step aside temporarily 
  when indicted for a felony for which a prison sentence of two or more 
  years could be imposed. Rule 26 imposes a similar requirement on a 
  member of the leadership. Rule 27 imposes a more stringent requirement 
  that the chairman of any committee or subcommittee be replaced when 
  censured by the House or convicted of a felony for which a prison 
  sentence of two or more years could be imposed. Rules of the 
  Republican Conference, 107th Cong. Rules 50 and 51 of the rules of the 
  Democratic Caucus impose similar step-aside requirements on its 
  chairmen or ranking minority members. Rules of the Democratic Caucus, 
  107th Cong.
      Under rule XXIII clause 10, a Member, Delegate, or Resident 
  Commissioner who has been convicted by a court of record for the 
  commission of a crime for which a prison sentence of two or more years 
  could be imposed should refrain from participation in the business of 
  each committee of which he is a member.

              Voting by a Member Convicted of Certain Crimes

      Under rule XXIII clause 10, a Member who has been convicted by a 
  court of record for the commission of a crime for which a prison 
  sentence of two or more years could be imposed should refrain from 
  voting on any question in the House or the Committee of the Whole, 
  unless or until judicial or executive proceedings result in 
  reinstatement of the presumption of his innocence or until he is 
  reelected to the House after the date of such conviction.

[[Page 523]]

  Sec. 27 . Letter of Reproval

      A letter of reproval is a sanction the Committee on Standards of 
  Official Conduct may impose by majority vote. Rule 25(c), Rules of the 
  Committee on Standards of Official Conduct, 107th Cong. The committee 
  may issue a letter of reproval as indicated in the following examples:

     For bringing discredit to the House with respect to a Member's 
         ongoing professional relationship with a former member of his 
         staff, with respect to his campaign committee, and for 
         violating House gift restrictions. H. Rept. 106-979, In re 
         Shuster.
     For bringing discredit to the House by conduct in interacting 
         with two female employees. H. Rept. 101-293, In re Bates.
     Where the committee cited mitigating circumstances. H. Rept. 
         100-526, In re Rose.

  A letter of reproval may direct the Member to apologize. Deschler Ch 
  12 Sec. 13; H. Rept. 101-293, In re Bates.


[[Page 525]]

 
                   CHAPTER 26 - GERMANENESS OF AMENDMENTS

                              HOUSE PRACTICE

              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 Matter
  Sec.  6. -- Committee Jurisdiction
  Sec.  7. -- Fundamental Purpose
  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 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. -- Discretionary Powers
  Sec. 25. -- Use of Funds
  Sec. 26. Postponing Effectiveness Pending Contingency

[[Page 526]]

              D. Relation to Existing Law

  Sec. 27. Amendments to Bills Amending Existing Law
  Sec. 28. Amendments to Bills Repealing Existing Law
  Sec. 29. Amendments to Bills Incorporating Other Laws by Reference
  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 Sec. Sec. 5801-5924
          8 Cannon Sec. Sec. 2908-3064
          Deschler-Brown Ch 28
          Manual Sec. Sec. 467, 928-940, 1089


                               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 or 
  under the 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; Deschler-Brown Ch 28 
  Sec. Sec. 1, 17.2; 105-2, Dec. 18, 1998, p ____.

[[Page 527]]

      The House adopted its first germaneness rule in 1789, amended it 
  in 1822, and has retained the rule in every Congress. Rule XVI clause 
  7 states that no motion or proposition on a ``subject different from 
  that under consideration shall be admitted under color of amendment.'' 
  Manual Sec. 928. 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. Most State legislatures also 
  have germaneness requirements.
      As important as the germaneness rule may be to the legislative 
  process, it is not self-enforcing. A Member must raise a point of 
  order against an amendment to enforce the rule. The House frequently 
  waives the rule by adopting a special rule from the Committee on 
  Rules. Sec. 37, infra.

                 Application of Rule Limited to Amendments

      The germaneness rule applies to amendments 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. A bill 
  may be composed in the first instance to embrace different subjects. 
  The germaneness rule may preclude the introduction of a new subject by 
  way of amendment during consideration of the bill. 5 Hinds Sec. 5825. 
  For example, a point of order will not lie against an original 
  appropriation in a general appropriation bill because it is not 
  germane to the rest of the bill. Deschler-Brown Ch 28 Sec. 17.1.
      A point of order will not lie against a special order reported 
  from the Committee on Rules ``self-executing'' the adoption in the 
  House or in the Committee of the Whole of a nongermane amendment to a 
  measure because the amendment is not separately before the House 
  during consideration of the special order. Manual Sec. 928. For a 
  discussion of the germaneness of amendments to special orders reported 
  from the Committee on Rules, see Sec. 3, infra.

                   Application Before Adoption of Rules

      The germaneness requirement has been held applicable in the House 
  even before the adoption of the rules, under a theory of general 
  parliamentary law based upon precedent. Manual Sec. 60.


  Sec. 2 . Germaneness Defined; Factors To Be Considered

                                In General

      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.

[[Page 528]]

   The fact that two subjects are related does not necessarily render 
  each of them germane to the other. 8 Cannon Sec. Sec. 2970, 2971, 
  2995; Deschler-Brown Ch 28 Sec. 3.57. The germaneness of an amendment 
  may depend on the relative scope of the amendment 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, even though both propositions may be related to each other. 
  Sec. 10, infra. For example, 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, to be 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. The Chair only considers the relationship between the 
  amendment and an existing statute that the pending bill seeks to amend 
  if the existing statute is so comprehensively amended by the pending 
  bill as to call into question all its provisions. Manual Sec. 939; 8 
  Cannon Sec. 2942; Deschler-Brown Ch 28 Sec. 12.10. The Chair considers 
  the relationship of the amendment to the text to which it is offered 
  and does not rely in any primary sense on language in accompanying 
  reports not contained in the pending text. Deschler-Brown Ch 28 
  Sec. 2.3.
      The stage of the reading in the House or Committee of the Whole 
  also must be considered when evaluating 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. Deschler-Brown Ch 28 Sec. 18.1; 
  Sec. 3, infra.
      The germaneness of an amendment is not to be judged by the 
  apparent motives of the Member offering it. Deschler-Brown Ch 28 
  Sec. 46.1. In ruling on germaneness, the Chair does not determine the 
  legal effect of the bill, law, or amendment in question. The Chair 
  rules only on whether the amendment addresses a ``subject different'' 
  from that under consideration. Deschler-Brown Ch 28 Sec. Sec. 35.64-
  35.66.
      The title or heading of a bill is not controlling (although it may 
  be informative) in evaluating the germaneness of amendments offered to 
  propositions in the bill. The scope of a measure is determined by its 
  provisions and not by the phraseology of its formal title. Deschler-
  Brown Ch 28 Sec. 2.4. 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;

[[Page 529]]

  but the provisions under such a heading may be sufficiently diverse to 
  permit an amendment to be tested, in effect, by its germaneness to the 
  bill as a whole. Manual Sec. 929; Deschler-Brown Ch 28 Sec. 2.5.


  Sec. 3 . Proposition to Which Amendment Must Be Germane

                                 Generally

      The germaneness of an amendment is based on its relationship to 
  the particular portion of the bill to which offered. The amendment 
  should be germane to the particular paragraph, section, or title to 
  which it is offered and not anticipate the subject matter of other 
  portions not yet read or portions that have been passed in the 
  reading. Manual Sec. 929; 5 Hinds Sec. Sec. 5811-5820; 8 Cannon 
  Sec. 2922; Deschler-Brown Ch 28 Sec. 2. For example, the test of 
  germaneness of an amendment offered to a title of a bill being read 
  for amendment by titles is its relationship to the pending title as 
  perfected and not to the particular section within that title 
  addressed by the amendment. Manual Sec. 929.
      The germaneness of an amendment inserting a new portion is based 
  on the relationship of the amendment to the portions of the bill that 
  have been read. For example, the germaneness of an amendment adding a 
  new title to the end of the bill is based on the relationship of the 
  amendment to the entire bill. Manual Sec. 929. Similarly, an amendment 
  inserting a new section need not necessarily be germane to the 
  preceding section of the bill, it being sufficient that the amendment 
  be germane to the sections of the bill read to that point. By the same 
  reasoning, an amendment in the form of a new paragraph need not be 
  germane to the paragraph immediately preceding or following it. Manual 
  Sec. 929; 8 Cannon Sec. Sec. 2932-2935.

                     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. Deschler-Brown Ch 28 
  Sec. 2.24. 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. 
  Deschler-Brown Ch 28 Sec. 2.17. 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. Deschler-Brown Ch 28 Sec. 21.23.

[[Page 530]]

                       Consideration of Entire Bill

      An amendment might be 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. 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 its relationship to the particular section to which 
  offered. Manual Sec. 929; Deschler-Brown Ch 28 Sec. Sec. 2.6, 2.31, 
  19.21. An amendment that adds a new portion at the end of the bill is 
  evaluated by the relationship of the amendment to the entire bill. 
  Manual Sec. 929.
      The test of germaneness in the case of a motion to recommit with 
  instructions is the relationship of the instructions to the bill taken 
  as a whole and not merely their relationship to the separate portion 
  of the bill specifically proposed to be amended in the instructions. 
  Manual Sec. 929.

                        Effect of Prior Amendments

      In evaluating the germaneness of an amendment, the Chair considers 
  the relationship of the amendment to the bill as modified by the 
  adoption of a prior amendment 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. Manual Sec. 929; Deschler-Brown Ch 28 
  Sec. Sec. 2.9, 2.13, 35.32.

                  Effect of Pendency of Motion to Strike

      A perfecting amendment to a title in a bill may be offered while 
  there is pending a motion to strike the title. Such an amendment is to 
  the pending text and not to the motion to strike; and thus the 
  amendment is required to be germane to the text to which offered 
  rather than the motion to strike. Manual Sec. 929.

     Amendments to Special Orders Reported from the Committee on Rules

      An amendment offered to a special order reported from the 
  Committee on Rules (for example, waiving germaneness points of order 
  against a specified amendment to be offered) must be germane to that 
  resolution. A special order reported from the Committee on Rules 
  providing for the consideration of a bill relating to a certain 
  subject may be amended neither by an amendment that would substitute 
  the consideration of a different proposition nor an amendment that 
  would permit the additional consideration of a nongermane amendment to 
  the bill. Manual Sec. 928.

[[Page 531]]

  Sec. 4 . Tests of Germaneness

                   Generally; Nonexclusiveness of Tests

      Various tests may be invoked to determine the germaneness of an 
  amendment. These tests are not mutually exclusive. Manual Sec. 935. 
  The Chair, in evaluating germaneness, first must 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.
      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 some 
  sense related to the pending proposition.
      This principle is illustrated in the following precedents:

                                                Held Not Germane
 
                          Text                                                  Amendment
 
Excluding a Member-elect. . . .                          Expelling the Member-elect (5 Hinds Sec.  5924)
 
Expelling a Member. . . .                                Censuring a Member (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)
 
Erecting a building for a mint. . . .                    Changing coinage laws (5 Hinds Sec.  5884)
 
Raising price of agricultural products by creation of    Raising price by cooperative marketing (8 Cannon Sec.
 corporation. . . .                                       2912)
 
Increasing food supplies by educational and              Increasing food supplies by sale of fertilizer (8
 demonstrational methods. . . .                           Cannon Sec.  2980)
Enforcing State liquor laws. . . .                       Enforcing State firearm laws (Manual Sec.  932)
 


[[Page 532]]

  Sec. 5 . -- Subject Matter

      Rule XVI clause 7 precludes amendments ``on a subject different 
  from that under consideration.'' This test of germaneness implies more 
  than mere ``relevance.'' The test is whether or not a new subject is 
  introduced by the amendment. 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. Manual Sec. 932; 
  Deschler-Brown Ch 28 Sec. 3; see also Sec. 2, supra.
      This principle is illustrated in the following precedents:

                                                  Held Germane
 
                          Text                                                  Amendment
 
Creating 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)
 
Regulating immigration. . . .                            Providing an educational test for immigrants (5 Hinds
                                                          Sec.  5873)
 
Controlling public places in the District of Columbia.   Removing fence of Botanic Garden (5 Hinds Sec.  5914)
 . . .
 
Appropriating funds for acquisition of information       Appropriating funds for investigation incident thereto
 pertaining to agricultural products. . . .               (8 Cannon Sec.  3060)
 
Authorizing the construction of naval vessels. . . .     Providing that the vessels be constructed in government
                                                          plants (8 Cannon Sec.  3063)
 
Addressing the interrelation of House committees and     Addressing the content of reports from the Committee on
 imposing requirements for filing and content of          Appropriations and the jurisdictional responsibilities
 committee reports. . . .                                 of that committee and legislative committees (Deschler-
                                                          Brown Ch 28 Sec.  35.89)
 

[[Page 533]]

 
Ameliorating procedures relating to mortgage             Placing a moratorium on foreclosures of mortgages in
 foreclosure under the National Housing Act. . . .        economically depressed areas (Deschler-Brown Ch 28
                                                          Sec.  3.36)
 
Addressing certain sections of the Clean Air Act with    Addressing another section of that Act suspending for a
 respect to the impact of shortages of energy resources   temporary period the authority of the EPA
 on standards imposed under that Act. . . .               Administrator to control automobile emissions (Manual
                                                          Sec.  932)
 
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 (Deschler-Brown Ch 28
 powers on the Administrator. . . .                       Sec.  33.15)
 
Requiring a general study of factors affecting domestic  Requiring a study of a particular factor--currency
 production of automobiles                                exchange rates--affecting that production (Deschler-
                                                          Brown Ch 28 Sec.  10.6)
 


                                                Held Not Germane
 
                          Text                                                  Amendment
 
Admitting religious refugees. . . .                      Admitting political refugees (8 Cannon Sec.  3047)
 
Limiting immigration. . . .                              Disseminating information to attract a 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 the            Appropriating funds to pay claims so arbitrated (8
 government. . . .                                        Cannon Sec.  3057)
 
Eliminating wage discrimination based on the sex of the  Eliminating discrimination based on race (Deschler-
 employee. . . .                                          Brown Ch 28 Sec.  3.18)
 

[[Page 534]]

 
Authorizing the use of American civilians to operate an  Requiring that the U.S. contribution to the U.N. peace-
 early-warning system in the Sinai. . . .                 keeping forces in the Middle East be proportionately
                                                          reduced (Deschler-Brown Ch 28 Sec.  3.47)
 
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 (Deschler-Brown Ch 28 Sec.  3.5)
 
Extending the phased subsidization of certain            Establishing a new class of mail and postal rate
 categories of nonprofit mail. . . .                      therefor (Deschler-Brown Ch 28 Sec.  9.54)
 
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 (Deschler-Brown Ch 28 Sec.
 Revenue Code. . . .                                      35.52)
 
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 (Deschler-
 employment relative to such activities. . . .            Brown Ch 28 Sec.  9.50)
 
Addressing access to committee hearings and meetings. .  Addressing committee staffing (Deschler-Brown Ch 28
 . .                                                      Sec.  35.91)
 
Addressing the administrative structure of a new         Prohibiting the department from withholding funds to
 department. . . .                                        carry out certain objectives (Deschler-Brown Ch 28
                                                          Sec.  34.25)
During consideration of one of two reconciliation bills  Changing prospectively and indirectly the other
 reported by the Budget Committee. . . .                  reconciliation bill not then pending before the House
                                                          (Manual Sec.  932)
 
Reauthorizing the National Sea Grant College Program. .  Amending existing law to provide for automatic
 . .                                                      continuation of appropriations in the absence of
                                                          timely enactment of a regular appropriation bill
                                                          (Manual Sec.  932)
 

[[Page 535]]

 
Opposing concessional loans to a country and outlining   Waiving provisions of other law by requiring changes in
 principles governing the conduct of industrial           tariff schedules to achieve overall trade reciprocity
 cooperation projects of U.S. nationals in that           between that country and the United States (Manual
 country. . . .                                           Sec.  932)
 
Authorizing the deployment of troops to implement a      Expressing support for the armed forces in carrying out
 peace agreement. . . .                                   such mission (Manual Sec.  932)
 
Addressing enforcement of State liquor laws. . . .       Addressing enforcement of State firearm laws (Manual
                                                          Sec.  932)
 

                       Proposals Relating to Studies

      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. Deschler-Brown Ch 28 Sec. 30.37 (in effect 
  overturning 8 Cannon Sec. 2989). Conversely, an amendment requiring 
  certain action is not germane to a proposal that would merely require 
  a study. 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. Deschler-Brown Ch 28 Sec. 3.69. 
  However, if an amendment to a proposal to study a matter merely 
  requires the submission of proposed legislation to implement the 
  study, the amendment may be germane. Deschler-Brown Ch 28 Sec. 3.14.


  Sec. 6 . -- Committee Jurisdiction

                                 Generally

      Committee jurisdiction over the subject of an amendment is a 
  relevant test to be applied in determining the germaneness of that 
  amendment. Manual Sec. 934; Deschler-Brown Ch 28 Sec. 4. Thus, 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. Manual Sec. 933. Similarly, an amendment changing the 
  statement of policy contained in a bill is not germane if its effect 
  is to fundamentally change the purpose of the bill and to emphasize a 
  subject within the jurisdiction of another committee. Deschler-Brown 
  Ch 28 Sec. 4.11. Likewise, an amendment conferring authority on an 
  executive official not mentioned in the pending proposition is not ger

[[Page 536]]

  mane where the subject of that authority is not within the 
  jurisdiction represented in the pending proposition. Manual Sec. 934.
      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 XII to determine committee 
  jurisdiction over introduced legislation. Deschler-Brown Ch 28 
  Sec. 4.71. 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 represented in the pending text. Manual Sec. 930.
      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. Committee jurisdiction is but one 
  of the tests of germaneness. 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. 
  Manual Sec. 929. 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. 
  Deschler-Brown Ch 28 Sec. 4.54. The Chair also may 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. Manual Sec. 934. 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. Deschler-Brown Ch 28 
  Sec. 30.36.
      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. Deschler-Brown Ch 28 Sec. 4.99. Thus, 
  committee jurisdiction is a relevant test where an authorization bill 
  that is solely within one committee's jurisdiction is proposed to be 
  amended by permanent changes of laws within another committee's 
  jurisdiction. Deschler-Brown Ch 28 Sec. 24.1. 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. Manual 
  Sec. 934.
      This principle is illustrated in the following precedents:

[[Page 537]]



                                                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 Committee on the Judiciary (Deschler-Brown Ch
                                                          28 Sec.  4.52)
 
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
 . .                                                      (Deschler-Brown Ch 28 Sec.  4.26)
 
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 Committee on Foreign Affairs
                                                          (Deschler-Brown Ch 28 Sec.  4.46)
 
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'' (Deschler-Brown Ch 28 Sec.
                                                          4.3)
 
A bill authorizing environmental research and            Adding permanent regulatory authority by amending a law
 development activities of an agency for two years. . .   not within the jurisdiction of the committee reporting
 .                                                        the bill (Deschler-Brown Ch 28 Sec.  4.1)
 
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 (Manual Sec.  934)
 
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 (Deschler-Brown
 .                                                        Ch 28 Sec.  4.2)
 

[[Page 538]]

 
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 (Deschler-Brown Ch 28 Sec.  4.8)
 
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 the Committee on
                                                          Ways and Means (Deschler-Brown Ch 28 Sec.  4.74)
 
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. . . .                                          (Deschler-Brown Ch 28 Sec.  4.99)
 
A bill reported from the Committee on Ways and Means     Precluding the purchase of fuel-inefficient automobiles
 providing taxes and tax incentives to conserve energy.   by the government, a subject within the jurisdiction
 . . .                                                    of the Committee on Government Operations (Deschler-
                                                          Brown Ch 28 Sec.  4.21)
 
A bill reported from the Committee on Interstate and     Reducing energy consumption by the Federal government
 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 (Deschler-Brown Ch 28
                                                          Sec.  4.13)
 
A bill reported by the Committee on Ways and Means       Eliminating all price support payments for sugar, a
 dealing only with import duties and quotas on sugar. .   matter within the jurisdiction of the Committee on
 . .                                                      Agriculture (Deschler-Brown Ch 28 Sec.  4.73)
 

[[Page 539]]

 
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 Committee on
                                                          Banking (Deschler-Brown Ch 28 Sec.  3.46)
 
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 (Deschler-Brown Ch
                                                          28 Sec.  4.104)
 
A bill reported from the Committee on Education and      Establishing a contingent military service obligation
 Labor authorizing a variety of civilian national         (a matter within the selective service jurisdiction of
 service programs. . . .                                  the Committee on Armed Services) (Manual Sec.  934)
 
A bill reauthorizing programs administered by two        Providing for authority that is more general in scope,
 agencies within one committee's jurisdiction. . . .      affecting agencies within the jurisdiction of other
                                                          committees (Manual Sec.  934)
 
A bill reported by the Committee on Transportation and   Rescinding previously appropriated funds for certain
 Infrastructure reforming and privatizing Amtrak. . . .   administrative expenses, a matter within the
                                                          jurisdiction of the Committee on Appropriations
                                                          (Manual Sec.  934)
 
A concurrent resolution expressing a sense of Congress   Addressing legislative responses to that problem,
 with respect to the availability of public funds for     within the jurisdiction of other committees (Manual
 expenses incurred in the evaluation of a problem. . .    Sec.  934)
 .
 
A bill reported from the Committee on Government Reform  Proposing to extend the application of that law to
 and Oversight proposing to alter responsibilities of     entities of the legislative branch, a matter within
 executive branch agencies under an existing law. . . .   the jurisdiction of the Committee on House
                                                          Administration (Manual Sec.  934)
 

[[Page 540]]

 
A resolution authorizing the deployment of troops to     Expressing support for the armed forces carrying out
 implement a peace agreement, within the jurisdiction     such mission, within the jurisdiction of both the
 of the Committee on International Relations. . . .       Committees on Armed Services and International
                                                          Relations (Manual Sec.  934)
 
A bill comprehensively amending agricultural law and     Proposing to extend an existing dairy compact and
 addressing some laws outside the jurisdiction of the     create three new dairy compacts, within the
 Committee on Agriculture. . . .                          jurisdiction of the Committee on the Judiciary (Manual
                                                          Sec.  934)
 

  Sec. 7 . -- Fundamental Purpose

      Another test used by the Chair in determining germaneness is one 
  in which the fundamental purpose of the bill is compared with the 
  fundamental purpose of the amendment. Manual Sec. 933. 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; Deschler-Brown Ch 28 Sec. 4.10. 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. However, an 
  amendment connecting A and D would have a different purpose and would 
  not be germane. 5 Hinds Sec. 5909.
      An amendment changing the statement of policy contained in a bill 
  is not germane if its effect is to fundamentally change the purpose of 
  the bill. Deschler-Brown Ch 28 Sec. 4.11. An amendment changing the 
  law with respect to the operations of one agency is not germane to a 
  bill relating to the operations of a different agency. Deschler-Brown 
  Ch 28 Sec. 5.24.
      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. Manual Sec. 933; 
  Deschler-Brown Ch 28 Sec. 5.12. 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. Deschler-Brown Ch 28 Sec. 5.20.

[[Page 541]]

      This principle is illustrated in the following precedents:

                                                  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 (Deschler-Brown Ch 28 Sec.  5.23)
 
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 (Deschler-Brown Ch 28 Sec.  5.3)
 
Enforcing constitutional voting rights by requiring      Providing for court appointment of voting referees to
 preservation of Federal election returns. . . .          insure protection of voters' rights (Deschler-Brown Ch
                                                          28 Sec.  5.2)
 
Criminalizing use of a firearm during the commission of  Criminalizing carrying of a firearm during the
 a felony that may be prosecuted in a Federal court. .    commission of a felony that may be prosecuted in
 . .                                                      either a State or Federal court (Deschler-Brown Ch 28
                                                          Sec.  12.10)
 
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 (Deschler-Brown Ch 28 Sec.
                                                          5.12)
 
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 (Deschler-Brown Ch 28 Sec.  5.1)
 

[[Page 542]]

 
Freezing the obligation of funds for fiscal year 1996    Permitting an increase in the obligation of such funds
 for missile defense until the Secretary of Defense       on the basis of legislative findings concerning
 rendered a specified readiness certification. . . .      readiness, as each proposition addressed the
                                                          relationship between 1996 funding levels for missile
                                                          defense and readiness (Manual Sec.  933)
 


                                                Held Not Germane
 
                          Text                                                  Amendment
 
Proposing a constitutional amendment relating to the     Proposing an apportionment of Representatives and
 election of the President and Vice President by          concerning the size of congressional districts
 popular vote rather than through the electoral college   (Deschler-Brown Ch 28 Sec.  8.12)
 process. . . .
 
Authorizing military assistance programs to foreign      Authorizing a contribution to the U.N. International
 nations. . . .                                           Atomic Energy Agency (Deschler-Brown Ch 28 Sec.
                                                          42.52)
 
Authorizing law enforcement agency grants to purchase    Providing for the purchase of bulletproof vests
 photographic and fingerprint equipment for law           (Deschler-Brown Ch 28 Sec.  3.78)
 enforcement 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 (Deschler-Brown Ch 28 Sec.  6.20)
 
Establishing a new office within a government            Abolishing the department (Deschler-Brown Ch 28 Sec.
 department. . . .                                        4.109)
 
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 (Deschler-
                                                          Brown Ch 28 Sec.  5.15)
 

[[Page 543]]

 
Extending various laws relating to higher education. .   Imposing restrictions on preschool, elementary, and
 . .                                                      secondary education policy (Deschler-Brown Ch 28 Sec.
                                                          35.58)
 
Providing funding for urban highway transportation       Broadening the bill to include rail transportation
 systems. . . .                                           (Deschler-Brown Ch 28 Sec.  4.62)
 
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 and
 activities. . . .                                        prohibiting lobbying within certain areas (Deschler-
                                                          Brown Ch 28 Sec.  5.31)
 
Relating to the minting and issuance of public           Providing for a commemorative coin intended for private
 currency. . . .                                          circulation (Deschler-Brown Ch 28 Sec.  5.27)
 
Addressing substance abuse through prevention and        Imposing civil penalties on drug dealers (Manual Sec.
 treatment. . . .                                         933)
 
Impeaching the President. . . .                          Censuring the President (Manual Sec.  933)
 
Authorizing a State attorney general to bring a civil    Singling out certain violations of liquor laws on the
 action in Federal court against a person who has         basis of their regard for any and all firearms issues
 violated a State law regulating intoxicating liquor. .   (Manual Sec.  933)
 . .
 
Authorizing a State attorney general to bring a civil    Creating new Federal laws to regulate intoxicating
 action in Federal court against a person who has         liquor (Manual Sec.  933)
 violated a State law regulating intoxicating liquor. .
 . .
 

  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 also 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. 933; Deschler-Brown Ch 28 Sec. 6.4. Under this principle, when a 
  proposition to accomplish

[[Page 544]]

  a certain purpose by one method is pending, an amendment seeking to 
  achieve the same purpose by another closely related method is germane. 
  Deschler-Brown Ch 28 Sec. 5.14. 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 may 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. Deschler-Brown Ch 28 Sec. 6.8. However, an amendment to 
  accomplish a similar purpose by an unrelated method, not contemplated 
  by the bill, is not germane. Deschler-Brown Ch 28 Sec. 6.4.
      This principle is illustrated in the following precedents:

                                                  Held Germane
 
                          Text                                                  Amendment
 
Accomplishing a result through regulation by an          Achieving the same result through the use of another
 executive branch agency. . . .                           governmental entity (Deschler-Brown Ch 28 Sec.  6.8)
 
Conducting 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. . . .                 (Deschler-Brown Ch 28 Sec.  6.9)
 
Providing loan guarantee programs for all States and     Providing direct loans (and limiting them to New York)
 subdivisions. . . .                                      (Deschler-Brown Ch 28 Sec.  6.4)
 
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 (Manual Sec.  933)
 regulations. . . .
 
Freezing the obligation of funds for fiscal year 1996    Permitting an increase in the obligation of such funds
 for missile defense until the Secretary of Defense       on the basis of legislative findings concerning
 rendered a specified readiness certification. . . .      readiness, as each proposition addressed the
                                                          relationship between 1996 funding levels for missile
                                                          defense and readiness (Manual Sec.  933)
 


[[Page 545]]


                                                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 (Deschler-Brown Ch
 automobiles. . . .                                       28 Sec.  6.12)
 
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
                                                          (Deschler-Brown Ch 28 Sec.  6.36)
 
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 (Deschler-Brown Ch 28 Sec.  9.11)
 
Authorizing the promulgation of national drinking water  Requiring the negotiation and enforcement of
 standards to protect public health from contaminants.    international agreements to accomplish that purpose
 . . .                                                    (Deschler-Brown Ch 28 Sec.  6.25)
 
Controlling crime through research and training. . . .   Controlling crime through regulation of the sale of
                                                          firearms (Deschler-Brown Ch 28 Sec.  6.6)
 
Extending unemployment compensation benefits during a    Stimulating economic growth by tax incentives and
 period of economic recession. . . .                      regulatory reform (Manual Sec.  933)
 
Promoting technological advancement by fostering         Promoting same by changes in tax and antitrust laws
 Federal research and development. . . .                  (Manual Sec.  933)
 
Providing financial assistance to domestic agriculture   Protecting domestic agriculture by restricting imports
 through a system of price support payments. . . .        in competition therewith (Deschler-Brown Ch 28 Sec.
                                                          6.18)
 
Addressing substance abuse through prevention and        Imposing civil penalties on drug dealers (Manual Sec.
 treatment. . . .                                         933)
 
Impeaching the President. . . .                          Censuring the President (Manual Sec.  933)
 

[[Page 546]]

 
Authorizing a State attorney general to bring a civil    Singling out certain violations of liquor laws on the
 action in Federal court against a person who has         basis of their regard for any and all firearms issues
 violated a State law regulating intoxicating liquor. .   (Manual Sec.  933)
 . .
 
Authorizing a State attorney general to bring a civil    Creating new Federal laws to regulate intoxicating
 action in Federal court against a person who has         liquor (Manual Sec.  933)
 violated a State law regulating intoxicating liquor. .
 . .
 

  Sec. 9 . -- Individual Proposition or Class Not Germane to Another

      One individual proposition is not germane to another individual 
  proposition. Manual Sec. 936; 8 Cannon Sec. Sec. 2951-2953, 2963-2966; 
  Deschler-Brown Ch 28 Sec. Sec. 8.23, 8.33. 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 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. Deschler-Brown Ch 28 
  Sec. 8.7.
      Where a bill covers two or more subjects within a readily 
  definable class, it is not germane to add subjects outside of that 
  class by way of amendment. Deschler-Brown Ch 28 Sec. 3.80. 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. Manual Sec. 936.
      To a bill dealing with relief for one class, an amendment seeking 
  to include another class is not germane. Deschler-Brown Ch 28 
  Sec. 13.19. Thus, to a bill providing financial relief for one class--
  agricultural producers--an amendment was held not germane where it 
  extended such relief to another class, commercial fishermen, 
  particularly where relief to the latter class was within the 
  jurisdiction of another committee. Deschler-Brown Ch 28 Sec. 4.70.
      To a bill extending certain provisions to specified categories 
  within a certain class of employees, an amendment extending those 
  provisions to an

[[Page 547]]

  additional category of employees within that same class is germane. 
  Deschler-Brown Ch 28 Sec. 12.1. However, such an amendment is not 
  germane if it brings other classes of employees within the scope of 
  the bill. Deschler-Brown Ch 28 Sec. 13.1.
      This principle is illustrated in the following precedents:

                                                Held Not Germane
 
                          Text                                                  Amendment
 
Providing for the relief of one individual. . . .        Providing for similar relief of another (5 Hinds Sec.
                                                          Sec.  5826-5929)
 
Exterminating 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 persons in the Army.  Extending benefits to dependents in the National Guard
 . . .                                                    (8 Cannon Sec.  2953)
 
Pensioning veterans of Indian wars. . . .                Pensioning veterans of Mexican wars (8 Cannon Sec.
                                                          2960)
 
Appropriating funds for only one year (and containing    Extending the appropriation to another year (Manual
 no provisions extending beyond that year). . . .         Sec.  936; 8 Cannon Sec.  2913)
 
Relating to congressional actions on the budget. . . .   Repealing the Impoundment Control Act, thereby
                                                          addressing Presidential authority to rescind or defer
                                                          (Deschler-Brown Ch 28 Sec.  4.89)
 
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
                                                          (Manual Sec.  936)
 
Disposing of tin from the national stockpile. . . .      Disposing of silver from the national stockpile
                                                          (Deschler-Brown Ch 28 Sec.  8.33)
 
Providing financial assistance to the States for         Providing loans to assist in the construction of
 construction of public school facilities. . . .          private schools (Deschler-Brown Ch 28 Sec.  8.39)
 

[[Page 548]]

 
Settling a particular railway labor dispute. . . .       Settling another dispute between a different railroad
                                                          company and its employees (Deschler-Brown Ch 28 Sec.
                                                          8.34)
 
Prohibiting a certain class of activities. . . .         Including another class of prohibited activities
                                                          (Deschler-Brown Ch 28 Sec.  8.7)
 
Designing certain coins. . . .                           Specifying the metal content of other coins (Deschler-
                                                          Brown Ch 28 Sec.  8.35)
 
Regulating poll-closing time in Presidential general     Extending the provisions to Presidential primary
 elections. . . .                                         elections (Deschler-Brown Ch 28 Sec.  8.13)
 
Relating to the civil service system for Federal         Including other classes of employees (postal and
 civilian employees. . . .                                District of Columbia employees) (Deschler-Brown Ch 28
                                                          Sec.  8.4)
 
Providing a cost-of-living adjustment for foreign        Providing a comparable adjustment in annuities for
 service retirees. . . .                                  Federal civil service employees (Deschler-Brown Ch 28
                                                          Sec.  8.6)
 
Determining the equitability of Federal pay practices    Extending the determination of fairness to pay
 under statutory systems applicable to agencies of the    practices in the legislative branch (Deschler-Brown Ch
 executive branch. . . .                                  28 Sec.  13.8)
 
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
 employees. . . .                                         (Deschler-Brown Ch 28 Sec.  13.7)
 
Authorizing grants to States for purchase of one class   Including assistance for the purchase of a different
 of equipment (photographic and fingerprinting            class of equipment (bulletproof vests) (Deschler-Brown
 equipment) for law enforcement purposes. . . .           Ch 28 Sec.  8.37)
 

[[Page 549]]

 
Addressing violent crimes. . . .                         Addressing nonviolent crimes, such as crimes of fraud
                                                          and deception or crimes against the environment
                                                          (Manual Sec.  936)
 
Naming a facility after a specific person. . . .         Substituting the name of a different person (8 Cannon
                                                          Sec.  2955) where it could not be shown that the
                                                          amendment merely intended a return to the facility's
                                                          existing designation (105-2, Feb. 4, 1998, p ____)
 
Addressing whether public funds should be available for  Addressing the same question for unrelated endeavors of
 specified endeavors of one group. . . .                  another group (Manual Sec.  936)
 
Altering responsibilities of executive branch agencies   Extending the application of that law to entities of
 under an existing law. . . .                             the legislative branch (Manual Sec.  936)
 

  Sec. 10 . -- General Amendments to Specific or Limited Propositions

      A specific proposition may not be amended by a proposition more 
  general in scope. Manual Sec. 937; 5 Hinds Sec. 5843; 8 Cannon 
  Sec. Sec. 2997, 2998; Deschler-Brown Ch 28 Sec. 9. Thus, an amendment 
  applicable to fruits of all kinds would not be germane to a bill 
  dealing only with apples. An amendment applicable to all departments 
  and agencies is not germane to a bill limited in its application to 
  certain departments and agencies. Deschler-Brown Ch 28 Sec. 9.22. Even 
  an amendment that 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. Deschler-Brown Ch 28 Sec. 9.42. Thus, an 
  amendment rewriting an entire concurrent resolution on the budget was 
  held not germane to a perfecting amendment that proposed certain 
  changes in figures for one of the years covered by the resolution. 
  Deschler-Brown Ch 28 Sec. 9.38.
      This principle is illustrated in the following precedents:

[[Page 550]]



                                                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)
 . .
 
Applying proposition to one bureau of the Navy           Applying proposition to the Navy Department as a whole
 Department. . . .                                        (8 Cannon 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)
 
Authorizing foreign economic assistance to certain       Requiring reports on human rights violations by all
 qualifying nations. . . .                                foreign countries (Deschler-Brown Ch 28 Sec.  35.58)
 
Restricting the use of funds for military operations in  Extending that restriction to other countries in
 South Vietnam. . . .                                     Indochina (Deschler-Brown Ch 28 Sec.  9.48)
 
Amending the Constitution to prohibit the U.S. or any    Requiring the U.S. and all States to treat persons 18
 State from denying persons 18 years of age or older      years and older as having reached the age of legal
 the right to vote. . . .                                 majority for all purposes under the law (Manual Sec.
                                                          937)
 
Criminalizing obstruction of court orders relating to    Extending criminalization to all court orders (Deschler-
 desegregation of public schools. . . .                   Brown Ch 28 Sec.  9.12)
 
Relating to official conduct of Federal employees. . .   Relating to any criminal conduct of those officials
 .                                                        (Deschler-Brown Ch 28 Sec.  9.49)
 
Extending the benefits of a Federal program to one       Extending the benefits to a broader category--all
 class (public schools). . . .                            nonprofit institutions in depressed areas (Deschler-
                                                          Brown Ch 28 Sec.  39.18)
 

[[Page 551]]

 
Amending existing law to promote economic development    Requiring a study of the impact of all Federal, State,
 through financial assistance to local communities. . .   and local laws and regulations on employment
 .                                                        opportunities (Deschler-Brown Ch 28 Sec.  9.35)
 
Addressing mental health. . . .                          Addressing a variety of public health programs
                                                          (Deschler-Brown Ch 28 Sec.  4.104)
 
Suspending temporarily certain requirements of the       Suspending temporarily other requirements of all other
 Clean Air Act. . . .                                     environmental protection laws (Deschler-Brown Ch 28
                                                          Sec.  4.5)
 
Authorizing activities of certain government agencies    Permanently changing existing law to cover a broader
 for a temporary period. . . .                            range of government activities (Manual Sec.  937)
 
Appropriating or authorizing funds for only one year. .  Extending the appropriation or authorization to another
 . .                                                      year (Deschler-Brown Ch 28 Sec.  9.2)
 
Amending an existing law to authorize a program. . . .   Restricting authorizations under that or any other act
                                                          (Manual Sec.  937)
 
Striking from a bill one activity from those covered by  Striking an entire subsection of the bill, thereby
 the law being amended. . . .                             eliminating the applicability of existing law to a
                                                          number of activities (Manual Sec.  937)
 
Continuing funding within one executive department. . .  Addressing funding for other departments or addressing
 .                                                        the compensation of all Federal employees (Manual Sec.
                                                           937)
 
Relating to 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 (Deschler-Brown Ch
 institution). . . .                                      28 Sec.  35.48)
 
Appropriating funds for a program for one fiscal year.   Relating to eligibility for funding in any fiscal year
 . . .                                                    (Deschler-Brown Ch 28 Sec.  15.24)
 

[[Page 552]]

 
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
                                                          (Deschler-Brown Ch 28 Sec.  9.20)
Proposing a temporary change in law. . . .               Proposing permanent changes in that law (Manual Sec.
                                                          937)
 
Amending an authority of an agency under an existing     Expressing the sense of Congress on regulatory agencies
 law. . . .                                               generally (Manual Sec.  937)
 
Establishing an office without regulatory authority in   Addressing requirements of compensation for
 the Department of the Interior to manage biological      constitutional takings by other regulatory agencies
 information. . . .                                       (Manual Sec.  937)
 
Waiving a requirement in existing law that an            Enacting by reference bills containing not only that
 authorization be enacted before the obligation of        authorization but also other policy matters (Manual
 certain funds. . . .                                     Sec.  937)
 
Relating only to a certain appropriation account in a    Relating not only to that account but also to funds in
 bill. . . .                                              other acts (Manual Sec.  937)
 
Raising an employment ceiling for one year. . . .        Addressing in permanent law a hiring preference system
                                                          for such employees (Manual Sec.  937)
 
Authorizing Federal funds for qualifying State national  Conditioning a portion of such funding on the enactment
 service programs. . . .                                  of State laws immunizing volunteers in nonprofit or
                                                          public programs, generally, from certain legal
                                                          liabilities (Manual Sec.  937)
 
Addressing particular educational requirements imposed   Addressing any requirements imposed on educational
 on educational agencies. . . .                           agencies by the underlying bill (Manual Sec.  937)
 
Reauthorizing programs administered by the Economic      Waiving any Federal regulation that would interfere
 Development Administration and the Appalachian           with economic development (Manual Sec.  937)
 Regional Commission. . . .
 

[[Page 553]]

 
Prohibiting a certain class of abortion procedures. . .  Prohibiting any or all abortion procedures (Manual Sec.
 .                                                         937)
 
Addressing a class of imported goods (those produced by  Addressing all imported goods from one specified
 forced labor). . . .                                     country (Manual Sec.  937)
 

  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. Manual Sec. 938; 
  8 Cannon Sec. Sec. 3002, 3009, 3012; Deschler-Brown Ch 28 Sec. 10. 
  Thus, a bill regulating the transportation of fruits of all kinds 
  could be amended by language applicable specifically to oranges. Where 
  a bill seeks to accomplish a general purpose by diverse methods, an 
  amendment that adds a specific method to accomplish that result may be 
  germane. Deschler-Brown Ch 28 Sec. 6.47. Thus, to a bill authorizing a 
  broad program of research and development, an amendment directing 
  specific emphasis during the administration of that program was held 
  germane. Deschler-Brown Ch 28 Sec. 10.9.
      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. Deschler-Brown Ch 28 
  Sec. 10.10.
      An amendment defining a term in a bill may be germane so long as 
  it relates to the bill (but may not rely on a relationship to a law 
  being amended by the bill in aspects 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. Deschler-Brown Ch 28 Sec. 10.1.
      This principle is illustrated in the following precedents:

                                                  Held Germane
 
                          Text                                                  Amendment
 
Appropriating a lump sum for rivers and harbors. . . .   Designating specific projects on which a lump sum
                                                          should be expended (8 Cannon Sec. Sec.  3004, 3008)
 

[[Page 554]]

 
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 (Deschler-Brown Ch
                                                          28 Sec.  42.27)
 
Conferring wide discretionary powers upon an energy      Directing the administrator to issue preliminary summer
 administrator. . . .                                     guidelines for citizen fuel use (Deschler-Brown Ch 28
                                                          Sec.  33.15)
 
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 (Deschler-Brown Ch 28 Sec.  33.12)
 
Directing the President to require all government        Limiting the number of ``fuel-inefficient'' passenger
 agencies to use economy-model motor vehicles. . . .      motor vehicles that the government could purchase
                                                          (Deschler-Brown Ch 28 Sec.  10.11)
 
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 (Deschler-
                                                          Brown Ch 28 Sec.  6.47)
 
Addressing a range of criminal prohibitions. . . .       Addressing another criminal prohibition within that
                                                          range (Manual Sec.  938)
 
Addressing violent crimes. . . .                         Addressing violent crimes involving the environment
                                                          (Manual Sec.  938)
 

  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. Manual Sec. 938; 8 Cannon Sec. 3016; Deschler-
  Brown Ch 28 Sec. 11.

[[Page 555]]

   For example, a bill regulating the transportation of apples and 
  oranges could be amended by language extending the bill to bananas. 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. Deschler-Brown Ch 28 Sec. 11.16. Likewise, where a bill 
  contains several unrelated titles on a general subject, an amendment 
  adding a further title within that general subject is germane. Manual 
  Sec. 929. Where a bill defines several unlawful acts, an amendment 
  proposing to include another unlawful act of the same class is 
  germane. Deschler-Brown Ch 28 Sec. 11.21.
      On the other hand, where a bill covers two or more subjects within 
  a readily definable class, it is not germane to add subjects outside 
  of that class by way of amendment. Manual Sec. 938. 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.
      To a bill containing definitions of several of the terms used 
  therein, an amendment may be germane that modifies one of the 
  definitions and adds another (Deschler-Brown Ch 28 Sec. 30.34) or that 
  further defines other terms used in the bill (Deschler-Brown Ch 28 
  Sec. 11.2).
      This principle is illustrated in the following precedents:

                                                  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 injuries.   Authorizing payment to another employee for such
 . . .                                                    injuries (8 Cannon 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 also to motorcycles and trailers (7 Cannon
 automobiles. . . .                                       Sec.  1415)
 

[[Page 556]]

 
Setting forth diverse findings and purposes related to   Setting forth a further finding or purpose related to
 a general subject. . . .                                 that subject (Deschler-Brown Ch 28 Sec.  11.23)
 
Prohibiting indirect assistance to several foreign       Including additional countries within that prohibition
 countries. . . .                                         (Deschler-Brown Ch 28 Sec.  12.9)
 
Relating to diverse political rights of the people of    Conferring upon that electorate the additional right of
 the District of Columbia. . . .                          electing a nonvoting Delegate to the Senate (Deschler-
                                                          Brown Ch 28 Sec.  11.25)
 
Funding several departments and agencies. . . .          Funding subway construction in the District of Columbia
                                                          (Manual Sec.  938)
 
Extending coverage of gun control laws to rifles,        Relating to registration of firearms by the purchasers
 shotguns, and ammunition. . . .                          thereof (Deschler-Brown Ch 28 Sec.  11.36)
 
Criminalizing a number of activities in the field of     Criminalizing a further activity, ``loansharking''
 interstate consumer credit transactions. . . .           (Deschler-Brown Ch 28 Sec.  11.15)
 
Extending the coverage of the Flammable Fabrics Act to   Extending such coverage further to include children's
 include wearing apparel and household furnishings. . .   toys (Deschler-Brown Ch 28 Sec.  11.16)
 .
 
Reducing tax liabilities in several diverse ways--       Adding an additional tax credit (Deschler-Brown Ch 28
 including tax credits. . . .                             Sec.  11.34)
 
Providing farm programs for dairy products, wool, feed   Adding a new program for poultry and eggs (Deschler-
 grains, cotton and wheat. . . .                          Brown Ch 28 Sec.  11.28)
 
Addressing violent crimes. . . .                         Addressing violent crimes involving the environment
                                                          (Manual Sec.  938)
 

  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. An amendment offered to an appropriation bill is 
  judged by the general tests of germaneness that are set forth 
  elsewhere in this chapter. Sec. 4, supra;

[[Page 557]]

  Sec. 25, infra. Although general appropriation bills are normally read 
  by paragraph, an amendment that increases an appropriation by transfer 
  from an account in another paragraph is normally offered under the 
  protection of rule XXI clause 2(f). Therefore, in modern practice, the 
  germaneness rule does not preclude such a transfer amendment. Manual 
  Sec. 929.
      Subject to clause 2(c) of rule XXI (requiring that limitation 
  amendments to general appropriation bills be offered at the end of the 
  reading of the bill for amendment), an amendment limiting the use of 
  funds by a particular agency funded in a general appropriation bill 
  may be germane to the paragraph carrying the funds or to any general 
  provisions portion of the bill affecting that agency or all agencies 
  funded by the bill. However, an amendment limiting funds in a general 
  appropriation bill for activities prescribed by laws unrelated to the 
  functions of departments and agencies addressed by the bill was held 
  not germane. Manual Sec. 929.
      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. 1062; see Appropriations.
      This principle is illustrated in the following precedents:

                                                  Held Germane
 
                          Text                                                  Amendment
 
Appropriating certain funds and permitting them to       Placing certain restrictions on their use, to become
 remain available beyond the fiscal year covered by the   effective after the expiration of the fiscal year
 bill. . . .                                              (Deschler-Brown Ch 28 Sec.  15.27)
 
Appropriating funds for foreign assistance programs. .   Denying funds therein to pay arrearages or dues of
 . .                                                      members of the United Nations (Deschler-Brown Ch 28
                                                          Sec.  15.8)
 
Appropriating funds for the Department of Agriculture    Limiting funds in the Act for chemical pesticides where
 and including a specific allocation of funds for         their use would be prohibited by State or local law
 animal disease and pest control. . . .                   (Deschler-Brown Ch 28 Sec.  15.7)
 
Appropriating funds for the Department of Defense. . .   Limiting funds in the Act for financing of certain
 .                                                        military operations (Deschler-Brown Ch 28 Sec.  15.27)
 


[[Page 558]]


                                                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
                                                          (Deschler-Brown Ch 28 Sec.  15.15)
 
Continuing appropriations pending enactment of regular   Requiring an agency to report to each Member the total
 appropriation bills and curtailing certain government    Federal expenditures in his congressional district and
 expenditures. . . .                                      directing the Members to take certain steps to effect
                                                          a reduction in expenditures (Deschler-Brown Ch 28 Sec.
                                                           15.48)
 
Continuing appropriations for certain departments and    Restricting the total administrative budget
 agencies for one month. . . .                            expenditures for the fiscal year and thus affecting
                                                          funds not continued by the bill (Deschler-Brown Ch 28
                                                          Sec.  15.17)
 
Providing supplemental appropriations for certain        Affecting appropriations for virtually all departments
 specified departments of government. . . .               and agencies of government (Deschler-Brown Ch 28 Sec.
                                                          15.14)
 
Continuing the availability of appropriated funds and    Changing permanent law as to the eligibility of certain
 also imposing diverse legislative conditions on the      recipients (Deschler-Brown Ch 28 Sec.  15.26)
 availability of appropriations. . . .
 
Appropriating funds for an agency for one year. . . .    Changing the appropriation figure but also adding
                                                          language having the effect of permanent law (Deschler-
                                                          Brown Ch 28 Sec.  27.24)
 
Appropriating funds for a certain purpose for one        Appropriating funds for another government agency for
 government agency. . . .                                 the same general purpose (Deschler-Brown Ch 28 Sec.
                                                          15.37)
 
During consideration of a general appropriation bill. .  Limiting funds therein to activities prescribed by laws
 . .                                                      unrelated to the functions of departments and agencies
                                                          addressed by the bill (Manual Sec.  929)
 


[[Page 559]]

          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 motions to recommit with 
  instructions (Sec. 20, infra). The rule applies to amendments 
  recommended by committee as well as to amendments offered 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 
  that is open to amendment; that is, an amendment must be germane to 
  the pending paragraph, section, or title. Manual Sec. 929; Deschler-
  Brown Ch 28 Sec. 18. The Chair will evaluate the germaneness of an 
  amendment by comparing the amendment to the pending portion of the 
  bill without considering the bill as a whole. Deschler-Brown Ch 28 
  Sec. 18.3.
      The test of germaneness of an amendment is its relationship to the 
  pending portion of the bill, as amended to that point. Manual 
  Sec. 929. For this reason, an amendment inserting a new section may be 
  ruled out because it is not germane to the bill as read to that point. 
  However, a similar amendment may be allowed subsequently when the 
  scope of the bill has been broadened by additional sections passed in 
  the reading or adoption of additional amendments. Deschler-Brown Ch 28 
  Sec. 18.1. An amendment that would be germane if offered when the bill 
  is first taken up may not be germane to the bill, as modified, after 
  portions of the bill have been stricken by amendments. 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. The Chair will evaluate the relationship of 
  the amendment to as much of the bill as has been read. 8 Cannon 
  Sec. Sec. 2932, 2935; Deschler-Brown Ch 28 Sec. 19. If an amendment is 
  offered at the conclusion of the reading, the Chair will evaluate the 
  relationship of the amendment to the bill

[[Page 560]]

  as a whole, as perfected. Manual Sec. 929; Deschler-Brown Ch 28 
  Sec. 19.3. For this reason, an amendment that might not be germane 
  when offered to a particular title of a bill may be considered germane 
  if offered as a new title. Deschler-Brown Ch 28 Sec. 18.7. This test 
  is applied even though the amendment in effect modifies (albeit 
  indirectly) a provision previously read and passed. Deschler-Brown Ch 
  28 Sec. 19.11.
      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. Deschler-
  Brown Ch 28 Sec. 3.11.


  Sec. 17 . Striking Text

      An amendment striking language from a bill may not be germane if 
  the result of the amendment extends the scope of the provisions of the 
  bill to subjects other than those originally presented. 8 Cannon 
  Sec. 2920. Deschler-Brown Ch 28 Sec. 20. A pro forma amendment merely 
  to ``strike the last word'' to secure time for debate in the Committee 
  of the Whole is germane. Manual Sec. 928.


  Sec. 18 . Substitute Amendments

      The test of the germaneness of a substitute amendment is its 
  relationship to the amendment to which it is offered and not its 
  relationship to the underlying bill. Manual Sec. 929; Deschler-Brown 
  Ch 28 Sec. 21. A substitute must be confined in scope to the subject 
  of the amendment and must relate to the same portion of the bill being 
  addressed by the amendment. Deschler-Brown Ch 28 Sec. Sec. 9.42, 21. 
  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. Deschler-Brown Ch 28 Sec. 21.1.
      However, for an amendment changing certain language in a pending 
  section, a substitute changing that text and also adding 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. Deschler-Brown Ch 28 
  Sec. 32.16.


  Sec. 19 . Committee Amendments

      The rule of germaneness applies to committee amendments as well as 
  to those offered by individual Members. 5 Hinds Sec. 5806; Deschler-
  Brown Ch 28 Sec. 22. A committee amendment that is not germane to the 
  bill as intro

[[Page 561]]

  duced may require a waiver from the rule providing for the 
  consideration of the underlying bill. Deschler-Brown Ch 28 Sec. 45.2.


  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 on the floor. Manual 
  Sec. Sec. 929, 930; 5 Hinds Sec. Sec. 5529-5541; 8 Cannon 
  Sec. Sec. 2708-2712. In one instance, for example, during 
  consideration of a bill authorizing military expenditures, a motion to 
  recommit with instructions was ruled not germane because it contained 
  provisions seeking to prescribe foreign policy objectives. Deschler-
  Brown Ch 28 Sec. 23.3.
      The test of germaneness in the case of a motion to recommit with 
  instructions is the relationship of the instructions to the bill taken 
  as a whole as perfected (and not merely to the separate portion of the 
  bill specifically proposed to be amended in the instructions). Manual 
  Sec. 930. This is so even where the instructions do not propose a 
  direct amendment to the bill but merely contain general instructions 
  to the committee to pursue an unrelated approach or to instruct the 
  committee not to report the bill back to the House until an unrelated 
  contingency occurs. 8 Cannon Sec. 2704; Deschler-Brown Ch 28 
  Sec. 23.9.
      A point of order against a motion to recommit with instructions 
  has been entertained before completion of the reading of such motion 
  where the matter contained in the instructions has been ruled not 
  germane when offered as an amendment in the Committee of the Whole. 
  Deschler-Brown Ch 28 Sec. 23.3.


           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. 8 Cannon Sec. 3028; Deschler-Brown Ch 28 Sec. 29. Thus, to a 
  section dealing with a designated 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 au

[[Page 562]]

  thority may be modified by amendments providing exceptions to those 
  restrictions. 8 Cannon Sec. 3024.
      This principle is illustrated in the following precedents:

                                                  Held Germane
 
                          Text                                                  Amendment
 
Deporting 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 above a certain level for domestic crude oil. .   than 30,000 barrels per day (Deschler-Brown Ch 28 Sec.
 . .                                                       29.13)
 
Limiting discretionary powers conferred in a bill. . .   Providing an exception from that limitation (Deschler-
 .                                                        Brown Ch 28 Sec.  35.13)
 
Requiring NLRB certification of employee elections of    Excepting an employer that has undermined the election
 unions as bargaining agents only where there has been    or is otherwise estopped from challenging it (Deschler-
 a secret ballot. . . .                                   Brown Ch 28 Sec.  35.24)
 
Denying benefits to recipients failing to meet a         Denying the same benefits to some recipients but
 certain qualification. . . .                             excepting others (Deschler-Brown Ch 28 Sec.  29.11)
 

  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. 940; 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. Deschler-Brown Ch 28 Sec. 31.22. Thus, an 
  amendment making the implementation of a funding program contingent 
  upon compliance with unrelated legislation is not germane. Deschler-
  Brown Ch 28 Sec. 30.23. 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 by the bill. For example, where a bill provided a 
  comprehensive grant program that included within its scope the welfare 
  of law enforcement officers,

[[Page 563]]

  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. Deschler-Brown 
  Ch 28 Sec. 30.30.
      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. Deschler-Brown Ch 
  28 Sec. 30.29. For example, 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. Deschler-Brown Ch 28 Sec. 34.37.
      This principle is illustrated in the following precedents:

                                                  Held Germane
 
                          Text                                                  Amendment
 
Authorizing funds for 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 (Deschler-Brown Ch 28 Sec.  30.30)
 
Providing for scholarships. . . .                        Providing requirements for eligibility for such
                                                          scholarships (Deschler-Brown Ch 28 Sec.  30.11)
 
Authorizing funds for military procurement and           Barring use of the funds in military operations in
 construction. . . .                                      North Vietnam (Deschler-Brown Ch 28 Sec.  30.6)
 
Authorizing the insurance of vessels. . . .              Denying such insurance to vessels charging exorbitant
                                                          rates (8 Cannon Sec.  3023)
 
Authorizing an agency to undertake certain activities.   Allowing Congress to disapprove regulations issued
 . . .                                                    pursuant thereto (Deschler-Brown Ch 28 Sec.  33.11)
 
Requiring certain intelligence information to be given   Imposing relevant conditions of security on the
 to the House. . . .                                      handling of such information in committee (Manual Sec.
                                                           940)
 


[[Page 564]]

  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. 940; 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. Deschler-Brown 
  Ch 28 Sec. 35.62.
      This principle is illustrated in the following precedents:

                                                  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 the United States (8 Cannon Sec.  3032)
 
Furnishing medical services and facilities. . . .        Prohibiting the use of such services to perform certain
                                                          abortions (Deschler-Brown Ch 28 Sec.  32.7)
 
Providing unlimited terms of service for judges. . . .   Restricting terms to four years (8 Cannon Sec.  3031)
 
Transferring specified property solely for the purpose   Requiring reversion of the property if not used for
 of providing shelter to the homeless and protecting      that charitable purpose as defined under a provision
 the public health. . . .                                 of the Internal Revenue Code (Deschler-Brown Ch 28
                                                          Sec.  32.12)
 
Providing Federal funds to States for certain purposes.  Restricting payment of those funds to States that enact
 . . .                                                    certain laws relating to the activities being funded
                                                          (Manual Sec.  940)
 


[[Page 565]]


                                                Held Not Germane
 
                          Text                                                  Amendment
 
Repairing naval vessels. . . .                           Prohibiting such repairs in navy yards (to make them at
                                                          less expense elsewhere) by restricting funds in
                                                          portions of the bill not open to amendment (8 Cannon
                                                          Sec.  3034)
 

  Sec. 24 . -- 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. Such an amendment 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. Deschler-Brown Ch 28 Sec. 33.23. For example, 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. Deschler-Brown Ch 28 Sec. 33.28.
      Although 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. 
  Deschler-Brown Ch 28 Sec. 33.13.
      This principle is illustrated in the following precedents:

                                                  Held Germane
 
                          Text                                                  Amendment
 
Authorizing funds for the National Aeronautics and       Prohibiting contracts for ``support'' services except
 Space Administration. . . .                              where certain cost comparisons were made (Deschler-
                                                          Brown Ch 28 Sec.  33.27)
 
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 (Deschler-Brown Ch 28
 . .                                                      Sec.  33.9)
 

[[Page 566]]

 
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 (Deschler-Brown Ch 28
                                                          Sec.  33.17)
 
Prescribing the functions of a new Federal Energy        Prohibiting the promulgation of petroleum rationing
 Administration. . . .                                    rules without prior approval by Congress (Deschler-
                                                          Brown Ch 28 Sec.  33.16)
 
Authorizing an agency to undertake certain activities.   Providing that regulations issued pursuant to that
 . . .                                                    authority may be disapproved by Congress (Deschler-
                                                          Brown Ch 28 Sec.  33.11)
 
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
                                                          (Deschler-Brown Ch 28 Sec.  33.29)
 
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 (Deschler-Brown Ch 28
                                                          Sec.  11.17)
 

  Sec. 25 . -- 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. 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. 940. The 
  amendment must be confined to the agencies, authorities, and funds 
  addressed by the bill and may not be more comprehensive in scope. 
  Deschler-Brown Ch 28 Sec. 32.6. A limiting amendment may be held not 
  germane if it places restrictions on funds authorized or appropriated 
  in other bills. Deschler-Brown Ch 28 Sec. 31.30. 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. 
  Deschler-Brown Ch 28 Sec. 34.23.
      An amendment limiting the use of funds by a particular agency 
  funded in a general appropriation bill may be germane at more than one 
  place in

[[Page 567]]

  the bill. Subject to rule XXI clauses 2(c) and (d), the amendment may 
  be offered when the paragraph carrying such funds is pending, or to an 
  appropriate ``general provision'' portion of the bill affecting that 
  agency or all agencies funded by the bill. Deschler-Brown Ch 28 
  Sec. 15.1.
      This principle is illustrated in the following precedents:

                                                  Held Germane
 
                          Text                                                  Amendment
 
Authorizing supplemental appropriations for military     Prohibiting use of those funds to carry out military
 procurement, development, and construction. . . .        operations in North Vietnam (Deschler-Brown Ch 28 Sec.
                                                           34.10)
 
Appropriating funds for an additional Washington         Limiting the amount to be used for the construction of
 airport. . . .                                           an access road (Deschler-Brown Ch 28 Sec.  34.32)
 
Authorizing an investigation and incidental travel to    Restricting use of the funds permitted in such travel
 be undertaken by a committee of the House. . . .         (Deschler-Brown Ch 28 Sec.  34.5)
 
Authorizing appropriations to enter into contracts for   Prohibiting use of the funds to enter into contracts
 the development of synthetic fuels. . . .                with any major oil company (Deschler-Brown Ch 28 Sec.
                                                          34.28)
 
Authorizing appropriations for contributions to the      Prohibiting 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 use of those funds for research on a live
 Foundation. . . .                                        human fetus outside the womb (93-1, June 22, 1973, p
                                                          20946)
 
Establishing a rural electrification and telephone       Providing that no such funds be used outside the United
 revolving fund for insured and guaranteed loans. . . .   States or its possessions (93-1, Apr. 4, 1973 p 10395)
 
Continuing U.S. participation under the International    Prohibiting use of U.S. contributions as loans for the
 Development Association Act. . . .                       purchase of nuclear weapons or materials (Deschler-
                                                          Brown Ch 28 Sec.  32.5)
 

[[Page 568]]

 
Restricting the availability of funds to a certain       Restricting further the availability of those funds to
 category of recipients. . . .                            a subcategory of the same recipients (Deschler-Brown
                                                          Ch 28 Sec.  34.4)
 
Providing assistance for mass transportation programs    Prohibiting use of funds to implement programs intended
 and permitting certain school systems to be eligible     to overcome racial imbalance in school systems
 applicants for school bus subsidies. . . .               (Deschler-Brown Ch 28 Sec.  34.20)
 
Authorizing funds and limited use of troops for a        Denying funds for deployment of troops beyond a certain
 specific purpose. . . .                                  period of time (Deschler-Brown Ch 28 Sec.  34.13)
 
Providing Federal funds to States for certain purposes.  Restricting payment of those funds to States that enact
 . . .                                                    certain laws relating to the activities being funded
                                                          (Manual Sec.  940)
 


                                                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 (Manual Sec.  940)
 
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 with the goal
 department. . . .                                        of establishing racial or ethnic balance (Deschler-
                                                          Brown Ch 28 Sec.  34.38)
 
Approving an increase in the U.S. quota to the           Prohibiting the alienation of gold to any international
 International Monetary Fund and authorizing dealing in   organization or its agents, or to any person or
 gold in connection therewith. . . .                      organization acting for certain purchasers (Deschler-
                                                          Brown Ch 28 Sec.  32.6)
 
Striking a provision prohibiting the use of funds in     Prohibiting use of funds in the bill or in any other
 the bill for a designated oil land lease in              act for that lease and other California leases
 California. . . .                                        (Deschler-Brown Ch 28 Sec.  15.21)
 

[[Page 569]]

 
Providing general appropriations. . . .                  Limiting funds therein to activities prescribed by laws
                                                          unrelated to the functions of departments and agencies
                                                          addressed by the bill (Manual Sec.  940)
 

  Sec. 26 . Postponing Effectiveness Pending Contingency

      Amendments that merely postpone the effective date of the 
  legislation to a date certain without stating a condition have been 
  held 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. Manual 
  Sec. 940. 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. 
  Deschler-Brown Ch 28 Sec. 32.10.
      An amendment may make the effectiveness of a bill subject to a 
  condition if that condition is related to the provisions of the bill. 
  Deschler-Brown Ch 28 Sec. 31.33. 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; Deschler-Brown Ch 28 Sec. 31.18. However, 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 that extend in scope beyond the authorities 
  contained in the bill. Deschler-Brown Ch 28 Sec. 31.1.
      An amendment delaying the operation of proposed legislation 
  pending an unrelated contingency is not germane. Manual Sec. 940; 8 
  Cannon Sec. 3037; Deschler-Brown Ch 28 Sec. 31. Thus, an amendment 
  making the implementation of Federal legislation contingent upon the 
  enactment of unrelated State legislation is not germane. Deschler-
  Brown Ch 28 Sec. 31.5. 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 
  considered a constitutional amendment mandating a balanced budget was 
  ruled out as nongermane, imposing an unrelated contingency requiring 
  separate congressional action on another subject. Deschler-Brown Ch

[[Page 570]]

  28 Sec. 31.39. Likewise, an amendment to an appropriation bill 
  delaying the availability of the appropriation pending an unrelated 
  contingency--the enactment of certain revenue legislation--was held 
  not germane. Deschler-Brown Ch 28 Sec. 31.8.
      An amendment may subject the operation of the bill to an external 
  benchmark, so long as it does not constitute an unrelated condition. 
  For example, an abstract fiscal standard may be used as the measure of 
  availability of funding provided by the bill, or as the measure of 
  applicability of a fiscal or budgetary feature of the bill. Deschler-
  Brown Ch 28 Sec. 34.1.
      This principle is illustrated in the following precedents:

                                                  Held Germane
 
                          Text                                                  Amendment
 
Authorizing funds for elementary and secondary           Prohibiting use of those funds ``so long as the present
 education. . . .                                         . . . . Commissioner of Education occupies that
                                                          office'' (Deschler-Brown Ch 28 Sec.  31.42)
 
Funding cost-of-living salary increase for Members. . .  Restricting availability of those funds during months
 .                                                        in which there is an increase in the public debt
                                                          (Deschler-Brown Ch 28 Sec.  34.1)
 
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 (Deschler-Brown Ch 28 Sec.  34.12)
 
Authorizing defense assistance to a foreign nation. . .  Delaying that assistance until that nation's former
 .                                                        ambassador testified before a House committee
                                                          (Deschler-Brown Ch 28 Sec.  31.33)
 


                                                Held Not Germane
 
                          Text                                                  Amendment
 
Extending funding for housing and urban renewal. . . .   Making such funding contingent on enactment of
                                                          legislation raising additional revenue (Deschler-Brown
                                                          Ch 28 Sec.  31.11)
 

[[Page 571]]

 
Appropriating funds for emergency fuel assistance. . .   Making such funding contingent on enactment of an oil
 .                                                        windfall profit tax (Deschler-Brown Ch 28 Sec.  31.8)
 
Authorizing funds for construction of atomic energy      Making such project contingent upon the enactment of
 facilities. . . .                                        Federal or State fair-housing measures (Deschler-Brown
                                                          Ch 28 Sec.  31.5)
 
Authorizing appropriations for the Arms Control and      Making such authorization contingent on the Soviet
 Disarmament Agency. . . .                                Union ceasing ``to supply military articles to our
                                                          enemy in Vietnam'' (Deschler-Brown Ch 28 Sec.  31.32)
 
Authorizing funds for foreign assistance. . . .          Making aid to a nation contingent upon the enactment of
                                                          tax reform measures by that nation (Deschler-Brown Ch
                                                          28 Sec.  31.37)
 
Authorizing military assistance to Israel and funds for  Making such funds to Israel contingent on Presidential
 the United Nations Emergency Force in the Middle East.   certification of the existence of a designated level
 . . .                                                    of energy supplies for the U.S. (Deschler-Brown Ch 28
                                                          Sec.  31.22)
 
Authorizing radio broadcasting to Cuba. . . .            Making such funds contingent on Congress considering a
                                                          constitutional amendment mandating a balanced budget
                                                          (Deschler-Brown Ch 28 Sec.  31.39)
 
Authorizing the development of certain military missile  Making expenditures contingent on the impact of U.S.
 systems. . . .                                           grain sales on Soviet military preparedness (Deschler-
                                                          Brown Ch 28 Sec.  31.24)
 
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 (Deschler-Brown Ch 28 Sec.  15.19)
 
 


[[Page 572]]

                        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. 
  Manual Sec. 939; 8 Cannon Sec. Sec. 2916, 3045; Deschler-Brown Ch 28 
  Sec. 35. 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. Deschler-Brown Ch 28 Sec. 35.95. 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. Deschler-Brown Ch 28 Sec. 35.
      Where a bill amends existing law in one narrow particular, an 
  amendment proposing to modify such existing law in other particulars 
  will generally be ruled out as not germane. Deschler-Brown Ch 28 
  Sec. 35.65. Likewise, if a bill amending existing law relates to a 
  single subject or has a single purpose, an amendment is not germane 
  that proposes to modify the law further in a manner not related to the 
  purpose of the bill. Deschler-Brown Ch 28 Sec. Sec. 35.51, 41.4. 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. Deschler-
  Brown Ch 28 Sec. 35.19. Such an amendment may add exceptions or 
  definitions modifying the proposition if related to the same subject. 
  Deschler-Brown Ch 28 Sec. 35.24. However, an amendment repealing the 
  law is not germane. Deschler-Brown Ch 28 Sec. 36.1.
      This principle is illustrated in the following precedents:

                                                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
 .                                                        (Deschler-Brown Ch 28 Sec.  35.95)
 

[[Page 573]]

 
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 (Deschler-Brown Ch 28 Sec.
                                                          35.48)
 

  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. Where the bill seeks to repeal only one provision of an 
  existing law, an amendment modifying that provision (rather than 
  repealing it) also may be germane. Deschler-Brown Ch 28 Sec. 37. 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. Deschler-Brown Ch 28 Sec. 37.7.
      This principle is illustrated in the following precedents:

                                                Held Not Germane
 
                          Text                                                  Amendment
 
Repealing Chinese Exclusion Acts. . . .                  Relating to immigration generally (Deschler-Brown Ch 28
                                                          Sec.  37.6)
 
Repealing a narrow provision of an existing Act. . . .   Expressing congressional policy as to the pending bill
                                                          and to the administration of the whole Act (Deschler-
                                                          Brown Ch 28 Sec.  37.9)
 
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 (Deschler-Brown Ch 28 Sec.  37.1)
 
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 (Deschler-Brown Ch 28
 . .                                                      Sec.  37.8)
 


[[Page 574]]

  Sec. 29 . Amendments to Bills Incorporating Other Laws by Reference

      A general rule of germaneness is that an amendment to a law in the 
  jurisdiction of one committee is not germane to a bill in the 
  jurisdiction of another committee. See Sec. 6, supra. However, where 
  the pending bill incorporates by reference provisions of a law from 
  another committee and conditions the effectiveness of the bill upon 
  actions taken pursuant to a section of that law, an amendment to alter 
  that section of the law may be germane. Deschler-Brown Ch 28 
  Sec. 4.100. Furthermore, a bill incorporating by reference procedural 
  requirements contained in other Acts may be broad enough to permit an 
  amendment similarly referring to, but not directly amending, other 
  statutes and intending to accomplish the result sought to be effected 
  by the portion of the bill to which offered. For example, 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. Deschler-Brown Ch 28 Sec. 4.100. 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. Deschler-Brown 
  Ch 28 Sec. 41.21.

                           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 that do in fact affect that law. 
  However, 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. Deschler-Brown Ch 28 
  Sec. 42.54.


  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. A bill 
  continuing and reenacting an existing law may be amended by a 
  proposition modifying in a germane manner the provisions of the law 
  being extended. Deschler-Brown Ch 28 Sec. 39.28. To a bill extending 
  an existing law in modified form, an amendment proposing further 
  modification of the law is germane. Deschler-Brown Ch 28 Sec. 39.19. 
  However, while a bill ``extending existing law''

[[Page 575]]

  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 entire law to amendment. Deschler-
  Brown Ch 28 Sec. 39.27.
      This principle is illustrated in the following precedents:

                                                  Held Germane
 
                          Text                                                  Amendment
 
Continuing for one year the Mexican farm labor program.  Requiring a determination that reasonable efforts have
 . . .                                                    been made to hire domestic workers (Deschler-Brown Ch
                                                          28 Sec.  39.14)
 
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
                                                          (Deschler-Brown Ch 28 Sec.  39.19)
 
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 (Deschler-Brown Ch 28 Sec.
 conduct energy programs. . . .                           39.30)
 
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 (Deschler-Brown Ch 28 Sec.  39.31)
 


                                                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 (Deschler-Brown Ch 28 Sec.  39.27)
 
Extending the school milk program and making             Extending further such benefits to programs operated by
 ``preschool programs operated as part of the school      nonprofit institutions in depressed areas (Deschler-
 system'' eligible for benefits. . . .                    Brown Ch 28 Sec.  39.18)
 


[[Page 576]]

  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. Deschler-Brown Ch 28 Sec. 42. 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. Deschler-Brown 
  Ch 28 Sec. 42.57.
      However, the germaneness of such an amendment may be affected by 
  the adoption of 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. The number and variety of laws being amended by the 
  underlying text may also affect the germaneness of an amendment 
  changing an additional law. Manual Sec. 939.
      This principle is illustrated in the following precedents:

                                                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 (Deschler-Brown Ch 28 Sec.
                                                           42.23)
 
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 (Deschler-Brown Ch 28 Sec.  42.24)
 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 (Deschler-Brown Ch 28 Sec.  42.45)
 
Amending the Fair Labor Standards Act with respect to    Amending the Tariff Act of 1930 with respect to the
 the effect of imports on the domestic labor market. .    importation of merchandise from Communist nations
 . .                                                      (Deschler-Brown Ch 28 Sec.  42.2)
 

[[Page 577]]

 
Establishing a Federal Energy Administration but not     Repealing the Emergency Daylight Saving Time Energy
 amending existing laws relating to energy conservation   Conservation Act (Deschler-Brown Ch 28 Sec.  42.21)
 policy. . . .
 
Regulating the importation of liquefied natural gas,     Amending 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
                                                          (Deschler-Brown Ch 28 Sec.  42.20)
 
Amending certain Acts to provide for market adjustment   Amending another Act to direct the President to conduct
 and price support programs for wheat and feed grains.    an investigation into imports of specified
 . . .                                                    agricultural products (Deschler-Brown Ch 28 Sec.
                                                          42.11)
 
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 (Deschler-
 . .                                                      Brown Ch 28 Sec.  42.17)
 
Amending several provisions of an existing law. . . .    Repealing a section of another law (Manual Sec.  939)
 

                            Waivers or Repeals

      An amendment repealing existing law has been held not germane to a 
  bill not amending that law. Deschler-Brown Ch 28 Sec. 42.21. 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. 
  Deschler-Brown Ch 28 Sec. 42.17. 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. Deschler-Brown Ch 28 
  Sec. 42.18.


                        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

[[Page 578]]

  amendments to general appropriation bills are submitted to the Senate 
  without debate under Senate rule XVI. The Chair does not rule on the 
  question. 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, or may prohibit a 
  certain class of nongermane amendments to a bill. Deschler-Brown Ch 28 
  Sec. 25; see also Senate Procedure, Riddick, S. Doc. No. 101-28 
  (1992), p 854. Under section 305 of the Budget Act, amendments offered 
  in the Senate to a concurrent resolution on the budget must be 
  germane; and under section 310, a similar restriction applies to 
  amendments to budget reconciliation bills. Manual Sec. 1127.


  Sec. 33 . Motions to Instruct Conferees

      The rule that amendments must be germane applies to amendments to 
  a motion to instruct conferees. 8 Cannon Sec. Sec. 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. 930) 
  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 either the bill or the substitute may be addressed in motions to 
  instruct conferees. 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 against nongermane Senate matter in a conference report or in a 
  proposal to concur in a Senate amendment (with or without amendment). 
  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 XXII clause 10; Manual 
  Sec. 1089.
      Rule XXII clause 10 permits points of order against language in a 
  conference report that was originally in the Senate bill or amendment 
  and that would not have been germane if offered to the House-passed 
  version, and permits a separate motion to reject such portion of the 
  conference report if found nongermane. For purposes of that rule, the 
  House-passed version, against which Senate provisions are compared, is 
  that version finally com

[[Page 579]]

  mitted to conference, taking into consideration all amendments adopted 
  by the House, including House amendments to Senate amendments. 
  Deschler-Brown Ch 28 Sec. 27.
      Pursuant to rule XXII clause 10, 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. Deschler-Brown Ch 28 Sec. 26.29.
      The Member representing the conference committee recognized in 
  opposition to a motion to reject a nongermane Senate provision 
  pursuant to rule XXII clause 10, and not the proponent of the motion, 
  has the right to close debate thereon. Manual Sec. 1090. 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 conference report shall be considered as rejected and the pending 
  question shall be, in the case of a House bill with a Senate 
  amendment, whether the House will recede from disagreement to the 
  Senate amendment and concur therein with an amendment consisting of 
  the portion of the conference report not rejected. Deschler-Brown Ch 
  28 Sec. 26.31.
      Rule XXII clause 10 also permits points of order against 
  nongermane Senate matter in motions to concur or concur with amendment 
  in Senate amendments, the stage of disagreement having been reached. 
  If such a point of order is sustained, a separate motion to reject 
  such nongermane matter is permitted. Manual Sec. Sec. 931, 1089. 
  Clause 10 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 House germaneness rule. Deschler-Brown Ch 28 
  Sec. 27.12.
      This principle is illustrated in the following precedents:

                                                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)
 

[[Page 580]]

 
Exempting from tariff duty certain equipment and         Extending benefits under the unemployment compensation
 repairs for vessels operated by the United States. . .   program (Deschler-Brown Ch 28 Sec.  26.30)
 .
 
Requiring that a percentage of U.S. oil imports be       Relating to the construction of vessels with certain
 carried on U.S. flag vessels. . . .                      anti-pollution requirements (Deschler-Brown Ch 28 Sec.
                                                           26.29)
 
Containing several diverse amendments to the Internal    Authorizing appropriations for special payments to
 Revenue Code to provide individual and business tax      social security recipients (Deschler-Brown Ch 28 Sec.
 credits. . . .                                           26.27)
 
Improving automotive fuel efficiency by imposing fuel    Providing loan guarantees for automotive research and
 economy standards upon manufacturers. . . .              development (Deschler-Brown Ch 28 Sec.  26.15)
 
 

      The House has by unanimous consent concurred in a nongermane 
  Senate amendment to House amendments to a Senate bill and in a 
  nongermane Senate amendment to a House private bill. Deschler-Brown Ch 
  28 Sec. 26; 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 the amendment be germane to 
  the provisions of the bill if the Senate amendment merely inserts new 
  matter and does not strike House provisions. 5 Hinds Sec. 6188; 8 
  Cannon Sec. 2936; Manual Sec. 931. Thus, during consideration of a 
  Senate amendment reported in disagreement by conferees, a proposal to 
  amend must be germane to the Senate amendment. Deschler-Brown Ch 28 
  Sec. 27.35. Although 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. Deschler-Brown Ch 28 
  Sec. 27.
      The test of the germaneness of a further 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 the 
  relationship be

[[Page 581]]

  tween that amendment and the Senate amendment to which the motion has 
  been offered. Deschler-Brown Ch 28 Sec. 27.6.
      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). Deschler-Brown Ch 28 
  Sec. Sec. 27.11, 27.12.
      The rule of germaneness applies to motions to recede and concur in 
  a Senate amendment with an amendment. Such a motion must be germane to 
  the Senate amendment. Deschler-Brown Ch 28 Sec. 27. However, where a 
  Senate amendment proposes only to strike language in a House bill, the 
  test of the germaneness of a motion to recede and concur with an 
  amendment is the relationship between the language in the motion and 
  the provisions in the House bill proposed to be stricken by the Senate 
  amendment. Manual Sec. 931.
      These principles are illustrated in the following precedents:

                                                  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, p 22007)
 and equipment to such extension. . . .
 
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 (Deschler-Brown Ch 28
 circuit judges. . . .                                    Sec.  27.12)
 
Appropriating funds for termination of the civil         Appropriating funds for termination of payment of the
 supersonic aircraft. . . .                               airlines' contribution to development costs (92-1,
                                                          July 29, 1971, p 28053)
 


[[Page 582]]


                                                Held Not Germane
 
                    Senate Amendment                                         House Amendment
 
Prohibiting use of specified funds as compensation for   Enlarging the class of persons ineligible for such
 certain former employees. . . .                          compensation (Deschler-Brown Ch 28 Sec.  27.34)
 
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 (Deschler-Brown Ch 28 Sec.
 .                                                        27.19)
 
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 House contingent fund (Deschler-
 Senate employees. . . .                                  Brown Ch 28 Sec.  27.35)
 
Striking a provision in a general appropriation bill     Prohibiting use of those EPA funds temporarily 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 (Deschler-Brown Ch
 pollution by regulating parking facilities. . . .        28 Sec.  27.14)
 
Appropriating funds for asbestos hazards abatement in    Earmarking funds for the refinancing of a recycling
 schools. . . .                                           program of a specified city (Deschler-Brown Ch 28 Sec.
                                                           27.1)
 
 

                  F. Procedural Matters; Points of Order


  Sec. 36 . In General

      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 Sec. Sec. 2922, 2980. The ruling of the Chair is subject to 
  appeal. Deschler Ch 19 Sec. 9.2. On one occasion, the Committee of the 
  Whole permitted, by unanimous consent, consideration of an amendment 
  that had been ruled out of order as not germane. Deschler-Brown Ch 28 
  Sec. 43.
      Ordinarily, the maker of a germaneness point of order will state 
  the grounds on which the amendment is not germane. Manual Sec. 928; 
  Deschler-Brown Ch 28 Sec. 43; see also Manual Sec. 628; Points of 
  Order.

[[Page 583]]

                              Burden of Proof

      The burden of proof of the germaneness of an amendment rests on 
  its proponent. 8 Cannon Sec. 2995. 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. Deschler-Brown Ch 28 Sec. 43.6.


  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. An amendment 
  permitted to come under consideration because no point of order as to 
  its germaneness was raised may itself be subject to germane amendment. 
  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.

                          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. Deschler 
  Ch 21 Sec. 23.21. 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. Deschler Ch 21 Sec. 23.16.
      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. Deschler-Brown Ch 28 Sec. 45.3.
      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. Deschler-Brown Ch 28 Sec. 45.8.
      For a discussion of the germaneness of amendments to special 
  orders reported from the Committee on Rules, see Sec. 3, infra.

[[Page 584]]

  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. 
  The point of order against the amendment must be raised before the 
  proponent has commenced his remarks. Deschler-Brown Ch 31 Sec. 6.33. 
  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. Deschler-Brown Ch 31 Sec. 6.36. 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, or who was on his feet seeking 
  recognition at the time the amendment was read. Deschler-Brown Ch 28 
  Sec. 44; Deschler-Brown Ch 29 Sec. Sec. 20.31. 20.32.
      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 order be disposed of before further debate on the 
  amendment. Deschler-Brown Ch 29 Sec. 20.36.
      Because a point of order against the germaneness of an amendment 
  must be made before its consideration, where points of order have been 
  waived against a specific amendment that 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. Deschler-Brown Ch 28 Sec. 44.2.
      A point of order against a motion to recommit with instructions 
  has been made before 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. 
  Deschler-Brown Ch 28 Sec. 23.3. However, such a point of order comes 
  too late after the proponent of the motion has been recognized for 
  debate and has yielded for a parliamentary inquiry. Deschler-Brown Ch 
  28 Sec. 30.3.


  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, and Members may not yield to 
  each other. Deschler-Brown Ch 31

[[Page 585]]

  Sec. 7.4. All such debate must be confined to the question of 
  germaneness and cannot go to the merits of the amendment. Manual 
  Sec. 628.
      A germaneness point of order does not apply to a special order 
  reported from the Committee on Rules ``self-executing'' the adoption 
  in the House of a nongermane amendment to a bill, because the 
  amendment is not separately before the House during consideration of 
  the special order. Manual Sec. 928.


  Sec. 40 . Anticipatory and Hypothetical Rulings

      The Chair ordinarily will refuse to entertain a parliamentary 
  inquiry on the germaneness of an amendment that has not yet been 
  offered, because the Chair does not deliver anticipatory rulings. 
  Thus, the Chair has declined to indicate, in response to a 
  parliamentary inquiry, whether a substitute, if defeated, would 
  thereafter be germane if subsequently offered as an amendment in the 
  form of a new section. Manual Sec. 628; Deschler-Brown Ch 28 Sec. 46.
      Because 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. Deschler-Brown Ch 28 
  Sec. 46.
      In the House, the Speaker does not rule on such questions of 
  germaneness as may be the province of the Chairman of the Committee of 
  the Whole. Deschler-Brown Ch 28 Sec. 44.


[[Page 587]]

 
                        CHAPTER 27 - IMPEACHMENT

                              HOUSE PRACTICE

              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
          U.S. Const. art. I, Sec. Sec. 2, 3; art. II, Sec. 4
          1 Hinds Sec. Sec. 63-79; 3 Hinds Sec. Sec. 2294-5220
          6 Cannon Sec. Sec. 454-552
          Deschler Ch 14
          Manual Sec. Sec. 173-176; 601-620


                               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; 105-2, Dec. 19, 1998, p ____
      Impeachment proceedings have been initiated more than 60 times 
  since the adoption of the Constitution. 3 Hinds Sec. 2294; 6 Cannon 
  Sec. 498; Deschler

[[Page 588]]

  Ch 14 Sec. 1. Sixteen of these cases resulted in impeachment by the 
  House: President Andrew Johnson in 1868, Secretary of War William W. 
  Belknap in 1876, Senator William Blount in 1797, President William J. 
  Clinton in 1998, and 12 Federal judges. Only seven impeachments have 
  led to Senate convictions--all of them Federal judges.
      An impeachment is instituted by a written accusation, called an 
  ``Article of Impeachment,'' which states the offense charged. The 
  articles serve a purpose similar to that of an indictment in an 
  ordinary criminal proceeding. Manual Sec. 609.
      The power of impeachment is bifurcated by the Constitution. The 
  House is given the ``sole Power of Impeachment,'' and the Senate is 
  given ``the sole Power to try all Impeachments.'' U.S. Const. art. I, 
  Sec. 2, cl. 5; Sec. 3, cl. 6. Impeachments may be brought against the 
  ``President, Vice President, and all civil Officers of the United 
  States.'' Conviction of ``Treason, Bribery, or other high Crimes and 
  Misdemeanors'' is followed by ``removal from Office'' and may include 
  ``disqualification to hold'' further public office. U.S. Const. art. 
  I, Sec. 3, cl. 7; art. II, Sec. 4.
      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 
  Sec. Sec. 2007, 2315.
      The term ``civil Officers'' in article II, section 4 of the 
  Constitution refers to those appointed by the President under article 
  II, section 3, clause 2. The term 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, Oct. 
  1973, p 691. 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.

[[Page 589]]

      A Member of Congress is not a ``civil Officer'' within the meaning 
  of the impeachment provisions of the Constitution. 3 Hinds 
  Sec. Sec. 2310, 2316. The contention that a Senator was not a civil 
  officer within the meaning of the 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; Sec. 4, infra.
      Federal judges are subject to removal under the impeachment 
  provisions of the Constitution. Of the 16 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 
  Sec. Sec. 2319-2341); Humphreys in 1863 (3 Hinds Sec. Sec. 2385-2397); 
  Archbald in 1912 (6 Cannon Sec. Sec. 498-512); Ritter in 1936 (S. Doc. 
  No. 74-200, 1936); and Claiborne, Nixon, and Hastings in 1986, 1988, 
  and 1989, respectively (Manual Sec. 176).
      Impeachment proceedings were initiated against a Member of the 
  President's Cabinet in 1876, when impeachment charges were filed 
  against William W. Belknap, who had been Secretary of War. The House 
  and Senate debated the power of impeachment at length and determined 
  that the Secretary remained amenable to impeachment and trial even 
  after his resignation. 3 Hinds Sec. Sec. 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. Under section 596(a) of title 28, United States Code, 
  an independent counsel appointed to investigate the President may be 
  impeached. A resolution impeaching such independent counsel 
  constitutes a question of the privileges of the House under Rule IX. 
  Manual Sec. 604.

                           Effect of Resignation

      The House and Senate have the power to impeach and try an accused 
  official who has resigned. Deschler Ch 14 Sec. 2. It was conceded (in 
  the Belknap impeachment proceeding described above) that a Cabinet 
  Secretary remains amenable to impeachment and trial even after his 
  resignation. 3 Hinds Sec. Sec. 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 Richard M. 
  Nixon in 1974 and Judge George English in 1926. Deschler Ch 14 
  Sec. Sec. 2.1, 2.2. President Nixon resigned following the decision of 
  the Committee on the Judiciary to report to the House recom

[[Page 590]]

  mending his impeachment, and further proceedings were discontinued. 
  93-2, H. Rept. 93-1305, p 29361. Judge English resigned before 
  commencement of trial by the Senate and the proceedings were 
  discontinued at that point. 6 Cannon Sec. 547.


  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, the articles of impeachment are 
  presented to the Senate. Any one of the articles may provide a 
  sufficient basis or ground for conviction. Deschler Ch 14 Sec. 3.
      The interpretation that 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 the 
  British 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.'' Although 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, H. Doc. 
  No. 93-7, 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 that, 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 (1912).

[[Page 591]]

      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.
      Exactly 100 years earlier, in a case that also involved the Vice 
  President, the Committee on the Judiciary found that Schuyler Colfax 
  could not be impeached for an alleged offense committed before his 
  term of office as Vice President (the alleged conduct occurring while 
  he was Speaker). 3 Hinds Sec. 2510.

                         Presidential Impeachments

      In 1998 the Committee on the Judiciary recommended to the House 
  four articles of impeachment against President Clinton, two of which 
  the House adopted. 105-2, H. Res. 611, Dec. 19, 1998, p ____. The 
  first and third articles, which the House adopted, charged the 
  President with providing perjurious testimony to a Federal grand jury 
  and with obstructing justice in a Federal civil action. The second and 
  fourth articles, which the House rejected, charged him with providing 
  perjurious testimony in a Federal civil deposition and with abuse of 
  power for failing to adequately respond to questions asked by the 
  Committee on the Judiciary during the impeachment inquiry. 105-2, H. 
  Rept. 105-830, pp 108, 118, 119, 121. President Clinton was acquitted 
  in the Senate on both articles adopted by the House. 106-1, Feb. 12, 
  1999, p ____.
      In 1974 the grounds for invoking the impeachment power against the 
  President were illustrated 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, DC. The Committee on the Judiciary 
  recommended to the House three articles of impeachment against 
  President 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, President 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 by adoption of a resolution of 
  ``acceptance'' considered under suspension of the rules rather than a 
  resolution of impeachment. 93-2, Aug. 20, 1974, pp 29219-362.

[[Page 592]]

      In 1868 the House impeached President Andrew Johnson on the ground 
  that he had violated the Tenure of Office Act by dismissing a Cabinet 
  chief. Johnson was acquitted in the Senate. 3 Hinds Sec. Sec. 2440, 
  2443.

                           Judicial Impeachments

      Since Federal judges hold office ``during good Behaviour,'' 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. U.S. Const. art. 
  III, Sec. 1; 6 Cannon Sec. 464. The more modern view, however, is that 
  the ``good Behaviour'' clause more aptly describes judicial tenure; 
  that is, the clause does not constitute a standard for impeachability 
  but merely means that Federal judges hold office for life unless they 
  are 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, H. Doc. No. 93-7, Oct. 1973, p 
  666.
      The grounds for impeachment of Federal judges were scrutinized in 
  1970 during an inquiry of a special subcommittee of the Committee on 
  the Judiciary into the conduct of Associate Justice Douglas of the 
  Supreme Court. The report of that special subcommittee concluded that 
  a Federal judge could be impeached for judicial conduct that is either 
  criminal or a serious abuse of public duty, or for nonjudicial conduct 
  that is criminal. Deschler Ch 14 Sec. 3.13 (proceedings discontinued 
  for lack of evidence). The committee report recommending impeachment 
  of President Clinton also discussed judicial impeachments. 105-2, H. 
  Rept. 105-830, pp 110-18.


  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 officially or personally 
  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 United States neutrality 
  and with attempting to oust the President's lawful appointee as 
  principal agent for Indian affairs. 3 Hinds Sec. Sec. 2294-2318. 
  Although the Senate found that it had no jurisdiction

[[Page 593]]

  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. 3 Hinds Sec. Sec. 2440, 
  2443.
      A serious abuse of the powers of the office was a charge included 
  among the recommended articles impeaching President Nixon in 1974. The 
  Committee on the Judiciary found that his conduct ``constituted a 
  repeated and continuing abuse of the powers of the Presidency in 
  disregard of the fundamental principle of the rule of law in our 
  system of government.'' Deschler Ch 14 Sec. 3.7.
      The House adopted an article of impeachment against President 
  Clinton alleging that he obstructed justice in the course of a Federal 
  civil action. However, the House rejected an article of impeachment 
  against President Clinton alleging that he engaged in conduct that 
  resulted in abuse of his office by inadequately responding to 81 
  written questions posed by the Committee on the Judiciary. 105-2, H. 
  Res. 611, Dec. 19, 1998, p ____; 105-2, H. Rept. 105-830, p 121. 
  President Clinton was acquitted by the Senate on that article adopted 
  by the House. 106-1, Feb. 12, 1999, p ____.

               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 Sec. Sec. 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 Sec. Sec. 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 also was alleged. 3 Hinds Sec. Sec. 2385-2397.

[[Page 594]]

      Judge George 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 favoritism 
  had created distrust of his official actions and destroyed public 
  confidence in his court. 6 Cannon Sec. Sec. 544-547. Judge English 
  resigned before commencement of trial by the Senate, and the 
  proceedings were discontinued at that point.
      The House adopted an article of impeachment against President 
  Clinton alleging that he prevented, obstructed, and impeded the 
  administration of justice in a Federal civil rights action. 105-2, 
  Dec. 19, 1998, p ____. President Clinton was acquitted by the Senate 
  of that article of impeachment. 106-1, Feb. 12, 1999, p ____.

         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 
  Sec. Sec. 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 
  Sec. Sec. 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 Sec. Sec. 2444-
  2468.
      The use of 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. 3 Hinds Sec. Sec. 2469-2485 
  (Swayne); 6 Cannon Sec. Sec. 498-512 (Archbald); Sec. Sec. 544-547 
  (English); Sec. Sec. 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, how

[[Page 595]]

  ever, 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 adopted. After 
  trial in the Senate, Judge Claiborne was convicted on three of the 
  four articles of impeachment and removed from office on October 9, 
  1986. Manual Sec. 176.
      In the 100th Congress, the House agreed to a resolution reported 
  from the Committee on the Judiciary impeaching Federal District Judge 
  Alcee Hastings. The resolution specified 17 articles of impeachment, 
  some of them addressing allegations of which the judge had been 
  acquitted in a Federal criminal trial. 100-2, H. Res. 499, Aug. 3, 
  1988, p 20206. The judge was convicted in a trial before the Senate in 
  the 101st Congress. 101-1, Oct. 20, 1989, pp 25329-35.
      In 1989 the House voted to impeach Federal district 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 Judge 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. The Senate 
  convicted Judge Nixon on two of the three articles of impeachment and 
  removed him from office. 101-1, Nov. 3, 1989, p ____.

                          Noncriminal Misconduct

      In the history of impeachments under the Constitution, the most 
  closely debated issue has been whether impeachment is limited to 
  offenses indictable under the criminal law--or at least to offenses 
  that constitute crimes--or whether the word ``Misdemeanors'' in the 
  impeachment clause extends to noncriminal misconduct as well. Although 
  the precedents are not entirely uniform, the majority clearly favor 
  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 that, though not defined as 
  criminal, adversely affect the public interest. 69-1, H. Rept. 69-653, 
  pp 9, 10.
      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 govern

[[Page 596]]

  ment. Deschler Ch 14 App. p 724. The American experience with 
  impeachment likewise reflects the view that impeachable conduct need 
  not be criminal. Of the 16 impeachments voted on by the House since 
  1789, at least 11 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 Sec. 2319. 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 subpoenas of 
  the committee. Deschler Ch 14 Sec. 3.7.
      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.
      The theory of the proponents of impeachment of President Johnson 
  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 558, Government Printing Office, 1992.

      The House adopted an article of impeachment against President 
  Clinton alleging that he gave perjurious, false, and misleading 
  testimony to a Federal grand jury. However, the House rejected an 
  article of impeachment against President Clinton alleging that he gave 
  perjurious, false, and misleading written and deposed testimony in a 
  Federal civil rights action. 105-2, H. Res. 611, Dec. 19, 1998, p 
  ____. Some argued that neither allegation could be the subject of a 
  successful criminal prosecution and thus would not be sufficient to 
  establish an impeachable offense. 105-2, H. Rept. 105-830, p 211.

[[Page 597]]

  Sec. 5 . Effect of Adjournment

      An impeachment may proceed only when Congress is in session. 3 
  Hinds Sec. Sec. 2006, 2462. However, 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. An official impeached by the House in one Congress 
  may be tried by the Senate in the next. Manual Sec. 620; 3 Hinds 
  Sec. Sec. 2319, 2320.
      Although impeachment proceedings may continue from one Congress to 
  the next, the authority of the managers appointed by the House expires 
  at the end of a Congress; and managers must be reappointed when a new 
  Congress convenes. Manual Sec. 620. Managers on the part of the House 
  are reappointed by resolution. Manual Sec. 604; Deschler Ch 14 
  Sec. 4.2. Thus, the 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). The articles of impeachment 
  against President Clinton were presented to the Senate after the 
  Senate had adjourned sine die for the 105th Congress, and the Senate 
  conducted the trial in the 106th Congress. Manual Sec. 620.


                         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. Manual Sec. 607; 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

[[Page 598]]

  House reserving the right to file additional articles later. Manual 
  Sec. 608a; Deschler Ch 14 Sec. Sec. 10, 11.

                           Initiation of Charges

      In most cases, impeachment proceedings in the House have been 
  initiated either by introducing a resolution of impeachment through 
  the hopper or by offering a resolution of impeachment on the floor as 
  a question of the privileges of the House. Manual Sec. 603; Deschler 
  Ch 14 Sec. 5.
      Other methods of setting an impeachment in motion in the House 
  include:

     Charges initiated by a petition from one or more citizens and 
         referred to committee. 3 Hinds Sec. Sec. 2364, 2491, 2494.
     Charges transmitted in a message from the President. 3 Hinds 
         Sec. Sec. 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.
     Charges arising from an independent counsel investigation 
         under section 595(c) of title 28, United States Code. Manual 
         Sec. 603.

      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. Manual Sec. 603.
      In the 105th Congress, an independent counsel transmitted to the 
  House under section 593 of title 28, United States Code, a 
  communication containing evidence of alleged impeachable offenses by 
  the President. The House adopted a privileged resolution reported by 
  the Committee on Rules referring the communication to the Committee on 
  the Judiciary, restricting Members' access to the communication, and 
  restricting access to committee meetings and hearings on the 
  communication. Later, the House adopted a privileged resolution 
  reported by the Committee on the Judiciary authorizing an impeachment 
  inquiry by that committee. The authority to appoint an independent 
  counsel under section 595(c) of title 28, United States Code, expired 
  on June 30, 1999. Manual Sec. 603.

                           Referral to Committee

      Resolutions introduced through the hopper that 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. Deschler Ch 
  14 Sec. Sec. 5.10, 5.11. In the 105th Congress the House adopted a 
  privileged resolution reported by the Committee on Rules referring a 
  communication from an inde

[[Page 599]]

  pendent counsel alleging certain impeachable offenses to the Committee 
  on the Judiciary. Later, the House adopted a privileged resolution 
  reported by the Committee on the Judiciary authorizing an impeachment 
  inquiry by that committee. Manual Sec. 603.
      All impeachments to reach the Senate since 1900 have been based on 
  resolutions reported by the Committee on the Judiciary. Before that 
  committee's creation in 1813, impeachments were referred to a special 
  committee for investigation. Manual Sec. 603; 6 Cannon Sec. 657.


  Sec. 7 . Committee Investigations

      Committee impeachment investigations are governed by those 
  portions of Rule XI relating to committee investigative and hearing 
  procedures, and by any rules and special procedures adopted by the 
  House and by the committee for the inquiry. Manual Sec. 605; Deschler 
  Ch 14 Sec. 6.3. The House may by resolution waive or supplement a 
  requirement of these rules in a particular case. In two recent 
  instances, 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 provision of Rule XI that 
  requires at least two committee members to be present during the 
  taking of such testimony. Deschler Ch 14 Sec. 6.3; 105-2, H. Res. 581, 
  Oct. 8, 1998, p ____.
      Under the earlier practice the committee sometimes made its 
  inquiry ex parte. 3 Hinds Sec. Sec. 2319, 2343, 2385. However, the 
  modern trend is to permit the accused to testify, present witnesses, 
  cross-examine witnesses, and be represented by counsel. 3 Hinds 
  Sec. Sec. 2445, 2470, 2471, 2501, 2518; Deschler Ch 14 Sec. 6; 105-2, 
  H. Rept. 105-830. Constitutionality, see Sec. 9, infra.

                    Confidentiality of Material; Access

      The House and the Committee on the Judiciary may adopt procedures 
  to ensure the confidentiality of impeachment inquiry materials and to 
  limit access to such materials. Deschler Ch 14 Sec. Sec. 6.9, 15.3; 
  105-2, H. Res. 525, Sept. 11, 1998, p ____. Where a Federal court 
  subpoenas 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. Deschler Ch 14 
  Sec. 6.13.

                        Subcommittee Investigations

      An investigative subcommittee charged with an impeachment inquiry 
  is limited to the powers expressly authorized by the House or by the 
  full committee. Deschler Ch 14 Sec. 6.11; 105-2, H. Res. 581, Oct. 8, 
  1998, p ____.

[[Page 600]]

   After completing its investigation, the subcommittee ordinarily 
  submits recommendations to the full committee as to whether 
  impeachment is warranted. See, e.g., Final Report of the Special 
  Subcommittee on H. Res. 920 of the Committee on the Judiciary, 91-2, 
  committee print, Sept. 17, 1970.

                                   Form

      For forms of resolutions authorizing an investigation of the 
  sufficiency of grounds for impeachment and conferring subpoena power 
  and authority to take testimony, see Deschler Ch 14 Sec. 6.


  Sec. 8 . Consideration in the House; Voting

                                 Generally

      The respondent in an impeachment proceeding is impeached by the 
  adoption of the House of articles of impeachment. Only a majority vote 
  is necessary, whereas a two-thirds vote of Members present is required 
  in the Senate for conviction and removal. U.S. Const. art. I, Sec. 3; 
  Impeachment--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 not 
  binding on the House until they are adopted. In 1933 the House voted 
  to impeach Judge Harold Louderback, even though the Committee on the 
  Judiciary found insufficient grounds to warrant 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, 
  including an election contest. Manual Sec. 604; 3 Hinds 
  Sec. Sec. 2045-2048, 2581; 6 Cannon Sec. 468. Such a resolution may be 
  considered immediately in the House as a question of privilege. It is, 
  therefore, not subject to the three-day layover requirement of Rule 
  XIII. Manual Sec. 604. It does not lose its privilege from the fact 
  that a similar proposition has been considered previously during the 
  same session. 3 Hinds Sec. 2408. However, a resolution offered from 
  the floor simply proposing an investigation is not privileged, even 
  though impeachment may be a possible consequence. 3 Hinds 
  Sec. Sec. 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. Manual Sec. 604; Deschler 
  Ch 14 Sec. 5.8. 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 because it is subject to the notice 
  requirement of rule IX. See, Manual Sec. 699.

[[Page 601]]

      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 subpoena authority or to provide funding 
         for the investigation (Manual Sec. 604; 6 Cannon Sec. 549).
     Resolutions authorizing depositions by committee counsel 
         (Manual Sec. 604).

      Following adoption of the articles of impeachment, the House 
  adopts resolutions appointing managers to present the articles before 
  the Senate, notifying the Senate of the adoption of articles and 
  appointment of managers, and authorizing the managers to prepare for 
  and to conduct the trial in the Senate. Manual Sec. 607; 6 Cannon 
  Sec. Sec. 499, 500, 514, 517. These privileged incidental resolutions 
  may be merged into a single indivisible privileged resolution. Manual 
  Sec. 607.
      Although charges or resolutions of impeachment are privileged, 
  they cannot be presented while another Member has the floor unless he 
  yields for that purpose. Deschler Ch 14 Sec. 5.2. A resolution of 
  impeachment offered by a Member on his own initiative and not reported 
  from the committee to which the impeachment has been referred is not 
  privileged for immediate consideration because it is subject to the 
  notice requirement of rule IX. Manual Sec. 699.
      On several occasions the Committee on the Judiciary, having been 
  referred a question of impeachment, reported a recommendation that 
  impeachment was not warranted and, thereafter, called up the report as 
  a question of privilege. Deschler Ch 14 Sec. 1.3. Under section 596(a) 
  of title 28, United States Code, an independent counsel appointed to 
  investigate the President may be impeached; and a resolution 
  impeaching such independent counsel constitutes a question of the 
  privileges of the House under rule IX. Manual Sec. 604.

                              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; 105-
  2, Dec. 18, 1998, p ____. Since 1912, the 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 Sec. Sec. 8.1, 8.4; 105-2, Dec. 18, 1998, p 
  ____. The motion for the previous question and the mo

[[Page 602]]

  tion to recommit are applicable, and a separate vote may be demanded 
  on each article of impeachment contained in the resolution. Manual 
  Sec. 608; Deschler Ch 14 Sec. Sec. 8.8-8.10. The resolution also is 
  subject to a motion to lay on the table before debate thereon. 
  Deschler-Brown Ch 29 Sec. 1.15.
      A wide range of debate is permitted on impeachment proposals, and 
  a Member may refer to the political, social, and even the familial 
  background of the accused. Deschler Ch 14 Sec. 8.5. However, Members 
  must abstain from language personally offensive. Manual Sec. 370. 
  Furthermore, Members must abstain from comparisons to the personal 
  conduct of sitting Members of the House or Senate. Manual Sec. 370.
      To a privileged resolution of impeachment, an amendment in the 
  motion to recommit proposing instead to censure, which is not 
  privileged, was held not germane. Manual Sec. 604.


                        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, cl. 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 Sec. Sec. 501, 515; Deschler Ch 14 
  Sec. 11. Objections to the articles of impeachment on the ground that 
  they duplicate and accumulate separate offenses have been overruled. 
  Deschler Ch 14 Sec. Sec. 3.4, 13.6.
      For precedents relating to the conduct of Senate impeachments, see 
  S. Doc. 93-102, ``Procedure and Guidelines for Impeachment Trials in 
  the United States Senate. For a detailed description of the 
  impeachment trial against President Clinton see Manual Sec. 608a.
      The presentation of the evidence follows a traditional sequence. 
  The evidence against the accused is first presented by the managers. 
  Evidence in defense is then presented by the accused, and the 
  concluding evidence is presented by the managers. The accused is 
  permitted to testify in answer to the charges contained in the 
  articles. 6 Cannon Sec. Sec. 511, 524; Deschler Ch 14 Sec. 12.11. 
  Counsel are permitted to appear, to be heard, to argue on pre

[[Page 603]]

  liminary 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. House counsel did not 
  participate in the trial of President Clinton.
      The use of a Senate committee in judicial impeachment proceedings 
  does not violate any constitutional rights or offend fundamental 
  notions of justice. Hastings v. United States Senate, Impeachment 
  Trial Committee, 716 F. Supp. 38 (D.D.C. 1989). In one recent case, 
  the court denied the claim of a former 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 or the claim 
  meritorious. Nixon v. United States, 744 F. Supp. 9 (D.D.C. 1990), 
  aff'd 938 F.2d 239 (D.C.Cir. 1991), aff'd 506 U.S. 224 (1993).
      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. Before 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 of Senators present is 
  required to convict the accused on an article of impeachment as the 
  articles are voted on separately under the Senate rules. U.S. Const. 
  art. I, Sec. 3, cl. 6; Deschler Ch 14 Sec. 13. The yeas and nays are 
  taken on each article. 3 Hinds Sec. Sec. 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; Deschler Ch 14 Sec. 13.2.
      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, cl. 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. However, the further judgment of disqualification from 
  holding future office requires a majority vote. Deschler Ch 14 
  Sec. 13.10. The Senate has held that a question on removal and 
  disqualification is divisible. 3 Hinds Sec. 2397; 6 Cannon Sec. 512.

[[Page 604]]

      The impeachment and removal from office of a Federal 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, 816 
  F. Supp. 716 (S.D. Fla. 1993).


[[Page 605]]

 
                          CHAPTER 28 - JOURNAL

                              HOUSE PRACTICE

  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. Motion That the Journal Be Read
  Sec. 7. Reading Practices and Customs
  Sec. 8. Motion to Approve
  Sec. 9. Amendments and Corrections
        Research References
          U.S. Const. art. I, Sec. 5
          4 Hinds Sec. Sec. 2726-2883
          6 Cannon Sec. Sec. 623-637
          Deschler Ch 5 Sec. Sec. 8-14
          Manual Sec. Sec. 68-75, 582, 621, 902

  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. Manual Sec. 582; 4 
  Hinds Sec. 2727. Certified copies thereof are admissible in judicial 
  proceedings. 28 USC Sec. 1736.
      The Constitution requires the House to keep a Journal and publish 
  it excepting such matters as may require secrecy. U.S. Const. art. I, 
  Sec. 5. The purpose of this constitutional requirement is to ensure 
  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 Journal is governed by the Constitution, by 
  statute, and by the rules and practices of the House. Deschler Ch 5 
  Sec. 10. The Constitution sets forth the general requirement that the 
  ``proceedings'' of the House be kept in the Journal. U.S. Const. art. 
  I, Sec. 5; Manual Sec. 68. It further

[[Page 606]]

  specifies that the Journal reflect votes taken by the yeas and nays, 
  as well as veto messages from the President. U.S. Const. art. I, 
  Sec. 7. Since such matters are always entered in the Journal, no 
  motion or request to that effect is necessary. Sec. 3, infra; 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. Deschler Ch 5 Sec. Sec. 10.2, 10.3. It does not 
  include:

    The rationale for, or all the circumstances attending, House 
         action. 4 Hinds Sec. Sec. 2811, 2812.
    Verbatim accounts of debate and special-order speeches. 
         Deschler Ch 5 Sec. 10.3.
    The deliberations of the Committee of the Whole, except for 
         recorded votes. Manual Sec. 1012.
    Unanimous-consent requests that meet with objection. Deschler 
         Ch 5 Sec. 10.2.
    Motions that are not entertained. 4 Hinds Sec. Sec. 2813, 2844.
     Parliamentary inquiries. 4 Hinds Sec. 2842.

                                Inclusions

      Proceedings that are reflected in the Journal include:

    Public bills, resolutions, and documents introduced and 
         referred under the rules, by number, title, and committee of 
         reference. Manual Sec. 816.
    Private bills, petitions, and memorials introduced and 
         referred, with the exception of those measures of obscene or 
         insulting character. Manual Sec. 818.
    The name of the Member introducing the measure, together with 
         the words ``by request,'' if appropriate. Deschler Ch 5 
         Sec. 10.7.
    Special 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. 647.
    Reports of committees delivered to the Clerk for printing and 
         reference, by title or subject. Manual Sec. 831.
    Motions entertained by the Speaker--including motions to 
         amend--unless withdrawn on the same day. Manual Sec. Sec. 580, 
         902.
    Motions to discharge when signed by a majority of the total 
         membership. Manual Sec. 892.
    The discharge of the Committee of the Whole from the further 
         consideration of a bill. Deschler Ch 5 Sec. 10.9.

[[Page 607]]

    Presentation of conference reports and the disposition thereof. 
         Manual Sec. 542.
    Messages from the Senate or from the President, including veto 
         messages. U.S. Const. art. I, Sec. 7; Manual Sec. 815.
    Unanimous-consent requests agreed to by the House, and action 
         taken pursuant thereto.
    The names of Members managing debate in the House under a 
         special rule 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. 647.

  Sec. 3 . -- Votes and Quorum Calls

      The Constitution requires that votes taken by the yeas and nays be 
  entered in the Journal. U.S. Const. art. I, Sec. 5. The Journal also 
  records the result of other votes and states in general terms the 
  subject of those votes. 4 Hinds Sec. 2804. The Journal also discloses:

    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 XX. Manual Sec. 1014.
    The names of those Members recorded on a quorum call taken 
         pursuant to rule XX clause 2. Manual Sec. 1014.
    The names of those Members recorded by tellers when the Speaker 
         directs a vote be taken by this procedure in lieu of the 
         electronic system. Manual Sec. 1019.
    The names of those Members voluntarily appearing to be recorded 
         as present when a call of the House is conducted under rule XX 
         clause 5. Manual Sec. 1021.
    The names of those Members recorded as absent after a quorum 
         call. Manual Sec. 1019.
    The names of those present sufficient to establish a quorum. 
         Manual Sec. 1020.

  Sec. 4 . Reading and Approval

      Pursuant to 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.

      Speaker: The Chair has examined the Journal of the last day's 
    proceedings and announces to the House his approval thereof. 
    Pursuant to clause 1 of rule I, the Journal stands approved.

[[Page 608]]

      Member: Mr. Speaker, I request the question be put on agreeing to 
    the Speaker's approval of the Journal.
      Speaker: The gentleman from  ______ demands a vote on 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 object to the vote on the ground that a quorum is not present and 
    make a point of order 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. By unanimous consent, the House has also 
  precluded the approval of the Journal during morning-hour debates.

      At one time, the reading of the Journal of each legislative day 
  was mandatory and could be dispensed with only by unanimous consent or 
  under suspension of the rules. 4 Hinds Sec. 2747; 6 Cannon Sec. 625. 
  Today, however, the Journal is considered as read after the Speaker's 
  approval thereof. Manual Sec. 621. However, if the Speaker's approval 
  is disagreed to, rule 1 clause 1 authorizes 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 announcement of his approval of the Journal no 
  longer requires the presence of a quorum. Manual Sec. 621. However, if 
  a Member objects to a vote on the question of approval, reading, or 
  amendment of the Journal on the grounds that a quorum is not present, 
  and a quorum is not present, a record vote is automatic. Rule XX 
  clause 6(a). That vote may be postponed to a designated place within 
  the same legislative day under rule XX clause 8(a). The vote may not 
  be reconsidered under rule I clause 1.
      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. Deschler Ch 5 Sec. 8.1. 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 the first order of business after the daily prayer, 
  even if it

[[Page 609]]

  is the second legislative day on the same calendar day. Manual 
  Sec. 869. It follows that the transaction of House business, however 
  highly privileged, is not in order before such approval. Deschler Ch 
  21 Sec. 2.12. Thus, the approval of the Journal takes precedence over 
  reports from the Committee on Rules, as well as the presentation of 
  conference reports. Manual Sec. 1077; 6 Cannon Sec. 630; Deschler Ch 5 
  Sec. 12.2. 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. However, 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. Deschler Ch 5 Sec. 12.15.
    The reception of messages from the Senate (Deschler Ch 5 
         Sec. 12.12) or the President (Deschler Ch 5 Sec. 12.20) during 
         an interruption of the reading of the Journal.
    Requests that Calendar Wednesday business be dispensed with 
         where such requests are made before, but not during, the 
         reading. Deschler Ch 5 Sec. Sec. 12.10, 12.24.
    Questions of privilege affecting the House collectively. 2 
         Hinds Sec. 1630.
    Arraignments of impeachment. 6 Cannon Sec. 469.

      Where the House adjourns on consecutive days without having 
  approved the Journal of the previous day's proceedings, the Speaker 
  puts each question de novo in chronological order as the first order 
  of business after the daily prayer on the subsequent day. Manual 
  Sec. 621.
      The House may by unanimous consent specifically authorize that 
  certain proceedings be taken up prior to the Journal, or the Speaker 
  may declare a short recess under rule I clause 12. Deschler Ch 5 
  Sec. 12.8. The Speaker has the discretion to entertain unanimous-
  consent requests made before the taking up of the Journal, but he may 
  decline to do so if a reading thereof is pending. Deschler Ch 5 
  Sec. Sec. 12.9, 12.11.


  Sec. 6 . Motion 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:

      Member: Mr. Speaker, I move that the Journal be read.
      Speaker: The question is, shall the Journal be read?

      The motion is privileged but not debatable and may not be 
  reconsidered. Manual Sec. 621; Deschler-Brown Ch 29 Sec. 6.38.

[[Page 610]]

  Sec. 7 . Reading Practices and Customs

      Journal readings are conducted in accordance with the customs of 
  the House. Deschler Ch 5 Sec. 11.1. When the Clerk reads the Journal 
  for the previous day, the Clerk omits such matters as the names of 
  Members responding to record votes and the texts of messages received. 
  The reading of the Journal by the Clerk may be terminated by unanimous 
  consent. Deschler Ch 5 Sec. 11; 101-2, Mar. 19, 1990, p 4488. It also 
  may be suspended temporarily or waived in the event of disorder on the 
  floor or pending a discussion of the validity of the previous day's 
  adjournment. 2 Hinds Sec. 1630; 4 Hinds Sec. 2759.


  Sec. 8 . Motion 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. If the Speaker's approval is disagreed to, 
  and a reading of the Journal is completed, 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.
      Speaker: The question is, shall the Journal of the last day's 
    proceedings stand approved?

      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 motion to approve is rejected by the House, the Journal is 
  subject to amendment unless the previous question is ordered. 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 Sec. Sec. 14.3-14.6.
      The motion to approve is debatable until the previous question is 
  ordered on that motion.
      The motion to approve may be disposed of by the adoption of a 
  motion to lay on the table, even though the previous question has been 
  demanded on the motion to approve. Deschler Ch 5 Sec. 14.8. In such 
  cases the motion to table the motion to approve is entertained first. 
  Deschler Ch 5 Sec. 14.8.

[[Page 611]]

  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 and 
    inserting].

  The Member offering the motion is recognized under the hour rule. 
  Manual Sec. 621. The motion to amend the Journal is in order after the 
  Journal has been read. 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 but will not be admitted after 
  the previous question on the motion to approve has been demanded. 
  Manual Sec. 621; Deschler Ch 5 Sec. Sec. 13.2, 13.3.

      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 prior legislative 
  day are made by unanimous consent. Deschler Ch 5 Sec. 13.
      An amendment to the Journal, such as a motion to expunge a portion 
  thereof, should not be used as a substitute for a motion to 
  reconsider. 4 Hinds Sec. 2790. However, the House may decide what are 
  proceedings, even to the extent of omitting things actually done or of 
  recording things not done. Manual Sec. 71; 4 Hinds Sec. 2784. None of 
  the rulings on permissible amendments to correct the Journal had the 
  effect of collaterally changing the tabling of a motion to reconsider. 
  Manual Sec. 71.


[[Page 613]]

 
                      CHAPTER 29 - LAY ON THE TABLE

                              HOUSE PRACTICE

  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 Sec. Sec. 5389-5442
          8 Cannon Sec. Sec. 2649-2660
          Deschler Ch 23 Sec. Sec. 9-13
          Manual Sec. Sec. 445, 911, 914

  Sec. 1 . In General; Effect

      The motion to table (or, under the more formal terminology of rule 
  XVI clause 4, to ``lay on the table'') is used to adversely dispose of 
  a proposition pending in the House. Manual Sec. 914; Deschler Ch 23 
  Sec. 9.1. 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, and 
  does not merely represent a refusal to consider it. Deschler Ch 23 
  Sec. 9.1; 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

[[Page 614]]

  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 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 
  Sec. Sec. 9.19, 12.3.


  Sec. 2 . When in Order

      The motion to table is in order only in the House and not in the 
  Committee of the Whole. 4 Hinds Sec. Sec. 4719, 4720; 8 Cannon 
  Sec. Sec. 2330, 2556a; Deschler Ch 23 Sec. Sec. 9.29, 9.30. It does 
  not apply to motions to go into the Committee of the Whole. 6 Cannon 
  Sec. 726. It is not applicable to propositions that are not debatable 
  or amendable. Manual Sec. 914.
      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 Sec. Sec. 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 or after the yeas and nays have been ordered thereon. 5 Hinds 
  Sec. Sec. 5408, 5415-5422; 8 Cannon Sec. 2655; Deschler Ch 23 Sec. 9.


  Sec. 3 . Precedence

                                 Generally

      Under the rule, the motion to table is preferential. Deschler Ch 
  23 Sec. Sec. 9, 11.2. It yields to the motion to adjourn and to the 
  question of consideration. Manual Sec. 911; 5 Hinds Sec. 4943; 
  Deschler Ch 23 Sec. 9. However, it enjoys precedence over the motions 
  for the previous question, to postpone, to refer, or to amend. Rule 
  XVI clause 4; Manual Sec. 911. 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 
  that is under debate, the motion to table the proposition is 
  preferential and is voted on first. Manual Sec. 914; Deschler Ch 23 
  Sec. Sec. 9.11, 12.1. Although a motion

[[Page 615]]

  to table is not in order after the previous question has been ordered 
  on a pending proposition, if the previous question is voted down, the 
  motion to table again becomes in order and is preferential. 5 Hinds 
  Sec. Sec. 5415-5422; Deschler Ch 23 Sec. Sec. 9.21, 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 or authorizing an 
         impeachment investigation. 6 Cannon Sec. 541; Deschler Ch 23 
         Sec. 9.14.
    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.
     A privileged resolution from a party caucus electing Members 
         to committees. Manual Sec. 914.

                              Special Orders

      Special orders of business reported from the Committee on Rules 
  and called up under rule XIII clause 5 are not subject to the motion 
  to table, as rule XIII clause 6 prohibits dilatory motions. Manual 
  Sec. 857. 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 because 
  this

[[Page 616]]

  would carry the entire bill and amendments of the other House to the 
  table and would leave no opportunity for the House and Senate to have 
  a second conference. Manual Sec. 914; 5 Hinds Sec. Sec. 6539, 6540.


  Sec. 5 . Application to Particular Motions

      The motion to table is applicable to debatable secondary motions 
  for the disposal of another matter, such as a motion to refer or a 
  motion to recede and concur in a Senate amendment in disagreement. 
  Manual Sec. 914; 5 Hinds Sec. 5433. The motion has been held 
  specifically applicable to:

    A motion to postpone to a day certain. 8 Cannon Sec. Sec. 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 Sec. Sec. 9.7, 
         9.8.
    A motion to reconsider a vote. 8 Cannon Sec. Sec. 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 or to any motion that is neither debatable nor 
  amendable. Deschler Ch 23 Sec. Sec. 9.26, 9.27. The motion is 
  inapplicable to:

    Motions for the previous question. 5 Hinds Sec. Sec. 5410, 
         5411.
    Motions to dispose of measures on which the previous question 
         has been ordered. 8 Cannon Sec. Sec. 2653, 2655.
    Motions to recommit made after the ordering of the previous 
         question, including a debatable motion to recommit with 
         instructions. Manual Sec. 1002a; 5 Hinds Sec. Sec. 5412-5414; 8 
         Cannon Sec. Sec. 2653, 2655.
    Motions to dispense with further proceedings under a call of 
         the House. Deschler Ch 23 Sec. Sec. 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. Manual Sec. 886; 5 Hinds 
         Sec. Sec. 5405, 5406; Deschler Ch 23 Sec. 9.
    Motions that when the House adjourn it stand adjourned until a 
         day and time certain. Manual Sec. 914.
     Motions to adjourn. Manual Sec. 912.

      The motion to table may not be applied to a motion to discharge a 
  committee under rule XV clause 2 unless the proposition before the 
  committee is a vetoed bill or a resolution of inquiry. Manual 
  Sec. 914; 5 Hinds Sec. 5407; 6 Cannon Sec. 415; Deschler Ch 23 
  Sec. Sec. 9.15, 9.16.

[[Page 617]]

  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; Manual 
  Sec. 914; 5 Hinds Sec. 5301; 6 Cannon Sec. 412; 8 Cannon Sec. 2465; 
  Deschler Ch 23 Sec. 9.6. However, debate may be permitted by unanimous 
  consent. 98-2, Oct. 4, 1984, p 30042.

                           Disposition of Motion

      It has been established that the motion to table:

    May not be amended. Manual Sec. 914; 5 Hinds Sec. 5754.
    May not be divided for a vote. 5 Hinds Sec. Sec. 6138-6140.
    May be reconsidered pursuant to motion. 5 Hinds Sec. Sec. 5628, 
         5629, 6288; 8 Cannon Sec. 2785.
    May be repeated after intervening business, but a call of the 
         House alone is not considered sufficient ``intervening 
         business.'' 5 Hinds Sec. Sec. 5398-5401.

  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 Sec. Sec. 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. The tabling of a proposal, however, will not 
  result in the tabling of a connected matter 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 Sec. Sec. 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 Sec. Sec. 2652, 
         2659.
    The tabling of a motion to instruct conferees does not carry 
         with it the bill in disagreement. 8 Cannon Sec. 2658.

[[Page 618]]

    The tabling of a resolution providing for the final disposition 
         of an impeachment proceeding does not carry with it such 
         proceeding. 6 Cannon Sec. 538.
    The tabling of a preamble does not carry 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 Sec. Sec. 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.
    The tabling of a motion to postpone consideration of a Senate 
         amendment does not carry with it pending motions for 
         disposition of the amendment. 8 Cannon Sec. 2657.

      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 because other motions remain available 
  for disposition of the pending amendment. Manual Sec. 914.


  Sec. 8 . Taking From the Table; Reconsideration

      A matter once laid on the table may be taken therefrom only by 
  suspension of the rules or by unanimous consent unless it is a matter 
  of privilege. Manual Sec. 445; 5 Hinds Sec. 6288; Deschler Ch 23 
  Sec. Sec. 13.1, 13.2. Such matters of privilege include questions of 
  privilege (5 Hinds Sec. Sec. 5438, 5439), propositions to impeach (3 
  Hinds Sec. 2049), and bills vetoed by the President (5 Hinds 
  Sec. 5439). 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. 
  However, under modern practice, a tabled resolution raising a question 
  of the privileges of the House (even where the motion to reconsider 
  that vote was laid on the table), may be offered again in identical 
  form on a subsequent day if still constituting a question of 
  privilege. Manual Sec. 713.


[[Page 619]]

 
                 CHAPTER 30 - MESSAGES BETWEEN THE HOUSES

                              HOUSE PRACTICE

  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 Sec. Sec. 6590-6662
          8 Cannon Sec. Sec. 3333-3353
          Deschler-Brown Ch 32 Sec. Sec. 1, 2
          Manual Sec. Sec. 330, 560-569, 873, 874

  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 Sec. Sec. 3342, 3343. The Chair does not take public notice of 
  the proceedings of the Senate unless they are formally brought to the 
  attention of the House by message from the Senate. Deschler-Brown Ch 
  32 Sec. 2.14.
      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 a bill from one 
         House to the other.
     To transmit the action of one House on an amendment of the 
         other.
     To request the return of a bill or an amendment.
     To convey information relating to a committee of conference 
         and a report relating thereto.
     To transmit information relating to the election of an officer 
         and other organizational matters.
     To indicate House or Senate action on a vetoed bill.
     To convey information or documents relating to an impeachment 
         proceeding.

[[Page 620]]

     To dispose of questions regarding a breach of privilege by one 
         House against the other.

      Such messages also have 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. Deschler-
  Brown Ch 32 Sec. 1.3. 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. 
  Deschler-Brown Ch 32 Sec. 1.4; 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 and pending a motion for a call of 
  the House. Manual Sec. 562; 8 Cannon Sec. 3339. The Speaker may 
  receive the message even before the approval of the Journal. Manual 
  Sec. 562.
      A message from the Senate may not be received when the House is in 
  the Committee of the Whole, but the Committee may rise (formally or 
  informally) to permit the reception of such messages. Manual Sec. 564.
      Whereas it was formerly the custom to transmit messages only when 
  both Houses were sitting (5 Hinds Sec. Sec. 6601, 6602), the present 
  practice permits the reception of messages regardless of whether the 
  other House is in session (8 Cannon Sec. 3338). Rule II clause 2(h) 
  permits the reception by the Clerk of messages from the Senate 
  notwithstanding the recess or adjournment of the House.


  Sec. 3 . Messages Relating to Bills

                                 Generally

      Messages from the Senate concerning House bills with Senate 
  amendments or Senate bills that 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 introduced in 
  the House. Manual Sec. 873. Those which do not require consideration 
  in the Committee of the Whole may be laid before the House for 
  consideration pursuant to rule XIV clause 2. Manual Sec. 874; see 
  Senate Bills; Amendments Between the Houses.

[[Page 621]]

      Senate messages giving notice of measures passed or approved are 
  entered in the Journal and published in the Congressional Record. 
  Manual Sec. 815.

                     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. Deschler-Brown Ch 32 
  Sec. 2.9. A request of the Senate for the return of a bill to correct 
  an error is treated as privileged in the House and may be disposed of 
  by unanimous consent or by motion. Manual Sec. 565. When a request of 
  the Senate for the return of a bill is treated as privileged, the 
  Chair may immediately put the question on the request without debate. 
  Deschler-Brown Ch 32 Sec. 2.8. 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. Deschler-Brown 
  Ch 32 Sec. 2.2. 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. For example, the House by 
  unanimous consent agreed to a request from the Senate for the return 
  of a Senate bill, to the end that the Senate effect a specified 
  (substantive) change in its text. Manual Sec. 565. For a discussion of 
  reconsideration of a 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 of the 
  House or Secretary of the Senate commits an error in delivering a 
  messaged document, he may be directed to correct it. In one instance, 
  where the Secretary 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. Manual Sec. 704.


[[Page 623]]

 
                CHAPTER 31 - MORNING HOUR; CALL OF COMMITTEES

                              HOUSE PRACTICE

  Sec. 1. In General; Place in Order of Business
  Sec. 2. Procedure; Business Considered
  Sec. 3. Duration; Interruption or Termination
        Research References
          4 Hinds Sec. Sec. 3118-3141
          6 Cannon Sec. Sec. 751-755; 7 Cannon Sec. 944
          Deschler Ch 21 Sec. 4
          Manual Sec. Sec. 869, 880, 881, 951


  Sec. 1 . In General; Place in Order of Business

                                 Generally

      The morning hour call of committees under rule XIV clause 4 is a 
  rarely used procedure for calling up for consideration in the House 
  bills that have been reported by committees and that are on the House 
  Calendar. Manual Sec. 880. Other avenues that are more frequently used 
  for this purpose are special rules from the Committee on Rules; 
  suspension of the rules; unanimous-consent agreements; and, 
  historically, Calendar Wednesday (all of which are discussed 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. 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 disposing of relatively 
  noncontroversial bills on the House Calendar.

                    Morning-hour Debates Distinguished

      In the 103d Congress the House established a procedure for 
  ``morning-hour debates.'' Manual Sec. 951. Under this practice, which 
  is permitted by a standing order adopted by unanimous consent each 
  Congress, the House meets before the regular convening hour on Mondays 
  and Tuesdays to entertain up to five-minute speeches for up to one 
  hour from lists submitted by the Majority and Minority Leaders. No 
  business is permitted during such periods. See Consideration and 
  Debate for further discussion of this practice.

[[Page 624]]

                     Calendar Wednesday Distinguished

      Unprivileged measures on the House or Union Calendar may be 
  considered when committees are called alphabetically under the 
  Calendar Wednesday rule. Rule XV clause 7. Calendar Wednesday is 
  routinely dispensed with by unanimous consent, but it may be dispensed 
  with by a motion that takes two-thirds to adopt. Manual Sec. 900; 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 XIV clause 1. A bill once brought up on the morning hour call 
  continues before the House in that order of business until disposed 
  of, unless withdrawn by authority of the committee with jurisdiction 
  over the bill. 4 Hinds Sec. 3120. 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 shall call each standing committee, 
  ``in regular order,'' and then select committees. Rule XIV 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 from the House 
  Calendar a bill it has previously reported. Rule XIV 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 ``on a previous day'' and that is on the House Calendar. 
  Manual Sec. 880. Thus, the bill must actually be on the House 
  Calendar, and properly there, in order to be considered; a bill on the 
  Union Calendar may not be brought up dur

[[Page 625]]

  ing the morning hour call of committees. 4 Hinds Sec. Sec. 3122-3126; 
  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. He may, 
  however, 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 one hour. 4 Hinds Sec. 3119. Morning hour does not 
  terminate until the call is exhausted, until the House adjourns or 
  votes to go into Committee of the Whole, or until other privileged 
  matter intervenes. Manual Sec. Sec. 881-883; 4 Hinds Sec. 3131. Under 
  the modern practice, privileged business is always available to 
  obviate morning hour business. After the intervening business is 
  concluded, the morning hour call of committees is resumed unless the 
  House adjourns. 4 Hinds Sec. 3133.

                 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 XIV 
  clause 5; 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. 882. The 
  motion may interrupt the call of committees after the expiration of 
  one hour and may be made even sooner if the call of committees is 
  exhausted before the hour expires. 4 Hinds Sec. Sec. 3131, 3141.
      Before expiration of the hour, the Speaker has declined to permit 
  the call to be interrupted by a committee report or by a unanimous-
  consent request to consider a bill that is not on the House Calendar. 
  4 Hinds Sec. Sec. 3130, 3132.


[[Page 627]]

 
                           CHAPTER 32 - MOTIONS

                              HOUSE PRACTICE

  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 Sec. Sec. 5300-5358
          8 Cannon Sec. Sec. 2609-2640
          Deschler Ch 23
          Manual Sec. Sec. 460, 902-905, 949


  Sec. 1 . In General

      Most motions that are used in the practice of the House are 
  specifically provided for by House rule. They are governed by separate 
  procedural requirements, serve different purposes, and are treated 
  under separate titles elsewhere in this work, such as Adjournment; Lay 
  on the Table; Postponement; Previous Question; Reconsideration; Refer 
  and Recommit; and Suspension of Rules.
      Motions must also conform to certain common procedural 
  requirements; for example, a Member offering a motion must rise to his 
  feet and address the Chair. Sec. 3, infra. Although recognition for a 
  motion is always at the discretion of the Speaker, he will ordinarily 
  be bound to entertain any motion that is in order under the rules of 
  the House and in accordance with its parliamentary practices. 4 Hinds 
  Sec. 3550; see also Recognition. Where a motion not in order under the 
  rules of the House is, by unanimous consent, considered and agreed to, 
  it controls the procedure of the House until carried out, unless the 
  House takes affirmative action to the contrary. Deschler Ch 23 
  Sec. 1.1.


  Sec. 2 . Form; Reading of Motion

      Under rule XVI clause 1, a motion entertained in the House or in 
  the Committee of the Whole must be reduced to writing if demanded by a 
  Member. If offered in the House, the motion is entered on the Journal 
  unless withdrawn on the same day. Manual Sec. 902. Not every motion is 
  in writing

[[Page 628]]

  when proposed. When a point of order is raised, the Chair may give the 
  proponent an opportunity to reduce the motion to writing before 
  putting the question thereon. Manual Sec. 902.
      Rule XVI clause 2 requires that a motion be stated by the Speaker 
  or read by the Clerk before it can be debated. Manual Sec. 904; 5 
  Hinds Sec. 4938. The Clerk's reading may be dispensed with only by 
  unanimous consent. Manual Sec. 904.
      Where there is a misunderstanding about the wording of a pending 
  motion, the Chair may restate the motion. However, it is not in order 
  to ask that the motion be rereported by the Clerk except by unanimous 
  consent. Deschler Ch 23 Sec. Sec. 2.4, 2.5. 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. 
  Deschler Ch 23 Sec. 2.3.


  Sec. 3 . Recognition to Offer

      A Member may not make a motion without rising and addressing the 
  Chair. Manual Sec. Sec. 394, 945. 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. Rule XVII clause 2 
  states: ``When two or more Members, Delegates, or the Resident 
  Commissioner rise at once, the Speaker shall name the Member, 
  Delegate, or Resident Commissioner who is first to speak. . . .'' 
  Manual Sec. 949.
      A motion is not pending until the Chair has recognized its 
  proponent thereon. For this reason, the Speaker often asks ``For what 
  purpose does the gentleman rise?'' when a Member seeks recognition. By 
  this question he determines whether the Member proposes a motion that 
  is entitled to precedence, and he may deny recognition. Manual 
  Sec. 953; 2 Hinds Sec. 1464; 6 Cannon Sec. Sec. 289-291, 293. As a 
  proper exercise of the Speaker's discretion, there is no appeal from 
  such denial. Manual Sec. 953; 2 Hinds Sec. 1464; 6 Cannon Sec. 292; 8 
  Cannon Sec. Sec. 2429, 2646, 2762.
      In certain rules the Chair's discretion in recognition is 
  explicitly stated. In rule XX clause 7(b), the Speaker may recognize a 
  Member to move a call of the House at any time; and further 
  proceedings under a call are considered as dispensed with ``unless the 
  Speaker recognizes for a motion'' to compel attendance of absentees. 
  In rule XVI clause 4, the motion that the Speaker be authorized to 
  declare a recess or the motion to set the day's adjournment to a day 
  and time certain is entertained ``in his discretion.'' Other motions 
  in rule XVI are given a precedence under the rules that the Chair must 
  acknowledge.

[[Page 629]]

      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. However, 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. Except when a Member in charge of a measure occupies the 
  floor in debate, such Member must yield to Members proposing 
  preferential motions. 5 Hinds Sec. Sec. 5391-5395. Ordinarily, when an 
  essential motion made by the Member in charge 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

      Rule XVI clause 1, which was adopted in 1890, states that ``[n]o 
  dilatory motion shall be entertained by the Speaker.'' Manual 
  Sec. 902. The Speaker may decline to entertain the motion on his own 
  initiative or on a point of order from the floor. 5 Hinds 
  Sec. Sec. 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 Speaker 
  determines a question of dilatoriness not necessarily by the length of 
  time at issue or the character of the underlying business. Rather, the 
  Speaker determines 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. For discussion of dilatory 
  motions pending consideration of a report from the Committee on Rules, 
  see Manual Sec. 857. For the rule prohibiting offering of dilatory 
  amendments printed in the Congressional Record, see Manual 
  Sec. Sec. 857, 858.


  Sec. 5 . Withdrawal; Reoffering

                                 Generally

      A motion having been made, rule XVI clause 2 places it in the 
  possession of the House but permits its withdrawal at ``any time 
  before a decision or amendment thereon.'' Manual Sec. 904. 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, such 
  as a motion for the previous question or the ordering of the previous 
  question. Manual Sec. 905; 5 Hinds

[[Page 630]]

  Sec. Sec. 5355, 5489; Deschler Ch 23 Sec. 1. 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. Deschler Ch 
  23 Sec. 2.7.
      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 before action thereon even though 
  it is under consideration as unfinished business postponed from the 
  preceding day. 95-1, June 17, 1977, p 19693.
      Action by the House that will preclude withdrawal of a motion 
  includes 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. Deschler Ch 23 Sec. 2.9. However, 
  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. The Chair may decline to permit a 
  withdrawal while he is counting a vote. Manual Sec. 905; 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 (as by 
  withdrawing and offering a modified form). 5 Hinds Sec. 5358. However, 
  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 and withdrawal of amendments, see 
  Amendments and Withdrawal.


[[Page 631]]

 
                            CHAPTER 33 - OATHS

                              HOUSE PRACTICE

  Sec. 1. In General; Administering the Oath of Office
  Sec. 2. Absent Members and the Oath; Use of Deputies
  Sec. 3. Challenging the Right To Be Sworn
  Sec. 4. Oath Relating to Classified Information
        Research References
          U.S. Const. art. I, Sec. 5; art. VI, cl. 3
          1 Hinds Sec. Sec. 6-22
          6 Cannon Sec. Sec. 127-185
          Deschler Ch 2 Sec. Sec. 5, 6
          Manual Sec. Sec. 197-206


  Sec. 1 . In General; Administering the Oath of Office

                                 Generally

      The Constitution requires that every Senator and every 
  Representative swear or affirm to support the Constitution of the 
  United States. U.S. Const. art. VI, cl. 3. Rule II clause 1 carries 
  the same requirement for elected officers. For administration of the 
  oath to officers, see Officers and Offices. The form of the oath and 
  the procedure for its administration are 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 
  or to introduce bills. Manual Sec. 300; 8 Cannon Sec. 3122. 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, under the modern practice the election of such a 
  Member to a standing committee may be made effective only upon being 
  sworn. 4 Hinds Sec. 4483; 106-1, H. Res. 6, Jan. 6, 1999, p ____.
      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 administers the oath of office 
  to all Members-elect at one time on opening day, although a Member-
  elect whose right to take the oath

[[Page 632]]

  has been challenged may be asked to stand aside. Manual Sec. 202. A 
  Member-elect who does not take the oath of office on opening day may 
  appear later in the well, in response to the Speaker's invitation, and 
  take the oath. Deschler Ch 2 Sec. 5.14. The Speaker also administers 
  the oath to Delegates-elect, the Resident Commissioner from Puerto 
  Rico, and Members-elect elected to fill vacancies. Deschler Ch 2 
  Sec. Sec. 3.6, 5.

                 Credentials as Basis for Taking the Oath

      Although the Clerk will not as a general rule enroll Members-elect 
  who appear without certificates of election, the House itself may 
  authorize, by unanimous consent, the administration of the oath to 
  Members-elect who appear without appropriate formal credentials. 1 
  Hinds Sec. Sec. 162-168, 553-564; Deschler Ch 2 Sec. 3.5. 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. Deschler Ch 2 Sec. Sec. 3.1-3.4. 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. 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. Deschler Ch 2 Sec. 3.4.

                        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 the Committee on House Administration. 
  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, because membership cannot be imposed 
  on one without his consent. 2 Hinds Sec. Sec. 1230-1234. 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. However, where a 
  Member-elect fails to appear to take the oath, the House may provide 
  by resolution that, if he fails to appear to take the oath by a 
  certain date, the seat will be declared vacant. Deschler Ch 2 
  Sec. 5.7.
      In the 97th Congress, the House, by majority vote, declared vacant 
  a seat where the Member-elect was unable to take the oath because of 
  an incapacitating illness. In that case, the medical prognosis showed 
  no likelihood

[[Page 633]]

  of improvement. The constitutional basis for the declaration of the 
  vacancy by majority vote was not expressly stated in the resolution. 
  Nevertheless, the power of the House under article I, section 5 of the 
  Constitution to judge the qualifications of its Members by majority 
  vote has been justified by the Supreme Court. In Powell v. McCormack, 
  395 U.S. 486, 520 (1969), the Court stated in a footnote that in 
  addition to age, citizenship, and inhabitancy, the article VI 
  requirement for taking the oath could be argued to be a qualification.

                                Precedence

      The administration of the oath is a matter of high privilege. 
  Manual Sec. 201. The oath may be administered before the reading of 
  the Journal and takes precedence of a motion to amend the Journal. 1 
  Hinds Sec. 171. It has been held in order to administer the oath in 
  the absence of a quorum, during a roll call, and on Calendar 
  Wednesday. Manual Sec. Sec. 200, 201; 1 Hinds Sec. 174; 6 Cannon 
  Sec. 22. The administration of the oath is in order even after the 
  previous question has been ordered on a pending matter. Deschler Ch 2 
  Sec. 5.17. Debate on a resolution reported from the Committee on Rules 
  may be interrupted to allow a new Member to take the oath of office. 
  Deschler Ch 2 Sec. 5.18.
      The Act of June 1, 1789, provides that on the organization of the 
  House, and previous to entering on any other business, the oath shall 
  be administered by any Member (generally the Member with longest 
  continuous service) to the Speaker and by the Speaker to the other 
  Members and Clerk (when elected). Manual Sec. 198; 2 USC Sec. 25; 1 
  Hinds Sec. Sec. 130, 131; 6 Cannon Sec. 6. The Act was cited by the 
  Clerk in recognizing for nominations for Speaker as being of higher 
  constitutional privilege than a resolution to postpone the election of 
  a Speaker and instead provide for the election of a Speaker pro 
  tempore pending the disposition of certain ethics charges against the 
  nominee of the majority party. Manual Sec. 198.


  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 or because of some illness in his family. 
  Deschler Ch 2 Sec. Sec. 5.8-5.12. 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 (Deschler Ch 2 Sec. 5.10), a State or county judge 
  (Deschler Ch 2 Sec. 5.11), or a Federal district court judge (105-1, 
  Feb.

[[Page 634]]

  4, 1997, p 1381). The deputy so designated reports thereon to the 
  House, which report may take the form of a letter from the deputy 
  designated by the Speaker. Deschler Ch 2 Sec. Sec. 5.8, 5.10, 5.12.


  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 Members-elect to rise to take 
  the oath of office. Manual Sec. 202; 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 Sec. Sec. 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 Constitution, which designates the House as the sole 
  judge of the elections, returns, and qualifications of Members. U.S. 
  Const. art. I, Sec. 5, cl. 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 with the rest of the membership en 
  masse. The House, and not the Speaker, determines the action to be 
  taken in such cases. Manual Sec. 199; Deschler Ch 2 Sec. 6.1. 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 be 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-elect's prima facie right to the seat, but at the same time 
  refer the determination of his final right to committee. 1 Hinds 
  Sec. Sec. 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 
  Sec. Sec. 6.6, 6.7.

[[Page 635]]

      Resolutions relating to the right of a challenged Member-elect to 
  be sworn are privileged. Manual Sec. 201. The resolution is open to 
  amendment where the House has not ordered the previous question 
  thereon. Deschler Ch 23 Sec. 22.4. The challenged Member-elect may, by 
  unanimous consent, be permitted to participate in debate on the 
  resolution. Deschler Ch 2 Sec. 2.5. The time for debate on the 
  resolution may be extended by unanimous consent. Deschler-Brown Ch 29 
  Sec. 26.33.
      The seating of a Member-elect does not prejudice a contest pending 
  under the Federal Contested Elections Act over final right to the 
  seat. 2 USC Sec. Sec. 381-396; Manual Sec. 203.
      As to the procedure to be followed in contested elections, see 
  Election Contests and Disputes.


  Sec. 4 . Oath Relating to Classified Information

      Rule XXIII clause 13, the Code of Official Conduct, prescribes an 
  oath to be executed by all Members, officers, and employees of the 
  House before they obtain 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 Representatives, except as authorized by the House of 
    Representatives or in accordance with its rules. Manual Sec. 1095.

      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 637]]

 
                   CHAPTER 34 - OFFICE OF THE SPEAKER

                              HOUSE PRACTICE

  Sec. 1. Role of Speaker
  Sec. 2. Term of Office; Vacancy
  Sec. 3. Election
  Sec. 4. Jurisdiction and Duties; Rulings
  Sec. 5. Participation in Debate and Voting
  Sec. 6. The Speaker Pro Tempore
        Research References
          1 Hinds Sec. Sec. 186-234; 2 Hinds Sec. Sec. 1307-1412
          6 Cannon Sec. Sec. 23, 24, 247-282
          Deschler Ch 6 Sec. Sec. 1-14
          Manual Sec. Sec. 621-639, 970

  Sec. 1 . Role of 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. As the presiding officer of the House, the Speaker maintains 
  order, manages its proceedings, and governs the administration of its 
  business. Manual Sec. 622; Deschler Ch 6 Sec. Sec. 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. 949), construing and applying the House rules (Manual 
  Sec. 627), and putting the question on matters arising on the floor to 
  a vote (Manual Sec. 630).
      The Speaker's role as presiding officer 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 required. 89-1, May 18, 
  1965, p 10871.

[[Page 638]]

  Sec. 2 . Term of Office; Vacancy

                                Term Limit

      The Speaker's term of office begins on his taking of his oath of 
  office, which immediately follows his election and opening remarks. 
  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. 2. During the 104th through 107th Congresses, the 
  Speaker's term of office was limited for four consecutive Congresses. 
  That rule was repealed in the 108th Congress. Manual Sec. 635.

                                  Vacancy

      The Office of Speaker may be declared vacant by resolution, which 
  may be offered as a matter of privilege. Manual Sec. 315; 6 Cannon 
  Sec. 35. Under rule I clause 8(b)(3), adopted in the 108th Congress, 
  the Speaker is required to deliver to the Clerk a list of Members in 
  the order in which each shall act as Speaker pro tempore in the case 
  of a vacancy in the Office of Speaker. The Member acting as Speaker 
  pro tempore under this provision may exercise such authorities of the 
  Office of Speaker as may be necessary and appropriate pending the 
  election of a Speaker or Speaker pro tempore. A vacancy in the Office 
  may exist by reason of the physical inability of the Speaker to 
  discharge the duties of the Office.


  Sec. 3 . Election

                        Speaker Chosen from Members

      Article I, section 2 of the Constitution directs that the House 
  choose its Speaker and other officers. The Speaker is the only House 
  officer who traditionally has 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 followed 
  invariably. 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.'' Rule II clause 1; 1 Hinds Sec. 187.

                            Nomination and Vote

      The general practice for election of Speaker begins with 
  nominations from each party caucus followed by a viva voce vote of the 
  Members-elect. Relying on the Act of June 1, 1789, the Clerk 
  recognized for nominations for Speaker as being of higher 
  constitutional privilege than a resolution to postpone the election of 
  a Speaker and instead provide for the election of

[[Page 639]]

  a Speaker pro tempore pending the disposition of certain ethics 
  charges against the nominee of the majority party. 2 USC Sec. 25; 
  Manual Sec. 27.
      Under the modern practice, the Speaker is elected by a majority of 
  Members-elect voting by surname, a quorum being present. Manual 
  Sec. 27; 1 Hinds Sec. 216; 6 Cannon Sec. 24. The Clerk appoints 
  tellers for this election. However, the House, and not the Clerk, 
  decides by what method it shall elect. 1 Hinds Sec. 210. For former 
  practices relating to the election of the Speaker, see Manual Sec. 27; 
  1 Hinds Sec. Sec. 212, 214, 218; 8 Cannon Sec. 3883.
      In two instances the House agreed to choose and subsequently did 
  choose a Speaker by a 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 responding to 
  the call of the roll by naming the candidate for whom he voted. 
  Finally, after the fifty-ninth ballot, the House adopted a resolution 
  declaring that a Speaker could be elected by a plurality. 1 Hinds 
  Sec. 221. In 1856 the House again struggled over the election of a 
  Speaker. Ballots numbering 129 had been taken without any candidate 
  receiving a majority of the votes cast. The House then adopted a 
  resolution permitting the election to be decided by a plurality. 1 
  Hinds Sec. 222. On both of these occasions, the House ratified the 
  plurality election by a majority vote.


  Sec. 4 . Jurisdiction and Duties; Rulings

      The Speaker presides over the business of the House. In the 
  execution of his duties, the Speaker:

     Calls to order and the approval of the Journal. Manual 
         Sec. Sec. 621, 622.
     Refers bills and other matters to committee. Manual Sec. 816.
     Disposes of business on the Speaker's table. Manual 
         Sec. Sec. 873-875.
     Designates a Speaker pro tempore, and appoints Chairmen of the 
         Committee of the Whole. Manual Sec. Sec. 632, 970.
     Recognizes Members. Deschler Ch 6 Sec. Sec. 3.16-3.23.
     States a question in prescribed form. Manual Sec. 630.
     Supervises the timing of debate and other proceedings in the 
         House. Deschler Ch 6 Sec. 3.25.
     Rules on points of order and responds to parliamentary 
         inquiries. Deschler Ch 6 Sec. 3.
     Makes appointments pursuant to statute, House rules, and House 
         resolutions. Deschler Ch 6 Sec. 6. For appointments to 
         committees, see Committees.
     Certifies to a U.S. Attorney persons found to be in contempt 
         of a House committee. Deschler Ch 6 Sec. 3.40.

[[Page 640]]

     Declares the House in recess in the event of an emergency 
         pursuant to his inherent power, pursuant to rule I clause 12, 
         or pursuant to a House resolution authorizing him to take such 
         action. Deschler Ch 6 Sec. 3.44; see Recess.
     Changes convening time (within constitutional limit) during an 
         adjournment of not more than three days, in the case of 
         imminent impairment of the place of reconvening. Rule I clause 
         12(c).
     Convenes the House in a place at the seat of government other 
         than the Hall of the House whenever it is in the public 
         interest. Rule 1 clause 12(d).
     Signs various documents, including warrants and subpoenas. 
         Rule I clause 4.
     Makes preliminary decisions as to questions of privilege. 3 
         Hinds Sec. Sec. 2649, 2650, 2654.
     Determines the presence of a quorum, conducts quorum counts, 
         and counts certain votes. Manual Sec. Sec. 55, 630, 810, 1012; 
         4 Hinds Sec. 2932.
     Announces the absence of a quorum without unnecessary delay. 6 
         Cannon Sec. 652.
     Maintains order in debate. Manual Sec. 960.
     Administers censure by direction of the House. 6 Cannon 
         Sec. Sec. 236, 237.
     Designates Members to travel on official business of the 
         House. Manual Sec. 636.
     Appoints Members to conference committees. Manual 
         Sec. Sec. 536, 637.
     Rules on the validity of conference reports. Manual Sec. 628; 
         5 Hinds Sec. Sec. 6409, 6410, 6414, 6416, 6409-6413; 8 Cannon 
         Sec. Sec. 3256, 3264.
     Declares the House adjourned when the hour previously fixed 
         for adjournment arrives. 5 Hinds Sec. 6735.
     Approves assignment of leadership staff to the floor. Rule IV 
         clause 2(a)

      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 or legal effect of a pending measure 
         or comment on the merits thereof. Manual Sec. 628; Deschler Ch 
         6 Sec. Sec. 4.20, 4.21.
     Determine whether Members have abused leave to print. Manual 
         Sec. 628.
     Respond to hypothetical questions, render anticipatory 
         rulings, or decide a question not directly presented by the 
         proceedings. Manual Sec. 628; Deschler Ch 6 Sec. Sec. 4.13, 
         4.14.
     Determine questions that are within the province of the 
         Chairman of the Committee of the Whole. Manual Sec. 971; 5 
         Hinds Sec. 6987.
     Pass on the constitutional powers of the House, the 
         constitutionality of House rules, or the constitutionality of 
         amendments offered to pending bills. Manual Sec. 628.
     Resolve questions on the consistency of an amendment with the 
         measure to which it is offered, or with an amendment that 
         already has been adopted, or on the consistency of proposed 
         action with other acts of the House. Manual Sec. Sec. 466, 628; 
         5 Hinds Sec. 5781.

[[Page 641]]

     Answer inquiries as to the availability of amendments not yet 
         offered. Deschler Ch 27 Sec. 3.37.
     Decide whether a Member should be allowed to display an 
         exhibit in debate, except under the Speaker's duty to preserve 
         decorum. Manual Sec. 622; Deschler Ch 6 Sec. 4.10.
     Rule on the sufficiency or effect of committee reports or 
         whether the committee has followed instructions. Manual 
         Sec. 628; 2 Hinds Sec. 1338; 4 Hinds Sec. Sec. 4404, 4689; 
         Deschler Ch 6 Sec. Sec. 4.22, 4.23.
     Rule on the propriety or expediency of a proposed course of 
         action. Manual Sec. 628.
     Construe the consequences of a pending vote. Deschler Ch 6 
         Sec. Sec. 4.27, 4.28.
     Determine whether a Member should be censured or whether an 
         office he holds is incompatible with his membership, these 
         being matters for the House to decide. 2 Hinds Sec. 1275; 6 
         Cannon Sec. 253.
     Look behind the unambiguous language of a special order 
         adopted by the House when interpreting its language. Manual 
         Sec. 628.

      For jurisdiction and duties of the Chairman of the Committee of 
  the Whole, see Committees of the Whole.


  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 in which he has relinquished the Chair and 
  participated in the debate on the floor. Manual Sec. 358. He may take 
  the floor for purposes of debate both in the House and in the 
  Committee of the Whole. If the Speaker is to participate in debate on 
  the floor of the House, he calls another Member to the Chair to serve 
  as Speaker pro tempore. Manual Sec. 358; 2 Hinds Sec. 1360.

                                  Voting

      Under the early rules of the House, the Speaker was barred from 
  voting except under certain circumstances. 5 Hinds Sec. 5964. Today, 
  the Speaker has the same right as other Members to vote but only 
  occasionally exercises it. Manual Sec. 631. The Speaker may vote on 
  any matter that comes before the House, and he is required to vote 
  where his vote would be decisive or where the House is engaged in 
  voting by ballot. Rule I clause 7; Manual Sec. 631. 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 Sec. Sec. 6061-6063. On an electronic 
  vote, the Chair may direct the Clerk to record him and verify that 
  instruction by submitting a vote card. Manual Sec. 631.

[[Page 642]]

  Sec. 6 . The Speaker Pro Tempore

                          Appointment or Election

      The Speaker may appoint a Speaker pro tempore. Such an appointment 
  may not exceed three legislative days, except that in the case of 
  illness the Speaker's appointment may extend to 10 days with the 
  approval of the House. Rule I clause 8. For longer periods, a Speaker 
  pro tempore is elected by the House. Manual Sec. 632. A Member 
  sometimes is designated Speaker pro tempore by the Speaker and 
  subsequently elected by the House. Deschler Ch 6 Sec. 12.76. If the 
  Speaker appoints a Speaker pro tempore only for purposes of signing 
  enrolled bills and joint resolutions, such an appointment may extend 
  for a ``specified period of time'' with the approval of the House. 
  Rule I clause 8. The Speaker may appoint two alternate Members to sign 
  enrolled bills. Manual Sec. 634. Under rule I clause 8(b)(3), adopted 
  in the 108th Congress, the Speaker is required to deliver to the Clerk 
  a list of Members in the order in which each shall act as Speaker pro 
  tempore in the case of a vacancy in the Office of Speaker.
      A Speaker pro tempore is elected pursuant to resolution. Deschler 
  Ch 6 Sec. 14.1. The resolution may be offered by the chairman of the 
  majority party caucus or by the Majority Leader. Deschler Ch 6 
  Sec. 14. A Speaker pro tempore by designation leaves the Chair pending 
  the offering of a resolution electing him as Speaker pro tempore. 
  Deschler Ch 6 Sec. Sec. 11.7, 14.1.

                              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, by the Dean of the House, or by another Member. 
  Deschler Ch 6 Sec. Sec. 11.4-11.6.

                               Who May Serve

      Under rule I clause 8, the Speaker pro tempore must be a Member of 
  the House. Manual Sec. 632. He usually is a member of the majority 
  party (Deschler Ch 6 Sec. 10), such as the Majority Leader (Deschler 
  Ch 3 Sec. 17.5) or the Majority Whip (Deschler Ch 3 Sec. 23.5). 
  However, the Dean of the House also has served in that capacity. 89-1, 
  Jan. 19, 1965, p 946. On rare ceremonial occasions the Minority Leader 
  has been designated Speaker pro tempore. Deschler Ch 6 Sec. 12.7.

                           Powers and Functions

      The Speaker pro tempore, as the occupant of the Chair, exercises 
  many functions that normally fall within the purview of the Speaker. 
  Routine

[[Page 643]]

  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 Sec. Sec. 9, 10. When the Office of Speaker 
  is vacant, the Member acting as Speaker pro tempore under rule I 
  section 8(b) may exercise such authorities of the Office as may be 
  necessary and appropriate pending the election of a Speaker or 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, compared with 
  those of an elected Speaker pro tempore, are relatively limited. 
  Deschler Ch 6 Sec. Sec. 10, 14.
      Absent unanimous consent or specific House approval, a designated 
  Speaker pro tempore may not:

     Administer the oath of office to a Member-elect. Deschler Ch 6 
         Sec. 12.8.
     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 Sec. Sec. 12.9, 12.10.
     Appoint Members to attend a funeral. Deschler Ch 6 Sec. 12.14.
     Spread upon the Journal a veto message from the President. 
         Deschler Ch 6 Sec. 12.11.

      By contrast, an elected Speaker pro tempore may, for example, 
  appoint conferees, administer the oath of office to a Member-elect, 
  and preside at a joint session of Congress. Deschler Ch 6 
  Sec. Sec. 12.8, 14, 14.8.


[[Page 645]]

 
                    CHAPTER 35 - OFFICERS AND OFFICES

                              HOUSE PRACTICE

  Sec. 1. House Officers
  Sec. 2. Election and Oath
  Sec. 3. Removal From Office
  Sec. 4. Vacancies
  Sec. 5. Other Offices Established by Rule II
  Sec. 6. Offices Established by Law
  Sec. 7. Service of Process
        Research References
          U.S. Const. art. I, Sec. 2
          1 Hinds Sec. Sec. 235-283
          6 Cannon Sec. Sec. 25-34
          Deschler Ch 6 Sec. Sec. 15-22
          Manual Sec. Sec. 640-670

  Sec. 1 . House Officers

                                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. 640. Of these, only the Speaker 
  traditionally has been chosen from the sitting membership of the 
  House. Manual Sec. 26; see Office of the Speaker. 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. Rule II clause 1; 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. 668. The Doorkeeper of the House, formerly an elected officer of 
  the House, was not reestablished when the rules were adopted for the 
  104th Congress. The responsibilities of that position were transferred 
  to the Sergeant-at-Arms. Manual Sec. 664.

[[Page 646]]

      Other offices established in the rules of the House or by statute 
  are occupied by appointed officers. Rule II contains authority for an 
  Office of General Counsel (clause 8), Historian (clause 7), and 
  Inspector General (clause 6). The duties and appointing authority for 
  the positions of Legislative Counsel, Law Revision Counsel, and 
  Parliamentarian are carried in law. See Manual Sec. Sec. 1118, 1120, 
  1122.

                                 The Clerk

      The Clerk has specific responsibilities spelled out in House 
  rules, in statute, or as delegated to him by the House. He presides 
  when a new Congress convenes. Rule II clause 2; Manual Sec. Sec. 641-
  645. He has duties related to the conduct of House business. For 
  example, he is responsible for processing bills, preparing the 
  Journal, taking and tallying votes, and receiving messages from the 
  President and the Senate when the House is not in session. Manual 
  Sec. Sec. 642, 647, 648, 652. To assist the House in its consideration 
  of measures, the Clerk reads bills and motions (Manual Sec. Sec. 428, 
  904), reads names alphabetically during the taking of certain votes 
  and elections (Manual Sec. 1015), notes all questions of order and 
  decisions thereon and places them in the Journal (Manual Sec. 647), 
  reports disorderly words of a Member who has been called to order 
  (Manual Sec. 960), certifies to the passage of all bills and 
  resolutions (Manual Sec. 648), makes corrections during engrossment 
  (Manual Sec. 479), presents enrolled bills to the Speaker for 
  signature and transmittal to the Senate (Manual Sec. 575), and 
  presents enrolled bills to the President (Manual Sec. 648).
      The Clerk also calls various calendars at the direction of the 
  Speaker (Manual Sec. 898), receives petitions and private bills 
  (Manual Sec. 818), disseminates copies of amendments offered in the 
  Committee of the Whole (Manual Sec. 978), and provides a place where 
  Members may sign discharge petitions (Manual Sec. 892). The Clerk also 
  supervises the official reporters of the House, subject to the 
  direction and control of the Speaker. Manual Sec. 685.
      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. 651. The 
  designation may provide that such authorization is to remain in effect 
  until revoked. 91-1, Oct. 29, 1969, p 32076. The designation is laid 
  before the House by the Speaker. Deschler Ch 6 Sec. 18.18.

[[Page 647]]

                             Sergeant-at-Arms

      The duties of the Sergeant-at-Arms on the floor are prescribed by 
  House rules and by statute. Rule II clause 3; 2 USC Sec. 78; Manual 
  Sec. Sec. 656-660. Under these provisions the Sergeant-at-Arms 
  maintains order and executes arrest warrants for persons cited for 
  contempt of the House or of 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. 962), 
  appoints officers to send for and arrest absent Members when so 
  ordered by the Speaker or the House under rule XX clause 5 or 6 
  (Manual Sec. Sec. 1021-1025), and brings absent Members before the 
  House (Manual Sec. 1026).

                       Chief Administrative Officer

      The Chief Administrative Officer of the House has the operational 
  and financial responsibility for functions assigned to him by the 
  Committee on House Administration. He is subject to the oversight of 
  that committee and reports to it semiannually on the financial and 
  operational status of each function under his jurisdiction. Rule II 
  clause 4.

                               The Chaplain

      The Chaplain offers a prayer at commencement of each day's sitting 
  of the House. Rule II clause 5. The prayer, which does not require a 
  quorum, is offered daily, whether the House adjourned or recessed at 
  its previous sitting. Deschler Ch 6 Sec. Sec. 21.1, 21.2.
      There are often ``guest chaplains.'' The daily prayer has been 
  offered by visiting clergy of various denominations and nationalities. 
  Deschler Ch 6 Sec. 21.9. In the unexpected 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. 2 . Election and Oath

                                 Election

      The Clerk, Sergeant-at-Arms, Chief Administrative Officer, and 
  Chaplain are elected for each Congress by resolution. Deschler Ch 6 
  Sec. 16 (with forms). Before the House recodified its rules in the 
  106th Congress, the House was required under former rule II to elect 
  its Speaker and other officers by a viva voce vote following 
  nominations. 1 Hinds Sec. Sec. 204, 208. However, even then, the 
  officers mentioned in the rule, other than Speaker, were usually 
  chosen by resolution, which is not a viva voce election. 1 Hinds 
  Sec. Sec. 193, 194.

[[Page 648]]

      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 slates, which may 
  be offered by the caucus chairmen. Deschler Ch 6 Sec. 16. Such a 
  resolution is offered from the floor as privileged and may be divided 
  for a separate vote for the Chaplain, customarily an uncontested 
  office. Manual Sec. 640; Deschler Ch 6 Sec. 16.2.

                                   Oath

      Each elected officer of the House takes the oath prescribed by 
  law, which is administered by the Speaker. 5 USC Sec. 3331 (with 
  form); 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. Generally an officer appointed to fill the 
  vacancy of an elected officer 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. The oath has been administered 
  to an officer-elect before the effective date of his election. 92-2, 
  June 26, 1972, p 22387; generally, see Oaths.


  Sec. 3 . Removal From Office

      Both the Speaker and the House have the authority to remove the 
  Clerk, Sergeant-at-Arms, or Chief Administrative Officer. Rule II 
  clause 1; Manual Sec. 640. An officer of the House may be removed from 
  office pursuant to the adoption of a simple resolution, which may be 
  offered as a matter of privilege. 1 Hinds Sec. Sec. 284, 288-290; 6 
  Cannon Sec. 35. For removal of the Speaker, see Office of the Speaker. 
  As a basis for removal of an officer, the House has considered 
  allegations as follows:

     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 or misappropriated House funds. 1 Hinds 
         Sec. Sec. 283, 287.
     That the Doorkeeper was guilty of misconduct or corruption in 
         office. 1 Hinds Sec. Sec. 288, 289.


  Sec. 4 . Vacancies

      The Speaker may make temporary appointments to fill vacancies in 
  the Offices of the Clerk, the Sergeant-at-Arms, the Chief 
  Administrative Officer, and the Chaplain. 2 USC Sec. 75a-1. Pursuant 
  to this authority, the Speaker has temporarily filled vacancies caused 
  by the death or resignation of an officer. See, e.g., Deschler Ch 6 
  Sec. 6.25. Such appointments are effective until such time as the 
  House acts by the adoption of a resolution to fill the va

[[Page 649]]

  cancy on a permanent basis. Such a resolution is presented as a 
  question of privilege if offered by direction of the majority party 
  caucus. Manual Sec. 701. The resignation of an elected officer of the 
  House is subject to acceptance by the House. Manual Sec. 640.


  Sec. 5 . Other Offices Established by Rule II

                        Office of Inspector General

      Under rule II clause 6, the Inspector General conducts audits of 
  the financial and administrative functions of the House. The Inspector 
  General is appointed by the Speaker, the Majority Leader, and the 
  Minority Leader, acting jointly, and is subject to the policy 
  direction and oversight of the Committee on House Administration. 
  Manual Sec. 667.

                         Office of General Counsel

      Under rule II clause 8 the General Counsel provides legal 
  assistance and representation to the House. The General Counsel is 
  appointed by the Speaker and functions under his direction. Manual 
  Sec. 670.
      The General Counsel is authorized by law to appear in any 
  proceeding before a State or Federal court (except the United States 
  Supreme Court) without compliance with admission requirements of such 
  court. 2 USC Sec. 130f(a). Furthermore, the law requires the Attorney 
  General to notify the General Counsel of a determination not to appeal 
  a court decision affecting the constitutionality of an Act. 2 USC 
  Sec. 130f(b).

                          Office of the Historian

      Under rule II clause 7 the Historian of the House of 
  Representatives is appointed by the Speaker. Manual Sec. 669.


  Sec. 6 . Offices Established by Law

                         General Accounting Office

      The preparation, utilization, and distribution (to committees and 
  Members) of reports by the General Accounting Office, and its 
  authority to assign its employees to duty with congressional 
  committees, are regulated by sections 231-236 of the Legislative 
  Reorganization Act of 1970. 31 USC Sec. 1172-1176.

                           Office of Compliance

      The Office of Compliance was established by the Congressional 
  Accountability Act of 1995. 2 USC Sec. 1381. The office is composed of 
  five individuals appointed jointly by the Speaker, the Majority Leader 
  of the Sen

[[Page 650]]

  ate, and the Minority Leaders of the House and the Senate. The office 
  has regulatory, enforcement, and educational responsibilities under 
  the Act. Section 1382 provides for a General Counsel to be appointed 
  by the Chair of the Compliance Board to exercise the authorities of 
  the Office of Compliance.

                       Office of Legislative Counsel

      The Office of the Legislative Counsel of the House of 
  Representatives evolved from a single Legislative Drafting Service 
  established for the Congress by the Act of February 24, 1919. 40 Stat. 
  1057, 1141. The currently applicable provisions of law setting forth 
  the purpose and functions of the office and providing for its 
  administration are contained in title V of the Legislative 
  Reorganization Act of 1970. 2 USC Sec. Sec. 281, 282. The purpose of 
  the office is to advise and assist the House, its committees, and its 
  Members in the achievement of a clear, faithful, and coherent 
  expression of legislative policies.

                        Congressional Budget Office

      The Congressional Budget Office was established by the 
  Congressional Budget Act of 1974. 2 USC Sec. 601. The office is headed 
  by a director appointed by the Speaker and the President pro tempore. 
  2 USC Sec. 601. The functions of the office include providing 
  assistance to the House and Senate Committees on the Budget and 
  Appropriations and the Senate Committee on Finance in the discharge of 
  matters within their jurisdictions and to other committees to assist 
  them in complying with the provisions of the Act. 2 USC Sec. 602.

                  The Office of the Law Revision Counsel

      The Office of the Law Revision Counsel was established by the 
  Committee Reform Amendments of 1974 to develop a codification of the 
  laws of the United States. 2 USC Sec. 285.

                       Office of the Parliamentarian

      A Parliamentarian has been appointed by the Speaker in every 
  Congress since 1927. Before 1927 the ``Clerk at the Speaker's Table'' 
  performed the function of the Parliamentarian. In the 95th Congress 
  the House formally and permanently established an Office of the 
  Parliamentarian to be managed, supervised, and administered by a 
  nonpartisan Parliamentarian appointed by the Speaker. 2 USC Sec. 287. 
  The compilation and preparation of the precedents of the House of 
  Representatives was authorized in the 93d Congress by the Committee 
  Reform Amendments of 1974. 2 USC Sec. 28a.

[[Page 651]]

   The printing and distribution of the precedents was also authorized 
  by law. 2 USC Sec. Sec. 28, 28b-e, 29.
      For a list of other House offices, commissions, and joint 
  entities, see Manual Sec. Sec. 1113-1125b.


  Sec. 7 . Service of Process

      Rule VIII governs the procedure for House response to a judicial 
  or administrative subpoena served on a Member, Delegate, Resident 
  Commissioner, officer, or employee of the House. Manual Sec. 697. 
  Examples of service of process on officers include those on the 
  Speaker, the Clerk, and the Sergeant-at-Arms. Deschler Ch 11 
  Sec. Sec. 16.2-16.4, 16.7-16.9, 16.11. Examples of service of process 
  on employees include those on current and former employees of a 
  committee, an employee of the House Republican Conference, and a 
  former employee of a former House select committee who was subpoenaed 
  to give a deposition about his recollection of certain executive 
  session transactions. 93-2, Sept. 30, 1974, p 33020; 94-1, Sept. 23, 
  1975, p 29824; 97-1, Jan. 22, 1981, pp 694, 695. For a discussion of 
  how an officer must comply with service of process under rule VIII, 
  see Questions of Privilege.
      Legal counsel, through the Department of Justice, is available to 
  an officer of the House (but not its Members) to defend the officer 
  against actions brought against him while he was discharging his 
  official duty or executing an order of the House. 2 USC Sec. 118. For 
  a discussion of this statutory procedure, as well as House 
  authorization by resolution for the appointment of legal counsel to 
  represent an officer, Member, or employee who has been served with 
  process, see Questions of Privilege. Legal counsel is also available 
  through the Office of General Counsel under rule II clause 8, which 
  provides legal assistance and representation to Members, committees, 
  officers, and employees in complying with legal process under rule 
  VIII. Sec. 5, supra.


[[Page 653]]

 
              CHAPTER 36 - ORDER OF BUSINESS; PRIVILEGED BUSINESS

                              HOUSE PRACTICE

              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 Sec. Sec. 3056-3152
          6 Cannon Sec. Sec. 708-757
          Deschler Ch 21 Sec. Sec. 1-8, 28-31
          Manual Sec. Sec. 869-901


                      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 XIV clause 1. 
  Manual Sec. 869. The order of business may be affected by rule XV, 
  Business in Order on Special Days, which includes: Suspensions (clause 
  1), the Discharge Calendar (clause 2), the Private Calendar (clause 
  5), the Corrections Calendar (clause 6), and Calendar Wednesday 
  (clause 7). Manual Sec. Sec. 885-900. The order of business specified 
  by rule XV may be varied by a special order of the House as described 
  in Consideration and Debate and Special Orders of Business.
      Although rule XIV 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 654]]

  rupted or even supplanted entirely for days at a time. See 
  Sec. Sec. 4-7, infra. Indeed, rule XIV clause 1 qualifies the daily 
  order of business with the following parenthetical: ``(unless varied 
  by the application of other rules and except for the disposition of 
  matters of higher precedence).'' Although privileged matters may 
  interrupt the order of business, procedural questions-- such as a vote 
  on adopting a special rule, a motion to resolve into the Committee of 
  the Whole, or the question of consideration--may precede their 
  consideration. This system enables the House to give precedence to its 
  most important business without losing the power by majority vote to 
  go to any other bills on its calendars. For a list of privileged 
  matters that may interrupt the order of business, see Manual 
  Sec. Sec. 870, 871.
      The order of business also may be affected by the Speaker's 
  discretionary authority to recognize Members on particular questions. 
  See Recognition.

                            Scheduling Business

      The business of the House is scheduled by the Speaker and the 
  Members who constitute the leadership of the majority party, acting in 
  concert with the leadership of each standing committee and the 
  majority members of the Committee on Rules. 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. Deschler Ch 
  21 Sec. 1.1. Such announcement is usually a response to a question 
  asked by the Minority Leader or his designee during a ``customarily 
  long one-minute speech'' at the end of the legislative week. 105-2, 
  Mar. 27, 1998, p ____.


  Sec. 2 . Sequence of Particular Business

      The general rule specifying the daily order of business is set 
  forth in rule XIV clause 1 as follows:

     First: Prayer by the Chaplain.
     Second: Reading and approval of the Journal, unless postponed 
         under rule XX clause 8.
     Third: The Pledge of Allegiance to the Flag.
     Fourth: Correction of reference of public bills.
     Fifth: Disposal of business on the Speaker's table as provided 
         in clause 2.
     Sixth: Unfinished business as provided in clause 3.
     Seventh: The morning hour for the consideration of bills 
         called up by committees as provided in clause 4.

[[Page 655]]

     Eighth: Motions that the House resolve into the Committee of 
         the Whole House on the state of the Union subject to clause 5.
     Ninth: Orders of the day.

      Ranked first in the daily order of business is the prayer. No 
  business is in order before the prayer, which is offered daily when 
  the House meets. Deschler Ch 21 Sec. 2.
      The next order of business is the approval of the Journal. Only 
  messages from the President or the Senate may be received and 
  questions of the privileges of the House raised before the approval of 
  the Journal. 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 XIV, 
  are sometimes entertained by unanimous consent following the Pledge of 
  Allegiance. Sec. 3, infra. It is then in order to offer motions or 
  unanimous-consent requests to correct the reference of public bills. 
  See Introduction and Reference of Bills.
      Rule XIV next provides for the disposal of business on the 
  Speaker's table. Under rule XIV clause 2, such business consists of 
  the referral of executive communications, messages from the President, 
  and messages from the Senate; motions to dispose of certain Senate 
  bills and resolutions; and motions to dispose of Senate amendments. 
  Manual Sec. 873. Messages from the President and messages from the 
  Senate are matters of privilege and may be received, laid before the 
  House, and disposed of whenever 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 XIV, 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 and ``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 Orders of Business.
      An order of business resolution reported from the Committee on 
  Rules, permitting the Speaker to declare that the House resolve into 
  the Committee of the Whole to consider a particular bill, gives 
  precedence to such declaration when no other business is pending. Rule 
  XVIII clause 2(b). Under rule XVIII clause 4, the motion to resolve 
  into the Committee of the Whole is privileged for consideration of 
  general appropriation bills. The motion to resolve into the Committee 
  of the Whole may also be made privileged by the provisions of a 
  statute. Deschler Ch 21 Sec. 30.8.

[[Page 656]]

      As to when particular matters are in order, see Appropriations; 
  Calendars; Conferences Between the Houses; District of Columbia 
  Business; Private Calendar; Questions of Privilege; Quorums; 
  Resolutions of Inquiry; and Veto of Bills.


  Sec. 3 . The Daily Practice

      The sequence of events on the House floor on any given day may, 
  and usually does, vary from the order prescribed by rule XIV clause 1. 
  Certain customs and norms have developed over recent years that 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 ``morning-hour'' 
  debate 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, and the Pledge of 
  Allegiance all occur in sequence, 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-minute speeches, and throughout 
  the legislative day, the Chair lays down messages received from the 
  President or the Senate. The Chair also makes announcements concerning 
  appointments or informing the House of communications addressed to him 
  in his official capacity.
      Following one-minute speeches, the House normally proceeds 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 by an order previously adopted by the House 
  either by unanimous consent or motion to suspend the rules.
      Once this business is reached, the prescribed order is still 
  subject to some flexibility. Certain record votes may be postponed or 
  ``clustered'' to occur in sequence, pursuant to the Speaker's 
  authority under rule XX clause 8.
      When scheduled business has been completed, it is again customary 
  for Members to be given an opportunity to address the House on other 
  subjects.

[[Page 657]]

   Special-order speeches may be granted, by unanimous consent for five 
  minutes or by designation of party leaders for up to one hour a 
  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.


                          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 that can 
  supersede or interrupt other matters that might otherwise be called up 
  or be pending before the House. Manual Sec. Sec. 853-856, 870, 871.
      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, to the integrity of its proceedings, or to the rights or 
  reputation of its Members under rule IX. 3 Hinds Sec. Sec. 2654, 2718; 
  see Questions of Privilege.
      Privilege may derive from language used in the Constitution, from 
  the rules and practices of the House, and from statutes enacted 
  pursuant to the legislative rulemaking power. For example, 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 exclusive 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 a 
  committee investigating charges of impeachment, are highly privileged. 
  See Impeachment. Similarly, since article VI, clause 3 of the 
  Constitution 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 that may interrupt other business. See Oaths.
      Certain propositions are privileged for consideration because of 
  indirect constitutional mandate. Examples include concurrent 
  resolutions for adjournment sine die or to a day certain and motions 
  incident to establishing a quorum, which are discussed in Adjournment 
  and Quorums. However, privilege is not conferred merely because the 
  question is one committed to the House under the Constitution. Manual 
  Sec. 702. For example, a resolution to confirm the nomination of the 
  Vice President, a duty committed to the

[[Page 658]]

  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, resolutions, and motions are 
  privileged under the House rules. Some committees are given the power 
  to report to the House at any time on certain subjects. See 
  Committees. Certain kinds of reports by a committee are privileged, 
  including reports on the contempt of witnesses and on resolutions of 
  inquiry, which are discussed in Contempt and 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 with the 
  Clerk while the House is not in session, or a committee may file with 
  the Clerk without unanimous consent after the time for compiling views 
  has expired. Rule XIII clause 2(c); 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, which 
  permit the daily order of business to be interrupted or even 
  supplanted entirely for days at a time. Among the privileged matters 
  that may interrupt the order of business are:

     General appropriation bills. Rule XIII clause 5.
     Conference reports. Rule XXII clause 7.
     Motions to request or agree to a conference. Rule XXII clause 
         1.
     Special orders reported by the Committee on Rules. Rule XIII 
         clause 5.
     Consideration of amendments between the Houses after 
         disagreement. Rule XXII clause 4.
     Questions of privilege. Rule IX; see Questions of Privilege.
     Bills coming over from a previous day with the previous 
         question ordered. 5 Hinds Sec. Sec. 5510-5517.
     Bills returned with the objections of the President. 4 Hinds 
         Sec. Sec. 3534-3536.

      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. Rule XV clause 1. The second and fourth Mondays of the month 
  are set apart for District of Columbia business. Rule XV clause 4. 
  Bills on the Private

[[Page 659]]

  Calendar are called on the first Tuesday of the month and also on the 
  third Tuesday if directed by the Speaker. Rule XV clause 5. The 
  Speaker has the discretion to dispense with the call of the Private 
  Calendar on the third Tuesday. Manual Sec. 897. The Speaker has 
  discretion to direct the call of Corrections Calendar bills on the 
  second and fourth Tuesdays of the month. Rule XV clause 6.
      Other classes of business not only are given a prescribed day but 
  also are keyed to a specific reference in the order of business 
  prescribed in rule XIV clause 1. For example, motions to discharge, 
  when perfected and otherwise eligible, can be called up after the 
  approval of the Journal. Rule XV clause 2. District of Columbia 
  business is given a position following ``disposal of such business on 
  the Speaker's table as requires reference only.'' Rule XV clause 4. 
  Both the provisions that designate a day for the class of business, 
  and those that give the class a specified place in the order of 
  business, can be changed by the House by adoption of a special order 
  from the Committee on Rules, a unanimous-consent agreement, or a 
  motion to suspend the rules.
      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 consideration as privileged business only 
  after the report has been filed and is in compliance with the three-
  day and two-hour availability requirements of rule XXII clause 8. See 
  Conferences Between the Houses.
      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 House rules that give the matter precedence and on prior 
  rulings of the Chair that may predetermine his choice. For a 
  compilation of such rulings, see Deschler Ch 21 Sec. 31. 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. Also, the priority of 
  propositions of 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 include the motion 
  to suspend the rules, which may be used to change the order of 
  business as well as to adopt a measure, and the motion to dispense 
  with Calendar Wednesday. See Sus

[[Page 660]]

  pension of Rules and 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.
      When called up pursuant to the provisions of the discharge rule 
  under rule XV clause 2(d), a motion to discharge a committee 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.
      If authorized by the committee (or committees) with jurisdiction 
  over the bill, a motion to send a matter to conference is privileged 
  under rule XXII clause 1. Manual Sec. 1069. 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. Manual Sec. 1070. A motion to 
  discharge or instruct conferees is privileged under rule XXII clause 
  7(c). See Conferences Between the Houses.
      For a discussion of precedence of secondary motions, see 
  Amendments; Lay on the Table; Postponement; Previous Question; 
  Reconsideration; and Refer and Recommit.


[[Page 661]]

 
              CHAPTER 37 - POINTS OF ORDER; PARLIAMENTARY INQUIRIES

                              HOUSE PRACTICE

              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
  Sec. 14. Subjects of Inquiry
  Sec. 15. Timeliness of Inquiry
  Sec. 16. As Related to Other Business
        Research References
          5 Hinds Sec. Sec. 6863-6975
          8 Cannon Sec. Sec. 3427-3458
          Deschler-Brown Ch 31 Sec. Sec. 14, 15
          Manual Sec. Sec. 627-629, 641, 971

                            A. Points of Order


  Sec. 1 . In General; Form

                                 Generally

      A point of order is an objection that the pending matter or 
  proceeding is in violation of a rule of the House. For a discussion of 
  grounds for points

[[Page 662]]

  of order, see Sec. 7, infra. Any Member, Delegate, or the Resident 
  Commissioner may make a point of order. 6 Cannon Sec. 240. There have 
  been rare instances in which the Speaker has insisted that a point of 
  order be reduced to writing. 5 Hinds Sec. 6865. However, the customary 
  practice is for the Member to rise and address the Chair as follows:

      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. A Member 
  should state a point of order explicitly, identifying the 
  objectionable language. Deschler-Brown Ch 31 Sec. Sec. 2.2, 2.3. On 
  occasion, a Member has incorrectly demanded the ``regular order,'' 
  rather than make a point of order to assert, for example, that remarks 
  are not confined to the question under debate. In such a case, the 
  Chair may treat the demand as a point of order and rule thereon. 
  Manual Sec. 628.
      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. Deschler-Brown Ch 31 Sec. 7.3.

                                  Effect

      Where a point of order against the consideration of a bill is 
  sustained, the bill is recommitted to the reporting committee or to 
  its place on the appropriate calendar. See, e.g., Manual Sec. 841. 
  However, if the defect were a technical error in the report, the 
  measure could be returned to the calendar by the filing of a 
  supplemental report pursuant to rule XIII clause 3(a)(2). Manual 
  Sec. 838; 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. 4 Hinds Sec. 4382.
      If, during the consideration of a bill, a Member raises a point of 
  order against certain language in a pending measure and the Chair 
  sustains the point of order, the language is automatically stricken 
  from the measure. 7 Cannon Sec. 2148.
      Under the former practice it was necessary for a Member on the 
  floor to reserve points of order against appropriation bills before 
  resolving into the Committee of the Whole, but this practice was 
  eliminated in 1995 when the House adopted rule XXI clause 1. Under 
  clause 1, points of order on general appropriation bills are 
  ``considered as reserved,'' which permits the Committee to remove 
  language in a bill referred to it by the House that violates House 
  rules. Manual Sec. 1035.

[[Page 663]]

      A point of order against any part of an amendment, if sustained, 
  is sufficient to invalidate the entire amendment. 5 Hinds Sec. 5784. A 
  point of order may be directed against an entire section or paragraph 
  of a bill (depending on whether the bill is read by paragraph or by 
  section). It also may be precisely aimed at a subpart thereof. 
  However, the entire section or paragraph is vulnerable; and if a point 
  of order is sustained against a portion of a pending provision, the 
  entire provision may be ruled out of order unless prevented by a 
  special order. 5 Hinds Sec. 6883; Deschler-Brown Ch 31 Sec. Sec. 1.24, 
  1.25. The stricken provision's headings and subheadings are likewise 
  eliminated. 8 Cannon Sec. 2353. Provisions ruled out on points of 
  order in the Committee of the Whole are not reported to the House. 4 
  Hinds Sec. 4906; 8 Cannon Sec. 2428.

                         Multiple Points of Order

      The Chair may entertain simultaneously more than one point of 
  order against a paragraph. Deschler-Brown Ch 31 Sec. 1.8. 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 procedure allows the Chair to rule separately on each 
  point of order in such order as he determines, or to permit the Chair 
  to sustain one valid point of order without reaching the others. 
  Deschler-Brown Ch 31 Sec. 4.18. 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. Deschler-Brown Ch 31 Sec. 1.12. 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. Manual Sec. 628.

                             Cross References

      Points of order based on particular rules or against particular 
  propositions are addressed elsewhere in many other chapters in this 
  work, such as Amendments; Appropriations; Consideration and Debate; 
  and Germaneness of Amendments.


  Sec. 2 . Role of the Chair

                                 Generally

      Under rule I clause 5, the Speaker decides ``all questions of 
  order, subject to appeal by a Member, Delegate, or Resident 
  Commissioner.'' Manual

[[Page 664]]

  Sec. 627. 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 most questions of order independently of the Speaker. 
  5 Hinds Sec. Sec. 6927, 6928. At the organization of a new Congress, 
  before the election of a Speaker, questions of order are decided by 
  the Clerk. Rule II clause 2(a); 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. Deschler-Brown Ch 31 
  Sec. 6.11. 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. Deschler-
  Brown Ch 31 Sec. 1.6. It is not the duty of the Speaker to decide any 
  question that is not directly presented in the course of the 
  proceedings of the House. 2 Hinds Sec. 1314; see Consideration and 
  Debate. However, it is the duty of the Chair to initiate the call to 
  order of a Member who engages in improper references to the actions of 
  the Senate, its Members, or its committees, or to the President. 
  Manual Sec. Sec. 374, 961.
      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 
  Sec. Sec. 2174, 2396. In reaching a decision on a point of order, the 
  Chair may hear argument. Manual Sec. 628.
      Only on rare occasions has the Speaker submitted a question to the 
  House itself for a decision, preferring to rule subject to appeal by 
  any Member under rule I clause 5. Manual Sec. 628; 4 Hinds 
  Sec. Sec. 3282, 4930; 5 Hinds Sec. 5323.
      Where the House has adopted an order 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 
  unambiguous language of the rule, rather than by the intention of the 
  Committee on Rules, in ruling whether a specific amendment is in the 
  permitted class. Manual Sec. 628. The Member offering an amendment in 
  the Committee of the Whole pursuant to a special order of the House 
  has the burden of proving that it meets the description of the 
  amendment made in order. The Chair has advised the Committee that an 
  amendment made in order was described by subject matter rather than by 
  prescribed text and that the pending amendment fit such description. 
  Manual Sec. 993.
      The Chair may consider argument on the meaning of an amendment in 
  resolving any ambiguity in the language of the amendment when ruling 
  on a point of order against it. Deschler-Brown Ch 31 Sec. 8.9.

[[Page 665]]

                 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 known in the courts as stare decisis, 
  under which a judge looks to earlier cases involving the same question 
  of law. In the same way, the House adheres to settled rulings and will 
  not lightly disturb rationales that have been established by prior 
  decision of the Chair. 2 Hinds Sec. 1317; 6 Cannon Sec. 248. However, 
  although 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 Sec. Sec. 2794, 3435. Indeed, the Chair may after 
  further argument reverse his own ruling on a point of order, for 
  example, where existing law not previously called to the Chair's 
  attention would justify the opposite ruling. 8 Cannon Sec. 3435; 
  Deschler-Brown Ch 31 Sec. 1.5. The authoritative sources for proper 
  interpretations of the rules are statements made directly from the 
  Chair and not comments made by the Speaker in other contexts. Manual 
  Sec. 628.


  Sec. 3 . Reserving Points of Order

                                 Generally

      With certain exceptions, a point of order against a proposition 
  may be held untimely if it is not made until after debate on the 
  proposition has begun. Sec. 4, infra. It is therefore not an uncommon 
  practice for a Member to reserve a point of order against an amendment 
  and then, after debate on the amendment, either press or withdraw the 
  point of order. 8 Cannon Sec. 3430. 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. Deschler-Brown Ch 31 Sec. 3.16. A Member wishing to 
  reserve a point of order must rise and address the Chair. The Member 
  may not reserve a point of order merely 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. Deschler-Brown 
  Ch 31 Sec. 3.8. However, merely reserving the ``right to object'' to 
  engage in a colloquy before making a point of order does not 
  constitute the reservation of a point of order. 92-2, Apr. 18, 1972, p 
  13114.

[[Page 666]]

                           Effect of Withdrawal

      The reservation of a point of order being withdrawn, another 
  Member may immediately renew it or press a point of order. Deschler-
  Brown Ch 31 Sec. Sec. 3.21-3.23. Withdrawal of points of order 
  generally, see Sec. 11, infra.


  Sec. 4 . Time to Raise Points of Order

                                 Generally

      Unless otherwise provided by the rules of the House, 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 principle is applied to points of order against 
  bills and resolutions as well as to points of order against various 
  motions, such as the motion to recommit. A point of order against a 
  motion to recommit a bill must be made after the motion is read and 
  comes too late after there has been debate thereon. Deschler-Brown Ch 
  31 Sec. 4.25. A point of order against a report involving the 
  privileges of the House is properly raised after the report is read. 
  Deschler-Brown Ch 31 Sec. 4.5.
      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 rule XXI clause 4, which prohibits the inclusion 
  of appropriations in a bill reported by a legislative committee. 
  Manual Sec. 1065. A point of order may likewise be raised ``at any 
  time'' under rule XXI clause 5(a), which prohibits inclusion of a tax 
  or tariff measure in a bill or joint resolution reported by a 
  committee that does not have jurisdiction over such measure. Manual 
  Sec. 1066. Such a point of order may be directed against language in a 
  bill or against an amendment containing such language. In the former 
  case, the point of order should be raised during the reading for 
  amendment under the five-minute rule. Deschler Ch 25 Sec. 12.14. In 
  the latter case, the point of order should be raised before 
  disposition of the amendment. Deschler-Brown Ch 31 Sec. 5.29.

                       Effect of Intervening Debate

      A point of order against a proposition ordinarily will be ruled 
  out as untimely if debate on the merits of the proposition already has 
  begun. 5 Hinds Sec. Sec. 6891-6901; 8 Cannon Sec. 3440. However, the 
  Chair will not permit brief debate to preclude a point of order by a 
  Member who had diligently sought recognition for that purpose. 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. Deschler-Brown Ch 31 Sec. 6.39. In

[[Page 667]]

  deed, 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. Deschler-Brown Ch 29 Sec. 20.33. However, 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 relevant language was read for amendment. Deschler-Brown Ch 31 
  Sec. 5.25.

                     Effect of Intervening Amendments

      A point of order against a proposition ordinarily is untimely if 
  raised after an amendment to the proposition has been offered. 5 Hinds 
  Sec. Sec. 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 before the Chair recognizes Members to offer amendments. 
  Deschler-Brown Ch 31 Sec. 5.1. If a bill is considered read and open 
  to amendment at any point by unanimous consent, points of order should 
  be stated before any amendments are offered. Deschler-Brown Ch 31 
  Sec. 5.5.
      Although the reservation of a point of order by one Member inures 
  to all Members who may then make the point of order when recognized 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 a further reservation comes too late after there has 
  been subsequent debate. Deschler-Brown Ch 31 Sec. 3.24.


  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 or declaration to resolve into the Committee of the Whole, 
  whichever procedure represents initial consideration of the measure. 8 
  Cannon Sec. 2252. 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. 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. Deschler-Brown Ch 31 Sec. 4.6.
      Although uncommon, a point of order challenging, for example, the 
  privileged status of a resolution may be raised when the resolution is 
  called up and before it is read. Deschler-Brown Ch 31 Sec. 4.1. 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. A point of order

[[Page 668]]

  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. Deschler-Brown Ch 31 Sec. 4.4.


  Sec. 6 . -- Against Amendments

      A point of order is properly made or reserved immediately after 
  the reading of an amendment or following agreement to a unanimous-
  consent request that an amendment be considered as read. Deschler-
  Brown Ch 31 Sec. 6.5. It should be disposed of before amendments to 
  that amendment are offered. Deschler-Brown Ch 31 Sec. 6.14. Once the 
  amendment is agreed to in the Committee of the Whole 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. Generally, see 
  Amendments.


  Sec. 7 . Application to Particular Questions; Grounds

      A point of order ordinarily must be based on an objection that the 
  pending matter or proceeding is in violation of some rule of the 
  House. The Chair will ascertain and identify the particular rule being 
  invoked when ruling on a point of order. 98-2, Oct. 2, 1984, p 28522.
      Although questions of order arising under the rules are determined 
  by the Chair, the Chair does not:

     Recognize for requests to suspend the rule governing 
         admissions to the floor. Rule IV clause 1; 5 Hinds Sec. 7285.
     Rule on the sufficiency of committee reports or legal effect 
         of language therein. Deschler Ch 19 Sec. 7.17.
     Rule on questions of constitutionality, including the 
         constitutional powers of the House. Manual Sec. 628; 2 Hinds 
         Sec. Sec. 1255, 1318-1320; 8 Cannon Sec. Sec. 2225, 3031, 3071, 
         3427; Deschler Ch 19 Sec. Sec. 7.1-7.3, 8.10.
     Pass on the merits of a legislative proposition. Deschler Ch 
         19 Sec. 7.4.
     Rule on the consistency of amendments or other proposed 
         actions of the House. 2 Hinds Sec. Sec. 1327-1336; 8 Cannon 
         Sec. Sec. 3237, 3458; Deschler Ch 19 Sec. Sec. 7.5, 8.6-8.9.
     Construe the legislative or legal effect of a proposition. 
         Manual Sec. 628; 8 Cannon Sec. Sec. 2280, 2841; Deschler Ch 19 
         Sec. 7.16.
     Construe the general meaning or effect of an amendment or rule 
         on whether it is ambiguous. Deschler Ch 19 Sec. Sec. 8.1-8.5.
     Rule on hypothetical questions. 6 Cannon Sec. Sec. 249, 253; 
         Deschler Ch 19 Sec. Sec. 7.6-7.8.
     Rule on the propriety or expediency of a proposed course of 
         action. 2 Hinds Sec. Sec. 1275, 1337.
     Consider contingencies that may arise in the future. 7 Cannon 
         Sec. 1409.

[[Page 669]]

     Interpret a special order before it is adopted by the House. 
         Manual Sec. 628.
     Determine issues not presented in a point of order. Deschler 
         Ch 19 Sec. 6.1.
     Construe the result of a vote. Deschler Ch 6 Sec. 4.28.
     Interpret the rules or procedures of the Senate. Deschler Ch 
         19 Sec. 7.19.

      The Speaker, and not the Chairman of the Committee of the Whole, 
  rules on the propriety of amendments included in a motion to recommit 
  with instructions. Deschler-Brown Ch 31 Sec. 1.46


  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 takes precedence over a parliamentary 
  inquiry, and the deferral of a parliamentary inquiry gives no priority 
  for that purpose, since recognition is in the discretion of the Chair. 
  Deschler-Brown Ch 31 Sec. 11.4.
      An amendment may not be offered to a proposition against which a 
  point of order is pending. 8 Cannon Sec. 2824. The previous question 
  may not be demanded on a proposition until the point of order is 
  resolved. 8 Cannon Sec. Sec. 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 Sec. Sec. 3446-3448. Members seeking 
  to be heard must address the Chair separately and may not engage in 
  ``colloquies'' on the point of order. Deschler-Brown Ch 31 Sec. 7.17. 
  The time 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 that he can reserve or yield. 5 
  Hinds Sec. 6919. Where a point of order is conceded by the manager of 
  the bill, the Chair may sustain the point of order without debate. 
  Deschler-Brown Ch 31 Sec. 7.20.

                              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. Manual Sec. 628.

[[Page 670]]

      The Chair will not entertain unanimous-consent requests to permit 
  Members to revise and extend their remarks on points of order. 
  Deschler-Brown Ch 31 Sec. 7.21. However, by unanimous consent, a 
  Member may be allowed to revise and extend his remarks to follow the 
  ruling on the point of order. Manual Sec. 628.

                              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 grounds that it 
  is not germane or that it proposes an unauthorized appropriation. 7 
  Cannon Sec. 1179; 8 Cannon Sec. 2995. Under House practice, those 
  defending an item in an appropriation bill have the burden of showing 
  the law authorizing it. 4 Hinds Sec. 3597; 7 Cannon Sec. Sec. 1179, 
  1276; 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 managers of the bill as proponents of 
  the language. Deschler Ch 26 Sec. 9.4. Similarly, the proponent of an 
  amendment carries the burden of proving that the amendment does not 
  increase levels of budget authority or outlays within the meaning of 
  clause 2(f) of rule XXI. 107-1, Oct. 11, 2001, p ____.
      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(e)--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 is effectively waived when it is not timely 
  raised. Where a motion that 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. Deschler Ch 11 Sec. 3.2. Points of order may be waived by 
  unanimous consent, by special rule, or by consideration of a measure 
  under suspension of the rules. Deschler-Brown Ch 31 Sec. 9.

                              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 or amendments to be offered thereto. 7 Cannon Sec. 769. A 
  resolution waiving points of order

[[Page 671]]

  against a certain provision in a bill has been agreed to by the House, 
  even after general debate on the bill has concluded and reading for 
  amendment has begun. Deschler Ch 21 Sec. 23.29. Such waivers are not 
  implied merely by 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 
  against consideration of a measure or against its provisions, or it 
  may be so drafted as to constitute a blanket waiver of all points of 
  order. 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 provisions of the bill 
  and not to amendments. Deschler-Brown Ch 31 Sec. 9.10. A special order 
  providing for consideration of a measure may waive all points of order 
  against provisions of the bill except specified text. Such a special 
  order may include language to prevent a point of order against the 
  vulnerable text from being applied to the remainder of a paragraph or 
  section. See, e.g., 107-1, H. Res. 192, July 17, 2001, p ____.
      A special rule containing a waiver of section 425 of the 
  Congressional Budget Act (unfunded intergovernmental mandates) is 
  subject to a point of order under section 426 of that Act.
      For further discussion, see Special Orders of Business. 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. 8 Cannon Sec. 3430. Once withdrawn, the point of order may 
  immediately be renewed by another Member. 5 Hinds Sec. Sec. 6875, 
  6906; 8 Cannon Sec. Sec. 3429, 3430. As a rule, a point of order must 
  be pressed, or further reserved, 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, or continue to 
  reserve, his point of order, and further debate has intervened. 
  Deschler-Brown Ch 31 Sec. 3.14.


  Sec. 12 . Appeals

      Under rule I clause 5, a ruling of the Chair on a point of order 
  may be subject to challenge through an appeal by a Member. Manual 
  Sec. Sec. 627, 629; 5 Hinds Sec. Sec. 6938, 6939. An appeal also may 
  be taken from the ruling of the Chairman of the Committee of the Whole 
  on a point of order. Deschler-Brown Ch 31 Sec. 13.3. However, a 
  decision on a question of order is not subject to an appeal if the 
  decision falls within the discretionary authority

[[Page 672]]

  of the Chair. For a complete discussion of appeals from rulings of the 
  Chair, see Appeals.


                        B. Parliamentary Inquiries


  Sec. 13 . In General

      Recognition of Members for the purpose of propounding 
  parliamentary inquiries is within the discretion of the Chair. 6 
  Cannon Sec. 541. 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. Deschler-Brown 
  Ch 31 Sec. 14.14. The Chair may delay his response to a parliamentary 
  inquiry pending examination of relevant House precedents. 8 Cannon 
  Sec. 2174. 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, especially when the inquiry 
  does not relate to the pending proceedings of the House. Manual 
  Sec. 628; 8 Cannon Sec. 2174.
      The Chair may clarify a prior response to a parliamentary inquiry. 
  Manual Sec. 628.


  Sec. 14 . Subjects of Inquiry

                        Proper Subjects of Inquiry

      The Chair responds to parliamentary inquiries relating in a 
  practical sense to the pending proceedings, such as inquiries relating 
  to the application of the rules and precedents to a pending or 
  otherwise pertinent situation. The Chair has entertained parliamentary 
  inquiries concerning the following:

     The anticipated order of business. Deschler-Brown Ch 31 
         Sec. 14.7.
     The status of the Clerk's progress in reading a document. 
         Deschler-Brown Ch 31 Sec. 14.12.
     The Speaker's authority as presiding officer. Deschler-Brown 
         Ch 29 Sec. 2.1.

                       Improper Subjects of Inquiry

      The Chair may decline to entertain an inquiry on a subject not 
  relevant to the pending question. Under this principle, the Chair has 
  declined to respond to hypothetical questions, to questions not yet 
  presented, and to requests to place pending proceedings in a 
  historical context. Manual Sec. 628. The Chair has declined, for 
  example, to anticipate whether language in a measure would trigger 
  certain executive actions or to allocate debate time on a conference 
  report not yet filed. Similarly, the Chair has declined to

[[Page 673]]

  anticipate the precedential effect of a ruling or to respond to 
  rhetorical or political characterizations of pending business.
      A proper parliamentary inquiry relates to an interpretation of a 
  House rule, not to an interpretation of a statute or of the 
  Constitution. Manual Sec. 628. 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.
      In response to a parliamentary inquiry, the Chair has declined to:

     Judge the propriety of words spoken in debate pending a demand 
         that those words be ``taken down'' as unparliamentary or judge 
         the veracity of remarks in debate, or the propriety of words 
         uttered earlier in debate.
     Reexamine and explain the validity of a prior ruling.
     Judge the accuracy of the content of an exhibit.
     Indicate which side of the aisle has failed under the 
         Speaker's guidelines to clear a unanimous-consent request.
     Judge the construction or meaning of an amendment, which is a 
         matter for the House, and not the Chair, to determine.
     Characterize an amendment on which a separate vote has been 
         demanded.

  Manual Sec. 628.

                         As to Orders of the House

      The Chair ordinarily will not interpret a pending special order of 
  business prior to its adoption or render other advisory opinions. For 
  example, the Chair refused to respond to a parliamentary inquiry as to 
  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. Questions concerning informal guidelines of the 
  Committee on Rules for advance submission of amendments for possible 
  inclusion under a special rule may not be raised under the guise of a 
  parliamentary inquiry. Manual Sec. 628.


  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. Deschler-Brown Ch 31 Sec. 15.11.

                       Inquiries Raised During Votes

      During a vote, the Chair may refuse to entertain a parliamentary 
  inquiry that is not related to the vote, although he may entertain an 
  inquiry relating to the conduct of the call. Manual Sec. 628; 
  Deschler-Brown Ch 31 Sec. Sec. 15.14,

[[Page 674]]

  15.15. A parliamentary inquiry may not interrupt a division. However, 
  such inquiries are entertained until the Chair asks those in favor of 
  the proposition to rise. Deschler-Brown Ch 31 Sec. Sec. 15.19, 15.20. 
  Similarly, the Speaker may entertain a parliamentary inquiry after the 
  yeas and nays are ordered, but before the vote. Deschler-Brown Ch 31 
  Sec. 15.18.
      The Chair may decline to entertain a parliamentary inquiry as to 
  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 
  12482.


  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 Member is not entitled to a 
  parliamentary inquiry that would interrupt the reading of a paragraph 
  or section of the bill. 8 Cannon Sec. 2873.
      The reading of the Journal may be interrupted by a parliamentary 
  inquiry. 6 Cannon Sec. 624. Furthermore, the Speaker may entertain a 
  parliamentary inquiry relating to the order of business before the 
  approval of the Journal. Deschler-Brown Ch 31 Sec. 15.9.

                               During Debate

      A Member may not be taken from the floor by a parliamentary 
  inquiry. The Member controlling debate must yield for that purpose. 
  The Chair exercises his discretion in recognition for a parliamentary 
  inquiry only when no other Member is occupying the floor for debate. 
  Manual Sec. 628; Deschler-Brown Ch 31 Sec. Sec. 15.1, 15.2.
      Time consumed by a parliamentary inquiry is charged to the Member 
  controlling time who yields for that purpose. When the Chair 
  recognizes a Member for a parliamentary inquiry when no other Member 
  has the floor, the Member controlling debate is not charged for the 
  time so consumed. Deschler-Brown Ch 31 Sec. 15.4.


[[Page 675]]

 
                        CHAPTER 38 - POSTPONEMENT

                              HOUSE PRACTICE

  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 Sec. Sec. 5306-5318
          8 Cannon Sec. Sec. 2613-2617
          Deschler Ch 23
          Manual Sec. Sec. 443-453, 911, 915, 998, 1030

  Sec. 1 . Postponement Generally

                    Authority for Motion or Declaration

      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. Sec. 911, 915. A matter also may be postponed pursuant to 
  the provisions of a special order of business. Deschler Ch 23 
  Sec. 8.1. For example, a special order may order the previous question 
  to final passage without intervening motion but also permit the 
  Speaker to postpone further consideration within a specified time 
  notwithstanding the operation of the previous question. 107-2, H. Res. 
  574, Oct. 8, 2002, p ____. In some instances the postponement of the 
  consideration of a particular class of legislation has been recognized 
  in statutes that reserve to the Congress the right to review certain 
  executive branch actions. See Manual Sec. 1130; e.g., the Trade Act of 
  1974 (19 USC Sec. 2192). For postponement relating to voting, see 
  Voting.

                           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.

[[Page 676]]

   Both types of motions are provided for 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 motion may be made again on the 
  same day at the same stage of the question. Manual Sec. 911.
      The two motions are distinguishable in several respects:

     The motion to postpone to a day certain takes precedence over 
         various secondary motions in rule XVI 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. Manual Sec. 915; 
  Deschler Ch 23 Sec. 5. 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.
      Disposition of unfinished matters, see Unfinished Business.


  Sec. 2 . Motion to Postpone to a Day Certain

                               When in Order

      When a question is under debate, the motion to postpone to a 
  particular day is provided for by rule XVI clause 4. Manual 
  Sec. Sec. 911, 915. The motion is in order in the House and when the 
  House is sitting as in the Committee of the Whole. 95-1, Nov. 1, 1977, 
  p 36351. The motion is in order following the reading of the pending 
  proposition and may be offered before the manager of the proposition 
  has been recognized for debate. Deschler Ch 23 Sec. 6.2; Deschler-
  Brown Ch 29 Sec. 68.53. It is not in order after the previous question 
  has been ordered on the pending matter. 5 Hinds Sec. Sec. 5319-5321; 8 
  Cannon Sec. Sec. 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. It is not in order to move 
  to postpone consideration

[[Page 677]]

  of business to a day certain if that day is Calendar Wednesday, except 
  by unanimous consent. 7 Cannon Sec. 970; 8 Cannon Sec. 2614.

                                   Form

      Member: Mr. Speaker, I move that the [further] consideration of 
    __________ [the proposition] 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. Manual Sec. 914. The adoption of the motion to 
  table carries only the motion to postpone--not the underlying 
  measure--to the table. 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 that 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

      Rule XVI clause 4 lists the motion to postpone to a day certain 
  fourth among those motions available when a question is under debate. 
  It follows the motions to adjourn and to lay on the table and the 
  motion for the previous question, and thus the motion to postpone must 
  yield to these more preferential motions. 5 Hinds Sec. 5301; 8 Cannon 
  Sec. 2609. However, the motion to postpone to a day certain enjoys 
  precedence over the motions to refer, to amend, and to postpone 
  indefinitely. Manual Sec. 911; 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.

[[Page 678]]

  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.
     A veto message, notwithstanding the constitutional mandate 
         that the House ``shall proceed to reconsider'' a vetoed bill. 4 
         Hinds Sec. Sec. 3542-3547; 7 Cannon Sec. Sec. 1101, 1105, 1112; 
         Deschler Ch 23 Sec. 7.1.
     A resolution of disapproval under certain statutes. Deschler 
         Ch 23 Sec. 6.3.
     A resolution of censure reported from the Committee on 
         Standards of Official Conduct. Deschler-Brown Ch 29 Sec. 68.53.
     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 XV clause 2. 
         Deschler Ch 23 Sec. 6.4.
     A special rule from the Committee on Rules unless the previous 
         question is rejected. Manual Sec. 858; 5 Hinds Sec. 4958.

  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. It is debatable within narrow 
  limits. 5 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 Sec. Sec. 5310-5315; 8 Cannon Sec. 2372; 
  Deschler Ch 23 Sec. 5.
      In the House a motion to postpone to a day certain is debatable 
  for one hour controlled by the Member offering the motion. Deschler-
  Brown Ch 29 Sec. 68.56. He may move the previous question on the 
  motion and thereby terminate debate and preclude amendment. Deschler 
  Ch 23 Sec. 7.2. 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.

[[Page 679]]

  Sec. 6 . Motion to Postpone Indefinitely

                         Authorization and Effect

      The motion to postpone indefinitely is provided for by rule XVI 
  clause 4. Manual Sec. Sec. 911, 915. Adoption by the House of a motion 
  to postpone a measure indefinitely constitutes 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, a ruling that 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; 4 Hinds 
  Sec. 3548. However, the motion has been applied to various other 
  legislative propositions, including:

     A House bill with Senate amendment. 5 Hinds Sec. 6200.
     A Senate bill with House amendment. 5 Hinds Sec. 6199.
     A resolution of disapproval of executive actions under certain 
         statutes. Deschler Ch 23 Sec. 6.3.
     A resolution relating to the election of House officers. 5 
         Hinds Sec. 5318.

      The motion to postpone indefinitely must be applied to the entire 
  pending proposition and not merely to a part thereof. 5 Hinds 
  Sec. 5306.

                                   Form

      Member: Mr. Speaker, I move that the [further] consideration of 
    ________ be postponed indefinitely.


  Sec. 7 . -- Precedence; Application to Other Motions

      In 1822 the House amended rule XVI clause 4 to change the 
  precedence of the motion to postpone indefinitely from its former 
  place--immediately after the motion for the previous question--to the 
  end of the list, where it remains to this day. Manual Sec. 911. 
  Accordingly, the motion to postpone indefinitely enjoys no precedence 
  over the other secondary motions and must yield to the motions to 
  adjourn, to lay on the table, for the previous question, to postpone 
  to a day certain, to refer, and to amend. 5 Hinds Sec. 5301; Deschler 
  Ch 23 Sec. 8.1 (note). Because of its less preferential status, the 
  motion is seldom used in the modern practice. It has been held 
  specifically inapplicable to:

     A motion to refer. 5 Hinds Sec. 5317.
     A motion to suspend the rules. 5 Hinds Sec. 5322.

[[Page 680]]

     A motion to resolve into Committee of the Whole, except under 
         a statute providing for consideration of a resolution of 
         disapproval that specifically allows the motion to postpone. 
         Manual Sec. 915; 6 Cannon Sec. 726.
     A motion to discharge a committee under rule XV clause 2. 
         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). However, the motion is debatable, 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, e.g., the Trade Act of 1974, 
  Sec. 152(d)(3) (19 USC Sec. 2192(d)(3)). Notwithstanding such a 
  statute, the House may permit debate on the motion by unanimous 
  consent. 98-1, Aug. 1, 1983, pp 21899, 21900.


[[Page 681]]

 
                      CHAPTER 39 - PREVIOUS QUESTION

                              HOUSE PRACTICE

  Sec.  1. In General
  Sec.  2. Offering the Motion
  Sec.  3. -- When in Order; Quorum Requirements
  Sec.  4. -- Who May Offer
  Sec.  5. Precedence; Interruption 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 Operating
        Research References
          5 Hinds Sec. Sec. 5443-5520, 5569-5604
          8 Cannon Sec. Sec. 2661-2694
          Deschler Ch 23 Sec. Sec. 14-24
          Manual Sec. Sec. 461-463, 994-1002

  Sec. 1 . In General

                           Function and Purpose

      Rule XIX clause 1 provides for the motion for the previous 
  question. It is an essential motion in the House that is used during 
  the consideration of a matter to terminate debate, foreclose the 
  offering of amendments, and bring the House to an immediate vote on 
  the main question. Manual Sec. 994. It is the only motion used for 
  this purpose in the House. 5 Hinds Sec. 5456; 8 Cannon Sec. 2662.

[[Page 682]]

      The import of the previous question, in Jefferson's language, is 
  ``shall the main question be now put?'' Manual Sec. 452. If the House 
  disagrees to the motion, the main question is open to further 
  consideration and the right of recognition transfers to a Member who 
  opposed the motion. Sec. Sec. 15, 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 suppress a 
  question that the majority deemed undesirable for further discussion 
  or action. Manual Sec. Sec. 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.
      Early interpretations of the rule in the House were consistent 
  with its usage in the Continental Congress. However, in 1807, the 
  House overruled a holding by Speaker Varnum that the ordering of the 
  previous question precluded all debate on the main question. As a 
  result, debates became very lengthy. In 1811, the House reversed its 
  position by once again overruling Speaker Varnum to provide that there 
  could be no debate after the previous question was ordered, and this 
  decision was adhered to in subsequent rulings by the Speaker. 5 Hinds 
  Sec. 5445.
      To moderate the harsh effects of the rule, seen by some as a way 
  of suppressing a minority, the number required to order the previous 
  question was changed from one-fifth to a majority, 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. Sec. 5445, 6821. 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].

[[Page 683]]

      Speaker: The question is on ordering the previous question.

      The motion should precisely specify the scope that is intended. 
  However, where, during the consideration of a bill, a Member states 
  merely ``I move the previous question,'' without specifying 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 Sec. Sec. 2673, 2674. On the other 
  hand, during consideration of several motions (as in the consideration 
  of Senate amendments reported from conference in disagreement) a 
  simple motion for the previous question applies to the immediate 
  question only and does not include other pending questions. 8 Cannon 
  Sec. 2676. But see Deschler Ch 23 Sec. 14.2.
      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.

                          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:

      The previous question shall be considered as ordered on the bill 
    and on any amendment thereto to final passage without intervening 
    motion except: (1) one hour of debate on the bill equally divided 
    and controlled by the chairman and ranking minority member of the 
    Committee on House Administration; and (2) one motion to recommit 
    with or without instructions.

      When the House is operating under such a rule, the Chair states 
  that ``under the rule, the previous question is ordered,'' and a 
  motion for the previous question from the floor is unnecessary. 7 
  Cannon Sec. 776. Such a rule prohibits intervening motions, such as a 
  motion to adjourn. Manual Sec. 912.


  Sec. 3 . -- When in Order; Quorum Requirements

      The previous question is one of those motions that is in order 
  under rule XVI clause 4 ``when a question is under debate.'' As it is 
  considered a fundamental rule of parliamentary procedure, it also 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 and 
  in the House as in the Committee of the Whole. Manual Sec. 995; 5 
  Hinds Sec. 5456; 6 Cannon Sec. 639; 8 Cannon Sec. 2662; Deschler Ch 23 
  Sec. 14.10. The motion is not in order in the Committee of the Whole 
  but may be moved in

[[Page 684]]

  the House on an amendment reported from the Committee of the Whole. 4 
  Hinds Sec. 4716; Deschler Ch 23 Sec. Sec. 14.8, 14.9.
      The previous question is ordered by a majority of those voting, a 
  quorum being present. 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 pending measure has the prior right to 
  recognition and may move the previous question at any time during the 
  hour allotted to him and thereby cut off debate. 8 Cannon Sec. 3231. 
  The Member in charge may move the previous question when he regains 
  the floor after having yielded to another Member ``for debate only.'' 
  8 Cannon Sec. 2682. Other Members may not interpose the previous 
  question during such time as the Member in charge is holding the 
  floor, even though the Member in charge may not yet have begun his 
  remarks. Manual Sec. 997; 2 Hinds Sec. 1458. However, 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 moving the previous 
  question may be to deprive the Member in charge of control of the 
  measure. Manual Sec. 997; 5 Hinds Sec. 5476; 8 Cannon Sec. 2685.
      Where time for debate in the House is equally divided and 
  controlled by the majority and the minority, or between those in favor 
  and those opposed, or where a block of time for debate has been 
  yielded by the manager to be yielded in turn by another Member, the 
  previous question may not be moved until the other side has used or 
  yielded back its time. The Chair may vacate the ordering of the 
  previous question where it was improperly moved while the other side 
  was still controlling time. Manual Sec. 997.

                          Proponent of Amendment

      A Member managing consideration of a measure may offer an 
  amendment to the pending measure and move the previous question on the 
  amendment and on the pending measure. Manual Sec. 996. Although the 
  previous question takes precedence over a motion to amend, the 
  proponent of an amendment, having been recognized for debate after 
  offering the amendment, may not be taken from the floor by another 
  Member who seeks to move the previous question. Deschler Ch 23 
  Sec. 20.7; Sec. 6, infra. 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 offering a preferential motion to 
  dispose of a Senate amendment may not move the

[[Page 685]]

  previous question on that motion as against the right of the Member in 
  charge to the floor. 2 Hinds Sec. 1459.

                            Effect of Yielding

      A Member in charge of a pending measure may yield time to others 
  for debate only and still retain the right to resume debate or move 
  the previous question. 8 Cannon Sec. 3383. However, where the Member 
  in charge yields to another Member to offer an amendment to his 
  proposition, he loses the floor and the Member offering the amendment 
  is recognized for one hour and may move the previous question on the 
  amendment and on the measure itself. Deschler-Brown Ch 29 Sec. 33.9. 
  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. However, 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 Sec. Sec. 16.3-16.5.
      Under rule XVI clause 4, the motion for the previous question 
  takes precedence, and may be offered by any Member, over an amendment 
  offered by either the Member in charge of a pending measure or a 
  second Member who was yielded time by the Member in charge. Manual 
  Sec. 997; Deschler Ch 23 Sec. Sec. 14, 18.3.


  Sec. 5 . Precedence; Interruption of Other Matters

                                 Generally

      The motion for the previous question has the precedence given it 
  by rule XVI clause 4. The Chair, having recognized a Member in charge 
  of a bill for the motion for the previous question, may not recognize 
  another Member to rise to a question of personal privilege. Deschler 
  Ch 23 Sec. 17.2. However, a message from the Senate, the 
  administration of the oath, or the presentation of a conference report 
  is in order, notwithstanding that the previous question has been moved 
  or ordered on a pending proposition. 5 Hinds Sec. 6449; Deschler Ch 23 
  Sec. Sec. 19.3, 19.4.
      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 and is admitted at the Speaker's 
  discretion, not

[[Page 686]]

  withstanding the ordering of the previous question on a pending 
  measure. Manual Sec. 887; 5 Hinds Sec. Sec. 6827, 6831-6833; 8 Cannon 
  Sec. 3418.


  Sec. 6 . -- Precedence Over Other Motions

                                 Generally

      Under rule XVI clause 4, the motion for the previous question is 
  listed third in the order of precedence after the motions to adjourn 
  and to lay on the table. As such, the previous question has precedence 
  over the motions to postpone, to refer, or to amend. Manual Sec. 911; 
  5 Hinds Sec. 5301; Deschler Ch 23 Sec. 20.7. A Member making the 
  motion also has priority over another Member seeking recognition for 
  debate. Deschler Ch 23 Sec. 19.1.
      The Member in charge of a proposition and having the floor may 
  demand the previous question, notwithstanding that another Member 
  proposes a motion of higher privilege. However, the motion of higher 
  privilege must be put before the question is put on the previous 
  question. Manual Sec. 997; 5 Hinds Sec. 5480; 8 Cannon Sec. 2684; 
  Deschler Ch 23 Sec. 16.6. 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

      Under rule XVI clause 4, the motion to adjourn takes precedence 
  over the motion for the previous question. Manual Sec. 911. 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. Manual Sec. 1002; 4 Hinds Sec. Sec. 3211-
  3213.

                             Lay on the Table

      Under rule XVI clause 4, the motion to lay the pending proposition 
  on the table takes precedence over the motion for the previous 
  question. Manual Sec. 911; 8 Cannon Sec. Sec. 2658, 2660. However, the 
  motion to table may not be applied to the motion for the previous 
  question itself. 5 Hinds Sec. Sec. 5410, 5411. The motion to table is 
  not in order after the previous question is ordered, or even after the 
  yeas and nays are ordered on the demand for the previous question. 5 
  Hinds Sec. Sec. 5408, 5409, 5415-5422. A motion to table a motion to 
  recommit 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. Manual Sec. 1002a.
      Although 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 687]]

  for the previous question that 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 motion to recommit (or commit) specifically permits 
  the use of that motion after the previous question has been moved or 
  ordered. Manual Sec. 1001; see also Sec. 13, infra.

                             Motions to Amend

      The motion for the previous question takes precedence over the 
  motion to amend. Deschler Ch 23 Sec. 20.2. Thus, the motion for the 
  previous question takes precedence over an amendment to, for example, 
  a motion to recommit or a motion to instruct conferees. Deschler Ch 23 
  Sec. Sec. 20.4, 20.5. If the motion for the previous question is voted 
  down, the pending measure is subject to amendment. However, 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.
      A Member, having obtained the floor to offer a preferential motion 
  to dispose of a Senate amendment in disagreement with the Senate, may 
  not move the previous question on that preferential motion to the end 
  that the Member in charge of the pending proposition is denied 
  recognition for debate. Manual Sec. 997; 2 Hinds Sec. 1459.


  Sec. 7 . Scope of Motion; Application to Particular Propositions

                                 Generally

      Under rule XIX clause 1, ``the previous question may be moved and 
  ordered on a single question, on a series of questions allowable under 
  the rules, or on an amendment or amendments, or may embrace all 
  authorized motions or amendments and include the bill or resolution to 
  its passage, adoption, or rejection.'' Manual Sec. 994. The motion 
  should precisely specify the scope that is intended. However, where, 
  during the consideration of a bill, a Member states merely ``I move 
  the previous question,'' without specifying 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 Sec. Sec. 2673, 2674. On the other hand, during 
  consideration of several motions (as in the consideration of Senate 
  amendments reported from conference in disagreement), a simple motion 
  for the previous question applies to the immediate question only and 
  does not

[[Page 688]]

  include other pending questions. 8 Cannon Sec. 2676; but see Deschler 
  Ch 23 Sec. 14.2.
      The motion for the previous question is generally applicable to 
  any pending measure or motion that is subject to debate or amendment 
  (Manual Sec. 996) and has been held specifically applicable to:

    A proposition and a pending motion to refer the proposition to 
         a committee. 5 Hinds Sec. 5466; 8 Cannon Sec. 2678.
    A pending resolution and an amendment thereto. Manual Sec. 996.
    A 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.
    A question of agreeing to a report of the Committee of the 
         Whole that the enacting clause be stricken. 5 Hinds Sec. 5342.
    A resolution 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.
    A question of privilege, including one involving censure of a 
         Member 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 Sec. Sec. 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:

    A proposition that is not subject to debate or amendment or 
         that is being considered under a procedure that precludes 
         debate or intervening motions. 4 Hinds Sec. 3077; Deschler Ch 
         23 Sec. 14.12.
    A proposition against which a point of order is pending. 8 
         Cannon Sec. Sec. 2681, 3433.
    A portion of a bill, including a single section. Manual 
         Sec. 996; 4 Hinds Sec. 4930.
    More than one bill at a time (except by unanimous consent). 5 
         Hinds Sec. Sec. 5461-5464.
    A measure being considered under a motion to suspend the rules. 
         Deschler Ch 23 Sec. 14.11.

                           Titles and Preambles

      The rules of the House permit an amendment to the title of a bill 
  after its passage. Manual Sec. 922. 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.

[[Page 689]]

      The ordering of the previous question on a pending resolution does 
  not cover the preamble thereto unless the proponent of the motion so 
  specifies. A motion to order the previous question on the preamble is 
  in order following the vote on the resolution. 5 Hinds Sec. 5469 (note 
  2); Deschler Ch 23 Sec. Sec. 14.7, 18.4. However, the motion for the 
  previous question may be applied at once to both a resolution and its 
  preamble. Manual Sec. 1002c.

                   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 not to other 
  pending questions. 8 Cannon Sec. 2676; but see Deschler Ch 23 
  Sec. 14.2. Similarly, a motion for the previous question may not be 
  applied to a question on agreeing to both a conference report and to a 
  motion to ask for 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 that are merely incidental thereto. 8 Cannon Sec. 2687. 
  Thus, in one instance, it was held that the previous 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. Manual 
  Sec. 911; 5 Hinds Sec. 5301; Deschler Ch 23 Sec. 21.1. The motion 
  cannot be amended. Manual Sec. 452; 5 Hinds Sec. 5754. It is not 
  subject to a motion to table, and it cannot be postponed. Manual 
  Sec. Sec. 451, 998; 5 Hinds Sec. Sec. 5322, 5410, 5411. Jefferson 
  wrote, ``to change it to tomorrow, or any other moment 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.

[[Page 690]]

                                  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 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. Manual Sec. 996; Deschler Ch 23 
  Sec. 14.3. 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. 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, such as a series of 
  resolutions. 5 Hinds Sec. 6149; 8 Cannon Sec. 3173.

                       Withdrawal of Motion; Renewal

      A Member may withdraw his motion for the previous question if the 
  House has not acted thereon, 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 nevertheless may be 
  renewed after debate or other intervening business. Deschler Ch 23 
  Sec. Sec. 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. Manual Sec. 1006; 5 Hinds 
  Sec. 5655. The ordering of the previous question also may be vacated 
  by unanimous consent. 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. The Chair has 
  also vacated the ordering of the previous question when it was 
  improperly moved while the other side was still controlling time. 
  Manual Sec. 997.


  Sec. 9 . Effect

              Generally; As Precluding Further Consideration

      Except as discussed in sections 13 and 14, infra, the adoption of 
  the motion for the previous question stops all debate, precludes the 
  offering of amendments, and brings the House to an immediate vote on 
  the pending matter. 5 Hinds Sec. 5321; Deschler Ch 23 Sec. Sec. 15, 
  15.17. It cannot be modified, corrected, or changed, except by 
  unanimous consent. 5 Hinds Sec. Sec. 5482, 5485. A point of order 
  against the pending matter on which the previous question

[[Page 691]]

  has been ordered may be overruled as untimely. Deschler Ch 23 
  Sec. 15.21. A motion ordinarily cannot be withdrawn once the previous 
  question has been ordered on it. Manual Sec. 905; 5 Hinds 
  Sec. Sec. 5355, 5489.

                        As Precluding Other Motions

      With the exception of the motions to reconsider or to recommit 
  (Sec. Sec. 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 Sec. Sec. 5412-5422; 8 
  Cannon Sec. 2655), the motion to postpone (5 Hinds Sec. Sec. 5319-
  5321; 8 Cannon Sec. Sec. 2609, 2616, 2617), and a motion in the House 
  to strike the enacting clause (Deschler Ch 23 Sec. 15.13).


  Sec. 10 . -- On Debate Generally

                             Effect of Demand

      After the previous question has been moved on a proposition, no 
  further debate on it is in order unless the previous question is 
  rejected. Deschler Ch 23 Sec. 15.1. All incidental questions, 
  including ordinary questions of order, are likewise decided without 
  debate. Manual Sec. 1000; 5 Hinds Sec. Sec. 5448, 5449. However, under 
  the present practice, the Chair may recognize and respond to a 
  parliamentary inquiry although the previous question may have been 
  demanded. Manual Sec. 1000. The demand precludes further debate on the 
  question of 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 
  Sec. Sec. 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 Sec. Sec. 5294, 5296. The proponent's right to 
  close debate is likewise precluded. 5 Hinds Sec. Sec. 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). However, a question involving the privileges of the 
  House, subject to proper notice under rule IX, may intervene and be 
  debated, notwithstanding the ordering of the previous question on a 
  pending proposition, unless the previous question has been ordered to 
  final passage under a special rule prohibiting any intervening 
  motions. 3 Hinds Sec. 2532.

[[Page 692]]

           Effect of Special Rule Ordering the Previous Question

      A special rule governing consideration of a matter may order the 
  previous question to adoption or passage without intervening motion 
  (often excepting one motion to recommit). Such a resolution 
  nevertheless would permit debate for 10 minutes on the motion to 
  recommit a bill or joint resolution with instructions (Manual 
  Sec. 1001; Deschler Ch 23 Sec. 15.15) but would preclude a motion to 
  postpone or a motion to adjourn during pendency of the matter (Manual 
  Sec. 1002; 4 Hinds Sec. Sec. 3211-3213). Alternatively, a special rule 
  that orders the previous question after debate may permit an 
  intervening motion during debate, such as the motion to postpone. 96-
  2, Mar. 12, 1980, p 5388.


  Sec. 11 . -- On Divided Debate

                                 Generally

      When debate is divided by rule, or by the manager yielding time, 
  the previous question may not be moved until the other side has used 
  or yielded back its time. Manual Sec. 997.

                            Forty-minute Debate

      An exception to the rule that the previous question cuts off 
  debate is found in rule XIX clause 1. It allows 40 minutes of debate 
  where the previous question is ordered on a debatable proposition that 
  in fact has not been debated. Manual Sec. 999. This rule was adopted 
  in 1880 to prevent passing measures without a word of debate, a 
  frequent practice before that time. 5 Hinds Sec. 6821. The right to 40 
  minutes of debate accrues only if the previous question is ordered, 
  not merely moved. Deschler Ch 23 Sec. 21.4. However, the 40 minutes of 
  debate must be demanded before the House begins to vote on the main 
  question. 5 Hinds Sec. 5496.
      Debate under the 40-minute rule is divided between the proponent 
  of the pending proposition and an opponent. Deschler Ch 23 Sec. 21.2.
      If there has been any debate at all on the merits of the pending 
  proposition before the ordering of the previous question, the 40 
  minutes of debate permitted by the rule cannot be claimed. 5 Hinds 
  Sec. Sec. 5499-5502. That time may not be demanded on a proposition 
  that has been debated in the Committee of the Whole. 5 Hinds 
  Sec. 5505. The 40-minute rule does not apply to propositions that are 
  themselves not debatable, such as a motion to close debate. 8 Cannon 
  Sec. Sec. 2555, 2690; Deschler Ch 23 Sec. 21.7.
      The word ``question'' in the 40-minute rule refers to the main 
  question and does not refer to incidental motions, such as a motion to 
  recommit a bill. 5 Hinds Sec. 5497. ``Debate'' means debate on the 
  main question and not

[[Page 693]]

  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 ordered on an amendment that has not been debated 
  either in the House or in the Committee of the Whole. 5 Hinds 
  Sec. 5503. However, the 40 minutes of debate may not be claimed with 
  respect to an undebated amendment if the previous question was ordered 
  both on the undebated amendment and the main proposition and the main 
  proposition was debated. 5 Hinds Sec. 5504.
      The 40-minute rule does not apply at the inception of a Congress 
  before the adoption of rules. 5 Hinds Sec. 5509; Deschler Ch 23 
  Sec. 21.6.


  Sec. 12 . -- On Amendments

      The previous question is an essential tool of the proponent of a 
  proposition. 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. If the previous 
  question is ordered, no further amendments to the proposition are in 
  order except for an amendment proposed in a motion to recommit with 
  instructions. 8 Cannon Sec. 3231; Deschler Ch 23 Sec. 15.7; Sec. 13, 
  infra. Ordering the previous question precludes amendment to a special 
  order reported by the Committee on Rules or to a motion to recommit 
  with instructions. 8 Cannon Sec. Sec. 2698, 2712, 3241; Deschler Ch 23 
  Sec. 15.14.
      Ordering the previous question on a proposition precludes 
  amendments even if the question is not subject to debate. 5 Hinds 
  Sec. Sec. 5473, 5490. For example, the previous question may be 
  applied in the House to the nondebatable motion to recommit in order 
  to prevent amendment. Manual Sec. 996.
      Although unanimous consent may be granted for the consideration of 
  an amendment even though the previous question has been ordered, the 
  Speaker may decline to entertain unanimous-consent requests for that 
  purpose. Deschler Ch 23 Sec. Sec. 14.13, 15.18.
      The motion for the previous question is not used in the Committee 
  of the Whole. However, it is applicable to the work product that the 
  Committee reports to the House. 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. Deschler Ch 23 Sec. 15.19.

[[Page 694]]

      Amendments also are precluded where the House is operating 
  pursuant to a special order providing that the previous question is 
  ``considered as ordered.'' Deschler Ch 23 Sec. Sec. 15.15, 15.16.


  Sec. 13 . Recommittal

                                 Generally

      Rule XIX clause 2 permits a motion to recommit (or commit) the 
  pending measure to a committee either pending the motion for or after 
  the ordering of the previous question. Manual Sec. 1001. This 
  provision was adopted in 1880 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; see Refer and Recommit.

                           Amendment and Debate

      Contrary to the early practice, the opponents of the bill are 
  given priority in recognition to move to recommit it to a committee. 
  Manual Sec. Sec. 1001, 1002; 2 Hinds Sec. 1456. The motion to recommit 
  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 Sec. Sec. 5582-5584; 8 Cannon Sec. 2695.
      A motion to recommit with instructions commonly provides that the 
  committee report ``forthwith.'' If the 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 then votes separately on the amendments, 
  which are not subject to further amendment if the previous question 
  has been ordered on the bill to passage. The previous question, when 
  ordered on the bill, continues in force until disposition of the bill 
  and is not vitiated by its recommitment. Thus, where the previous 
  question 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.


  Sec. 14 . Reconsideration

      The vote on ordering the previous question on a measure is subject 
  to the 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 
  Sec. Sec. 5653, 5654. The vote ordering the previous question on a 
  special order reported from the Committee

[[Page 695]]

  on Rules may be reconsidered and such reconsideration is not dilatory 
  under rule XIII clause 6(b). Manual Sec. Sec. 858, 1006; see also 
  Reconsideration.
      A motion to reconsider a vote on a proposition may be made after 
  the previous question has been demanded on the proposition or even 
  after it has been ordered and while it is operating. Manual Sec. 1005; 
  5 Hinds Sec. Sec. 5656-5662. 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. Deschler-Brown Ch 29 Sec. 6.51.


  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 Sec. Sec. 22.1-
  22.5. However, the rejection of the motion for the previous question 
  on a measure that is not subject to amendment, such as a conference 
  report, does not open the measure to amendment but only extends the 
  time for debate thereon. Deschler Ch 23 Sec. 22.15. Similarly, if a 
  pending proposition is not debatable, but is vulnerable to an 
  amendment, the defeat of the previous question does not provide time 
  for debate but only the opportunity for amendment. Deschler Ch 23 
  Sec. 22.8.

                                  Motions

      The rejection of the previous question can open a motion to 
  further amendment. Examples include motions to instruct conferees, to 
  recede and concur in a Senate amendment, to recommit a bill with 
  instructions, and to recommit a conference report. Deschler Ch 23 
  Sec. Sec. 22.12, 22.13, 22.16.


  Sec. 16 . -- As Affecting Recognition

      If the previous question is voted down on a proposition, 
  recognition passes to an opponent of the motion for the previous 
  question. Deschler Ch 23 Sec. Sec. 23.1, 23.5. Thus, the previous 
  question on a resolution being voted down, the Speaker may recognize a 
  Member who led that effort, who may offer an amendment and be 
  recognized for one hour. Deschler Ch 23 Sec. Sec. 23.2, 23.5. However, 
  recognition of such Member could be preempted by another Member with a 
  preferential motion, such as the motion to lay on the table. Manual 
  Sec. 954. 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.

[[Page 696]]

      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 and to a motion to instruct 
  conferees. Deschler Ch 23 Sec. Sec. 23.6, 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. However, 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 Operating

      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 Sec. Sec. 2693, 2694; Deschler Ch 23 
  Sec. Sec. 15.22, 24.2. The proposition is taken up as unfinished 
  business immediately after disposal of business on the Speaker's 
  table. 5 Hinds Sec. Sec. 5510-5517; 8 Cannon Sec. 2674; Deschler Ch 23 
  Sec. 24.2. Multiple 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 
  and to take 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. Sec. 2674, 2693; generally, see Unfinished Business.


[[Page 697]]

 
                      CHAPTER 40 - PRIVATE CALENDAR

                              HOUSE PRACTICE

  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 Sec. Sec. 3266-3303
          7 Cannon Sec. Sec. 846-871
          Deschler Ch 22 Sec. Sec. 10-14
          Manual Sec. Sec. 895-897


  Sec. 1 . In General

               Usage and Purpose; Referrals to the Calendar

      The Private Calendar is used to facilitate the consideration of 
  bills that 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 62d Congress. Before that time, private bills had been considered 
  pursuant to special rules from the Committee on Rules. Manual 
  Sec. 896. Today, private bills when favorably reported are delivered 
  to the Clerk for reference to the Private Calendar under the direction 
  of the Speaker. Manual Sec. Sec. 828, 831. The Speaker may correct the 
  erroneous referral of a private bill to the Union Calendar or that of 
  a public bill to the Private Calendar. Manual Sec. 828; 7 Cannon 
  Sec. 859.
      Generally, the Private Calendar and unanimous consent requests are 
  the exclusive procedures for consideration of private bills. The 
  Speaker does not schedule them under suspension of the rules.

                             Measures Eligible

      Resolutions as well as bills may be considered pursuant to the 
  Private Calendar rule. Rule XV clause 5. The use of omnibus private 
  bills--that is,

[[Page 698]]

  the consolidation into one bill of numerous private bills that 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. 895. The validity of this consolidation procedure has been 
  sustained. Deschler Ch 22 Sec. 13.1.
      Rule XII clause 4 prohibits the introduction of certain private 
  bills. See Bills and Resolutions.


  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. 895. The calling 
  of the calendar is mandatory on the first Tuesday unless specifically 
  dispensed with by the House and, within the Speaker's discretion, on 
  the third Tuesday. Deschler Ch 22 Sec. 11.
      On the first Tuesday of the month, after disposition of matters 
  requiring referral but before beginning the call, the Speaker has 
  recognized a Member to call up a conference report (Deschler Ch 22 
  Sec. 11.12), for a motion for a call of the House (100-1, July 8, 
  1987, p 18972), and for a unanimous-consent request (Deschler Ch 22 
  Sec. 11).
      The call has been entertained before the Speaker recognized for a 
  privileged motion to discharge a committee from a resolution of 
  inquiry (Deschler Ch 24 Sec. 8.7) 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, because the call is discretionary, the 
  Speaker may entertain a unanimous-consent request for business not 
  otherwise privileged, 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 Sec. Sec. 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. Deschler Ch 22 Sec. 4.2.
     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 Sec. 12.7.

[[Page 699]]

     Restore to the calendar measures stricken therefrom. Deschler 
         Ch 22 Sec. Sec. 12.13-12.15.
     Rescind actions previously taken in connection with the 
         calendar. Deschler Ch 22 Sec. Sec. 12.16, 12.17.

      Rule XV clause 5 specifically provides for a privileged motion to 
  dispense with all or part of the call of the Private Calendar by a 
  two-thirds vote. Manual Sec. 895; Deschler Ch 22 Sec. 11.1. The motion 
  is debatable for 10 minutes, divided between the proponent and an 
  opponent of the motion. Manual Sec. 895.


  Sec. 4 . Objections; Screening Procedures

      Under rule XV clause 5, a bill called on the Private Calendar on 
  the first Tuesday of the month that is objected to by two or more 
  Members is automatically recommitted to the committee reporting it. On 
  the third Tuesday of each month the same procedure is followed, with 
  the exception that omnibus private bills are in order regardless of 
  objection. See Sec. 6, infra.
      The Majority Leader and the Minority Leader each appoint three 
  Members to serve as Private Calendar objectors during a Congress. 
  Deschler Ch 22 Sec. 15.3. These official objectors screen all bills 
  that are placed on the calendar. When the calendar is called, the 
  objectors may oppose or delay the consideration of any private bill 
  that they feel is objectionable for any reason. The objectors may 
  adopt and announce specific criteria that must be satisfied if a 
  private bill is to be called up for consideration on the calendar. 
  Manual Sec. 896. For example, 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.

                                   Form

      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.]
      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.]
      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]
      (If at least two Members object) Speaker: Two objections are 
    heard, and the bill is recommitted.

[[Page 700]]

  Sec. 5 . Consideration and Debate

                                   Bills

      The Speaker may not entertain a reservation of the right to object 
  to the consideration of a bill or resolution on the Private Calendar. 
  Manual Sec. 895. Bills called up from the Private Calendar are 
  considered in the House as in the Committee of the Whole. 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 House or in the Committee of the Whole. Deschler 
  Ch 22 Sec. 11.5. If a private bill is being considered in the House, 
  debate follows the hour rule. Deschler Ch 22 Sec. 13.6.

                                Amendments

      Amendments to bills called on the Private Calendar are debated 
  under strict five-minute rule, with debate limited to five minutes in 
  favor of and five minutes in opposition to an amendment. Recognition 
  in opposition to such an amendment goes first to a member of the 
  committee reporting the bill. Deschler Ch 22 Sec. 13.2. Recognition of 
  Members seeking to extend the debate time ordinarily will be declined. 
  Deschler Ch 22 Sec. Sec. 13.4, 13.5. Pro forma amendments are not in 
  order. Deschler Ch 22 Sec. Sec. 13.13-13.17.

                   Motions to Strike the Enacting Clause

      A motion to strike the enacting clause is in order during the 
  consideration of a private bill, including an omnibus private bill. 8 
  Cannon Sec. 2786; Deschler Ch 22 Sec. 13.10. Such motion takes 
  precedence over an amendment to strike a title of the bill and is 
  debatable under the five-minute rule. Deschler Ch 22 Sec. Sec. 13.11, 
  13.12.

                     Passing Over Calendared Measures

      The House by unanimous consent may provide that a bill be passed 
  over without prejudice. Deschler Ch 22 Sec. Sec. 12.4-12.6. Such a 
  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.

                                   Form

      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.

[[Page 701]]

  Sec. 6 . Omnibus Private Bills

                                 Generally

      Omnibus private bills consist of individual private bills 
  previously recommitted after two objections and grouped together under 
  a single bill number for rereporting, consideration, and passage. They 
  are in order on the third Tuesday only, but they may be considered on 
  the first Tuesday by unanimous consent. Deschler Ch 22 Sec. 11.2. If 
  an omnibus bill is passed by the House, it is resolved into individual 
  bills for transmittal to the Senate and subsequently to the President. 
  Manual Sec. Sec. 895, 897.

                         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 or reduce monetary amounts or provide limitations. 
  Matters so stricken may not again be included in an omnibus bill 
  during the session. Manual Sec. 895. 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.
      Under rule XV clause 5, the Speaker may not entertain a 
  reservation of the right to object to the consideration of an omnibus 
  private bill. Amendments to measures on the Private Calendar are 
  debatable under the five-minute rule. Debate is limited to ten 
  minutes, divided between the proponent and an opponent. The rule does 
  not admit a pro forma amendment or an extension of time under the 
  five-minute rule. Deschler Ch 22 Sec. Sec. 13.2-13.5.


  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 and are considered 
  before the call of the other bills on the calendar. 7 Cannon Sec. 854. 
  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. 8 Cannon Sec. Sec. 2334, 2694.

[[Page 702]]

  Sec. 8 . House-Senate Action on Private Bills

      As in the case of public bills, Private Calendar bills are 
  messaged to the Senate after passage by the House. 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. 895; Deschler Ch 22 Sec. 14.1.
      If amended by the Senate, further consideration and disposition by 
  the House is effected by unanimous consent or by a special rule. The 
  House has, by suspension of the rules, adopted a resolution agreeing 
  to an unrelated Senate amendment of a public character to a private 
  bill. 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.
      After passage in the House of an omnibus private bill, Senate 
  bills pending on the Speaker's table that 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 laid on the table 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.


[[Page 703]]

 
                CHAPTER 41 - QUESTION OF CONSIDERATION

                              HOUSE PRACTICE

  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 Sec. Sec. 4936-4977
          8 Cannon Sec. Sec. 2436-2447
          Deschler-Brown Ch 29
          Manual Sec. Sec. 906-910


  Sec. 1 . In General

                       Generally; Purpose and Effect

      Rule XVI clause 3 provides that when any motion or proposition is 
  entertained, a Member may demand the question ``[w]ill the House now 
  consider it?'' Manual Sec. 906. This rule, which was adopted in its 
  present form in 1880, permits the House by simple majority vote to 
  refuse to consider business it may not want to consider on that day. 5 
  Hinds Sec. 4936; 8 Cannon Sec. 2447. The rule provides that the 
  question is not to be put unless demanded. Manual Sec. 906.
      Any Member, Delegate, or the Resident Commissioner may demand the 
  question of consideration, even against matters of the highest 
  privilege and even though the Member in charge claims the floor for 
  debate or to move the previous question. 5 Hinds Sec. Sec. 4936, 4941, 
  4944, 4945, 5478; 6 Cannon Sec. 404. The question of consideration is 
  not debatable because such debate would defeat the purpose of the 
  rule. 8 Cannon Sec. 2447. If the House votes against consideration, it 
  has the effect of preventing all debate on the pending measure at that 
  time. The form for raising the question of consideration is as 
  follows:

      Member: Mr. Speaker, I raise the question of consideration.
      Speaker: The gentleman raises the question of consideration. The 
    question is: Will the House now consider it [the motion or 
    proposition]?

      Where a report from the Committee on Rules is called up on the 
  same legislative day on which reported, the Chair puts the question 
  without de

[[Page 704]]

  mand pursuant to rule XIII clause 6(a)(1). Manual Sec. 857; see 
  Special Orders of Business.

                               When in Order

      The question of consideration is not in order after debate has 
  begun and does not lie until the initial reading has been concluded. 5 
  Hinds Sec. Sec. 4937-4939; 6 Cannon Sec. 541; 8 Cannon Sec. 2436. It 
  may not be raised after the previous question has been ordered. 5 
  Hinds Sec. Sec. 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. 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. Sec. 2438, 2447. 
  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 Sec. Sec. 4947, 4948.
      It is in order to reconsider an affirmative vote on the question 
  of consideration. Deschler-Brown Ch 29 Sec. 5. However, it is not in 
  order to reconsider a negative vote on the question of consideration. 
  5 Hinds Sec. Sec. 5626, 5627.

                       As Related to Points of Order

      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. 909. However, if the point of order relates merely to the manner 
  of considering the bill, the point of order should be passed on after 
  the House has decided the question of consideration. 5 Hinds 
  Sec. 4950. Points of order against a conference report are raised 
  after the question of consideration has been decided in the 
  affirmative. Manual Sec. 909.
      A point of order against consideration of a bill for failure of a 
  proper quorum in committee to report was permitted despite unanimous 
  consent of the House to immediately consider the bill because the 
  unanimous-consent request was not accompanied by a waiver of points of 
  order. Deschler Ch 20 Sec. 17.13.

                 Other Methods of Preventing Consideration

      Immediate consideration of a measure can be avoided by use of the 
  motions to postpone or to refer. Manual Sec. Sec. 915, 916. Successful 
  application of

[[Page 705]]

  the motion to lay the proposition 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. It may be demanded against matters 
  of highest privilege. Manual Sec. 908; 5 Hinds Sec. 4941. 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 privileges of 
         the House. 6 Cannon Sec. 560.
     Against a bill that has been made in order on a particular day 
         by a special order. 4 Hinds Sec. 3175; 5 Hinds Sec. Sec. 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; Deschler-
         Brown Ch 29 Sec. 5.12.
     Against a resolution to elect a Member to a standing 
         committee. 104-1, July 10, 1995, p 18253.


  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 class of business, such as 
  District of Columbia business generally. 4 Hinds Sec. Sec. 3308, 3309; 
  5 Hinds Sec. 4598.
      Some legislative propositions are considered under special rules 
  that provide for the ``immediate consideration'' of the proposition. 
  Under that procedure the House decides the question of consideration 
  by voting on the special rule itself, and the question of 
  consideration cannot be raised against the ultimate proposition. 5 
  Hinds Sec. Sec. 4960-4963; 8 Cannon Sec. Sec. 2440, 2441. The question 
  of consideration is likewise inapplicable to a motion to resolve into 
  the Committee of the Whole because the House expresses its will 
  concerning consideration by voting on the motion. Manual Sec. 908; 
  Deschler-Brown Ch 29 Sec. 5.6. 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. Rule XVIII clause 2(b); Manual 
  Sec. 972.

[[Page 706]]

      Other propositions held not subject to the question of 
  consideration include:

     A bill returned with the President's veto. 5 Hinds 
         Sec. Sec. 4969, 4970.
     A motion relating to the order of business. 5 Hinds 
         Sec. Sec. 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 under rule XIV clause 2(d) 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 XIII clause 6; Manual Sec. 858; 5 Hinds 
         Sec. Sec. 4961-4963.


  Sec. 4 . Application to Points of Order Against Unfunded Mandates

      Sections 423-426 of the Congressional Budget Act establish 
  committee report requirements and points of order against 
  consideration. Manual Sec. 1127; see also Unfunded Mandates.
      Section 425(a)(2) establishes a point of order against 
  consideration of 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 the 
  Chair stating the question of consideration. Section 426(b)(2) 
  establishes as a threshold premise for cognizability of a point of 
  order under section 425 or 426(a) the specification of precise 
  legislative language that is alleged to constitute a Federal mandate.

                                   Form

      The Speaker: 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. Pursuant to section 426(b)(3) of the Act, after debate the 
    Chair will put the question of consideration, to wit: ``Will the 
    House now consider the resolution?''


[[Page 707]]

 
                    CHAPTER 42 - QUESTIONS OF PRIVILEGE

                              HOUSE PRACTICE

                              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 Congressional Record; Expungement
  Sec.  8. Service of Process
  Sec.  9. Procedure in Complying with Process under Rule VIII
  Sec. 10. -- Resolutions Authorizing or Precluding Response
  Sec. 11. -- Conditions or Limitations on Response
  Sec. 12. Disclosure of Executive Session Materials
  Sec. 13. Providing for Legal Counsel

              B. Consideration

  Sec. 14. Raising and Presenting the Question
  Sec. 15. Debate; Disposition

                          III. Personal Privilege

              A. Basis of Privilege

  Sec. 16. In General
  Sec. 17. Charges by a Fellow Member; Words Used in Debate
  Sec. 18. Charges in the Press

              B. Consideration

  Sec. 19. Raising the Question; Procedure
  Sec. 20. Debate on the Question

[[Page 708]]

        Research References
          3 Hinds Sec. Sec. 2521-2725
          6 Cannon Sec. Sec. 553-622
          Deschler Ch 11
          Manual Sec. Sec. 287-309, 698-713

                              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 
  privileges of the House, to questions of personal privilege, to the 
  privilege of Members from arrest, or to the privilege of certain 
  motions. This chapter focuses on questions of the privileges of the 
  House and on questions of personal privilege.
      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, and 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 Sec. Sec. 2654, 
  2718). Privileged questions, see Order of Business; Privileged 
  Business; Manual Sec. Sec. 853-857.
      Questions of privilege are classified by rule IX 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. This rule, adopted in 1880, was based on procedures that had 
  been followed in the House as a matter of longstanding custom. 3 Hinds 
  Sec. 2521. 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 period. See Sec. 14, infra.
      Questions of the privileges of the House are brought before it in 
  the form of a resolution. Sec. 14, infra. Questions of personal 
  privilege are raised by a Member from the floor when recognized for 
  debate for that purpose. Sec. 19, infra.

                     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. art. I, Sec. 6. This privilege may be 
  invoked in cases not covered by the excep

[[Page 709]]

  tions, as where there has been an arrest for fraud and delinquency in 
  connection with a civil proceeding. 3 Hinds Sec. 2676. The exception 
  has been construed to mean all indictable crimes. 3 Hinds Sec. 2673. 
  The privilege does not 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 U.S. 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

      Article I, section 6, clause 1 of the Constitution 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 Congressional 
  Record by a Member with the consent of the House. Deschler Ch 7 
  Sec. 16. However, 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. Manual 
  Sec. 303.


  Sec. 2 . Precedence of Questions of Privilege

      Under rule IX, 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 
  and to questions of personal privilege. ``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 all those rights and privileges 
  intact. Even if the case arises under dubious circumstances, it is 
  proper for 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. Under rule IX clause 2, the right to 
  bring a question of privilege before the House without notice is 
  restricted.

[[Page 710]]

   Manual Sec. Sec. 699, 713. Only the Majority and Minority Leaders can 
  now raise such a question ``at any time.'' See Sec. 14, infra.
      Under rule IX questions of privilege have been held to take 
  precedence over other business. Manual Sec. 709; 3 Hinds Sec. 2523. 
  For example:

     Reading of messages from the President (which are received but 
         do not displace the question of privilege). 5 Hinds 
         Sec. Sec. 6640-6642.
     District of Columbia business under rule XV clause 4. Deschler 
         Ch 11 Sec. 5.8.
     Calendar Wednesday business under rule XV clause 7. 7 Cannon 
         Sec. Sec. 908-910; Deschler Ch 11 Sec. 5.7.
     Special orders for the consideration of business. 3 Hinds 
         Sec. Sec. 2524, 2525, 2554.
     Reports from the Committee on Rules. 8 Cannon Sec. 3491.
     Motions to resolve into Committee of the Whole. 8 Cannon 
         Sec. 3461.
     Motions to reconsider. 5 Hinds Sec. Sec. 5673-5676.
     Motions to suspend the rules. 3 Hinds Sec. 2553; 6 Cannon 
         Sec. Sec. 553, 565.
     Scheduled special-order speeches. Deschler-Brown Ch 29 
         Sec. 10.75.
     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 Sec. Sec. 2534, 2552, 2581. The Chair's power of 
  recognition (and his scheduling prerogative under rule IX) determine 
  which of two matters of equal privilege is considered first. Manual 
  Sec. 709.
      Because only one question of privilege may be pending at a time, 
  another Member will not be recognized during such time to present 
  another question of privilege. This stricture includes questions of 
  personal privilege. Manual Sec. 711; 3 Hinds Sec. 2533; Deschler Ch 11 
  Sec. 5.4.
      A question of privilege loses its privilege when connected with or 
  amended by a proposition not privileged. 3 Hinds Sec. 2551; 5 Hinds 
  Sec. 5890.

                   Precedence Over the Previous Question

      The question of privilege takes precedence over the consideration 
  of a motion for the previous question. Deschler Ch 11 Sec. 5.9. It 
  supersedes the consideration of a proposition and must be disposed of 
  first, even where the previous question has been ordered on such 
  proposition, unless the previous question has been ordered to final 
  passage under a special rule prohibiting any intervening motions. 3 
  Hinds Sec. Sec. 2522, 2532; 6 Cannon Sec. 561; Deschler Ch 11 
  Sec. 5.3.

                               Interruptions

      By rising to a question of privilege, a Member may not deprive 
  another Member of the floor. 5 Hinds Sec. 5002; 8 Cannon 
  Sec. Sec. 2458, 2528; Deschler

[[Page 711]]

  Ch 11 Sec. 23.2. However, 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 
  Sec. Sec. 6051, 6052, 6058; 6 Cannon Sec. Sec. 554, 564.
      A question of privilege may interrupt the consideration of a bill 
  under a special order. 3 Hinds Sec. Sec. 2524, 2525. It has precedence 
  at a time set apart by special order for other business. 6 Cannon 
  Sec. 560. A question of the privileges 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).
      A Member's announcement of intent to offer a resolution as a 
  question of privilege may take precedence over a special order 
  reported from the Committee on Rules. However, where a special order 
  is pending, such announcements are counted against debate on the 
  resolution absent unanimous consent to the contrary. Manual Sec. 709.

                          As Unfinished Business

      A question of privilege pending at the time of adjournment becomes 
  unfinished business on the next day. Deschler Ch 11 Sec. 5.5. It takes 
  precedence over unfinished business that is privileged under rule XIV 
  (order of business). Manual Sec. 709.

                        II. Privilege of the House


                           A. Basis of Privilege


  Sec. 3 . Introductory; What Constitutes a Question of Privilege

                            Elements Generally

      Under rule IX questions of the privileges of the House are those 
  that affect its rights collectively, ``its safety, dignity, and the 
  integrity of its proceedings. . . .'' Manual Sec. 698. A question 
  asserted to involve the privileges of the House must involve one or 
  more of the elements specified by rule IX. Deschler-Brown Ch 31 
  Sec. 1.53. 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. Deschler-Brown Ch 29 Sec. 9.58.

             Organization of the House and Seating of Members

      Questions relating to the organization of the House (1 Hinds 
  Sec. Sec. 22-24) and the right of Members to their seats (3 Hinds 
  Sec. Sec. 2579-2587), as well as various questions incidental thereto 
  (1 Hinds Sec. 322; 2 Hinds Sec. 1207; 3

[[Page 712]]

  Hinds Sec. 2588), have been held to give rise to questions of the 
  privileges of the House (Manual Sec. 701). The same is true of a 
  proposition declaring the Office of the Speaker vacant (6 Cannon 
  Sec. 35) and the resignation of a Member from a select or standing 
  committee (Manual Sec. 704). A resolution electing a House officer is 
  presented as a question of privilege. Manual Sec. 701.

                Safety and Dignity; Comfort and Convenience

      A resolution directing an investigation into the safety of Members 
  in light of alleged structural deficiencies in the Capitol gives rise 
  to a question of the privileges of the House, as does a resolution 
  directing the appointment of a select committee to inquire into fire 
  safety of the environs of the House. Manual Sec. 705.
      Questions relating to the comfort and convenience of Members and 
  employees have been held to give rise to a question of the privileges 
  of the House. 3 Hinds Sec. Sec. 2629-2633. For example, a resolution 
  expressing the sense of the House as to the proper attire for Members 
  during sessions of the House and a resolution relating to a sanitary 
  environment for House employees were held to raise a question of 
  privilege. Manual Sec. 705; 3 Hinds Sec. Sec. 2632, 2633. However, 
  certain subjects relating purely to the convenience of Members are not 
  necessarily entertained as privileged. For example, a resolution 
  authorizing an additional attendant for the Members' bathroom and a 
  resolution authorizing a new lunchroom for Members were held not to 
  raise a question of privilege. 3 Hinds Sec. Sec. 2635, 2636.

                   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 its proceedings. 
  Manual Sec. 704; 3 Hinds Sec. Sec. 2597-2601, 2614. For example:

     The presence on the floor of unauthorized persons. 3 Hinds 
         Sec. Sec. 2624-2626.
     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.
     The integrity of the Congressional Record. Manual Sec. 704.
     The integrity of uninterrupted audio broadcast coverage of 
         certain House proceedings. Deschler-Brown Ch 29 Sec. 40.10.
     An unreasonable delay in transmitting an enrolled bill to the 
         President. Manual Sec. 704.
     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.

[[Page 713]]

     Use of an allegedly forged document at a committee hearing. 
         Manual Sec. 704.
     The public release of transcripts and other relevant documents 
         relating to an investigation by a committee's task force of the 
         operation and management of the Office of the Postmaster. 
         Manual Sec. 704.
     Unilateral release by a committee chairman of committee 
         records in contravention of its rules (adopted ``protocol''). 
         Manual Sec. 704.
     Investigation and report on the impact of a test involving 
         television coverage of House proceedings. Manual Sec. 684.
     Indecorous behavior of a former Member on the floor of the 
         House and rooms leading thereto. Manual Sec. 680.

      A resolution directing a committee to investigate the 
  circumstances surrounding the publication in a newspaper of a select 
  committee report, which the House had ordered not to be released, gave 
  rise to a question of the privileges of the House, because it related 
  to the integrity of House proceedings and the sanctity of its records. 
  Deschler-Brown Ch 29 Sec. 18.12.

                Effecting Changes in House Rules or Orders

      A question of the privileges of the House may not be raised to 
  effect a change in the rules of the House or their interpretation 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. Manual Sec. 706; 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. Manual Sec. 706.
      Similarly, it has been held that a question of the privileges of 
  the House may not be raised to:

     Collaterally challenge a standing order establishing a joint 
         meeting for a foreign head of state by withdrawing a pending 
         invitation and prohibiting future invitations. Manual Sec. 706.
     Direct the Speaker to follow certain customs in allowing one-
         minute speeches at the beginning of a session. Deschler-Brown 
         Ch 29 Sec. 10.58.
     Permit petitioners seeking redress of grievances to have 
         access to the House floor. Deschler Ch 24 Sec. 10.2.
     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. Deschler-
         Brown Ch 31 Sec. 1.51.
     Direct a committee to consider certain business, a motion to 
         that effect not being in order under the rules. Manual 
         Sec. 706.
     Declare a recess to receive a petition. Deschler Ch 11 
         Sec. 3.1.

[[Page 714]]

     Effect a change in conference procedures. Deschler Ch 11 
         Sec. 3.3.
     Direct a standing committee to release executive session 
         material referred to it. Manual Sec. 706.

      A question of the privileges of the House may not be invoked to 
  prescribe a special order of business for the House, because otherwise 
  any Member would be able to attach privilege to a legislative measure 
  merely by alleging impact on the dignity of the House based upon House 
  action or inaction. For example, the following resolutions were held 
  not to give rise to a question of the privileges of the House, but 
  rather were held to be legislative matters to be considered under 
  ordinary rules relating to priority of business:

     Alleging that the inability of the House to enact certain 
         legislation constituted an impairment of the dignity of the 
         House, the integrity of its proceedings, and its place in 
         public esteem, and resolving that the House be considered to 
         have passed such legislation.
     Precluding an adjournment of the House until a specified 
         legislative measure is considered.
     Expressing Congressional sentiment that the President take 
         specified action to achieve a desired public policy even though 
         involving executive action under a treaty (which it was the 
         prerogative of the Senate to ratify).
     Directing that the reprogramming process established in law 
         for legislative branch appropriations be subjected to third-
         party review for conformity with external standards of 
         accounting but alleging no deviation from duly constituted 
         procedure.

  Manual Sec. 706; see also Manual Sec. 702 for a discussion of 
  legislative propositions purporting to present questions of the 
  privileges of the House.

      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. Manual 
  Sec. 706.


  Sec. 4 . Charges of Illegality or Impropriety

           Specific Charges and General Criticism Distinguished

      General criticism of the Congress, or the Members of the House, 
  does not give rise to a question of the privileges of the House. 
  Deschler Ch 11 Sec. Sec. 8.1, 8.2. Allegations that are merely 
  critical of the legislative process, such as charges of inactivity in 
  regard to a subject reported from committee, are also insufficient. 
  93-2, June 24, 1974, pp 21596-98. Similarly, an allegation of 
  unconstitutional abrogation of a treaty by the President was held 
  insufficient. Manual Sec. 706. However, an allegation of criminal 
  conduct by the Congress has been presented as a question of the 
  privileges of the

[[Page 715]]

  House, as have charges that the House was being influenced by mobs or 
  that a committee of the House was engaged in subversive activities. 
  Deschler Ch 11 Sec. Sec. 8.3, 8.4; 80-2, Mar. 10, 1948, p 2476.

                         Charges Involving Members

      Charges against Members often have been made the basis of a 
  question of personal privilege. Sec. Sec. 17, 18, infra. Such charges 
  may also give rise to a question of the privileges 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), of abusing the franking privilege (3 
  Hinds Sec. 2705), of using ``ghost'' employees (Manual Sec. 703), of 
  improperly attempting to influence a vote (Deschler Ch 11 Sec. 9.1), 
  of giving away atomic secrets (Deschler Ch 11 Sec. 9.2), and of 
  illegally soliciting political contributions in a House office 
  building (99-1, July 10, 1985, p 18397) have given rise to the 
  privileges of the House. However, 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 privileges 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.'' Manual Sec. 703.

               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 privileges of the 
  House. 3 Hinds Sec. Sec. 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 gives rise to a question of the privileges 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 (Deschler-Brown Ch 29 Sec. 30.4) or 
  that an employee appeared in court without authorization as special 
  counsel for a committee (Deschler Ch 11 Sec. 10.3). Allegations of 
  improper representation by counsel of the legal position of Members in 
  a brief and allegations of unauthorized intervention by a committee 
  employee in judicial proceedings also have given rise to questions of 
  the privileges of the

[[Page 716]]

  House. Manual Sec. 703. On the other hand, merely alleging favoritism 
  by the Speaker in making appointments or rudeness by the Doorkeeper in 
  removing an occupant of the gallery has been held not to give rise to 
  a question of the privileges of the House. Deschler Ch 11 
  Sec. Sec. 10.1, 10.2.
      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, directing the Committee on House Administration to 
  conduct an investigation of the operation and management of the Office 
  of the Postmaster, and directing the Committee on Standards of 
  Official Conduct to investigate alleged violations of confidentiality 
  by certain staff members. Manual Sec. 703.


  Sec. 5 . House Jurisdiction, Powers, and Prerogatives

      Issues relating to the jurisdiction of the House or its 
  prerogatives under the Constitution may give rise to a question of the 
  privileges of the House. 2 Hinds Sec. Sec. 1480-1537; 6 Cannon 
  Sec. 315; Deschler Ch 11 Sec. 13. Matters that may be raised under 
  this rule include jurisdictional questions relating to the prerogative 
  of the House to originate revenue-raising legislation. 2 Hinds 
  Sec. Sec. 1480-1501; 6 Cannon Sec. 315; Deschler Ch 11 Sec. 13.1; 
  generally, see Manual Sec. 102. Other similar matters that 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. Manual Sec. 291a.
     Intervention in judicial proceedings concerning the 
         constitutionality of the one-House veto or other legislative 
         review provision. 95-1, H. Res. 884, Nov. 2, 1977, p 366.
     The prerogative of the House when a bill has been ``pocket 
         vetoed.'' Manual Sec. 702.
     The affirmative vote necessary to extend the time period for 
         State ratification of a constitutional amendment. Deschler-
         Brown Ch 30 Sec. 1.5.
     The constitutional authority of the House with respect to 
         impeachment propositions. 3 Hinds Sec. Sec. 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, section 8 of the Constitution nor the prohibition in 
  article I, section 9 against any withdrawal from the Treasury except 
  by enactment of an appropriation renders a meas

[[Page 717]]

  ure purporting to exercise or limit those powers a question of the 
  privileges of the House. Manual Sec. 702.
      The revenue-raising prerogative of the House may be raised only 
  when the House is in possession of the original papers. It may be 
  raised with respect to a revenue provision that originated in 
  conference. Manual Sec. 702. The issue may not be raised after the 
  House has adopted a conference report containing an additional revenue 
  matter not in either the House or the Senate version. Manual Sec. 702; 
  Deschler Ch 13 Sec. 14.2.
      A resolution alleging that the President unconstitutionally 
  abrogated a treaty (which is the prerogative of the Senate to ratify), 
  and calling on the President to seek the approval of Congress prior to 
  such abrogation, was held not to give rise to a question of the 
  privileges of the House. Manual Sec. 702.

         Contempt Proceedings; Enforcement of Orders and Subpoenas

      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 (2 Hinds Sec. 1641), where a witness has 
  refused to respond to an order to give testimony (Manual Sec. 299; 3 
  Hinds Sec. 1666; Deschler Ch 11 Sec. 12), and where a person has been 
  charged with an offense against the House, such as attempted bribery 
  (2 Hinds Sec. Sec. 1597, 1599). Committee reports relating to the 
  refusal of a witness to be sworn or respond to a subpoena duces tecum 
  in violation of section 192 of title 2, United States Code, likewise 
  give rise to a question of the privileges of the House when called up 
  by the reporting committee. Deschler Ch 11 Sec. Sec. 12.2, 12.3.


  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 a question of privilege. The authority 
  to intervene in judicial proceedings has been granted in cases 
  involving the constitutionality of the one-House veto (or other 
  legislative review provision) and the validity and effect of subpoenas 
  issued by House committees or subcommittees. Manual Sec. 291b; 94-2, 
  July 1, 1976. p 21852.
      As discussed in section 4, supra, charges of improper intervention 
  in a judicial proceeding by an officer or employee of the House may 
  give rise to a question of the privileges of the House. As such, the 
  following resolutions have been held to constitute questions of the 
  privileges of the House: (1) a resolution alleging unauthorized 
  actions by a committee employee in

[[Page 718]]

  intervening in judicial proceedings; (2) a resolution directing the 
  Clerk to notify interested parties that the House regretted the use of 
  official resources to present to the Supreme Court of Florida a legal 
  brief arguing the unconstitutionality of congressional term limits, 
  and that the House had no position on that question; and (3) a 
  resolution alleging a chronology of litigation relating to the 
  immunity of a Member from civil liability for bona fide official acts 
  and expressing the views of the House thereon. Manual Sec. 703.
      The General Counsel of the House has the duty under rule II clause 
  8 to provide legal assistance and representation to the House. Manual 
  Sec. 670. The General Counsel is authorized by law to appear in any 
  proceeding before a State or Federal court (except the United States 
  Supreme Court) without compliance with admission requirements of such 
  court. 2 USC Sec. 130f(a). Furthermore, the law requires the Attorney 
  General to notify the General Counsel of a determination not to appeal 
  a court decision affecting the constitutionality of an Act. 2 USC 
  Sec. 130f(b).
      The House may authorize the Speaker to take any steps he considers 
  necessary, including intervention as a party or submission of briefs 
  amicus curiae, in order to protect the interests of the House. The 
  House has adopted resolutions authorizing standing or select 
  committees to make applications to courts in connection with their 
  investigations. Manual Sec. 291b. The House also has 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 Congressional Record; Expungement

      The accuracy and propriety of reports in the Congressional Record 
  may give rise to a question of the privileges of the House. Manual 
  Sec. 704; 5 Hinds Sec. Sec. 7005-7023; 8 Cannon Sec. Sec. 3461, 3463, 
  3464; Deschler Ch 11 Sec. 11. Accordingly, a resolution to request the 
  Senate to expunge from the Congressional Record certain debate 
  reflecting on the integrity of the House or that is offensive or 
  otherwise improper may give rise to a question of the privileges 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 privileges of the House arises during debate in which offensive 
  language is used, the remedy being to demand that the objectionable 
  words be taken down when spoken, pursuant to rule XVII clause 4. 
  Deschler Ch 11 Sec. 27.1. For further discussion of the procedure for 
  taking down words, see Consideration and Debate.

[[Page 719]]

      A resolution to correct inaccuracies in the Congressional 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. However, a 
  resolution to restore to the Record remarks previously deleted by 
  House order does not present a question of the privileges of the 
  House, the proper method of reopening the matter being by motion to 
  reconsider. Deschler Ch 11 Sec. 11.10.


  Sec. 8 . Service of Process

                                 Generally

      The service of judicial process on a Member, Delegate, Resident 
  Commissioner, officer, or employee of the House has long been 
  perceived as a matter relating to the integrity of House proceedings 
  and as constituting a basis for raising a question of the privileges 
  of the House. 7 Cannon Sec. 2164; Deschler Ch 11 Sec. Sec. 14.1-14.10. 
  Rule VIII governs the procedure for House response to a judicial or 
  administrative subpoena served on a Member, Delegate, Resident 
  Commissioner, officer, or employee of the House. Manual Sec. 697; 
  Sec. 9, infra.
      The privileges of the House are invoked whether the recipient was 
  served with a summons as a defendant or a subpoena as a witness and 
  whether service of process was issued by a State or Federal court. 
  Deschler Ch 11 Sec. 14. For example, the privileges of the House have 
  been held to apply to service of process as follows:

     Civil actions, criminal proceedings, or courts martial. 
         Deschler Ch 11 Sec. Sec. 16.7, 16.9, 16.12, 16.17.
     Grand jury proceedings. Deschler Ch 11 Sec. 15.
     Orders to appear and show cause for the failure to comply with 
         a prior subpoena. Deschler Ch 11 Sec. 14.9.
     Orders to appear for depositions or to answer interrogatories. 
         Deschler Ch 11 Sec. Sec. 14.10, 16.18.
     Preliminary proceedings in criminal cases. Deschler Ch 11 
         Sec. 14.5.
     Administrative proceedings before Federal agencies. Manual 
         Sec. 697.

      Under rule VIII clause 6(b), minutes or transcripts of executive 
  sessions, or evidence received during such sessions, may not be 
  disclosed or copied in response to a subpoena. A subpoena duces tecum 
  requesting production of executive session records of a committee from 
  a prior Congress may be laid before the House pending a determination 
  as to its propriety. 97-1, Apr. 28, 1981, p 7603.

                Service of Process on Officers or Employees

      Examples of service of process on officers include those on the 
  Speaker, the Clerk, and the Sergeant-at-Arms. Deschler Ch 11 
  Sec. Sec. 16.2-16.4, 16.7-

[[Page 720]]

  16.9, 16.11. Examples of service of process on employees include those 
  on current and former employees of a committee, an employee of the 
  House Republican Conference, and a former employee of a former House 
  select committee who was subpoenaed to give a deposition about his 
  recollection of certain executive session transactions. 93-2, Sept. 
  30, 1974, p 33020; 94-1, Sept. 23, 1975, p 29824; 97-1, Jan. 22, 1981, 
  pp 694, 695.


  Sec. 9 . Procedure in Complying with Process under Rule VIII

      Rule VIII provides general authority to a Member, Delegate, 
  Resident Commissioner, officer, and employee of the House to comply 
  with a judicial or administrative subpoena or judicial order directing 
  appearance as a witness, or the disclosure of documents, relating to 
  the official functions of the House. Such compliance must be 
  consistent with the rights and privileges of the House. Accordingly, 
  the Speaker is promptly notified upon service of a subpoena or 
  judicial order, and the Speaker lays the notification before the 
  House. Rule VIII does not require the text of the subpoena to be 
  printed in the Congressional Record. Manual Sec. 697.
      Rule VIII was added initially in the 97th Congress. Until the 95th 
  Congress, the House would authorize a response to a subpoena by 
  adopting a resolution raised as a question of the privileges of the 
  House. This case-by-case approach was changed in the 95th and 96th 
  Congresses, when general authority was granted to respond to subpoenas 
  and a procedure was established for automatic compliance without the 
  necessity of a House vote. This standing authority formed the basis 
  for the present rule. Manual Sec. 697.


  Sec. 10 . -- Resolutions Authorizing or Precluding Response

      Although rule VIII establishes a procedure for automatic 
  compliance with subpoenas without the necessity of a House vote, a 
  question of the privileges of the House still may be raised to address 
  the response of the House to a subpoena in any particular case. Manual 
  Sec. 697. For example, in the 102d Congress, the House considered as 
  questions of the privileges of the House resolutions responding to a 
  subpoena for certain records of the House, and to a contemporaneous 
  request for such records from a special counsel. The resolutions 
  authorized an officer of the House to release certain documents in 
  response to the requests from the special counsel. Manual Sec. 703.

                         Duration of Authorization

      Resolutions authorizing a response to a subpoena or other judicial 
  order are effective only during the Congress in which they are 
  adopted. If the ju

[[Page 721]]

  dicial proceedings in question extend into the next Congress, it may 
  be necessary to seek another authorizing resolution, which may be 
  offered as a question of privilege. Deschler Ch 11 Sec. Sec. 18.1, 
  18.2.


  Sec. 11 . -- Conditions or Limitations on Response

      Prior to the adoption of rule VIII, when the House authorized a 
  response to a subpoena by resolution on an ad hoc basis, the House 
  occasionally imposed various conditions or limitations, such as:

     Permitting copies, but not original documents, to be produced. 
         Manual Sec. 291a; Deschler Ch 11 Sec. 18.
     Limiting disclosure to certified copies of relevant documents. 
         Manual Sec. 291a.
     Prohibiting disclosure of information acquired in one's 
         official capacity. Deschler Ch 11 Sec. 17.6.
     Prohibiting disclosure of information not previously made 
         public. Deschler Ch 11 Sec. 17.10.
     Limiting disclosure to certain files and specified documents 
         and only for inspection and copying. Deschler Ch 11 Sec. 17.9.
     Permitting disclosure only on a determination of relevancy. 
         94-2, Mar. 31, 1976, p 8885.
     Permitting disclosure of certain documents but barring 
         personal appearances. Deschler Ch 14 Sec. 15.14.
     Permitting personal appearances but barring production of 
         certain records. Deschler Ch 11 Sec. 18.
     Permitting production of original documents for laboratory 
         examination but providing for their return. Manual Sec. 291a.
     Permitting a Member to respond only when the House is not in 
         session. 94-1, Dec. 1, 1975, p 37888.


  Sec. 12 . Disclosure of Executive-Session Materials

      The House traditionally has required that executive-session 
  materials be released only when specifically permitted by authorizing 
  resolution. Deschler Ch 11 Sec. 18.4. This practice is continued under 
  rule VIII clause 6(b), 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. 697. 
  Before the adoption of rule VIII, the House by resolution asserted the 
  privileges of the House against the release of executive-session 
  materials or permitted the disclosure only after a judicial finding of 
  relevancy. Manual Sec. 291a.

[[Page 722]]

  Sec. 13 . Providing for Legal Counsel

                          Statutory Authorization

      Legal counsel, through the Department of Justice, is available to 
  an officer of the House (but not its Members) to defend the officer 
  against actions brought against him while he was discharging his 
  official duty or executing an order of the House. The district 
  attorney for the district where 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, the Speaker, the chairman of the Committee on Rules, the Clerk, 
  and the Sergeant-at-Arms. Manual Sec. 291b; Deschler Ch 11 Sec. 16.

                        Authorization by Resolution

      Occasionally, the House has authorized by resolution the 
  appointment of special counsel to represent an officer or Member or 
  employee who has been served with process. Such a resolution 
  ordinarily is presented as a question of the privileges of the House. 
  Deschler Ch 11 Sec. Sec. 19.1, 19.3. 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.
     The chairman of a committee, with the approval of the Speaker, 
         to retain special counsel. Manual Sec. 291b.
     The Sergeant-at-Arms, with the approval of the Speaker and the 
         chairman of the Committee on House Administration, to retain 
         special counsel. Manual Sec. 291b.
     The retention of special counsel to represent the interests of 
         a subcommittee. Manual Sec. 291b.
     The retention of special counsel to represent members of a 
         committee and its employees. Deschler Ch 11 Sec. 19.2.

                     Representation by General Counsel

      Rule II clause 8 provides for an Office of General Counsel to 
  provide legal assistance and representation to the House. The office 
  assists and provides representation to Members, committees, officers, 
  and employees in complying with legal process under rule VIII.

[[Page 723]]

                             B. Consideration


  Sec. 14 . Raising and Presenting the Question

                     In the House; Use of Resolutions

      Questions of the privileges 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. Under rule IX such a resolution is 
  privileged when called up by any Member. 3 Hinds Sec. 2536; Sec. 2, 
  supra. However, its privilege is subject to a two-day notice 
  requirement, which must include an announcement of the form of the 
  resolution. Such announcement may be dispensed with by unanimous 
  consent. Manual Sec. 698. The Speaker designates the time for 
  consideration within two legislative days after the announcement, 
  which may include immediate consideration. Under rule IX the Majority 
  and Minority Leaders are excluded from the notice requirement. They 
  may offer the resolution at any time, yielding only to the motion to 
  adjourn. Manual Sec. 699. The form of the announcement follows:

                                   Form

      Member (other than Majority or Minority Leader): Mr. Speaker, 
    pursuant to clause 2(a)(1) of rule IX, I rise to give notice of my 
    intent to raise a question of the privileges of the House. The form 
    of the resolution is as follows: [Note: The Member may read the 
    resolution in full or may ask unanimous consent to dispense with the 
    reading.]
      Speaker: Under rule IX, a resolution offered from the floor by a 
    Member other than the Majority Leader or the Minority Leader as a 
    question of the privileges of the House has immediate precedence 
    only at a time designated by the Chair within two legislative days 
    after the resolution is properly noticed. Pending that designation, 
    the form of the resolution noticed by the gentle____ from ______ 
    will appear in the Record at this point. The Chair will not at this 
    point determine whether the resolution constitutes a question of 
    privilege. That determination will be made at the time designated 
    for consideration of the resolution and the gentle____ will be 
    notified.

      The form of calling up the resolution follows:

                                   Form

      Member: Mr. Speaker, I rise to a question of the privileges of the 
    House, and offer a resolution announced on ______.
      Speaker: The gentleman submits a resolution relating to the 
    privileges of the House, which the Clerk will report. [Clerk reports 
    the resolution in full. Manual Sec. 700.]
      Opponent: Mr. Speaker, I make a point of order that the gentleman 
    does not present a question of privilege.

[[Page 724]]

      Speaker: The gentleman presents a question of privilege, and is 
    recognized. [Or] The Chair will entertain argument as to whether the 
    resolution constitutes a question of privilege.

      Under rule IX, a question of the privileges of the House having 
  been raised, the Speaker initially decides whether the question 
  presented constitutes a question of the privileges of the House, and 
  rules as to the validity of the question raised. Manual Sec. 713; 
  Deschler Ch 11 Sec. Sec. 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. Manual Sec. 713. Appeal may be taken from the Chair's ruling, 
  however, because 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 and rule on its admissibility. 
  2 Hinds Sec. 1501; 3 Hinds Sec. Sec. 2648-2650; Deschler Ch 11 Sec. 1. 
  If the matter is not admissible as a question of the privileges of the 
  House, he may refuse recognition. Deschler Ch 11 Sec. 6.1.
      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. A Member's announcement of intent to 
  offer a resolution as a question of privilege may take precedence over 
  a special order reported from the Committee on Rules. However, where a 
  special order is pending, such announcements are counted against 
  debate on the resolution absent unanimous consent to the contrary. 
  Manual Sec. 709.

                         In Committee of the Whole

      A question of the privileges of 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 such breach is raised, the Committee rises and reports 
  to the House. 2 Hinds Sec. 1657. Without the Committee's report to the 
  House, the question of privilege cannot be raised in the House. 4 
  Hinds Sec. 4912.


  Sec. 15 . Debate; Disposition

      A resolution offered under rule IX is read in full. Manual 
  Sec. 700. A Member offering the resolution is recognized under the 
  hour rule. Deschler Ch 11 Sec. 7.1. Such Member must confine remarks 
  in debate to the question raised. Deschler Ch 11 Sec. 7.2.

[[Page 725]]

      Under rule IX clause 2(a), the hour allotted for debate on a 
  resolution offered from the floor as a question of the privileges of 
  the House must be equally divided between the proponent of the 
  resolution and the Majority Leader or the Minority Leader or a 
  designee, as determined by the Speaker. Manual Sec. 699.
      A question of the privileges of the House is subject to 
  disposition by the ordinary motions permitted under rule XVI clause 4 
  (Manual Sec. 709), including:

     The motion to lay on the table. 5 Hinds Sec. 5438; 6 Cannon 
         Sec. 560.
     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 (or to commit) to committee. Manual 
         Sec. 713; 8 Cannon Sec. 3461; Deschler Ch 11 Sec. 7.4.

      Tabling a resolution raising a question of the privileges of the 
  House is considered a final adverse disposition of that resolution, 
  although the question may be rephrased and presented anew or reoffered 
  on a subsequent day. 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 that is submitted as a matter involving the 
  privileges of the House may be considered on the same day reported, 
  notwithstanding the three-day availability rule under rule XIII clause 
  4(a). 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 subpoena 
  authority to report back to the House by a date certain. Manual 
  Sec. 704.

                          III. Personal Privilege


                           A. Basis of Privilege


  Sec. 16 . In General

      Under rule IX clause 1, questions of personal privilege are 
  defined as those that affect the ``rights, reputation, and conduct'' 
  of individual Members in their representative capacity. 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. Manual Sec. Sec. 708, 711. A state

[[Page 726]]

  ment 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. Deschler Ch 11 Sec. 25.2. However, charges that do 
  not involve the Member in his representative capacity, such as charges 
  relating to conduct before becoming a Member, do not give rise to a 
  question of personal privilege. 3 Hinds Sec. Sec. 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, or his voting record or views, 
  do not constitute grounds for a question of personal privilege. 3 
  Hinds Sec. Sec. 2712-2714; Deschler Ch 11 Sec. Sec. 24.2, 24.3. 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 
  or to ``persons advocating'' a certain measure, with no Member being 
  named or otherwise identified, do not give rise to a question of 
  personal privilege. Deschler Ch 11 Sec. Sec. 33.1-33.3.
      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.


  Sec. 17 . Charges by a Fellow Member; Words Used in Debate

                                 Generally

      Statements off the floor by a Member accusing another Member of 
  lying or intentionally making a false statement may give rise to a 
  question of personal privilege. Similarly, statements by a Member 
  impugning another Member's motives or veracity, accusing another 
  Member of traitorous acts, of gross political interference with a 
  government contract, of an abuse of personal power, or of sponsoring a 
  smear campaign may give rise to a question of personal privilege. 3 
  Hinds Sec. 2717; Deschler Ch 11 Sec. Sec. 26.2-26.8. 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 Sec. Sec. 616, 617; Deschler Ch 11 Sec. 26.1.

[[Page 727]]

      Words Uttered in Debate or Inserted in the Congressional Record

      A question of personal privilege may not be based on language 
  uttered on the floor of the House in debate or conveyed by an exhibit 
  used in debate, the remedy being a timely demand that the 
  objectionable words be taken down when spoken. Manual Sec. 708; 8 
  Cannon Sec. 2537; Deschler Ch 11 Sec. 27.1. Generally, see 
  Consideration and Debate. However, a Member may base such a question 
  on objectionable remarks inserted under leave to revise and extend 
  remarks. 8 Cannon Sec. 2537; Deschler Ch 11 Sec. Sec. 27.2-27.5. A 
  Member may also base such a question on press accounts of remarks 
  uttered on or off the floor impugning his character or personal 
  motives. Manual Sec. 708. Charges reflecting on a Member's integrity 
  or reputation, inserted in the Congressional Record by a Senator, also 
  may give rise to a question of personal privilege. Deschler Ch 11 
  Sec. Sec. 27.6-27.9.


  Sec. 18 . 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. Deschler-Brown Ch 29 
  Sec. 10.75. However, vague charges in newspaper articles (6 Cannon 
  Sec. 570), criticisms (3 Hinds Sec. Sec. 2712-2714), or even 
  misrepresentations of the Member's speeches or acts or responses in an 
  interview have been held insufficient grounds (Manual Sec. 708; 3 
  Hinds Sec. Sec. 2707, 2708). The mere allegation that there has been a 
  violation of the rules of the House, such as that votes have been 
  improperly paired or that a bill has been placed on the incorrect 
  calendar, does not give rise to a question of personal privilege. 3 
  Hinds Sec. 2616; 8 Cannon Sec. 3094. However, where the allegation 
  impugns a Member's character or motives or reflects on his reputation 
  or integrity, a question of personal privilege may arise. Deschler-
  Brown Ch 29 Sec. 60.27. 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 or that he has engaged in conduct inimical to the 
  national security also have given rise to questions of personal 
  privilege. Deschler Ch 11 Sec. Sec. 31.4-31.18. 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 Sec. Sec. 30.6, 30.7.
     Deceptive or disgraceful conduct reflecting on the House. 
         Deschler Ch 11 Sec. Sec. 30.2, 30.15, 30.16.

[[Page 728]]

     Dereliction of duties. Deschler Ch 11 Sec. 30.3.
     Confiscation of evidence. Deschler Ch 11 Sec. 30.4.
     Unworthy motives in taking certain legislative action. 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.
     Engagement in improper lobbying activities. Deschler Ch 11 
         Sec. 30.6.
     Introduction of legislation in which the Member had a personal 
         interest. Deschler Ch 11 Sec. 30.7.
     Wrongful claim of ``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. 
  Deschler Ch 11 Sec. 30.11. Thus, a Member has been recognized to rise 
  to a question of personal privilege to respond to the following press 
  charges:

     Allegation of improper disposition of classified documents 
         from committee files. 94-2, Mar. 9, 1976, p 5825.
     Allegations of abuse of power or improper action in carrying 
         out committee responsibilities. Deschler Ch 11 Sec. Sec. 30.8-
         30.14.
     Allegation of improper hire of staff who did no work for the 
         committee. 94-2, May 25, 1976, p 15344.
     Denigration of Member in televised committee proceedings. 
         Manual Sec. 708.
     Allegation that a committee chairman had been buying votes. 
         Manual Sec. 708.

      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, assuming that the dignity and 
  integrity of the House proceedings are at issue.

                           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 Sec. Sec. 29.1, 29.3. Such a 
  question has arisen on publication of charges that a Member committed 
  the following acts:

     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 Sec. Sec. 29.4, 
         29.5.
     Violation of the securities laws. 95-2, June 2, 1978, p 16056.

[[Page 729]]

      Speaker Wright rose to a question of personal privilege to respond 
  to a ``statement of alleged violations'' pending in the Committee on 
  Standards of Official Conduct; and, pending the committee's 
  disposition of his motion to dismiss, announced his intention to 
  resign as Speaker and as a Member. Speaker Gingrich rose to a question 
  of personal privilege to discuss his own official conduct previously 
  resolved by the House. A committee chairman rose to a question of 
  personal privilege to discuss his own official conduct, which question 
  was based on a letter of reproval reported by the Committee on 
  Standards of Official Conduct. Manual Sec. 708.

                          Charges of Impropriety

      A charge of vote-selling in a conflict-of-interest case or 
  involvement with an organization being investigated by a Senate 
  committee or of conduct characterized as reprehensible has given rise 
  to a question of personal privilege. Deschler Ch 11 Sec. Sec. 28.1-
  28.3. Speaker Hastert rose to a question of personal privilege to 
  respond to charges of impropriety in his selection of a Chaplain. 
  Manual Sec. 708.
      The publication of vague charges accusing Members of impropriety, 
  however, does not give rise to a question of personal privilege. 8 
  Cannon Sec. 2711. No question of personal privilege was held to arise 
  from the publication of remarks attributed to a Member who denied 
  making them. 8 Cannon Sec. 2708.

                        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 Sec. Sec. 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 Sec. Sec. 2720, 2721.


                             B. Consideration


  Sec. 19 . Raising the Question; Procedure

      Unlike questions of the privileges of the House, which must be 
  raised by resolution, questions of personal privilege are ordinarily 
  raised orally. Deschler Ch 11 Sec. 20.
      The Member, before proceeding with debate on a question of 
  personal privilege, must state to the Speaker the grounds on which the 
  question is

[[Page 730]]

  based. Deschler Ch 11 Sec. 21.1. 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 Sec. 21.2 
  with Sec. 21.3.

      Member: Mr. Speaker, I rise to a question of personal privilege.
      Speaker: The gentleman will state his question of privilege. . . .
      Speaker: The Chair has examined the press accounts that have been 
    submitted, and it qualifies as a question of personal privilege 
    under rule IX.

                         In Committee of the Whole

      Questions of personal privilege are raised in the House, not in 
  the Committee of the Whole. Deschler Ch 11 Sec. 21.4. Early precedents 
  suggest, however, 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. 3 Hinds Sec. Sec. 2540-2544. 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. Manual Sec. 711; 4 Hinds Sec. 4912; see also 
  Sec. 17, supra, for a discussion that words spoken in debate do not 
  give rise to a question of personal privilege.


  Sec. 20 . Debate on the Question

      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. 
  Manual Sec. 713. 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. Manual Sec. 713; 5 Hinds Sec. Sec. 5075, 5076. However, the 
  Member is entitled to discuss related matters necessary to challenge 
  the charge that has been made against him. Deschler Ch 11 Sec. 22.5. 
  He should limit his remarks to the matter concerning himself 
  personally, and should not use his debate time to level charges 
  against other Members. 5 Hinds Sec. 5078; 8 Cannon Sec. Sec. 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 Congressional Record, 
  without using debate time. 94-2, Feb. 23, 1976, p 4062.


[[Page 731]]

 
                          CHAPTER 43 - QUORUMS

                              HOUSE PRACTICE

              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 Automatic Call
  Sec. 15. Use of Electronic Equipment
  Sec. 16. Names Published and 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
          U.S. Const. art. I, Sec. 5
          4 Hinds Sec. Sec. 2884-3055
          6 Cannon Sec. Sec. 638-707
          Deschler Ch 20
          Manual Sec. Sec. 982, 1014-1029

[[Page 732]]

                     A. Generally; Quorum Requirements


  Sec. 1 . In General

              Constitutional Requirements and the House Rules

      Under the Constitution, a majority of each House constitutes a 
  quorum to do business, although a smaller number may adjourn from day 
  to day or compel the attendance of absent Members. U.S. Const. art. I, 
  Sec. 5, cl. 1. Because the presence of a quorum is a constitutional 
  requirement, and because a point of order of no quorum is the only 
  method available to a Member to enforce that requirement, the Speaker 
  has 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 Sec. Sec. 14.2, 14.3. Quorum requirements for committees, see 
  Committees.
      The Constitution does not further 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 that, under the House rules and precedents, does not encompass all 
  parliamentary proceedings. For example, the prayer, administration of 
  the oath, certain motions incidental to a call of the House, and an 
  adjournment do not constitute business requiring a quorum. Deschler Ch 
  20 Sec. 18 (note 10). Indeed, rule XX clause 7(a) specifically 
  prohibits the entertainment of a point of order of no quorum unless a 
  question has been put to a vote. See Sec. 3, infra. The House has 
  determined by adopting such a rule that the mere conduct of debate, 
  where the Chair has not put the pending proposition to a vote, is not 
  ``conducting business'' under article I, section 5, clause 1 of the 
  Constitution. Because the adoption of such a rule is viewed by the 
  House as a proper exercise of its rule-making authority under article 
  I, section 5, clause 2 of the Constitution, there is no constitutional 
  basis for a point of order of no quorum during debate in the House. 
  Manual Sec. 1029.

                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, failure of a quorum to participate in a record 
  vote cannot be ignored. The Chair must announce that fact although it 
  was not objected to from the floor. 4 Hinds Sec. Sec. 2953, 2963; 6 
  Cannon Sec. Sec. 565, 624; Deschler Ch 20 Sec. 1.

[[Page 733]]

  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. Manual Sec. 53; 4 Hinds 
  Sec. Sec. 2889, 2890; 6 Cannon Sec. 638; Deschler Ch 20 Sec. 1; 
  Sec. 5, infra. Thus, when there are no vacancies, a quorum to do 
  business is 218 Members. When the membership has been reduced by 
  reason of death, resignation, expulsion, disqualification, or removal 
  to 432, a quorum to do business is 217 Members. 94-2, June 18, 1976, p 
  19312. This long-standing practice was codified in the 108th Congress 
  by adoption of rule XX clause 5(c). Clause 5(c) also requires the 
  Speaker to announce the reduced whole number of the House, which is 
  not subject to appeal. In the case of a death, the Speaker may lay 
  before the House such documentation from Federal, State, or local 
  officials as he deems pertinent.
      Under rule XVIII clause 6(a), a quorum in the Committee of the 
  Whole is 100 Members. Manual Sec. 982. The quorum required in the 
  House as in the Committee of the Whole is a quorum of the House and 
  not a quorum of the Committee of the Whole. 6 Cannon Sec. 639.


  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. Under the early practice, a 
  quorum was required during debate (4 Hinds Sec. Sec. 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. Sec. 310, 
  621. Although the Speaker has the authority to recognize for a motion 
  for a call of the House at any time, a point of order of no quorum 
  does not lie in the House unless the Speaker has put the pending 
  question to a vote. Rule XX clause 7(a); Manual Sec. 1027; Sec. 12, 
  infra. Accordingly, for example, the Chair may not entertain a point 
  of order of no quorum during debate in the House or during the 
  offering of the prayer or the administration of the oath.
      The pendency of a unanimous-consent request in the House is not 
  equivalent to the Chair's putting a pending question to a vote and 
  does not permit a point of order of no quorum under rule XX clause 
  7(a). Deschler-Brown Ch 29 Sec. 23.13.

[[Page 734]]

                  Business Precluded in Absence of Quorum

      The House cannot conduct business after the absence of a quorum 
  has been announced. Manual Sec. 55; Deschler Ch 20 Sec. Sec. 1.5, 
  10.4. This includes business by unanimous consent. Manual Sec. 1025. 
  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 Sec. Sec. 2928-2931; 6 Cannon Sec. 657; Deschler Ch 
  20 Sec. 10.4 (note). For example, where the announced absence of a 
  quorum has resulted in a vote by the yeas and nays under rule XX 
  clause 6, the House may not, even by unanimous consent, vacate the 
  vote in order to conduct another voice vote in lieu of the record 
  vote.
      When the House authorizes the Speaker under rule XX clause 5 to 
  compel the attendance of absent Members, the Speaker requests the 
  Sergeant-at-Arms to proceed with necessary and efficacious steps to 
  secure a quorum. The Speaker then announces that, pending the 
  establishment of a quorum, no further business, including unanimous-
  consent requests for recess authority, may be entertained. Manual 
  Sec. 1025.
      If a quorum does not respond on a call of the House or on a record 
  vote, even the most highly privileged business must terminate. 4 Hinds 
  Sec. 2934; 6 Cannon Sec. 662. The House then has only two 
  alternatives, to wit: to adjourn or to continue the proceedings under 
  a pending call of the House until a quorum of record is obtained. 
  Deschler Ch 20 Sec. Sec. 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. Deschler Ch 20 Sec. Sec. 10.5-10.7.


  Sec. 4 . Motions Requiring a Quorum

                                In General

      Under rule XX clause 7(a), the putting of a question to a vote 
  triggers the admissibility of a point of order of no quorum, thereby 
  permitting the Speaker to entertain a point of order of no quorum if 
  the motion is one that requires a quorum for adoption. Manual 
  Sec. 1027. 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. 
  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. Manual Sec. 1026.

                  Motions Incident to a Call of the House

      The motion for a call of the House, or a motion incidental to a 
  call of the House, does not require a quorum for adoption. Manual 
  Sec. 1025;

[[Page 735]]

  Deschler Ch 20 Sec. 2.8. Under rule XX clause 7(b), further 
  proceedings are considered dispensed with when a quorum is established 
  pursuant to the call unless the Speaker recognizes for a motion to 
  compel attendance of Members. Manual Sec. 1028. For a discussion of 
  motions in order during a call of the House, see Manual Sec. 1024.

                           The Motion to Adjourn

      A quorum is not required on an affirmative vote on a simple motion 
  to adjourn. Deschler Ch 20 Sec. Sec. 8.7, 8.8. However, a point of no 
  quorum on a negative vote on adjournment is in order and, if 
  sustained, precipitates a call of the House. Manual Sec. 1025; 6 
  Cannon Sec. 700; Deschler Ch 20 Sec. 8.13.
      A quorum is required for the adoption of a motion that when the 
  House adjourns that day it adjourn to a day and time certain. Manual 
  Sec. 913. A quorum also is required on a concurrent resolution 
  providing for adjournment sine die but not on a motion to adjourn that 
  implements such a concurrent resolution. Deschler Ch 20 Sec. Sec. 8.9, 
  8.10.

                            The Motion to Rise

      A quorum is not required on an affirmative vote on a simple motion 
  that the Committee of the Whole rise (see Sec. 6, infra), but a 
  negative voice vote or division vote permits a point of no quorum 
  pending the demand for a recorded vote. See Deschler Ch 20 Sec. 16.7. 
  A quorum is required on an affirmative vote on a motion to rise and 
  report. 4 Hinds Sec. 2973.


  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 that practice the opposition might break a quorum simply by 
  refusing to vote. 4 Hinds Sec. 2977. That practice was changed in 1890 
  with the historic ruling by Speaker Reed, later embodied in rule XX 
  clause 4(b), that Members present in the Chamber but not voting would 
  be counted in determining the presence of a quorum. Manual Sec. 1020; 
  4 Hinds Sec. 2895; Deschler Ch 20 Sec. 3. This ruling was upheld by 
  the Supreme Court in United States v. Ballin, 144 U.S. 1 (1892), the 
  Court declaring that the authority of the House to transact business 
  is ``created by the mere presence of a majority.'' Since 1890, 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.
      A quorum may be expressed as a fraction in which the numerator is 
  the number of Members who are present and the denominator is the 
  number

[[Page 736]]

  of Members who are extant. As the issue in Ballin was Speaker Reed's 
  method of counting the number of Members present, the decision of the 
  Supreme Court addressed the numerator of this fraction. In dictum the 
  Court examined the question ``how shall the presence of a majority be 
  determined?'' and observed that, because 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 reasonably certain to ascertain the fact.'' In 1906, 
  consistent with the dictum in Ballin, Speaker Cannon employed the 
  still-current method of counting the number of Members extant. After 
  reviewing the perspectives of his predecessors across the 19th century 
  and with special regard for the considered judgment of the Senate on 
  the same question (Senate rule VI), Speaker Cannon held that once the 
  House is organized for a Congress ``a quorum consists of a majority of 
  those Members chosen, sworn, and living, whose membership has not been 
  terminated by resignation or by the action of the House.'' 4 Hinds 
  Sec. 2890; 6 Cannon Sec. 638.
      Under rule XX clause 5(c) (adopted in the 108th Congress), upon 
  the death, resignation, expulsion, disqualification, or removal of a 
  Member, the Speaker announces any adjustment to the whole number of 
  the House. Such an announcement is not subject to appeal. In the case 
  of a death, the Speaker may lay before the House such documentation 
  from Federal, State, or local officials as he deems pertinent. See 
  Sec. 2, supra.

                            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 rule XX, 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. 1014. In lieu 
  of using the electronic system (if, for example, there is a 
  malfunction in the electronic system), the Speaker in his discretion 
  may direct that the presence of Members be recorded by clerks or he 
  may direct that a quorum call be taken by an alphabetical call of the 
  roll. Manual Sec. Sec. 1015, 1019.
      Under rule XX clause 4(b), the Chair may count Members who are 
  present and do not vote as follows:

     Members who are visible, including those behind the railing. 
         Deschler Ch 20 Sec. 3.6.
     Members in the process of leaving the Chamber. Deschler Ch 20 
         Sec. 3.5.
     Himself. Deschler Ch 20 Sec. 3.7.


[[Page 737]]



      However, the Chair may not count the following Members:

     Members in the cloakrooms out of sight. Deschler Ch 20 
         Sec. 3.10.
     Members entering the Chamber after the Chair announces the 
         result of the quorum call. Deschler Ch 20 Sec. Sec. 3.11-3.13.

      In any case, the Chair's count of a quorum is conclusive and may 
  not be challenged on appeal. Manual Sec. 629.
      The number of Members present for the purpose of determining the 
  absence of a quorum may be established by a count of the number of 
  Members voting on a pending proposition. Deschler Ch 20 Sec. 2.13. 
  However, the Chair's count of those Members standing on a division 
  vote in the House does not demonstrate the absence of a quorum because 
  the Chair, in taking such a vote, does not count all Members present 
  in the Chamber but only those standing. Deschler Ch 20 Sec. 2.18.

                                 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. Such 
  recount may be in response to a statement of a Member that more 
  Members had entered the Chamber since the first count, thereby 
  establishing 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 or the 
  reading of a resolution, even though the resolution was privileged for 
  consideration. Deschler Ch 20 Sec. Sec. 13.11, 13.12, 13.14.
      Under the modern practice, the use of points of order of no quorum 
  in the House has been sharply curtailed. Under rule XX clause 7(a), a 
  point of no quorum is not in order unless a question has been put to a 
  vote, notwithstanding the failure of a quorum to have voted on a prior 
  item of business no longer pending. 95-1, Sept. 16, 1977, p 29563. 
  Therefore, a point of order of no quorum may not be made during the 
  offering of the prayer, the administration of the oath, the reception 
  of messages from the President

[[Page 738]]

  or the Senate, the reading of the Journal, or special orders. The 
  refusal of the Chair to entertain a point of order of no quorum where 
  prohibited by clause 7(a) is not subject to appeal. Manual Sec. 629. 
  Furthermore, the Chair will not entertain a unanimous-consent request 
  to waive the provisions of rule XX clause 7(a). 93-2, Dec. 9, 1974, p 
  38664.

                         In Committee of the Whole

      A similarly restrictive rule applies to points of order of no 
  quorum in the Committee of the Whole. Rule XVIII clause 6(b) states 
  that, ``after a quorum has once been established on a day,'' the Chair 
  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 Chair 
  has put the pending question to a vote. Manual Sec. 982. A Member may 
  make a point of order of no quorum while the Chair is counting those 
  standing in the Committee to support a demand for a recorded vote and 
  before 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. Manual Sec. 1012. The Chair will resume his count for a 
  recorded vote when the requesting Member withdraws his point of order 
  of no quorum (which is the usual practice).
      The restriction of rule XVIII clause 6 against making a point of 
  order of no quorum ``after a quorum has once been established on a 
  day'' means on that day during consideration of the pending bill, 
  because the House resolves itself into a new Committee of the Whole on 
  each bill, with a new Chairman. Manual Sec. 982. The rule restricting 
  points of order of no quorum in the Committee after a quorum has once 
  been established is applicable whether the quorum was established by a 
  regular quorum call or a ``short'' quorum call. 95-2, June 8, 1978, p 
  16778. For a discussion of a regular quorum call and a short quorum 
  call, see Sec. 17, infra.
      Although a point of order of no quorum may be raised during 
  general debate in the Committee of the Whole, the Chair is given the 
  discretion to entertain it under rule XVIII clause 6(b). Manual 
  Sec. 982.
      A point of order of no quorum does not lie in the Committee 
  against the adoption of a motion that the Committee rise, because that 
  motion (as distinguished from the motion to rise and report) does not 
  require a quorum for adoption. Rule XVIII clause 6(d); 4 Hinds 
  Sec. Sec. 2972, 2975.

[[Page 739]]

  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 XX 
  clause 6, if timely made, necessarily precipitates a call of the House 
  (unless the House adjourns) and, simultaneously, a vote by the yeas 
  and nays on the pending question. Manual Sec. 1025.
      The objection to a vote permitted by rule XX clause 6 applies only 
  to votes on questions requiring a quorum. Thus, an objection may not 
  be raised under the rule to an affirmative vote on a motion to adjourn 
  or to a vote on a motion incidental to a call of the House, neither of 
  which requires a quorum for adoption. 4 Hinds Sec. 2994; 6 Cannon 
  Sec. 681; Deschler Ch 20 Sec. 2.
      For further discussion of the ``automatic'' vote by the yeas and 
  nays that ensues under rule XX clause 6, see Sec. 14, infra.

                          Effect of Postponement

      When a Member objects to a vote on the ground that a quorum is not 
  present, and further proceedings are postponed under rule XX clause 8 
  or by unanimous consent, the Speaker puts the question de novo when 
  the measure is again before the House as unfinished business. Members 
  then have the same right to object on that ground as when the question 
  was originally put. Deschler Ch 21 Sec. 3.18. When further proceedings 
  are postponed, the Speaker announces that the point of order that a 
  quorum is not present is considered as withdrawn because the point of 
  order is no longer in order (a question not being pending after the 
  Speaker's announcement of postponement). Manual Sec. 1026. In the 
  Committee of the Whole, when proceedings resume on a request for a 
  recorded vote on an amendment postponed under rule XVIII clause 6(g), 
  the voice vote is acknowledged and the request is announced as 
  pending. At this time, a point of order of no quorum may be made.


  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 has been 
  laid on

[[Page 740]]

  the table. Deschler Ch 20 Sec. Sec. 13.23, 13.24. However, 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 that 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 demand for the yeas and nays following a 
         division vote. Deschler Ch 20 Sec. 13.19.
     After a sufficient number have risen to order the yeas and 
         nays but before the start of the vote. 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 
  was put. Deschler Ch 20 Sec. 13.1. However, 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. In order to raise such an 
  objection, a Member must be on his feet and actively seeking 
  recognition when the Chair announces the result of the vote. Deschler 
  Ch 20 Sec. 13.25. 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, 
  and the Speaker has on occasion expressed reluctance to hold a point 
  of order of no quorum dilatory for that reason, 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 
  the sole purpose of delay where the presence of a quorum, as evidenced 
  by an immediately preceding vote or quorum call, is apparent. 5 Hinds 
  Sec. Sec. 5724, 5725; 8 Cannon Sec. 2808; Deschler Ch 20 Sec. 14. 
  Since rule XVIII and rule XX were amended to restrict recognition for 
  points of no quorum, the use of repeated points of order as a dilatory 
  tactic has lost its efficacy. Under rule XVIII clause 6 and rule XX 
  clause 7(a), the Chair may not entertain a point of no quorum unless a 
  question has been put to a vote.

[[Page 741]]

  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. A point of order of no quorum is considered withdrawn where 
  the Chair exercises any postponement authority under rule XVIII clause 
  6(g) or rule XX clause 8. Manual Sec. Sec. 984, 1026.
      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 12481). The point may not then be 
  withdrawn even by unanimous consent, because the House may not conduct 
  business, including the disposition of unanimous-consent requests, in 
  the announced absence of a quorum. Deschler Ch 20 Sec. 18.7. The same 
  rule is followed in the Committee of the Whole. Deschler Ch 20 
  Sec. 18.6.
      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 Sec. Sec. 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 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.
      Rule XX authorizes three separate procedures for a call of the 
  House. They are as follows:

     The call of the House under clause 6 whenever objection is 
         raised to a vote taken in the absence of a quorum. Manual 
         Sec. 1025. This call is sometimes referred to as an 
         ``automatic'' call because it proceeds by operation of the rule 
         and does not require a motion. See Sec. 14, infra.
     The call of the House under clause 7(b), which permits the 
         Speaker in his discretion to recognize for a motion for acall 
         of the House at any time. See Sec. 12, infra.

[[Page 742]]

     The call of the House under clause 5 that is used in the 
         absence of a quorum to compel the attendance of absent Members. 
         The Speaker may recognize for that motion, which must be 
         adopted by a majority comprising at least 15 Members. See 
         Sec. 13, infra. The call under this clause is sometimes 
         referred to as the ``old'' form of the call, clause 5 having 
         been first adopted in 1789.

      Rule XX clause 5, enabling 15 Members to order a call of the 
  House, 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 6, having been provided 
  for by rule in 1896, is described as the call of the House in the new 
  form. It supersedes 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 
  5 or clause 7(b) is in order at the Chair's discretion. On the other 
  hand, the automatic call under clause 6 ensues while the House is 
  voting. Manual Sec. Sec. 1021-1025; 4 Hinds Sec. 2990. Indeed, clause 
  5 should be read in light of clause 7(a), which prohibits the Speaker 
  from entertaining a point of no quorum unless a question has been put 
  to a vote , and clause 7(b), which gives the Speaker discretion to 
  recognize for a call of the House at any time. Manual Sec. Sec. 1027, 
  1028.

                         In Committee of the Whole

      The provisions of rule XX clauses 5, 6, and 7, 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, a 
  Member may not object to a vote in the Committee on the ground that a 
  quorum is not present. Deschler Ch 20 Sec. 16.1; Sec. 6, supra. In the 
  Committee of the Whole, the quorum call and the vote occur seriatim 
  and not simultaneously as they do in the House under rule XX clause 6. 
  The requirement of, and the procedures for, obtaining a quorum in 
  Committee of the Whole are found in rule XVIII clause 6.


  Sec. 12 . The Motion for a Call

      Under rule XX clause 7(b), a motion for a call of the House is 
  permitted at any time subject to clause 7(c). Clause 7(c) precludes 
  such motion after the previous question has been ordered unless the 
  Speaker determines by actual count that a quorum is not present. A 
  motion for a call of the House is in order notwithstanding language in 
  rule XX clause 7(a) that a point of order of no quorum may not be 
  entertained unless the Speaker has put a pending question to a vote. 
  Manual Sec. Sec. 1027-1029. Under this rule,

[[Page 743]]

  the Speaker may at any time in his discretion recognize a Member to 
  offer the motion. Thus, the Speaker may refuse recognition. Manual 
  Sec. 1029. The motion is privileged if entertained by the Chair. It 
  may be entertained after another Member has been recognized but before 
  he has begun his remarks. Deschler-Brown Ch 29 Sec. 23.15. When a 
  Member is under recognition for debate, another Member may be 
  recognized to move a call of the House only if yielded to for that 
  purpose. 105-2, July 23, 1998, p ____. The motion is not debatable. 6 
  Cannon Sec. Sec. 683, 688.
      If the motion is rejected, the House proceeds with business. 
  Deschler-Brown Ch 29 Sec. 20.20. However, if the motion is adopted by 
  a record vote, and a quorum is established thereby, a call of the 
  House must proceed unless rescinded by unanimous consent. 94-1, Oct. 
  22, 1975, p 33688.


  Sec. 13 . The Call to Compel Attendance of Absent Members

                                In General

      Rule XX clause 5 authorizes a motion for a call to compel the 
  attendance of absent Members when the call is ordered by at least 15 
  Members (including the Speaker). Recognition for the motion is within 
  the Speaker's discretion, and the motion may not be adopted by fewer 
  than 15 affirmative votes. Unless that number is 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.
      If a majority votes to compel attendance under this rule, 
  absentees are notified. Manual Sec. 1021. 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. 1021.
      When a call of the House is ordered under this rule, the Speaker 
  may direct the taking of the call by electronic device or by a call of 
  the roll. Manual Sec. Sec. 1014, 1015. A motion to adjourn takes 
  precedence over a call of the House. 8 Cannon Sec. 2642.
      Under the modern practice, clause 5 is seldom used. It should be 
  read in light of rule XX clause 7(a), which precludes a point of order 
  of no quorum except when the Chair has put a question to a vote, and 
  clause 7(b), which gives the Speaker discretion to recognize for a 
  call of the House at any time. Manual Sec. Sec. 1027, 1028.

[[Page 744]]

  Sec. 14 . The Automatic Call

                                In General

      Under rule XX clause 6, a call of the House ensues whenever a 
  quorum fails to vote on any question that requires a quorum (assuming 
  that the House does not adjourn), if in fact a quorum is not present 
  and objection to the vote is made for that reason. The rule provides 
  for a call of the House and states that the yeas and nays on the 
  pending question ``shall at the same time be considered as ordered.'' 
  Manual Sec. 1025. 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. Deschler Ch 20 Sec. 2; 6 Cannon 
  Sec. 695.
      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. 
  Manual Sec. 1025; Deschler Ch 20 Sec. 4.2. 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, pursuant to rule XX clause 
  6, that a quorum is constituted; and he is not required to announce 
  his actual count. Manual Sec. 1025.
      Although arrest of Members is rare in modern practice, Members who 
  do not respond to the call are subject to arrest by the Sergeant-at-
  Arms. See Sec. 19, infra.
      The Speaker is authorized to declare that a quorum is constituted 
  if those voting on the question, together with those who are present, 
  make up a majority of the House. Manual Sec. 1025. Such a declaration 
  dispenses with further proceedings. See Sec. 20, infra. The pending 
  question is then decided by a majority of those voting, a quorum being 
  present. Manual Sec. 1025.

                             Invoking the Call

      The automatic call of the House under rule XX clause 6 may be 
  invoked by a Member who rises following the announcement of the result 
  of a vote to state:

      Mr. Speaker, I object to the vote on the ground that a quorum is 
    not present and make a point of order that a quorum is not present.

  If no Member rises to object that a record vote discloses that a 
  quorum is not present, the Speaker, on his own initiative, must 
  declare the absence of a quorum, thereby invoking the automatic call. 
  Deschler Ch 20 Sec. 2.

      The automatic call does not apply when the House is voting on some 
  question that does not require a quorum, such as a motion incidental 
  to a

[[Page 745]]

  call of the House or a motion to adjourn decided in the affirmative. 
  Manual Sec. 1025; 4 Hinds Sec. 2994; 6 Cannon Sec. 681.


  Sec. 15 . Use of Electronic Equipment

                                In General

      The Speaker is authorized under rule XX clause 2(a) to use the 
  electronic equipment in the Chamber to record those voting on or 
  present for any quorum call. Manual Sec. 1014. The use of this 
  equipment is not mandatory. The Speaker has discretion, for example, 
  to direct the Clerk to call the roll where a quorum fails to vote on 
  any question and objection is made for that reason. Deschler Ch 20 
  Sec. 4.2. The Speaker also has the discretion under rule XX to direct 
  that the quorum call be taken by clerk tellers under clause 4 or by an 
  alphabetical call of the roll under clause 3, rather than by 
  electronic device. Deschler Ch 20 Sec. 4.1. These alternatives are 
  normally used when the electronic system is inoperable. Rule XX clause 
  2(b).

                               Response Time

      On a call of the House conducted by electronic device, the Members 
  have not less than 15 minutes to respond. Rule XX clause 2; Manual 
  Sec. 1014. 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.
      At the beginning of a new Congress, the Speaker has inserted in 
  the Congressional Record his announcement that, in order to expedite 
  the conduct of votes by electronic device, the cloakrooms were 
  directed not to forward to the Chair individual requests to hold a 
  vote or quorum call open. The Speaker has also announced that each 
  occupant of the Chair would have his full support in striving to close 
  each electronic vote or quorum call at the earliest opportunity and 
  that Members should not rely on signals relayed from outside the 
  Chamber to assume that votes or quorum calls will be held open until 
  they arrive. At the same time, the Chair will not close a vote or 
  quorum while a Member is in the well attempting to vote. At the 
  beginning of the 108th Congress, the Speaker instituted a new practice 
  of reminding Members when two minutes remain on the clock. Manual 
  Sec. 1014.


  Sec. 16 . Names Published and Recorded on a Call

      Under rule XX clause 2(a), the names of those Members who respond 
  to a quorum call are entered in the Journal and published in the 
  Congressional Record. Manual Sec. 1014. When the call is taken by 
  clerks, the clerks record the names of those present and note the 
  names of absentees. Manual

[[Page 746]]

  Sec. 1019. Members responding to a quorum call ordered on motion under 
  rule XX clause 5 must report their names to the Clerk to be entered on 
  the Journal. Manual Sec. 1021. When an automatic call of the House 
  ensues under rule XX clause 6, Members brought in by the Sergeant-at-
  Arms are noted as present. Manual Sec. 1025.
      Under rule XX clause 4(b), any Member may demand, or the Speaker 
  may require, that the names of those Members not voting be noted by 
  the Clerk, recorded in the Journal, and reported to the Speaker, along 
  with the names of those Members voting, in determining the presence of 
  a quorum. Manual Sec. 1020. The Speaker may direct the Clerk to note 
  the names of Members under this rule even on a vote 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 XVIII 
  clause 6. That rule permits two kinds of quorum calls in the 
  Committee, to wit: a ``regular'' quorum call and a ``notice'' or 
  ``short'' quorum call. Manual Sec. 982.
      A ``regular'' quorum call is initiated under rule XVIII clause 
  6(a). That rule sets forth the circumstances under which the Chair is 
  to invoke the procedures normally available to the Speaker for quorum 
  calls in the House under the applicable provisions of rule XX. 
  Specifically, rule XX clause 2(a) allows at least 15 minutes for 
  Members to respond and requires the publication of the names of those 
  Members answering present. Manual Sec. 1014; generally, see 
  Sec. Sec. 15, 16, supra.
      A ``notice'' or ``short'' quorum call is permitted under rule 
  XVIII clause 6(c). That provision permits the Chair, at any time 
  during a call, subject to his prior announcement, to determine and 
  declare that a quorum is present. Proceedings under the call are then 
  considered vacated, and the Committee resumes its business. This 
  provision permits the Chair 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 Chair to convert to a 
  regular quorum call in the event that a quorum does not appear. The 
  Chair need not convert to a regular quorum call precisely at the 
  expiration of 15 minutes if a quorum (100 Members) has 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 rule XX clause 2(a). Manual 
  Sec. 982.

[[Page 747]]

                               When in Order

      Under rule XVIII clause 6(a), the first time that a Committee of 
  the Whole finds itself without a quorum on a day, the Chair must 
  invoke one of the quorum call procedures that are available to him 
  under rule XX. Thereafter, quorum calls are permitted only during 
  proceedings under the five-minute rule when the Chair has put a 
  pending question to a vote. A point of order of no quorum during 
  general debate is permitted only at the discretion of the Chair. 
  Manual Sec. 982.

                             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 Chair has the discretion to 
  effect the call by an alphabetical call of the roll or by clerk 
  tellers. Rule XVIII clause 6(a), which incorporates by reference rule 
  XX clauses 2, 3, and 4(a). Thus, the Chair may direct that a 
  ``notice'' quorum call be conducted pursuant to the provisions of rule 
  XX clause 4(a)--by depositing quorum tally cards with clerk tellers--
  in lieu of conducting the call by electronic device or a call of the 
  roll. Deschler-Brown Ch 30 Sec. 31.9.
      The so-called automatic call authorized by rule XX clause 6 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 Chair reports the names 
  of absentees to the House only in the event that a quorum fails to 
  respond to the quorum call under rule XVIII clause 6.


  Sec. 18 . Motions in Order During the Call

                                 Generally

      With the exception of the motion to adjourn, the only motions in 
  order during a call of the House are those in furtherance of the 
  effort to secure a quorum. 6 Cannon Sec. 682. Motions held not in 
  order include:

     Motion to recess. 4 Hinds Sec. Sec. 2995, 2996.
     Motion to dispense with further proceedings under the call. 4 
         Hinds Sec. 2992.
     Motion to excuse Members from voting. 4 Hinds Sec. 3007.
     Motion relating to deductions from the pay of Members. 4 Hinds 
         Sec. 3011.


[[Page 748]]



  Motions that are intended to secure a quorum and therefore in order 
  during the call of the House include:

     Motion that the Speaker issue warrants for the arrest of 
         absent Members. 6 Cannon Sec. 681.
     Motion that the Sergeant-at-Arms take absent Members into 
         custody. 4 Hinds Sec. 3029; 6 Cannon Sec. 685.
     Motion that the Sergeant-at-Arms report progress in securing a 
         quorum. 6 Cannon Sec. 687.
     Motion for the previous question on a proposition incident to 
         a call of the House. 5 Hinds Sec. 5458.
     Motion to reconsider a vote incident to a call of the House. 5 
         Hinds Sec. Sec. 5607, 5608.

                            Motions to Adjourn

      The motion to adjourn takes precedence over a call of the House. 
  Deschler Ch 20 Sec. Sec. 8.14, 8.15. The vote on the motion is taken 
  before the call of the House, even when the motion for the call was 
  offered but not finally agreed to before 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. Deschler Ch 
  20 Sec. Sec. 8.22, 8.23. The motion to adjourn may not be entertained 
  during the call. However, 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.
      Rule XX clause 6, which authorizes automatic votes by the yeas and 
  nays, permits the House to adjourn in the absence of a quorum and 
  before a call of the House. Clause 6(c) gives the Speaker discertion 
  to recognize a motion to adjourn after the vote has been completed but 
  before the result has been announced if the motion has been seconded 
  by a majority of those present, to be ascertained by actual count of 
  the Speaker. Manual Sec. 1025.


  Sec. 19 . Securing Attendance; Arrests

                          Under Rule XX Clause 6

      The attendance of absent Members may be secured under rule XX 
  clause 6, which provides for the automatic vote by the yeas and nays. 
  Under this rule, the Sergeant-at-Arms ``shall proceed forthwith'' 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. 1025. Compulsory attendance or arrest 
  has been rare in the modern practice.

[[Page 749]]

      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 Sec. Sec. 3045-3048. 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). However, to 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 (6 Cannon Sec. Sec. 680, 702), he usually does not do so without 
  House authorization (Deschler Ch 20 Sec. 5.10). The warrant takes the 
  following form (4 Hinds Sec. 3041):

      To __________, Sergeant-at-Arms of the House of Representatives, 
    or his deputies:
      Whereas rule XX clause 6 of the House of Representatives provides 
    as follows: ________________
      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. 4 Hinds Sec. 3044.

                          Under Rule XX Clause 5

      The use of the Office of the Sergeant-at-Arms to procure the 
  presence of Members in the Chamber also is permitted by rule XX clause 
  5, which authorizes the Speaker to recognize a motion, which requires 
  15 Members to adopt, to compel the attendance of absent Members. 
  Sec. 13, supra. Under the rule, a majority of those present, numbering 
  at least 15 Members, 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. Sec. 1021, 1023. 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

[[Page 750]]

  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 Sec. Sec. 3032-3034.

      The motion for the arrest of absentees is in the form of an order 
  to the Sergeant-at-Arms, as follows (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 XX clause 5, has no authority to compel the attendance of absent 
  Members. Deschler Ch 20 Sec. 5.9. A motion that 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. In that case, no timely point of 
  order was raised against the motion due to lack of a quorum. 
  Therefore, the motion was held to be binding on the Speaker and other 
  Members. 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.
      Under the modern practice, clause 5 is seldom used. It should be 
  read in light of rule XX clause 7(a), which precludes a point of order 
  of no quorum except when the Chair has put a question to a vote, and 
  clause 7(b), which gives the Speaker discretion to recognize for a 
  call of the House at any time. Manual Sec. Sec. 1027, 1028.

                   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,'' 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. Manual Sec. 380; 
  Deschler Ch 20 Sec. 6. Rule XX clause 4, adopted in 1972, states that 
  ``the doors may not be closed except when ordered by the Speaker'' 
  pursuant to a quorum call. Manual Sec. 1019. The precursor of this 
  rule gave the Speaker the discretion, in securing a

[[Page 751]]

  quorum, to order the doors closed or even locked. Deschler Ch 20 
  Sec. 6.2 (note).
      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. However, in one 
  instance the doors were locked ``until disposition of the pending 
  business'' (the reading of the Journal). This action was taken by 
  order of the House rather than by order of the Speaker. Deschler Ch 20 
  Sec. 6.5. In 1968, Speaker McCormack 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.


  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. Under the modern practice, rule XX 
  clause 7(b) eliminates the motion to dispense with further proceedings 
  under a call of the House following establishment of a quorum. Manual 
  Sec. 1028. 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 
  unless the Speaker in his discretion recognizes for a motion to compel 
  the attendance of Members under rule XX clause 5(b).


[[Page 753]]

 
               CHAPTER 44 - READING, PASSAGE, AND ENACTMENT

                              HOUSE PRACTICE

  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. -- 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 Sec. Sec. 3364-3481
          7 Cannon Sec. Sec. 1027-1083
          Deschler Ch 24 Sec. Sec. 11-16
          Manual Sec. Sec. 104, 105, 396, 397, 497, 498, 573-577, 941, 
            944

  Sec. 1 . In General; Stages in Passage

      The various steps in the usual legislative process begin with the 
  introduction of a bill and include its referral to committee, 
  committee consideration, reporting of the measure to the House, and 
  consideration and debate in the House or the Committee of the Whole 
  (where the first and second readings occur). These matters are covered 
  elsewhere in this work. See Introduction and Referral; Committees; 
  Committees of the Whole;  and Consideration and Debate.
      The following checklist describes the steps beginning with the 
  ordering of the previous question on passage of a bill through its 
  enactment 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

[[Page 754]]

  amendment or amendments, including any reported from the Committee of 
  the Whole. If the previous question is not ordered, the bill and any 
  amendments thereto are open to further debate and possible further 
  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, 
  but such separate votes are not actually taken until after the House 
  votes on any remaining amendments en bloc. Manual Sec. 337; Deschler 
  Ch 27 Sec. 36.20. A Member cannot demand a separate vote on an 
  amendment rejected in the Committee of the Whole. Deschler Ch 27 
  Sec. 36.12.

     Question put en gros on those amendments on which a separate 
         vote was not demanded.

     Question put on each amendment on which a separate vote was 
         demanded.

      Note: Votes are normally taken in the order in which the amendment 
  appears in the bill. However, if amendments have been considered under 
  a special rule prescribing the order for their consideration, the 
  amendments are voted on in the order in which they were considered in 
  Committee of the Whole. Manual Sec. 337; see also Amendments.

     Question put on engrossment and third reading (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. 941. The question 
  is ordinarily approved by voice vote. However, a record vote may be 
  ordered, and a negative vote rejects the bill. On Senate bills the 
  question is put on the third reading. However, the question on 
  engrossment is not put because such bills are engrossed by the Senate. 
  For 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 offered.

      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, ends further consideration of the bill) or a 
  motion to recommit with instructions. Manual Sec. Sec. 1001, 1002. The 
  motion may

[[Page 755]]

  instruct the committee to report the bill back to the House 
  ``forthwith'' with an amendment. However, the motion may include 
  general instructions, such as instructing the committee to report 
  ``promptly.'' A motion with general instructions also ends further 
  consideration of the bill. Only one proper motion may be considered. 
  See Refer and Recommit.

     Question put on ordering the 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 Sec. Sec. 916, 917, 
  1001, 1002. This comports with the House rule giving precedence to the 
  motion for the previous question over the motion to amend. Manual 
  Sec. 911. If the previous question is rejected, and an amendment is 
  offered, the previous question is again moved on the amendment and the 
  motion (as amended).

     Question put on motion to recommit (as amended or not).

      Note: If recommitted, the bill is reported back ``forthwith'' with 
  amendments, the amendments are adopted, and the vote recurs on 
  engrossment and third reading.

     Question put on passage of bill.

      Note: As a general rule, after a bill is passed there can be no 
  further alteration of it. The Clerk may be authorized by unanimous 
  consent to make technical and conforming changes in the engrossment. 
  Manual Sec. 500.

     Amendment to title of bill.

      Note: An amendment to the title is not in order until after the 
  bill itself is passed and is not debatable. If the committee reported 
  the bill to the House with an amendment to the title, the amendment to 
  the title is adopted by unanimous consent initiated by the Chair. 
  Manual Sec. 922.

     Motion to reconsider.

      Note: The motion to reconsider may be used to revisit passage or a 
  step leading thereto. See Reconsideration. 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 a subsequent motion to 
  reconsider, and it is the accepted parliamentary mode of making the 
  vote in question final. In practice, the two motions often are made 
  simultaneously. 8 Cannon Sec. 2784. The Speaker himself often per

[[Page 756]]

  forms 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 engrossment is 
  attested by the Clerk of the House and transmitted to the Senate.

     Consideration of bill by Senate.

     Return of bill to House.

      Note: If a House bill is passed by the Senate without amendment, 
  the Senate messages the bill back to the House, where it is enrolled 
  at once under the supervision of the Clerk. Manual Sec. 648; see 
  Sec. 10, infra. If a House bill is returned with amendment, such 
  amendment is disposed of by unanimous consent, by motion to suspend 
  the rules, or by a special order. However, a Senate amendment not 
  requiring consideration in the Committee of the Whole is privileged, 
  as is a motion to disagree to the Senate amendment and request or 
  agree to a conference with the Senate (if offered by direction of 
  relevant committees). On very rare occasions, the Speaker has referred 
  a bill with Senate amendments to the House committee having 
  jurisdiction. Manual Sec. 816. For an explanation of House procedure 
  for consideration of Senate amendments, see Senate Bills; Amendments 
  Between the Houses and Manual Sec. Sec. 528-528d. For a discussion of 
  conferences, see Conferences between the Houses and Manual 
  Sec. Sec. 530-559.

     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 constitute 
  final congressional approval of the bill. The two Houses act seriatim 
  on the report, the House agreeing to the conference normally acting 
  first. However, a conference report ordinarily must be acted on as a 
  whole; that is, either adopted or rejected in its entirety. If the 
  conferees disagree on certain numbered amendments, the amendments are 
  submitted to each Chamber individually and acted upon separately. 
  Every amendment must be agreed to in identical form by both

[[Page 757]]

  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 special 
  paper (i.e., parchment; 1 USC Sec. 107) under the supervision of an 
  enrolling clerk. After its accuracy has been approved by the Clerk, an 
  enrolled bill is presented to the House and Senate, where it is signed 
  by the Speaker and the President of the Senate, respectively. Manual 
  Sec. 648; 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 the 
  President of the Senate, 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. The bill may also be subject to 
  a ``pocket veto'' if Congress, by final sine die adjournment, has 
  prevented its return. See Veto of Bills.

     Passage of bill over Presidential veto.

      Note: A veto override requires a vote of two-thirds by the yeas 
  and nays, 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 overridden there, 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 Statutes at Large, an annual volume that 
  compiles all bills that become law. An Act passed over the President's 
  veto is transmitted to the Archivist by the House last acting on it.


  Sec. 2 . Readings

      The reading of a bill is an essential step to 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.
      Rule XVI clause 8 provides that a bill or joint resolution must be 
  read three times. The first reading is by title; the second reading 
  for amendment in the Committee of the Whole is by paragraph or 
  section; and the third reading is by title. Manual Sec. 941. The 
  second, or full reading, is pursuant

[[Page 758]]

  to rule XVIII clause 5. The three readings referred to in rule XVI are 
  to be distinguished from the procedures involved in reading a bill for 
  amendment. See Amendments. In practical terms a ``first reading'' in 
  the Committee of the Whole contemplated in rule XVIII is in full, but 
  this reading ordinarily is dispensed with by special rule. The reading 
  for amendment by paragraphs or sections is the second actual reading 
  in the Committee of the Whole.
      Reading of papers in debate, see Consideration and Debate.


  Sec. 3 . -- First Reading

      Under rule XVI clause 8, the first reading of a bill in the House 
  is by title only. Manual Sec. 941. The first reading of a bill in the 
  Committee of the Whole is in full under rule XVIII clause 5. Manual 
  Sec. 978. Formerly, a bill was read the first time by title at the 
  time of its introduction before the House. However, 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 the 
  Congressional Record, thus fulfilling the purpose of the former first-
  reading rule. Manual Sec. 942.


  Sec. 4 . -- Second Reading

                                 Generally

      The second reading in the Committee of the Whole is required by 
  rule XVIII clause 5. That reading is normally by paragraph or section. 
  Manual Sec. 980. Rule XVI clause 8 has no provision for a second 
  reading in the House. Therefore, in the House, bills are considered 
  read a second time when they are taken up for action.
      The Clerk, and not Chairman of the Committee of the Whole, reads 
  bills the second time. Manual Sec. 428. If consideration of the bill 
  is not completed on the day it is called up, the bill is read by title 
  when it is called up on subsequent days.

           Demanding a Reading in Full; Dispensing with Readings

      Although rule XVIII clause 5(a) requires a full reading of a bill 
  (which may be demanded by any Member) before general debate, in 
  practice verbatim readings are usually dispensed with by unanimous 
  consent, by suspension of the rules, or by special rule. Deschler Ch 
  24 Sec. 11; Deschler Ch 27 Sec. 7.1; Manual Sec. 942. Dispensing with 
  the reading is common practice.
      It has been held that a motion to dispense with the reading in 
  full is not in order. 8 Cannon Sec. Sec. 2335, 2436. The Committee of 
  the Whole may

[[Page 759]]

  dispense with the reading by motion if the motion is made privileged, 
  as by a special rule. Deschler Ch 24 Sec. 11.1 (note).

                    Measures Subject to Reading in Full

      Rule XVI clause 8 requires a reading ``in full'' only of ``bills 
  and joint resolutions.'' However, the rule traditionally has been 
  extended to privileged concurrent and simple resolutions as well. Such 
  resolutions include adjournment resolutions, questions of privilege, 
  and special rules reported by the Committee on Rules. See, e.g., 
  Manual Sec. 700. A concurrent or simple resolution called up by 
  unanimous consent is not read in full; rather, only the title is read. 
  When a measure is read in full, it is the text as originally 
  introduced that is read. Proposed committee amendments, including 
  those in the nature of a substitute, 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 introduced bill that is read. 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 under rule XVI clause 8 is by title 
  only and comes after the order for engrossment and before the question 
  on passage of the bill is put. Manual Sec. 941. The Speaker states: 
  ``The question is on the engrossment and third reading of the bill.'' 
  This is a pro forma question that is routinely approved by voice vote 
  just before the measure itself is put to a vote. However, a record 
  vote may be ordered on the question of engrossment and third reading. 
  If the question is decided in the negative, the bill is considered 
  rejected. 4 Hinds Sec. 3420.
      At one time a Member could demand a reading in full of the 
  engrossment, 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 
  engrossment. That term also refers to the process by which a bill is 
  engrossed; that is, printed on

[[Page 760]]

  special paper under the supervision of the Clerk. 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. Deschler Ch 24 Sec. 12.2.


  Sec. 7 . -- Correcting Errors in Engrossment

                 Before Transmittal of Bill to the Senate

      When the House has not messaged its legislative action to the 
  Senate, the House may, by unanimous consent, authorize the Clerk to 
  make changes 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 cross references, or to change 
  section numbers and make other technical changes. Deschler Ch 24 
  Sec. Sec. 12.10, 12.12. By unanimous consent the Clerk also may be 
  authorized to make designated substantive changes in the engrossment 
  of a bill just passed by the House. However, the Chair may require 
  that the changes be read by the Clerk. 99-1, Feb. 27, 1985, p 3888; 
  99-1, June 27, 1985, p 17875. In one instance, the House by unanimous 
  consent authorized the Clerk to engross in its introduced form a bill 
  recently passed in an amended form under suspension of the rules. 106-
  2, July 27, 2000, p ____.
      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 Sec. Sec. 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 has been used to correct the engrossment of 
  a House amendment to a Senate bill by deleting a provision 
  inadvertently included in the measure. 99-2, Oct. 9, 1986, p 30102.

[[Page 761]]

                    After Transmittal of Bill to Senate

      After a bill has been messaged to the Senate, the House must 
  request that the Senate return the bill for correction. The House 
  makes its request by resolution, which also authorizes the Clerk to 
  reengross the bill with specified changes. Deschler Ch 24 Sec. 12.5. 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. Manual Sec. 565; 3 Hinds Sec. 2613.
      Where both Houses have acted on the measure, a concurrent 
  resolution is required to effect changes in the final enrollment. See 
  Sec. 12, infra.


  Sec. 8 . -- Correcting Printing Errors; ``Star Prints''

      An engrossment may be ``star printed'' (that is, reprinted with a 
  star to indicate the reprinting) to rectify a typographical error made 
  by the Government Printing Office (GPO). This procedure is designed to 
  substitute a reprinted bill and to show 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 until both Houses have acted on the measure. 
  Thereafter, a concurrent resolution to correct an enrollment is used 
  to correct printing errors in a bill as reported from conference. 
  Deschler Ch 24 Sec. 14.7.


  Sec. 9 . Transmittal of Bills Between the Houses

      A bill, having passed one House and having been engrossed and 
  attested, is transmitted to the other House by message. Deschler Ch 24 
  Sec. 12.1. One House may message to the other a request to return a 
  bill for the correction of errors or otherwise. Manual Sec. 565; 3 
  Hinds Sec. 2613; 4 Hinds Sec. Sec. 3460-3465. A request of the Senate 
  for the return of a bill, if alleging an error in preparation, is 
  treated as privileged in the House. However, if not alleging error but 
  rather seeking a substantive change, such a request would require 
  unanimous consent. Manual Sec. 565. The question is put to the House 
  without debate unless debate is permitted under a reservation of the 
  right to object. 95-1, Aug. 3, 1977, p 26538. 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. 91-1, July 10, 1969, p 19095.

[[Page 762]]

  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 final 
  version--called the enrolled bill--is prepared. If the bill originated 
  in the House, it is enrolled under the supervision of the Clerk. 
  Manual Sec. 648. The enrollment is printed on distinctive paper under 
  special supervision of the enrolling clerks of the House or the 
  Senate. 1 USC Sec. 107; Deschler Ch 24 Sec. 14. This printing 
  requirement may be waived by the enactment of a joint resolution, or, 
  during the last six days of the session, by the adoption of a 
  concurrent resolution. 1 USC Sec. 106; Manual Sec. 574. 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 Sec. Sec. 11-
  13, infra. If approved by the President, the measure is sent to the 
  National Archives. 1 USC Sec. 106a.
      It has been held that the validity of an enrolled bill signed by 
  the President 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 U.S. 649 (1892).


  Sec. 11 . -- Certification and Signing

                        Approval and Certification

      A House enrolled bill or joint resolution must be approved as to 
  form and accuracy by the Clerk, although this requirement on rare 
  occasions has been waived by unanimous consent. Manual Sec. 648; 4 
  Hinds Sec. 3452. In addition, House-enrolled bills are certified by 
  the Clerk as having originated 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

      Ordinarily, 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 rule I clause 4, the Speaker 
  has standing authority to sign enrolled bills even if the House is not 
  in session; and bills passed at one session may be signed by the 
  Speaker at the next session. Manual Sec. 624; 7 Cannon Sec. 1075. The 
  Committee of the Whole may rise informally without motion to enable 
  the Speaker to assume the Chair to lay an enrolled bill before the 
  House. Manual Sec. 625.

[[Page 763]]

                    Signing by the Speaker Pro Tempore

      A Speaker pro tempore elected by the House may sign enrolled 
  bills. 2 Hinds Sec. 1401. Under rule I clause 8(b)(2), the Speaker may 
  appoint a Member to act as Speaker pro tempore only to sign enrolled 
  bills for a specified period of time, subject to the approval of the 
  House. However, a Member merely called to the Chair during the day or 
  designated by the Speaker for a purpose other than to sign enrolled 
  bills, may not exercise this function. 2 Hinds Sec. Sec. 1399, 1401; 6 
  Cannon Sec. 276.


  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. 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 before 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 or an error in the title of a bill. However, a 
  concurrent resolution may authorize the Clerk to make extensive 
  substantive changes. Deschler Ch 24 Sec. Sec. 14.5-14.7.
      Corrections in enrolled bills are normally made by the House that 
  originated the bill, but the concurrent resolution authorizing the 
  changes may originate in either House. Thus, the House may originate a 
  concurrent resolution directing the Secretary of the Senate to make 
  corrections in the enrollment of a Senate bill. Deschler Ch 24 
  Sec. 14.18.

                 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 by the 
  respective presiding officers, 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 so signed, the two Houses by 
  concurrent action may authorize the rescission or cancellation of the 
  signatures and a reenrollment. 4 Hinds Sec. Sec. 3453-3459; Deschler 
  Ch 24 Sec. 14.13. In the same way, signatures may be canceled on a 
  bill prematurely enrolled. 4 Hinds Sec. 3454; Deschler Ch 24 
  Sec. Sec. 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 
  also may direct the Clerk to reenroll the bill

[[Page 764]]

  with certain changes or to provide for its return to the Senate. 
  Deschler Ch 24 Sec. Sec. 14.9-14.11.

         Correction or Recall of Bills Delivered to the President

      Corrections or changes in enrolled bills that have been delivered 
  to the White House but not signed into law traditionally have been 
  effected by a concurrent resolution, considered by unanimous consent, 
  that requests the return of the bill and vacates 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 the 
  Secretary of the Senate, whichever is appropriate. 4 Hinds 
  Sec. Sec. 3507, 3508; Deschler Ch 24 Sec. Sec. 16.1-16.4. Bills 
  retrieved and 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 are presumed not to have been signed, by the President. 4 
  Hinds Sec. 3507 (note). Once a bill has been signed, it becomes law; 
  and changes in it can be effected only 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 was inadvertently omitted 
  during enrollment, the Congress immediately passed a joint resolution 
  amending the law to insert the omitted section. Deschler Ch 24 
  Sec. 14.19.

                        Consideration of Resolution

      Concurrent resolutions making corrections in an enrolled bill are 
  not privileged for consideration and are normally considered by 
  unanimous consent. See, e.g., Deschler Ch 24 Sec. 14.5. However, they 
  also may be considered under suspension of the rules (93-2, Aug. 5, 
  1974, p 26796), or under 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. Manual Sec. 855.


  Sec. 13 . Delivery of Measures to the President

                                   Bills

      The Constitution requires that every bill that passes the House 
  and the Senate 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

[[Page 765]]

  bills to the President. 4 Hinds Sec. 3432. However, in the later 
  practice, the Clerk of the House or the Secretary of the Senate has 
  responsibility for the enrollment of bills and for 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 Sec. Sec. 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. 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, with the exception of joint resolutions proposing 
  amendments to the Constitution. 4 Hinds Sec. 3375. Joint resolutions 
  proposing amendments to the Constitution require a two-thirds vote to 
  pass and are not sent to the President for his approval. Manual 
  Sec. 397; 4 Hinds Sec. 3483; 5 Hinds Sec. 7040. Such joint 
  resolutions, after passage by both Houses, are presented to the 
  Archivist. 1 USC Sec. 106b.

                          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. Concurrent resolutions 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.'' Manual 
  Sec. 396; 4 Hinds Sec. 3483.


[[Page 767]]

 
                           CHAPTER 45 - RECESS

                              HOUSE PRACTICE

  Sec. 1. In General
  Sec. 2. House Authorization; Motions
  Sec. 3. Duration of Recess
  Sec. 4. Purpose of Recess
        Research References
          5 Hinds Sec. Sec. 6663-6671
          8 Cannon Sec. Sec. 3354-3362
          Manual Sec. Sec. 586, 911, 913


  Sec. 1 . In General

      Under rule I clause 12(a), the Speaker may declare a recess ``for 
  a short time'' when no question is pending before the House. Under 
  rule I clause 12(b), the Speaker may declare an emergency recess when 
  notified of an imminent threat to the safety of the House. Recesses 
  also may be declared by the Speaker pursuant to authority granted by 
  the House by privileged motion. Sec. 2, infra. Recesses are not 
  permitted in the Committee of the Whole except with the permission of 
  the House. 5 Hinds Sec. Sec. 6669-6671; 8 Cannon Sec. 3357.
      Recess is to be distinguished from adjournment. Recesses are taken 
  during a legislative day, whereas adjournments normally are taken from 
  day to day and terminate 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 may be filed through the 
  hopper.
      Except for an emergency recess under rule I clause 12(b), a recess 
  may not interrupt a call of the roll or a recorded vote. 5 Hinds 
  Sec. Sec. 6054, 6055. The Speaker may not declare a recess during a 
  record vote, even though the House has previously given him authority 
  to declare a recess at any time. 5 Hinds Sec. 6054. However, when the 
  hour previously fixed for a recess arrived, the Chair declared the 
  House in recess during a division vote. 5 Hinds Sec. 6665.

[[Page 768]]

  Sec. 2 . House Authorization; Motions

      The House may authorize the Speaker to declare a recess by motion, 
  by unanimous consent, by suspension of the rules, or by special order. 
  Rule XVI clause 4; Manual Sec. Sec. 83, 586, 911, 913; Deschler Ch 21 
  Sec. 11.8. The authority may be for a single recess on a given day, 
  for several recesses subject to the call of the Chair, or for several 
  days. 104-1, Dec. 15, 1995, p 37107 (motion); 104-1, Dec. 21, 1995, p 
  38475 (special order). However, no recess declared by the Speaker or 
  authorized by the House alone can exceed three days (not including 
  Sundays) because that would violate the constitutional requirement for 
  Senate consent. U.S. Const. art. I, Sec. 5; see also Sec. 3, infra.
      The Speaker also may be authorized to declare a recess:

     At any time during the remainder of the day. 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.
     At any time on the legislative days 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. Deschler Ch 
         21 Sec. 11.8.

                       Motions to Authorize a Recess

      Rule XVI clause 4(c) permits the Speaker to entertain ``at any 
  time'' a motion authorizing him to declare a recess. The motion may be 
  adopted by simple majority vote. The motion differs from authority 
  granted by special orders, which require adoption of a resolution 
  reported by the Committee on Rules. Generally, see Special Orders of 
  Business.
      Rule XVI gives the motion for a recess a privileged status equal 
  to that of the motion to adjourn, which is a motion of the highest 
  precedence and privilege. Manual Sec. Sec. 911, 912; see Adjournment. 
  Before the adoption of this rule in 1991, the motion to authorize a 
  recess was not privileged in the House and could be entertained only 
  by unanimous consent (8 Cannon Sec. 3354), although a privileged 
  motion to recess was permitted by rule from 1880 to 1890 (8 Cannon 
  Sec. 3356).
      A motion to authorize the Speaker to declare a recess is not 
  debatable or amendable. Manual Sec. Sec. 911, 913.

                            Quorum Requirements

      A vote by the House to authorize the Speaker to declare a recess 
  requires a quorum. 4 Hinds Sec. Sec. 2955-2960. A request for a recess 
  cannot be entertained if the absence of a quorum has been declared. 4 
  Hinds Sec. 2958-

[[Page 769]]

  2960. However, 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 Sec. Sec. 6665, 6666.


  Sec. 3 . Duration of Recess

                                 Generally

      The Speaker may be authorized by the House to declare a recess to 
  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. 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. On occasion, upon the expiration of an overnight recess, 
  the House is called to order and the Chaplain offers the prayer. 104-
  1, Dec. 18, 1995, p 37310; 107-1, Sept. 12, 2001, p ____. However, 
  this is the exception rather than the rule.
      When a recess is declared, the bell and light system will so 
  indicate with six bells and six lights. Termination of a recess is 
  indicated by three bells and three lights.
      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, because neither 
  House may adjourn for more than three days without the consent of the 
  other. See Adjournment. Such adjournments are provided by concurrent 
  resolution, whereas adjournments of three days or less may be ordered 
  by the House alone. 94-1, Feb. 6, 1975, pp 2641, 2642.

                 Recess for a Short Time; Emergency 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. The Speaker has used this 
  authority to recess the House overnight. See, e.g., 106-2, Dec. 14, 
  2000, p ____; 107-1, May 3, 2001, p ____.
      The House stood in recess on the legislative day of September 11, 
  2001, from 9:52 a.m. on September 11 until 10:03 a.m. on September 12. 
  107-1, Sept. 11, 2001, p ____. As a result of the events of September 
  11, the House adopted rule I clause 12(b) in the 108th Congress. 
  Clause 12(b) authorizes the Speaker to declare an emergency recess 
  when notified of an imminent threat to the safety of the House.

[[Page 770]]

      The Speaker's declaration of a recess for a ``short time'' under 
  rule I clause 12 may follow his postponement of a question under rule 
  XX clause 8 because, after postponement, a question is no longer 
  pending before the House. Both postponement authority and clause 12 
  recess authority have become a familiar scheduling technique of the 
  majority leadership in the modern practice of the House.
      The customary inquiry by the Chair asking ``For what purpose does 
  the gentleman rise?'' does not immediately confer recognition, such 
  that a Member's mere revelation that he seeks to offer a motion to 
  adjourn does not suffice to make that motion ``pending'' so as to 
  prevent a declaration of a short recess. 105-1, Oct. 28, 1997, p ____.

                       Emergency Convening Authority

      During any recess or adjournment of not more than three days, if 
  the Speaker is notified by the Sergeant-at-Arms of an imminent 
  impairment of the place of reconvening, then he may, in consultation 
  with the Minority Leader, postpone the time for reconvening within the 
  three-day limit prescribed by the Constitution. In the alternative, 
  the Speaker, under the same conditions, may reconvene the House before 
  the time previously appointed solely to declare the House in recess 
  within that three-day limit. Rule I clause 12(c).


  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, p 5867.
     Await a conference report. 92-1, Dec. 14, 1971, pp 46884-88.
     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 that 
         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.

[[Page 771]]

     Receive former Members of the House in the Chamber. 95-2, May 
         19, 1978, p 14660.
     Permit Members to attend certain ceremonies. 93-2, Dec. 19, 
         1974, p 41604.
     Make preparations for a secret session of the House pursuant 
         to rule XVII clause 9. 96-1, June 20, 1979, p 15711.

      Recesses for many of the purposes outlined above, as well as for 
  unannounced purposes, are now accomplished under the Speaker's 
  authority to declare a short recess under rule I clause 12(a).
      Under rule I clause 12(b), the Speaker may declare an emergency 
  recess when notified of an imminent threat to the safety of the House, 
  even while business is pending.


[[Page 773]]

 
                         CHAPTER 46 - RECOGNITION

                              HOUSE PRACTICE

              A. Introduction; Power of Recognition

  Sec.  1. In General; Seeking Recognition
  Sec.  2. Power and Discretion of Chair
  Sec.  3. Limitations; Bases 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 Sec. Sec. 1419-1479; 5 Hinds Sec. Sec. 4978-5079
          6 Cannon Sec. Sec. 283-313; 8 Cannon Sec. Sec. 2448-2478
          Deschler-Brown Ch 29 Sec. Sec. 8-23
          Manual Sec. Sec. 354-357, 949-956, 958, 959, 966, 997


[[Page 774]]




                   A. Introduction; Power of Recognition


  Sec. 1 . In General; Seeking Recognition

      In order to address the House or to offer a motion or make an 
  objection, a Member first must secure recognition from the Speaker or 
  from the Chairman of the Committee of the Whole. Rule XVII clause 1; 
  Manual Sec. 945. Under the rule, the Chair has the power and 
  discretion to determine who will be recognized and for what purpose. 2 
  Hinds Sec. Sec. 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 may grant recognition for the specific purpose 
  indicated. Manual Sec. 953.

                     Duty to Rise and Remain Standing

      Members must seek recognition at the proper time in order to 
  protect their rights to make points of order or to offer amendments. 
  Deschler-Brown Ch 29 Sec. 20.25. A Member must be on his feet and must 
  address the Chair in order to be recognized and may not remain seated 
  at the committee table while engaging in debate. Deschler-Brown Ch 29 
  Sec. Sec. 8.4, 8.5. Although a Member controlling the floor in debate 
  must remain standing, 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. Deschler-Brown 
  Ch 29 Sec. 33.22.
      The mere placing of an amendment on the Clerk's desk does not 
  bestow recognition. Deschler-Brown Ch 29 Sec. 19.6. 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. 
  Deschler-Brown Ch 29 Sec. 8.17. A Member recognized in support of an 
  amendment may yield to another for a question or a brief statement, 
  but the Member must remain standing in order to protect his right to 
  the floor. Deschler-Brown Ch 29 Sec. 29.8.

                                   Form

      The language used to obtain the floor and to grant 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 Sec. 193. 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

[[Page 775]]

  Speaker'' or ``Madam Chairman'' is used. 6 Cannon Sec. 284.

      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 
  Sec. Sec. 289-291.

      Member: I rise to offer a motion to __________ (or raise other 
    stated business).
      Speaker (or Chairman): The Chair recognizes the gentleman (or 
    gentlewoman) from __________ (Member's State).

                     Recognition to Interrupt a Member

      A Member who wishes to interrupt another who has the floor must 
  obtain recognition from the Chair. Deschler-Brown Ch 29 Sec. 8.2. 
  However, in most cases, it is within the discretion of the Member 
  occupying the floor to determine when and by whom he shall be 
  interrupted. Manual Sec. Sec. 364, 946. 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. 
  Deschler-Brown Ch 29 Sec. 29.2.

                             Cross References

      Recognition is governed in specific instances and in specific 
  parliamentary situations by practices covered fully elsewhere in this 
  work; for example, Amendments; Previous Question; Refer and Recommit; 
  and Reconsideration. For the Speaker's announced policy of conferring 
  recognition for unanimous-consent requests for the consideration of 
  certain measures, see Unanimous-Consent Agreements.


  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 Sec. Sec. 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. Rather, the report 
  recommended that the Chair be free to exercise ``a wise and just 
  discretion in the interest of full and fair debate.'' 2 Hinds 
  Sec. 1424. Today rule XVII clause 2 gives the Chair the power and 
  discretion to decide who shall be recognized, and his decision is no 
  longer subject to appeal. Manual Sec. Sec. 949,

[[Page 776]]

  953; 8 Cannon Sec. Sec. 2429, 2646. There has been no appeal from a 
  decision of the Speaker on a question of recognition since 1881. 
  Manual Sec. 356.
      Of course, the recognition of particular Members often is governed 
  by the rules and precedents pertaining to the order of business or by 
  special rules from the Committee on Rules. See Sec. Sec. 3, 4, infra. 
  However, where matters of equal privilege are pending, the order of 
  their consideration is subject to the Speaker's discretionary power of 
  recognition. Deschler-Brown Ch 29 Sec. 9.55. It follows that, when 
  more than one Member seeks recognition to call up privileged business, 
  it is within the discretion of the Speaker whom he shall recognize. 
  Rule XVII clause 2; Deschler-Brown Ch 29 Sec. 9.56.
      Rule XIV clause 6, which provides that questions relating to the 
  priority of business are to be decided by a majority without debate, 
  may not be invoked to inhibit the Speaker's power of recognition. 
  Manual Sec. 884.


  Sec. 3 . Limitations; Bases for Denial

      The Speaker's power of recognition is subject to limitations 
  imposed by the rules, such as rule XVII clause 7 (prohibiting the 
  Chair from recognizing a Member to draw attention to gallery 
  occupants) and rule IV clauses 1 and 2 (restricting use of and 
  admission to the Hall of the House). Manual Sec. Sec. 677, 678, 966; 
  Deschler-Brown Ch 29 Sec. 11.10. The Chair's power of recognition also 
  is 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) and the Speaker's announced policy of conferring recognition 
  for unanimous-consent requests for the consideration of certain 
  measures (see Unanimous-Consent Agreements).


  Sec. 4 . Alternation in Recognition

                               In the House

      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. 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. Manual Sec. 955; 8 Cannon Sec. 2460.
      Absent a special rule making party affiliation pertinent, the 
  Chair alternates according to differences on the pending question 
  rather than according to political affiliation. 2 Hinds Sec. 1444. 
  Where the special rule allots control

[[Page 777]]

  of time to ``the chairman and the ranking minority member of the 
  committee'' (which is ordinarily the case in the modern practice) 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. However, a special rule that allots control of time 
  to those for and against a proposition does not necessarily require a 
  division between the majority and minority parties of the House but, 
  rather, a division between those actually favoring and opposing the 
  measure. 7 Cannon Sec. 766. Rules found in provisions of law 
  establishing procedures for overturning executive decisions normally 
  provide for equal division of time for debate between those favoring 
  and those opposing a proposition, without designating who should 
  control the time. Therefore, it is within the discretion of the Chair 
  to recognize a Member supporting and a Member opposing the measure. 
  Manual Sec. 1130; 7 Cannon Sec. 785.

                         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 to 
  alternate between those given control of debate time under a special 
  order, usually the chairman and ranking minority member. 7 Cannon 
  Sec. 875; Deschler-Brown Ch 29 Sec. 28.15.
      It is the usual practice in the Committee of the Whole, during 
  consideration of a measure under the five-minute rule, to alternate 
  between majority and minority members, giving priority to members of 
  the reporting committee in the order of seniority on the full 
  committee. Deschler-Brown Ch 29 Sec. 21.1. The Chair follows this 
  principle whether recognizing Members to debate a pending amendment or 
  to offer an amendment. Deschler-Brown Ch 29 Sec. 13.9. Because the 
  Chair normally has no knowledge whether specific Members oppose or 
  support the pending proposition, the Chair cannot strictly alternate 
  between both sides of the question. Deschler-Brown Ch 29 Sec. 25.14. 
  However, when an amendment is offered initially, rule XVIII clause 5 
  (the five-minute rule) contemplates that the five minutes allotted the 
  proponent is followed by recognition of a Member in opposition to the 
  amendment.


                    B. Right to Recognition; Priorities


  Sec. 5 . In General

      Rule XVII clause 2 directs the Speaker to ``name the Member who is 
  first to speak'' when two or more Members rise at once. The Speaker or

[[Page 778]]

  Chairman has the discretion to determine the order or sequence in 
  which Members will be recognized in debate. Manual Sec. 949; Deschler-
  Brown Ch 29 Sec. Sec. 9.2, 12.1, 19.20. However, the Chair's 
  determination of priorities is governed by many factors, such as 
  whether the pending proposition has been reported by a committee, 
  whether it is given priority or is privileged under the rules, and 
  whether the rules and practices of the House dictate a priority in 
  recognition. For example, in recognizing a Member for a motion to 
  recommit (who must qualify as being opposed to the bill), the Speaker 
  gives preference to the Minority Leader and then to minority members 
  of the committee reporting the bill in order of their rank on the 
  committee. Deschler Ch 23 Sec. 27.18; 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 priority in recognition 
  over nonmembers for debate on the bill. Manual Sec. Sec. 953, 955; 2 
  Hinds Sec. Sec. 1438, 1448; 6 Cannon Sec. Sec. 306, 307; Sec. 14, 
  infra. Members of the committee reporting a bill also have priority in 
  recognition to make points of order against proposed amendments to the 
  bill. Deschler-Brown Ch 29 Sec. 13.3.
      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. Deschler-Brown Ch 29 
  Sec. 13.12. They are entitled to priority in recognition, even over 
  the Member who introduced the bill. Deschler-Brown Ch 29 Sec. 13.13. 
  However, if the proposition has been brought directly before the House 
  independently of a committee, the proponent may be entitled to 
  priority in recognition for motions and debate. Sec. 10, infra.

                     Recognition of Committee Chairmen

      The chairman of the reporting committee usually has charge of the 
  bill and is entitled at all stages to priority in recognition for 
  allowable motions intended to expedite it. Deschler-Brown Ch 29 
  Sec. Sec. 12.2, 24. If the chairman is opposed to the bill, however, 
  he ordinarily yields priority in recognition to a member of his 
  committee who favors the bill. 2 Hinds Sec. 1449.

                  Priorities as Between Committee Members

      Recognition is extended to committee members on the basis of their 
  committee seniority, with the Chair alternating between members of the 
  majority and the minority. Deschler-Brown Ch 29 Sec. 13.25; Sec. 4, 
  supra. Where

[[Page 779]]

  opposition is relevant to recognition and no committee member rises in 
  opposition to the measure, any Member may be recognized in opposition. 
  7 Cannon Sec. 958.

                   Effect of Failure to Seek Recognition

      Although members of the committee reporting a bill under 
  consideration have preference in recognition, a member may lose such 
  preference if he does not seek recognition in a timely manner. 
  Deschler-Brown Ch 29 Sec. 13.13. The Chair may recognize another on 
  the basis that the committee member, though standing, is not actively 
  seeking recognition. Deschler-Brown Ch 29 Sec. 13.14.


  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. Rule XVII clause 3(a); Deschler-Brown Ch 29 
  Sec. 27.1. Preference in recognition is accorded to the manager over 
  other Members. Rule XVII clause 3(a); Deschler-Brown Ch 29 Sec. 24.1. 
  This priority in recognition of the Member in charge prevails in both 
  the House and in the Committee of the Whole. Rule XVII clause 3(a); 
  Deschler-Brown Ch 29 Sec. Sec. 12.10, 14.3.
      The Member in charge of the bill also is entitled at all stages to 
  priority in recognition for allowable motions intended to expedite the 
  bill, from the time of its first consideration to the time of 
  consideration of Senate amendments and conference reports. 2 Hinds 
  Sec. Sec. 1451, 1452, 1457; 6 Cannon Sec. Sec. 300, 301. For example, 
  the Member who has been recognized to call up a measure in the House 
  has priority in recognition to move the previous question thereon, 
  even over the chairman of the committee reporting that measure. Manual 
  Sec. 953.
      The fact that a Member has the floor on one matter does not 
  necessarily entitle him to priority in 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 to recognition. 5 Hinds Sec. Sec. 5391-5395. However, once 
  debate has begun, a Member may not deprive the Member in charge of the 
  floor by offering a debatable motion of higher privilege than the 
  pending motion. Manual Sec. 953; 2 Hinds Sec. Sec. 1460-1463; 6 Cannon 
  Sec. Sec. 297-299; 8 Cannon Sec. Sec. 2454, 3183, 3193, 3197, 3259.

[[Page 780]]

  Sec. 8 . Right to Open and Close General Debate

                                 Generally

      Rule XVII clause 3(a) provides that the Member reporting a measure 
  from a committee is entitled to open and close general debate on that 
  measure. Manual Sec. 958. Otherwise, rule XVII clause 3(b) precludes a 
  Member from speaking twice on the same question without leave of the 
  House. Manual Sec. 959. Under the modern practice, however, where a 
  special order 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. Manual Sec. 959. The minority member controlling one-
  half of the time must consume it or yield it back before the closing 
  of debate. Deschler-Brown Ch 29 Sec. 24.19. A majority manager of the 
  bill who represents the primary committee of jurisdiction is entitled 
  to close general debate (in this case, as against another manager 
  representing an additional committee of jurisdiction). Manual 
  Sec. 958.
      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. Deschler-Brown Ch 29 Sec. Sec. 7.3, 7.4.
      The right of the manager to open and close general debate under 
  rule XVII clause 3 is recognized in both the House and the Committee 
  of the Whole. Deschler-Brown Ch 29 Sec. 7.4.

                           Rights of Proponents

      The manager of a bill in control of the time, and not its 
  proponent, is ordinarily entitled to close general debate. Deschler-
  Brown Ch 29 Sec. 7.4. 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 ``sponsor'' and having 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 other ``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 for Motion to Close Debate

      In the Committee of the Whole, the Member managing the bill is 
  entitled to priority in recognition to move to close debate on a 
  pending amend

[[Page 781]]

  ment over other Members who desire to debate the amendment or to offer 
  amendments thereto. Deschler-Brown Ch 29 Sec. 78.9.

    Recognition of Manager of Bill for Closing Controlled Debate on an 
                                 Amendment

      Under rule XVII clause 3(c), a manager of a bill or other 
  representative of the committee in opposition to, and not the 
  proponent of, an amendment has the right to close debate on an 
  amendment on which debate has been limited and allocated under the 
  five-minute rule in Committee of the Whole, including a minority 
  manager. This principle prevails, even where the manager of the bill 
  is the proponent of a pending amendment to the amendment. Manual 
  Sec. 959.
      The Chair will assume that the manager of a measure controlling 
  time in opposition to an amendment is representing the committee of 
  jurisdiction, even where the measure called up is unreported, where an 
  unreported compromise text is made in order as original text in lieu 
  of committee amendments or where the committee reported the measure 
  without recommendation. 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. 
  Where the rule providing for the consideration of an unreported 
  measure designates managers who do not serve on a committee of 
  jurisdiction, those managers are entitled to close controlled debate 
  against an amendment thereto. The majority manager of the bill may be 
  recognized to control time in opposition to an amendment thereto, 
  without regard to the party affiliation of the proponent, where the 
  special order allocates control to ``a Member opposed.'' The right to 
  close debate in opposition to an amendment devolves to a member of the 
  committee of jurisdiction who derived debate time by unanimous consent 
  from a manager who originally had the right to close debate. The 
  proponent of a first-degree amendment who controls time in opposition 
  to a second-degree amendment that favors the original bill over the 
  first-degree amendment does not qualify as a ``manager'' within the 
  meaning of rule XVII clause 3(c) in opposing. Manual Sec. 959.

                   Recognition of Proponent of Amendment

      Under certain circumstances, the proponent of an amendment may 
  close debate where he is not opposed by a manager. For example, the 
  proponent may close debate where neither a committee representative 
  nor a Member assigned a managerial role by the governing special order 
  opposes the amendment. Where a committee representative is allocated 
  control of time in opposition to an amendment, not by recognition from 
  the Chair but by

[[Page 782]]

  a unanimous-consent request of a third Member who was allocated the 
  time by the Chair, then the committee representative is not entitled 
  to close debate as against the proponent. Similarly, the proponent of 
  the amendment may close debate where no representative from the 
  reporting committee opposes an amendment to a multijurisdictional 
  bill; where the measure is unreported and has no ``manager'' under the 
  terms of a special rule; or where a measure is being managed by a 
  single reporting committee and the Member controlling time in 
  opposition, though a member of a committee having jurisdiction over 
  the amendment, does not represent the reporting committee. Manual 
  Sec. 959.


                  C. Recognition on Particular Questions


  Sec. 10 . In General; As to Bills

      Under a practice of long standing, special rules give control of 
  general debate in the House or in the Committee of the Whole to the 
  chairman and ranking minority member of the reporting committee(s), 
  and recognition is extended accordingly. 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, who may either be informally designated during a 
  temporary absence upon informing the Chair or who may be formally 
  designated by unanimous consent for the remainder of the debate. 
  Deschler-Brown Ch 29 Sec. 9.4. If, on the other hand, the proposition 
  has been brought directly before the House independently of a 
  committee, the proponent who calls up the measure is entitled to 
  priority in recognition for motions and debate. 2 Hinds 
  Sec. Sec. 1446, 1454; 8 Cannon Sec. 2454.
      For a discussion of recognition to offer amendments, see 
  Amendments. For a discussion of recognition for parliamentary 
  inquiries and points of order, see Points of Order andParliamentary 
  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 priority in recognition for the purpose of managing 
  the bill. Deschler-Brown Ch 29 Sec. 27.5. For a discussion of 
  recognition of Members for debate on the motion, see rule XV clause 2; 
  Manual Sec. 892; 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. Deschler-Brown Ch 
  29 Sec. 25.16.

[[Page 783]]

                  Measures Called Up by Unanimous Consent

      Where a measure is called up in the House 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 a motion for the previous question 
  is rejected. Deschler-Brown Ch 29 Sec. 24.24. By contrast, a measure 
  called up in the House as in the Committee of the Whole is considered 
  under the five-minute rule.
      For the Speaker's policy of conferring recognition for unanimous-
  consent requests for the consideration of certain measures, see 
  Unanimous-Consent Agreements and Committees of the Whole.


  Sec. 11 . For Motions

      As noted in section 7, supra, the Member in charge of a bill is 
  entitled at all stages to priority in recognition for allowable 
  motions intended to expedite the bill, subject to a determination by 
  the Chair that another Member has a motion of higher precedence. Thus, 
  where one Member moves a call of the House, and another Member 
  immediately moves to adjourn, the Chair will recognize the latter 
  because the motion to adjourn is of higher privilege. 8 Cannon 
  Sec. 2642. If a preferential motion is debatable, a Member must offer 
  it before the other Member has begun debate. This is so because 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 preferential motion has been 
  recognized. 2 Hinds Sec. 1435. 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. The fact that the 
  Member may have been standing at that time is not sufficient to secure 
  recognition. Deschler-Brown Ch 29 Sec. 8.19. Moreover, the mere offer 
  of a motion does not confer recognition. Where another Member has 
  shown due diligence, he may be recognized. Deschler-Brown Ch 29 
  Sec. 23.2.
      For treatment of recognition to offer particular kinds of motions, 
  see Previous Question, Suspension of Rules, Unanimous-Consent 
  Agreements, and other chapters dealing with specific motions.

[[Page 784]]

  Sec. 12 . Of Opposition After Rejection of Motion

                                 Generally

      Where an essential motion by the Member in charge of a measure is 
  defeated, the right to priority in recognition passes to a Member 
  opposed, as determined by the Speaker. Manual Sec. 954; 2 Hinds 
  Sec. Sec. 1465-1468; Deschler-Brown Ch 29 Sec. 15.6. Thus, where a 
  motion for the previous question is rejected on a pending resolution, 
  the Chair recognizes the Member he perceives to have led the 
  opposition to that motion. 6 Cannon Sec. 308; Deschler-Brown Ch 29 
  Sec. 15.11. Recognition of that Member is not precluded by the fact 
  that was previously recognized and offered an amendment that was ruled 
  out on a point of order. 91-1, Jan. 3, 1969, p 27.
      The principle that the defeat of an essential motion offered by 
  the Member in charge causes recognition to pass to the opposition is 
  applicable in the following instances:

     House rejects a motion to lay an adversely reported resolution 
         of inquiry on the table. Deschler-Brown Ch 29 Sec. 15.3.
     House rejects a motion for the previous question on a 
         resolution reported from the Committee on Rules. Deschler-Brown 
         Ch 29 Sec. 15.14.
     House rejects a motion for the previous question on a 
         resolution relating to the seating of a Member-elect. Deschler-
         Brown Ch 29 Sec. 15.15.
     House rejects a motion for the previous question on a 
         resolution to discipline a Member of the House. 6 Cannon 
         Sec. 236.
     House rejects a motion for the previous question on a 
         resolution providing for adoption of rules. 6 Cannon Sec. 308.
     House rejects a motion for the previous question on a motion 
         to recommit. 107-2, Feb. 27, 2002, p ____.
     House rejects a motion to dispose of a Senate amendment 
         reported from conference in disagreement. Manual Sec. 954. 
         (Recognition passes to opposition for disposition of that 
         Senate amendment only.)
     Committee of the 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. 8 Cannon Sec. 2629.

      The principle that recognition passes to a 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. Deschler-Brown Ch 29 
  Sec. 15.2. The mere defeat of an amendment proposed by the Member in 
  charge does not always cause the right to priority in recognition to 
  pass to the opponents. 2 Hinds Sec. 1478. In any case, the recogni

[[Page 785]]

  tion for a motion by a Member in opposition may be preempted by a 
  motion of higher precedence. Manual Sec. 954.

    Effect of Rejection of Motion for Previous Question on Conference 
                 Report or Rejection of Conference Report

      The right to priority in recognition ordinarily passes to a Member 
  of the opposition when the House refuses to order the previous 
  question on a conference report, because control passes to the 
  opposition upon rejection of the motion for the previous question. 2 
  Hinds Sec. Sec. 1473, 1474; 5 Hinds Sec. 6396. However, the 
  invalidation of a conference report on a point of order, although 
  equivalent to its rejection by the House, does not give the Member 
  raising the question of order the right to the floor and exerts no 
  effect on the right to recognition. 6 Cannon Sec. 313; 8 Cannon 
  Sec. 3284. 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. 
  Manual Sec. 954; 2 Hinds 1477.


  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 XIII clause 6(d). Manual Sec. 861. 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. Deschler-
  Brown Ch 29 Sec. 18.13. Where a special rule has been reported by the 
  committee and has not been called up within the seven legislative days 
  specified by clause 6(d), recognition to call it up may be extended to 
  any member of that committee, including a minority member. Deschler-
  Brown Ch 29 Sec. 18.13. The Member calling up the resolution must have 
  announced his intention one calendar day before seeking recognition. 
  See Manual Sec. 861. Because calling up such a resolution is 
  privileged, the Speaker would be obliged to recognize for this purpose 
  unless another matter of equal privilege was proposed, in which case 
  the order of consideration would be determined pursuant to the 
  Speaker's discretionary power to grant recognition. Deschler-Brown Ch 
  29 Sec. 9.55.

                          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. Deschler-Brown 
  Ch 29 Sec. 24.26. He need not have the specific authorization of the 
  committee to offer an

[[Page 786]]

  amendment. Manual Sec. 858. He is recognized for a full hour, 
  notwithstanding the fact that he previously has called up the 
  resolution and withdrawn it after debate. Deschler-Brown Ch 29 
  Sec. 18.17. Other Members may be recognized only if yielded time. 
  Deschler-Brown Ch 29 Sec. 29.23. The resolution is not subject to 
  amendment from the floor by another Member unless the Member in charge 
  yields for that purpose or the House rejects a motion for the previous 
  question. 6 Cannon Sec. 309; Deschler-Brown Ch 29 Sec. 30.5.
      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 25575.


  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 discretion of the Chair 
  and cannot be challenged on a point of order. Deschler-Brown Ch 29 
  Sec. 9.6. The Chair does not anticipate the order in which amendments 
  may be offered nor does he declare in advance the order in which he 
  will recognize Members proposing amendments. Deschler-Brown Ch 29 
  Sec. 21.3. The Chair endeavors to alternate recognition to offer 
  amendments between majority and minority Members (giving priority to 
  committee members). Manual Sec. 980. Of course, if a special rule 
  reported from the Committee on Rules specifies those Members who are 
  to control debate, the Chair will extend recognition accordingly. 
  However, 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 the Committee on Rules, 
  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. Under the modern 
  practice, special orders often provide discretionary priority in 
  recognition to Members who have preprinted their amendments in the 
  Congressional Record. See, e.g., 107-2, H. Res. 428, May 22, 2002, p 
  ____. 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

      Committee amendments to a pending section are considered before 
  the Chair entertains amendments from the floor. Deschler Ch 27 
  Sec. Sec. 26.1-26.3. When entertaining amendments from the floor 
  during the five-minute rule, the Chair follows certain guidelines as a 
  matter of long-standing custom.

[[Page 787]]

   Among them is that recognition is first accorded to members of the 
  committee reporting the bill over Members of the House who are not on 
  that committee. Deschler-Brown Ch 29 Sec. 21.1. Thus, the Chair 
  normally will 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 have been recognized 
  separately to debate the original amendment. Deschler-Brown Ch 29 
  Sec. 13.20. Members of the committee reporting a pending bill are 
  entitled to priority in recognition over noncommittee members, without 
  regard to their party affiliation. Thus the Chair may accord priority 
  in recognition to minority members of the reporting committee over 
  majority noncommittee members to offer amendments. Deschler-Brown Ch 
  29 Sec. 13.11.

                  Priorities as Between Committee Members

      In bestowing recognition under the five-minute rule, the Chair 
  gives preference to the chairman and ranking minority member of the 
  committee reporting the bill under consideration. Deschler-Brown Ch 29 
  Sec. 12.12. Thereafter, the Chair endeavors to alternate between 
  majority party and minority party members of the reporting committee. 
  Manual Sec. 981. Priority in recognition to offer amendments is 
  extended to members of the full committee reporting the bill, and the 
  Chair does not accord priority in recognition to members of the 
  subcommittee that considered the bill over other members of the full 
  committee. Deschler-Brown Ch 29 Sec. 13.6. However, in five-minute 
  debate on appropriation bills the Chair may, in his discretion, 
  recognize members of the subcommittee handling the bill first, and 
  then recognize members of the full Committee. Deschler-Brown Ch 29 
  Sec. 12.8.
      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. Deschler-
  Brown Ch 29 Sec. 12.3. However, 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. 
  Deschler-Brown Ch 29 Sec. 21.8.


  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 rec

[[Page 788]]

  ognition applied under the five-minute rule are considered abrogated. 
  Deschler-Brown Ch 29 Sec. 22.14. Decisions regarding recognition 
  during the remaining time, a division of time not having been ordered 
  as part of the limitation, are largely within the discretion of the 
  Chair. Deschler-Brown Ch 29 Sec. 22.15. 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 (which has become the prevailing practice). Manual Sec. 987. The 
  order in which the Chair recognizes Members desiring to speak also is 
  subject to his discretion. He may take into account such factors as 
  their committee status, whether they have amendments at the desk, and 
  their seniority. Deschler-Brown Ch 29 Sec. 22.12. 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. Deschler-Brown Ch 29 Sec. 22.13.
     Divide the time equally among all those Members who were on 
         their feet seeking recognition, whether or not they have 
         previously spoken to the question. Deschler-Brown Ch 29 
         Sec. 22.9.
     Recognize Members wishing to offer amendments and those 
         opposed to the amendments. Deschler-Brown Ch 29 Sec. 22.15.
     Divide the time between the majority and minority managers of 
         the bill. Deschler-Brown Ch 29 Sec. 79.71.
     Allocate time on an amendment between the proponent and an 
         opponent thereof, to be yielded by them. Deschler-Brown Ch 29 
         Sec. 24.29.
     Recognize first those Members wishing to offer amendments 
         after having equally divided the time among all Members 
         desiring to speak. Manual Sec. 987.
     Recognize during remaining 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. Deschler-Brown Ch 29 
         Sec. 25.10.
     Allocate 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. Deschler-Brown 
         Ch 29 Sec. 79.78.
     Continue to recognize Members under the five-minute rule 
         (usually where the time remaining for debate is fixed at a 
         longer period, such as an hour and a half, and is subject to 
         any subsequent limitations on time ordered on separate 
         amendments when offered). Deschler-Brown Ch 29 Sec. Sec. 79.32, 
         79.46.

[[Page 789]]

     Continue to recognize Members under the five-minute rule but 
         subsequently divide any remaining debate time among those 
         Members standing and reserve some time for the committee to 
         conclude debate. Deschler-Brown Ch 29 Sec. 79.125.
     Reallocate remaining time, after intial allocation, among 
         Members who have not spoken or proceed again under the five-
         minute rule. Deschler-Brown Ch 29 Sec. 22.43.


  Sec. 16 . As to House-Senate Conferences

                     Recognition to Seek a Conference

      A motion to send a measure to conference is authorized by rule 
  XXII clause 1. Manual Sec. 1070; 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. 
  Deschler-Brown Ch 29 Sec. 17.1. 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. Manual Sec. 1070.
      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 if that member seeks recognition to offer 
  the motion after the request or motion to go to conference is agreed 
  to and before the Speaker's appointment of conferees. Deschler-Brown 
  Ch 33 Sec. 11.1. Where two minority members of the committee that has 
  reported a bill seek recognition to offer a motion to instruct 
  conferees pending their appointment by the Speaker, the Chair will 
  recognize the senior minority member of that committee. Manual 
  Sec. 541.
      If a motion for 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. 
  Deschler Ch 23 Sec. 23.7.
      Recognition for debate and control of debate time on a motion to 
  instruct, see Conferences Between the Houses.

[[Page 790]]

                       Calling Up Conference Reports

      A conference report normally is 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 in fact was opposed to it. Deschler-Brown Ch 29 
  Sec. 17.7. If the senior House conferee cannot be present on the floor 
  to call up the report, the Speaker may recognize a junior majority 
  member of the conference committee. Deschler-Brown Ch 29 Sec. 27.6. 
  The Speaker also may extend recognition to call up the report to the 
  conferee who is chairman or ranking majority member of a committee 
  with jurisdiction. 6 Cannon Sec. 301; Deschler-Brown Ch 29 Sec. 27.7. 
  Where a conference consists of conferees appointed from more than one 
  committee, the conference report may be called up by the chairman of a 
  committee that was not 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 791]]

 
                       CHAPTER 47 - RECONSIDERATION

                              HOUSE PRACTICE

  Sec.  1. Generally; Use of Motion
  Sec.  2. Pro Forma Motions Distinguished
  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. Precedence and Privilege of Motion
  Sec.  9. Quorum Requirements
  Sec. 10. Debate and Voting; Withdrawal
  Sec. 11. Application to Particular Propositions
  Sec. 12. -- Other Motions and Requests
  Sec. 13. -- Bills and Resolutions; Amendments
  Sec. 14. -- Amendments Between the Houses; Conference Reports
  Sec. 15. -- Measures Sent to the Senate or the President
        Research References
          5 Hinds Sec. Sec. 5605-5705
          8 Cannon Sec. Sec. 2774-2795
          Deschler Ch 23 Sec. Sec. 33-41
          Manual Sec. Sec. 1003-1011


  Sec. 1 . Generally; Use of Motion

                                In General

      By long tradition, the vote of the House on a proposition usually 
  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 
  under rule XIX clause 3 is the procedural device that permits the 
  House 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 792]]

  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. 1003. In 1811, the 
  rule was modified by limiting the time during which the motion might 
  be offered to ``the same or succeeding day'' as the vote to be 
  reconsidered. The rule was further revised in 1880, but has existed in 
  the rules since then with only minor changes. 5 Hinds Sec. 5605.

                       Use in Committee of the Whole

      The motion to reconsider is in order in the House and in the House 
  as in the Committee of the Whole but not in the Committee of the 
  Whole. 4 Hinds Sec. Sec. 4716-4718; 8 Cannon Sec. Sec. 2324, 2325, 
  2793; Deschler Ch 23 Sec. Sec. 33, 39.10. 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 occasion, in lieu of a 
  motion to reconsider, the Chairman has 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 offering or calling up the motion. Entering the motion and 
  offering the motion can be separate events. 8 Cannon Sec. 2785. One 
  Member may enter the motion, and another Member may call up the 
  motion. Sec. 4, infra. In the modern practice, the motion is rarely 
  entered but rather is considered as pending when offered. The motion 
  must be offered within the two-day period allowed by the rule, but a 
  motion merely entered during that time may remain pending 
  indefinitely. Sec. Sec. 5, 8, infra.


  Sec. 2 . Pro Forma Motions Distinguished

      Normally, the Speaker declares, after the announcement of a vote, 
  ``without objection, a motion to reconsider is laid on the table.'' 
  Deschler Ch 23 Sec. 34. The effect of this declaration is to preclude 
  a subsequent motion to reconsider, and it is the accepted 
  parliamentary mode of making the vote in question final. Deschler Ch 
  23 Sec. 34.5. Thereafter, the proposition may be taken up again only 
  by special rule, unanimous consent, or suspension of the rules. 5 
  Hinds Sec. 5640; see also Deschler Ch 23 Sec. 38.5. A Member who is 
  opposed to the tabling of the motion to reconsider must object to the 
  Speaker's declaration 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. If such objection is made, 
  one Member may move to reconsider and another Member may immediately 
  move to table that motion. 5

[[Page 793]]

  Hinds Sec. 5637. Disposition of the motion to reconsider is permitted 
  while the previous question is operating. 8 Cannon Sec. 2784.


  Sec. 3 . Effect of Motion

                       Effect When Motion Is Entered

      After the House has voted on a proposition and a motion to 
  reconsider it is entered, the effect is to suspend the proposition. 
  Manual Sec. 1007; 5 Hinds Sec. 5704; Deschler Ch 23 Sec. 33. The 
  motion is thereafter considered as pending and, if not acted on, will 
  remain pending, even in succeeding sessions of the same Congress. 5 
  Hinds Sec. 5684. However, 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. 5704 (footnote).
      A motion to reconsider a bill having been entered, the Speaker 
  will normally decline to sign its enrollment until the motion is 
  disposed of. 5 Hinds Sec. 5705. However, 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 (note).

                       Effect of Agreement to Motion

      When a motion to reconsider is adopted, 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 
  (by majority vote), the question immediately recurs on ordering the 
  yeas and nays (by one-fifth of those present). Manual Sec. 1007; 5 
  Hinds Sec. Sec. 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. For further discussion of 
  the effect of the motion to reconsider, see Manual Sec. 1007.

                    As Precluding Repetition of Motion

      When a motion to reconsider has been offered 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 
  offered interminably. Thus, a vote ordering the previous question may 
  be reconsidered only once. Manual Sec. 1006; 5 Hinds Sec. 5655. One 
  motion to reconsider the yeas and nays

[[Page 794]]

  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 adopted, and that vote having again been 
  taken, a second motion to reconsider may not be offered unless the 
  nature of the proposition has been changed by amendment. Manual 
  Sec. 1006; 5 Hinds Sec. Sec. 5685-5688; 8 Cannon Sec. 2788; Deschler 
  Ch 23 Sec. 33. 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 Sec. 5632; Deschler Ch 23 Sec. 39.15. 
  However, 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 the same proposition or 
  considering any other proper motion to dispose of an amendment that 
  might remain in disagreement after further Senate action. Manual 
  Sec. 1006.


  Sec. 4 . Who May Offer Motion

      Rule XIX clause 3 requires the Member entering the motion to be 
  ``on the prevailing side'' but permits the motion to be called up by 
  ``any Member.'' Manual Sec. Sec. 1003, 1004. Under this rule, the 
  entering of the motion and the offering of the motion are regarded as 
  separate events. 8 Cannon Sec. 2785. However, under the modern 
  practice the motion rarely is ``entered'' but is considered pending 
  when offered. Thus, the Member offering a motion not previously 
  entered must qualify as being on the prevailing side of the issue to 
  be reconsidered. Manual Sec. 1004; 2 Hinds Sec. 1454. Those voting 
  with the losing side do not qualify. Manual Sec. 1004.
      With respect to pro forma motions to reconsider (see Sec. 2, 
  supra), 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 and need not have voted on the prevailing side to make such an 
  objection. However, if objection is made, only a Member who voted on 
  the prevailing side on a record vote may offer the motion to 
  reconsider the vote. Manual Sec. 1004.
      Likewise ineligible to move the reconsideration of a record vote 
  are Members who were absent at the time of the vote (5 Hinds 
  Sec. 5619), who failed to vote (8 Cannon Sec. 2774), or who were 
  paired on the vote with another Member (5 Hinds Sec. 5614).
      In the case of a tie vote (a tie vote resulting in the defeat of 
  the proposition), a Member voting in the negative qualifies as voting 
  on the prevailing side. 5 Hinds Sec. 5616. In the case of a 
  proposition that did not receive a requisite two-thirds vote for 
  approval, a Member voting in the negative qualifies. 5 Hinds 
  Sec. Sec. 5617, 5618.

[[Page 795]]

      When a vote is not recorded, any Member, regardless of how he 
  voted, may enter the motion. Manual Sec. 1002b; 8 Cannon Sec. 2775; 
  Deschler Ch 23 Sec. 33. 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. The Chair, having 
  voted on the prevailing side, may offer the motion to reconsider by 
  stating the pendency of the motion. A Delegate or the Resident 
  Commissioner may not offer the motion to reconsider. Manual Sec. 1004.


  Sec. 5 . When Motion Is In Order

      During the Continental Congress, there was no time limit on when 
  the motion to reconsider could be offered, and the Congress often 
  reconsidered matters passed on a preceding day or even several days or 
  months before. 5 Hinds Sec. 5605. Today rule XIX clause 3 provides 
  that the motion is in order ``on the same or succeeding day'' as that 
  vote; and, once entered, may be called up by any Member. This means 
  that the motion to reconsider may be offered 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 (Deschler Ch 23 Sec. 35.5). 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.
      Once the motion has been entered within the two-day period, it 
  remains pending indefinitely, even into a succeeding session of the 
  same Congress. 5 Hinds Sec. 5684; 8 Cannon Sec. 2787. 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 
  Sec. Sec. 2785, 2786. For example, a motion to reconsider the vote on 
  a bill on the Private Calendar properly entered may be taken up for 
  consideration only on a Private Calendar day. 8 Cannon Sec. 2786.
      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 Sec. Sec. 5657-5672).
     Pending a motion to go into the Committee of the Whole. 8 
         Cannon Sec. 2785.
     At a 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.

[[Page 796]]

     After a bill to be reconsidered has gone to the Senate. 5 
         Hinds Sec. Sec. 5666, 5667.
     After the Senate has been informed of agreement by the House 
         to a Senate amendment. 5 Hinds Sec. 5672.
     After a bill has gone to the President. 5 Hinds Sec. 5668.

      However, an entered motion is not in order:

     While another Member has the floor or while another question 
         is pending before the House. 5 Hinds Sec. 5673; 8 Cannon 
         Sec. 2785.
     While the House is dividing on a motion. 8 Cannon Sec. 2791.
     In Committee of the Whole. Sec. 1, supra.

  See also Sec. Sec. 8, 12, infra.

  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 analogous 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 the committee convenes with a quorum present at which 
  business of that class is in order. Manual Sec. Sec. 416, 1005; 
  Deschler Ch 23 Sec. 33. Sometimes the motion must be applied to a 
  series of propositions seriatim to achieve a desired result. In a 
  committee, reconsideration of an amendment may require that the motion 
  to report first be reconsidered, and then the ordering of the previous 
  question on the measure, before a motion can be offered to reconsider 
  the amendment. Cf. 8 Cannon Sec. 2789.
      A motion to reconsider is sometimes used in a committee, when it 
  has obtained a quorum, to order reports on bills approved earlier in 
  the day in the absence of a quorum. Deschler Ch 23 Sec. 39.1.


  Sec. 7 . Forms

      Following 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

      Member: I enter a motion to reconsider the vote by which the bill 
    H.R.  ____ was passed [or rejected].

                            Offering the Motion

      Member: I move to reconsider the vote by which the bill H.R.  ____ 
    was passed [or rejected].

[[Page 797]]

      Speaker: The gentleman moves to reconsider the vote on H.R.  ____. 
    As many as are in favor of the motion say ``aye.''

                     Pro Forma Motion--By the Speaker

      Speaker: Without objection, a motion to reconsider is laid on the 
    table.

      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 (the Member need not be on the prevailing side). However, 
  if objection is heard, only a qualified Member may call for 
  reconsideration of the vote, and another Member may move to lay that 
  motion to reconsider on the table. Manual Sec. 1004.


  Sec. 8 . Precedence and Privilege of Motion

      Under rule XIX clause 3, when no other question is pending, the 
  motion to reconsider takes precedence of all other questions except 
  the consideration of a conference report or a motion to adjourn. 
  Manual Sec. Sec. 1003, 1005; 8 Cannon Sec. 2787. For example, the 
  motion to reconsider takes precedence of a motion to go into the 
  Committee of the Whole. 8 Cannon Sec. 2785. However, the motion is 
  subject to the question of consideration (8 Cannon Sec. 2437) and the 
  motion to lay on the table (8 Cannon Sec. 2652), unless the Chair has 
  put the question on the motion to reconsider (Manual Sec. 1009). The 
  precedence given the motion by the rule permits it to be offered, even 
  after the previous question has been moved or while it is operating. 5 
  Hinds Sec. Sec. 5656-5662; 8 Cannon Sec. 2784. A motion to reconsider 
  a secondary motion (such as a motion to postpone) that was rejected is 
  highly privileged and may be entertained by the Chair even after the 
  manager of the main proposition has yielded time to another Member and 
  before that Member has begun his remarks. 96-2, May 29, 1980, p 12663.


  Sec. 9 . 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 
  requires a quorum. 5 Hinds Sec. 5606; Deschler Ch 23 Sec. 33. A quorum 
  is not necessary on a motion to reconsider the vote whereby the yeas 
  and nays were ordered because the yeas and nays may be ordered by one-
  fifth of the Members present. 5 Hinds Sec. 5693.

[[Page 798]]

  Sec. 10 . Debate and Voting; Withdrawal

                                  Debate

      The motion to reconsider is debatable for one hour. Deschler Ch 23 
  Sec. 41.1. Debate is under the control of the Member offering the 
  motion if the proposition proposed to be reconsidered was debatable. 5 
  Hinds Sec. 5696; 8 Cannon Sec. 2792. If the proposition proposed to be 
  reconsidered was not debatable, then the motion calling for 
  reconsideration is itself not debatable. 5 Hinds Sec. Sec. 5694, 5695, 
  5698; Deschler Ch 23 Sec. 33. Thus, the motion to reconsider a vote 
  ordering the previous question is not debatable. Manual Sec. 1010.
      An earlier view was 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 
  Sec. 5494. However, the current view is that, if the proposition to be 
  reconsidered was voted on under the operation of the previous 
  question, the motion to reconsider is not debatable because a primary 
  function of the previous question is to terminate debate. Manual 
  Sec. 1010; 5 Hinds Sec. Sec. 5656, 5701; Deschler Ch 23 Sec. 38.7; 
  Deschler-Brown Ch 29 Sec. 6.49 (note). If the motion is agreed to, and 
  if that proposition is again taken up, it is voted on without debate 
  unless the ordering of the previous question itself is reconsidered. 
  Deschler-Brown Ch 29 Sec. 6.49.

                                  Voting

      A simple majority vote is sufficient to adopt a motion to 
  reconsider, even when the vote reconsidered requires two-thirds for 
  affirmative action. Manual Sec. 1008; 5 Hinds Sec. Sec. 5617, 5618; 8 
  Cannon Sec. 2795. A majority vote also is required to reconsider a 
  vote ordering the yeas and nays, although one-fifth is sufficient to 
  order the yeas and nays. 5 Hinds Sec. Sec. 5689-5692; 8 Cannon 
  Sec. 2790. If the House votes to reconsider, the yeas and nays may be 
  ordered again by one-fifth. 5 Hinds Sec. 5689.

                           Withdrawal of Motion

      The motion to reconsider having been entered 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. Manual Sec. 1003.

[[Page 799]]

  Sec. 11 . Application to Particular Propositions

                                 Generally

      Rule XIX clause 3 applies whenever ``a motion has been carried or 
  lost. . . .'' Manual Sec. 1003. The term ``motion'' in this rule has 
  been construed so as to permit reconsideration of a wide variety of 
  propositions. See Sec. Sec. 12-14, infra. The motion is applicable 
  whether the passage of the proposition required a simple majority or a 
  two-thirds vote. 8 Cannon Sec. 2778. However, the motion is not in 
  order when dilatory and manifestly for the purpose of delay. 5 Hinds 
  Sec. Sec. 5731-5733, 5735, 5739; 8 Cannon Sec. Sec. 2797, 2815, 2822.

                               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. Sec. 5689-5691; 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 (8 
  Cannon Sec. 2777). The motion to reconsider also may 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.
      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. Manual Sec. 1006; 8 Cannon Sec. 2776; 
  Deschler Ch 23 Sec. 33. However, the motion may be applied to a vote 
  laying an appeal on the table. Compare 5 Hinds Sec. 5630 with 5 Hinds 
  Sec. 5631.

                                 Referrals

      Under rule XIX clause 4, measures referred to a committee may not 
  be brought back into the House on a motion to reconsider. Manual 
  Sec. 1011. 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 that 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 to a motion to recommit. Deschler Ch 23 Sec. 39.6. 
  However, it is too late to reconsider a vote by which a measure was 
  recommitted to committee after the committee report has been made. 5 
  Hinds Sec. 5651.

                     In Relation to Previous Question

      The motion to reconsider may be applied only once to a vote 
  ordering the previous question. 5 Hinds Sec. 5655; 8 Cannon Sec. 2790. 
  It may not be ap

[[Page 800]]

  plied to a vote ordering the previous question that has been partially 
  executed. For example, if the previous question has been ordered on a 
  bill and an amendment thereto, and the amendment has been disposed of, 
  the vote upon which the previous question was ordered is not subject 
  to reconsideration. 5 Hinds Sec. Sec. 5653, 5654. Furthermore, if the 
  special order governing consideration of a measure orders the previous 
  question on the measure, and on any amendment thereto, to final 
  adoption or passage without intervening motion except one motion to 
  recommit (which is the modern practice), the vote upon which an 
  amendment was disposed of is not subject to reconsideration. 4 Hinds 
  Sec. 3203.


  Sec. 12 . -- 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, 
         unless the previous question has been partially executed, as by 
         a vote on certain amendments. 5 Hinds Sec. Sec. 5653-5655; 
         Deschler Ch 23 Sec. 33.
     A vote on the motion to lay on the table, whether decided in 
         the affirmative or in the negative. 5 Hinds Sec. Sec. 5628, 
         5629, 5695, 6288; 8 Cannon Sec. 2785; Deschler Ch 23 Sec. 38.1.
     An affirmative vote on a motion to go into the Committee of 
         the Whole. 5 Hinds Sec. 5641; Deschler Ch 23 Sec. 33.
     An affirmative vote on the question of consideration. Manual 
         Sec. 907.
     An agreement by the House to a unanimous-consent request. 8 
         Cannon Sec. 2794; Deschler Ch 23 Sec. 33.
     An affirmative vote on a motion to suspend the rules. Manual 
         Sec. 886.

                            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 
         Sec. Sec. 5626, 5627; Deschler Ch 23 Sec. 39.14.
     A vote rejecting the motion to suspend the rules. Manual 
         Sec. 886; 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 Sec. Sec. 5620-
         5622.
     A vote rejecting a motion to fix the day to which the House 
         would adjourn. 5 Hinds Sec. 5624. But see 5 Hinds Sec. 5623.


[[Page 801]]



      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. 1130 for examples of such laws. One such 
  example is found in section 305(a) of the Congressional Budget Act of 
  1974, which precludes the motion to reconsider the vote by which a 
  concurrent resolution on the budget is agreed to or disagreed to and 
  the vote on adoption of a conference report on the same.


  Sec. 13 . -- Bills and Resolutions; Amendments

      The motion to reconsider may be applied to the vote by which a 
  bill or joint resolution was passed (5 Hinds Sec. 5666), including a 
  private bill (4 Hinds Sec. Sec. 3468, 3469); to a vote on the 
  engrossment of the bill (5 Hinds Sec. 5663); to a vote refusing to 
  order a third reading of the bill (8 Cannon Sec. 2777); and to a vote 
  by which a measure was recommitted to committee (Deschler Ch 23 
  Sec. 39.6). The motion also is applied to permit reconsideration of a 
  vote on a resolution. 5 Hinds Sec. 5609.
      The motion to reconsider may be applied to permit reconsideration 
  of a vote on an amendment; however, if the motion is not offered until 
  after the passage of the amended bill, such reconsideration can be 
  secured only after a successful motion to reconsider the vote on the 
  passage of the bill. Cf. 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.


  Sec. 14 . -- Amendments Between the Houses; Conference Reports

      A motion to reconsider may be applied to a vote on a Senate 
  amendment to a House bill. 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. However, 
  such a motion must be timely offered. 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 or to a vote recommitting a conference report. Deschler Ch 23 
  Sec. Sec. 39.4, 39.5. 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. 
  Manual Sec. 1006.

[[Page 802]]

      Tabling a motion to reconsider ordinarily prevents the House from 
  reconsideration of the vote in question. However, 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 the same proposition or considering any 
  other proper motion to dispose of an amendment that might remain in 
  disagreement after further Senate action. Manual Sec. 1006.


  Sec. 15 . -- Measures Sent to the Senate or the President

      The motion to reconsider may be applied to a measure that has been 
  sent to the Senate. If that motion is agreed to, a motion to recall 
  the measure is privileged. 5 Hinds Sec. Sec. 5666, 5667, 5669. 
  Reconsideration of the vote on the measure may be permitted even if 
  the measure has passed both Houses and even if the measure has been 
  sent to the President. 4 Hinds Sec. Sec. 3466-3469; 5 Hinds Sec. 5668. 
  It would appear, however, that once the bill has been signed by the 
  President, it cannot be called into question pursuant to a pending 
  motion to reconsider the measure. 5 Hinds Sec. 5704 (note). 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 Constitution expressly provides for that vote as one in 
  the nature of reconsideration. U.S. Const. art. I, Sec. 7, cl. 2; 
  Manual Sec. 109; 5 Hinds Sec. 5644; 8 Cannon Sec. 2778.


[[Page 803]]

 
                      CHAPTER 48 - REFER AND RECOMMIT

                              HOUSE PRACTICE

              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


[[Page 804]]


        Research References
          5 Hinds Sec. Sec. 5521-5604
          8 Cannon Sec. Sec. 2695-2773
          Deschler Ch 23 Sec. 25
          Manual Sec. Sec. 420, 427, 448-451, 494, 916, 917, 1001-1002c


                           A. Generally; Motions


  Sec. 1 . In General

      When a bill is introduced, it is referred to one or more 
  committees by direction of the Speaker. See Introduction and Reference 
  of Bills. When a bill is reported by a committee, it is referred to 
  the appropriate calendar by direction of the Speaker. See Calendars.
      Motions for the referral, committal, 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. Sec. 911, 916.
     The motion to recommit (or commit, as the case may be) a 
         matter to a committee pending or after the ordering of the 
         previous question thereon under rule XIX clause 2. Manual 
         Sec. 1001.
     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 XVIII clause 9. Manual Sec. Sec. 988, 989.

      When the House recodified its rules in the 106th Congress, it 
  consolidated the last sentence of former rule XVII clause 1 and 
  certain provisions of former rule XVI clause 4, addressing the motion 
  to recommit, under rule XIX clause 2. Manual Sec. 1002.


  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 ______.

      Such motion may be subject to debate, depending on the applicable 
  rule. The motion itself may not include a preamble, argument, or 
  explanation. 5 Hinds Sec. 5589; 8 Cannon Sec. 2749. The motion may 
  include instructions. See Sec. Sec. 17-20, infra. The ``straight'' 
  motion (without instructions) sends a measure to a specified committee 
  and leaves the disposition thereof to the discretion of the committee. 
  Deschler Ch 23 Sec. 25. For a discussion of a motion to recommit or 
  commit with instructions, see Sec. Sec. 17-20, infra.

[[Page 805]]

      A ``straight'' motion to recommit and a motion to recommit with 
  instructions have equal precedence. 8 Cannon Sec. Sec. 2714, 2758.


  Sec. 3 . Referral to Particular Committees

      The motion to refer, commit, or recommit may propose a referral to 
  a named standing committee, or to two or more standing committees, 
  without regard to the usual rules governing committee jurisdiction. 4 
  Hinds Sec. Sec. 4375, 4401; 5 Hinds Sec. 5527; Deschler Ch 23 Sec. 25. 
  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 Sec. Sec. 5552, 5553, 6631) or to a select committee, 
  including one that is established pursuant to the motion (4 Hinds 
  Sec. 4401). However, 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 House rules for the referral of a matter 
  do not apply in Committee of the Whole. 4 Hinds Sec. 4721; 8 Cannon 
  Sec. Sec. 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. Such a motion is entertained only at the completion of 
  the reading of the bill for amendment, and it is usually precluded by 
  the language of a special rule from the Committee on Rules ordering 
  the previous question. Manual Sec. 916; 4 Hinds Sec. Sec. 4761, 4762; 
  Deschler Ch 23 Sec. 26.5.
      The House, while acting in the House as in the Committee of the 
  Whole, may refer a matter to a committee. 4 Hinds Sec. Sec. 4931, 
  4932.


                       B. The Simple Motion to Refer


  Sec. 5 . In General

                         Generally; When to Offer

      A simple motion to refer is permitted by rule XVI clause 4(a) 
  ``when a question is under debate.'' Manual Sec. Sec. 911, 916. This 
  motion is in order pending the consideration of the underlying matter. 
  The motion may be offered by any Member, who need not qualify as being 
  in opposition to the pending question. Deschler Ch 23 Sec. 25.

[[Page 806]]

      The motion to refer under rule XVI clause 4 may be offered before 
  the proponent of the proposition is recognized to control debate on 
  the underlying measure. Deschler-Brown Ch 29 Sec. 68.51. 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. 
  Manual Sec. 911.

                           Application of Motion

      A measure before the House under the general rules of the House is 
  subject to the motion. The motion is applicable to a measure called up 
  from the House Calendar, including a resolution from the Committee on 
  House Administration, a resolution adopting the rules of the House, to 
  an article of impeachment, and to a resolution raising a question of 
  the privileges of the House. 6 Cannon Sec. 549; Deschler Ch 1 Sec. 9; 
  Deschler-Brown Ch 29 Sec. 68.51. The motion has been applied to a 
  vetoed bill, with or without the veto message. 4 Hinds Sec. Sec. 3550, 
  3551; for referral of Presidential messages, see Manual Sec. 875.

                        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 including proper instructions in 
  the motion are in order. Manual Sec. 917; for instructions generally, 
  see Sec. Sec. 17-20, infra.


  Sec. 6 . Precedence; Relation to Other Motions

      The 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. 911. Thus, the Chair may 
  recognize the Member seeking to offer the preferential motion before 
  the less preferential motion is read. Manual Sec. 916. The motion to 
  refer is subject to the motion to table. Manual Sec. Sec. 911, 914.
      The motion for the previous question takes precedence over the 
  motion to refer under rule XVI clause 4. Manual Sec. Sec. 911, 916. 
  However, 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, pp 4996-98.

[[Page 807]]

  Sec. 7 . Debate on Motion

      A motion to refer under rule XVI clause 4 (before the previous 
  question is ordered) is separately debatable pending the consideration 
  of the underlying matter. Manual Sec. 713. The motion is debatable 
  under the hour rule. Deschler-Brown Ch 29 Sec. 68.51. The scope of the 
  debate is narrowly confined and may not extend to the merits of the 
  underlying matter. 5 Hinds Sec. Sec. 5564-5568; 6 Cannon Sec. 549. 
  Such debate is terminated by the adoption of the previous question on 
  the motion. Deschler Ch 23 Sec. 25.


           C. Referral Pending Motion to Strike Enacting Clause


  Sec. 8 . In General

      Rule XVIII clause 9 permits the offering of a motion to refer a 
  measure to a committee, which may include instructions, pending 
  concurrence by the House in a recommendation from the Committee of the 
  Whole that the enacting clause of a measure be stricken. Manual 
  Sec. 988. 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 XIX clause 2. The motion to recommit pending 
  passage ensures 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 XVIII comes before action on 
  the recommendation that the enacting 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 action of the 
  House. 8 Cannon Sec. 2629.
      The motion to refer permitted by rule XVIII may include 
  instructions to report back forthwith with an amendment to the 
  underlying bill. Manual Sec. 989.
      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 Recommittal

      When the House disagrees with the recommendation of the Committee 
  of the Whole to strike the enacting words and does not refer the bill 
  under the provisions of the rule, the bill is recommitted to the 
  Committee, where

[[Page 808]]

  it becomes unfinished business. This process is automatic and does not 
  require a motion. 5 Hinds Sec. Sec. 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 recommit (or commit, as the case may be) is 
  authorized under rule XIX clause 2. Under this rule, the motion is in 
  order pending the motion for the previous question or after the 
  previous question has been ordered on passage or adoption. The motion 
  may be made with instructions and may provide for referral to a 
  standing or select committee. Manual Sec. 1001. It is not necessary 
  that the underlying proposition be reported from a committee. 95-2, 
  July 12, 1978, p 20504. Only one proper motion to commit is in order 
  under the rule. Manual Sec. 1002b; 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, the motion to commit should be made only 
  after such debate. Manual Sec. 999; 99-1, May 8, 1985, p 11072.
      When the previous question is ordered on all stages of a bill to 
  final passage, the motion to commit is not in order before engrossment 
  or third reading. Manual Sec. 1002; 5 Hinds Sec. Sec. 5578-5581. The 
  motion to commit may be made pending the demand for the previous 
  question on passage or adoption but, at that stage, is subject to the 
  motion to table. 5 Hinds Sec. 5576.

                         Instructions With Motion

      A motion to commit under rule XIX clause 2 may be offered with 
  instructions, such as an instruction to report back with an amendment. 
  Manual Sec. 1002b. 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. Deschler-Brown Ch 
  29 Sec. 23.55; instructions generally, see Sec. Sec. 17-20, infra.

                           Amendments to Motion

      A motion to commit may be amended, as by adding instructions, 
  unless the previous question is ordered on the motion. 5 Hinds 
  Sec. Sec. 5582-5584; 8 Cannon Sec. 2695.

[[Page 809]]

  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 and concurrent resolutions. 5 Hinds 
         Sec. 5573; Deschler-Brown Ch 29 Sec. 23.54.
     Conference reports if the other House has not discharged its 
         managers. See Conferences Between the Houses.
     Senate amendments being considered in the House before the 
         stage of disagreement. 5 Hinds Sec. 5575.
     A resolution stating a question of privilege, such as a 
         disciplinary resolution, or a resolution certifying the 
         contempt of a committee witness. Deschler Ch 23 Sec. 26.13; 
         Deschler-Brown Ch 29 Sec. 68.51.
     A resolution electing Members to standing committees. 
         Deschler-Brown Ch 29 Sec. 23.55.

      The motion to commit may not be separately applied to amendments 
  to the underlying proposition. 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 Sec. Sec. 5585-5588.
      The motion does not apply to special orders reported by the Rules 
  Committee because rule XIII clause 6(b) prevents the Speaker from 
  entertaining dilatory motions until reports from such committee are 
  disposed of. 5 Hinds Sec. Sec. 5598-5601; Deschler Ch 23 Sec. 25.11. 
  However, if the motion for the previous question is rejected, this 
  restriction no longer strictly applies. Manual Sec. 858.


  Sec. 11 . Who May Offer Motion; Recognition

      As noted elsewhere in this chapter, priority in recognition on a 
  motion to recommit a bill pending final passage under rule XIX clause 
  2 is given to an opponent of the bill. Sec. 14, infra. Thus, an 
  opponent, with preference given first to the Minority Leader or his 
  designee and then to a minority member on the reporting committee (in 
  order of seniority on the committee), has priority in recognition to 
  offer the motion under rule XIX. Manual Sec. 1001. However, if the 
  underlying matter is a resolution offered from the floor 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. 
  Deschler-Brown Ch 29 Sec. 23.60.

[[Page 810]]

      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. Manual Sec. 60.


  Sec. 12 . Debate on Motion

      Under rule XIX clause 2, a motion to commit with instructions is 
  not separately debatable after the previous question is ordered on the 
  underlying simple or concurrent resolution. 5 Hinds Sec. 5582. Thus, 
  the previous question having been ordered on a resolution before 
  adoption of the rules, the motion to commit--even one including 
  instructions--is not debatable. Manual Sec. 60. 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 rule XIX clause 2. Clause 2(b), which permits debate on 
  the motion, does not apply to simple resolutions, concurrent 
  resolutions, or conference reports. Manual Sec. 1001; Sec. 15, infra.

                               When in Order

      The motion to recommit a bill is typically made after the 
  engrossment and third reading of the bill. Deschler Ch 23 Sec. 29.1. 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. The motion comes 
  too late when the Chair has put the question on passage and has 
  announced the apparent result of the vote. Deschler Ch 23 
  Sec. Sec. 29.5, 29.6.

                           Repetition of Motion

      Clause 2 permits only one motion to recommit after the previous 
  question has been ordered. However, 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. Manual Sec. 1002b; 8 Cannon 
  Sec. 2713.

[[Page 811]]

                           Amendments to Motion

      A motion to recommit is subject to amendment until the previous 
  question is ordered on the motion. Deschler Ch 23 Sec. 25.1. If the 
  previous question on the motion is not ordered, the motion is open to 
  amendment. Deschler Ch 23 Sec. 25.2. The amendment must be germane to 
  the pending measure and not necessarily to the original motion. Manual 
  Sec. 1002a; see Sec. 17, infra. Any point of order against an 
  amendment to the motion should be raised immediately following the 
  reading of the amendment. Manual Sec. 924.


  Sec. 14 . Who May Offer Motion; Recognition

      Speaker: Is the gentleman opposed to the measure?

  This is the threshold question to be put by the Chair in determining a 
  Member's qualification to offer a motion to recommit. Deschler Ch 23 
  Sec. 25. 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 rule XIX 
  clause 2, the Speaker is required to give preference in recognition to 
  a Member who is opposed to the bill, whether the motion is made with 
  or without instructions. Manual Sec. 1002c. 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. Deschler Ch 23 Sec. 25.

      In recognizing a Member to move to recommit, the Chair does not 
  attempt to assess the degree of that Member's opposition. The Chair 
  makes no distinction between Members who are unqualifiedly opposed and 
  those who phrase their opposition ``to the bill in its present form.'' 
  Manual Sec. 1002c.
      Among Members opposed to the bill, the Speaker will first look to 
  the Minority Leader or his designee, then to minority members of the 
  committee reporting the bill (in order of seniority on the committee), 
  then to other members of the minority, and finally to majority 
  members. Manual Sec. 1002c. These principles of recognition are 
  followed even where a bill under consideration is not reported from 
  committee. See 89-1, Sept. 29, 1965, p 25439; 96-1, Nov. 28, 1979, pp 
  33904, 33906, 33914. Priority in recognition to the Minority Leader or 
  his designee is imputed from the form of rule XIII clause 6. Sec. 16, 
  infra.
      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. 
  Deschler Ch 29 Sec. 8.21.

[[Page 812]]

                   Recognition for Amendments to Motion

      If the previous question is not ordered on a motion to recommit, 
  the person offering an amendment to the motion does not have to 
  qualify as being opposed to the bill. Deschler Ch 23 Sec. 27.14. A 
  Member who, in the Speaker's determination, led the opposition to 
  ordering 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. Manual 
  Sec. 1002c.


  Sec. 15 . Debate on Motion

                                 Generally

      The straight motion to recommit is not debatable whether offered 
  pending the previous question on the measure or after the previous 
  question has been ordered. 5 Hinds Sec. 5582; Deschler Ch 23 Sec. 25. 
  Under rule XIX clause 2(b), the motion to recommit after the previous 
  question is ordered on final passage is rendered debatable only by 
  unanimous consent or by the inclusion of instructions in the motion. 
  Manual Sec. 1002a. Under that rule, a motion to recommit with 
  instructions a bill or joint resolution on which the previous question 
  is ordered to passage is debatable for 10 minutes, 5 minutes in favor 
  of the motion and 5 opposed. Under clause 2(c) debate may be extended 
  to one hour, equally divided, upon demand of the majority floor 
  manager of the bill. Manual Sec. 1001. The debate permitted by the 
  rule is inapplicable to a motion to recommit with instructions a 
  simple or concurrent resolution or a conference report. Manual 
  Sec. 1002a.

                          Control of Debate Time

      The Member in support of a motion to recommit with instructions is 
  recognized for five minutes and must use or yield back all of that 
  time. He may not reserve a portion thereof. However, 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. Manual 
  Sec. 1002a.
      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. Deschler Ch 23 Sec. 30.4. 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.

[[Page 813]]

  Sec. 16 . Effect of Special Rules

      Rule XIII clause 6(c) precludes the Committee on Rules from 
  reporting a special order which would prevent the motion to recommit a 
  bill or joint resolution from being made as provided in rule XIX 
  clause 2(b). That prohibition includes a motion to recommit with 
  instructions if offered by the Minority Leader or his designee, except 
  on a Senate bill for which the text of a House-passed bill has been 
  substituted. Manual Sec. 857.
      The prohibition is applicable only to the recommittal of a bill or 
  joint resolution pending initial final passage and does not apply to a 
  special order restricting the recommittal of a simple or concurrent 
  resolution. Manual Sec. 859. The Committee on Rules has reported 
  special rules precluding a motion to recommit at subsequent stages; 
  that is, during consideration of amendments between the Houses. See 
  Senate Bills; Amendments Between the Houses. For an exchange of 
  correspondence between the chairman and ranking minority member of the 
  Rules Committee regarding this practice, see 104-2, Jan. 24, 1996, pp 
  1228-29.


                       F. Motions With Instructions


  Sec. 17 . In General

      The motion to refer, commit, or recommit may include instructions. 
  Such instructions may direct a designated committee to take a 
  specified action, such as to study a subject germane to the underlying 
  measure. Manual Sec. 1002b; Deschler Ch 23 Sec. 25. A committee may be 
  instructed as follows:

     To report ``forthwith'' with an amendment. Sec. 18, infra.
     To report the bill back promptly with certain amendments. 
         Manual Sec. 1002b.
     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 6042.
     To hold hearings on a proposal and to solicit the views of the 
         Attorney General. Deschler Ch 23 Sec. 26.2.
     To examine the sufficiency of a contempt citation and report 
         back to the House. Deschler Ch 23 Sec. 32.11.

      Unlike the case of a motion to recommit with instructions to 
  report back ``forthwith'' (the adoption of which occasions an 
  immediate report on the floor), the adoption of a motion to recommit 
  with instructions to report back ``promptly'' sends the bill to 
  committee, whose eventual report (if any) is not immediately before 
  the House. Manual Sec. 1002b; Deschler Ch 23

[[Page 814]]

  Sec. 32.25. The ``promptly'' instructions may be express concepts 
  rather than specify actual text. 106-1, Oct. 6, 1999, p ____. The 
  instructions are considered advisory and are not required to be 
  carried out by the committee.

                        Amendments to Instructions

      A motion to recommit with instructions may be amended if the 
  previous question has not been ordered thereon. A substitute amendment 
  which strikes 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. Manual 
  Sec. 930.


  Sec. 18 . Instructions to Report ``Forthwith''

      The House may recommit a bill to committee with instructions to 
  report an amendment ``forthwith.'' Such instructions must be complied 
  with immediately. Manual Sec. 1002b. The House has used this procedure 
  even with respect to an amendment in the nature of a substitute for 
  the entire bill. Deschler Ch 23 Sec. 32.16.
      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 to the instructions of the House, he is reporting the 
  measure back to the House with the instructed amendment. Deschler Ch 
  23 Sec. 25. The House then votes on the amendment and, if it is 
  adopted, again on engrossment and third reading of the bill before 
  final passage, as shown in the following example:

      Speaker: The question is on the engrossment and third reading of 
    the bill.

      Note: The question is then put. If it 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.
      Speaker: Is the gentleman opposed to the bill?
      Member: I am, Mr. Speaker.
      Speaker: The gentleman qualifies. The Clerk will report the motion 
    to recommit.
      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

[[Page 815]]

  bill, equally divided between the proponent and a Member opposed to 
  the motion. Sec. 15, supra.

      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:

      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].
      Speaker: The question is on the amendment.

      Note: The amendment is voted on; if it is adopted, the Speaker 
  again 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 Sec. Sec. 6134-6137; 8 Cannon Sec. Sec. 2737, 3170. 
  However, when a bill is reported back to the House with an amendment 
  pursuant to such instructions, a division of the question may be 
  demanded on the amendment if the question is otherwise in a divisible 
  form. Manual Sec. 921. A motion to recommit a bill to conference with 
  various instructions may not be divided. Manual Sec. 921; generally, 
  see Division of the Question for Voting.


  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. Manual Sec. 1002b; 5 
  Hinds Sec. Sec. 5529-5541.
      For instance, a motion to recommit may not:

     Propose an amendment that is not germane. 5 Hinds 
         Sec. Sec. 5529-5541, 5834, 5889; 8 Cannon Sec. Sec. 2705, 2707, 
         2708.
     Amend or eliminate an amendment adopted by the House (unless 
         permitted by special order). 5 Hinds Sec. 5531; 8 Cannon 
         Sec. Sec. 2712, 2714, 2715, 2720-2724; Deschler Ch 23 
         Sec. 32.20.
     Propose an amendment in violation of rule XXI clause 2, 4, or 
         5. 5 Hinds Sec. Sec. 5533-5540.
     Change the rules of the House by authorizing a committee to 
         report at any time (5 Hinds Sec. 5543) or by directing a 
         committee to report by a date certain (5 Hinds Sec. 5549). 
         However, it has been held in order to reoffer an amendment 
         rejected by the House. 5 Hinds Sec. Sec. 5543, 5549; 8 Cannon 
         Sec. 2728.
     Contain argument. Manual Sec. 1002b.


[[Page 816]]



      Where a special rule providing for the consideration of a bill 
  prohibited the offering of amendments to a certain title of the bill 
  (at any point during consideration), it was held not in order to offer 
  a motion to recommit with instructions to amend the restricted title. 
  However, that precedent should be read in light of rule XIII clause 
  6(c)(2), which precludes the Rules Committee from reporting a rule 
  that would prevent a motion to recommit from including amendatory 
  instructions. Manual Sec. 1002b.
      Under rule XIII clause 6(c), the Committee on Rules may not report 
  a special rule denying to the Minority Leader or his designee the 
  right to offer a motion with instructions. Manual Sec. 857. If the 
  special order reported from the Rules Committee permits a motion to 
  recommit ``with or without instructions,'' amendatory instructions are 
  protected; and a motion to recommit may include instructions 
  (otherwise in order) that modify an amendment previously agreed to by 
  the House. This is true even if the House has adopted an amendment in 
  the nature of a substitute. 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, for example, 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. Manual Sec. 1127.
      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. 
  Deschler-Brown Ch 28 Sec. 23.


[[Page 817]]

 
                    CHAPTER 49 - RESOLUTIONS OF INQUIRY

                              HOUSE PRACTICE

  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 Sec. Sec. 1856-1910
          6 Cannon Sec. Sec. 404-437
          Deschler Ch 15 Sec. 2
          Manual Sec. Sec. 864-868


  Sec. 1 . In General

      The resolution of inquiry is one of the methods used by the House 
  to obtain information from the executive branch. Deschler Ch 15 
  Sec. 2. Resolutions of inquiry are accorded privileged status under 
  rule XIII clause 7. Manual Sec. Sec. 864, 866.
      A resolution of inquiry is simple rather than concurrent or joint 
  in form. Manual Sec. 865. 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, and in one instance the resolution 
  directed the officer named to furnish information to a committee 
  rather than to the House. 3 Hinds Sec. 1860; 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. 96-1, June 15, 1979, p 
  15027. In fact, the inclusion of a preamble will effectively destroy 
  the privilege that 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. 865. The resolution may include the 
  qualifying phrase, ``if

[[Page 818]]

  not incompatible with the public interest,'' or words to that effect. 
  3 Hinds Sec. 1896; 6 Cannon Sec. 436; Deschler Ch 15 Sec. 2.8.


  Sec. 2 . To Whom Resolutions May Be Directed

      Resolutions of inquiry have been traditionally directed to the 
  President or to a cabinet officer. Deschler Ch 15 Sec. 2. Rule XIII 
  clause 7 refers to ``the head of an executive department.'' That term 
  does not extend beyond Cabinet officers to subordinate 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. 2.13.
     The relationship between the President's brother (Billy 
         Carter) and the Libyan Government. 96-2, Sept. 10, 1980, p 
         24948.
     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.
     Information in possession of the Department of Justice 
         relative to a certain kidnapping case, including the names of 
         those questioned in the investigation. Deschler Ch 15 
         Sec. 2.19.
     Documents containing a list of public school systems receiving 
         Federal aid that bus school children to achieve racial balance 
         or indicating the use of Federal funds for such busing. 
         Deschler Ch 15 Sec. 2.24.
     Department of Defense documents regarding U.S. military 
         assistance to certain nations. Deschler Ch 15 Sec. 2.12.
     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.

[[Page 819]]

     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.

      Documents that have been 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). A resolution of inquiry, 
  reported adversely in 1993, requested the President to furnish certain 
  documents concerning the White House travel office and the FBI. 103-1, 
  July 20, 1993, p 16207.


  Sec. 4 . Committee Functions

                  Referrals and Reports; Joint Referrals

      Resolutions of inquiry are introduced through the hopper and 
  referred to the appropriate committees for consideration and report. 
  Under rule XIII clause 7, committees are required to report 
  resolutions of inquiry back to the House within 14 legislative days, 
  exclusive of the day of introduction and the day of discharge. 3 Hinds 
  Sec. Sec. 1858, 1859. The 14-day reporting period may be extended by 
  unanimous consent. Manual Sec. 864; 97-2, July 12, 1982, p 15773. In 
  the case of a multiple referral, all committees 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 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 after the 14-day 
  period even though there may have been some delay in the transmittal 
  of the resolution to the committee. Manual Sec. 867; 3 Hinds 
  Sec. 1871. The motion to discharge is not debatable. Manual Sec. 867. 
  A motion to table the motion to discharge is in order but is likewise 
  not debatable. 6 Cannon Sec. 415. However, if the

[[Page 820]]

  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 also may be discharged from consideration of a 
  resolution of inquiry by unanimous consent, even where a motion to 
  discharge is not yet eligible for consideration under rule XIII clause 
  7. Deschler Ch 15 Sec. Sec. 2.17, 2.18.


  Sec. 5 . Consideration in the House

                           Generally; Calling Up

      A resolution of inquiry, if in proper form, is privileged, and a 
  report thereon is presented from the floor rather than through the 
  hopper. 103-1, July 20, 1993, p 16207. Subject to three-day report 
  availability under rule XIII clause 4, the resolution may be called up 
  in the House and considered anytime after it has been reported by (or 
  discharged from) a committee to which it was referred. 6 Cannon 
  Sec. 414; Deschler Ch 24 Sec. 8.13. It may not be called up as 
  privileged before being referred to committee. Manual Sec. 866. The 
  privilege of the resolution is not affected by an adverse report. 
  Indeed, an adverse report on the resolution is itself submitted as 
  privileged. 6 Cannon Sec. Sec. 404, 410.
      The reported resolution retains its privilege after being referred 
  to the calendar. 6 Cannon Sec. 407. If it is ruled out because it was 
  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, only an authorized member of 
  that committee may call up the resolution for consideration. 6 Cannon 
  Sec. 413; Sec. 4, supra. 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. Manual Sec. 867; 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 any 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 requirement of rule 
  XIII clause 4. Man

[[Page 821]]

  ual Sec. 850. However, the House has considered it on the day reported 
  where no point of order was raised, or pursuant to a unanimous-consent 
  request. Deschler Ch 24 Sec. Sec. 8.13, 8.14.

                              Debate; Motions

      The Member calling up a privileged resolution of inquiry is 
  recognized to control one hour of debate, whether the resolution is 
  reported from committee or is before the House pursuant to a motion to 
  discharge. Manual Sec. 867.
      A motion to table will lie against a pending resolution of 
  inquiry, whether reported favorably or adversely. Deschler Ch 15 
  Sec. 2. The motion to table is preferential. Manual Sec. 914. The 
  motion may be offered by the manager of the resolution before or after 
  debate on the resolution. Manual Sec. 867.

                           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 may be called up 
  and 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 privileged status, or for the 
  motion to discharge to have that status, the resolution must be 
  addressed to the President or to a member of his Cabinet. 3 Hinds 
  Sec. 1861; 6 Cannon Sec. 406. To be privileged, the resolution should 
  not present a preamble. 3 Hinds Sec. Sec. 1877, 1878; 6 Cannon 
  Sec. Sec. 422, 427. It must seek facts rather than opinions and may 
  not require an investigation. 3 Hinds Sec. Sec. 1872-1874; 6 Cannon 
  Sec. Sec. 427, 429, 432; Sec. 7, infra. A resolution may be held to 
  require an investigation where it calls for information that 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. See Points of 
  Order; Parliamentary Inquiries.


  Sec. 7 . -- Resolutions Calling for Opinions

      To enjoy privileged status, a resolution of inquiry should seek 
  factual information only. It may not be considered as privileged if it 
  calls for an opinion or for such facts as would inevitably require the 
  statement of an

[[Page 822]]

  opinion to answer the inquiry. Manual Sec. 866; 3 Hinds 
  Sec. Sec. 1872, 1873; 6 Cannon Sec. 413; Deschler Ch 15 Sec. 2. A 
  request for documents only is normally construed not to require an 
  expression of opinion.
      Resolutions of inquiry have lost their privileged status because 
  they sought opinions rather than facts, for example:

     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 ``analysis'' 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. Deschler 
         Ch 15 Sec. 2.7.


  Sec. 8 . Executive Branch Responses

      Resolutions of inquiry ordinarily have been complied with pursuant 
  to principles of comity between the branches of government. Deschler 
  Ch 15 Sec. Sec. 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. For examples of conflicts with the 
  executive branch over resolutions of inquiry, see Manual Sec. 868; 6 
  Cannon Sec. Sec. 434, 435. In such cases the House may renew its 
  inquiry or demand a further or more complete answer. 3 Hinds 
  Sec. Sec. 1890, 1891; 6 Cannon Sec. 435. For the power of the House to 
  issue subpoenas and to enforce them pursuant to contempt procedures, 
  see Contempt.


[[Page 823]]

 
               CHAPTER 50 - RULES AND PRECEDENTS OF THE HOUSE

                              HOUSE PRACTICE

  Sec. 1. In General
  Sec. 2. Binding Effect
  Sec. 3. Construction
  Sec. 4. Changing or Waiving Rules
        Research References
          U.S. Const. art. I, Sec. 5
          8 Cannon Sec. Sec. 3376-3396
          Deschler, Preface; Ch 5 Sec. Sec. 1-7
          Manual Sec. Sec. 58-61a, 283-286, 387, 388, 686, 1130

  Sec. 1 . In General

                             Adoption of Rules

      The Constitution empowers each House to determine the rules of its 
  proceedings. U.S. Const. art. I Sec. 5; Manual Sec. 58. 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 that is sought. However, 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 ordinarily will adopt the rules applicable in the 
  previous Congress with such amendments as it considers necessary. 
  Deschler Ch 1 Sec. 10.5. Such rules are adopted or amended pursuant to 
  a simple resolution that is called up as privileged and debated under 
  principles of ``general parliamentary law.'' See Assembly of Congress. 
  Changes in the rules from the prior Congress normally emanate from the 
  conference or caucus of the party that 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 that makes in 
  order the subsequent consideration of a resolution adopting the rules 
  for the newly organized House. Manual Sec. 60; 5 Hinds 5450.

[[Page 824]]

      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. Manual Sec. 60.
     A motion to commit is in order pending or following the 
         ordering of the previous question, which is the prerogative of 
         the minority but the proponent need not qualify as opposed to 
         the motion; and it is not debatable. Manual Sec. 60; 5 Hinds 
         Sec. 5604.
     A majority vote is required to adopt 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. Manual, p iii. This 
  comprehensive volume also includes, among other pertinent material, 
  portions of Jefferson's Manual, which was prepared by Thomas Jefferson 
  for his own guidance while he was President of the Senate from 1797 to 
  1801. Under rule XXVIII clause 1, the principles recorded in 
  Jefferson's Manual govern the proceedings of the House where the 
  principles are applicable and not inconsistent with the standing rules 
  and orders of the House. Manual Sec. 1104.

                      Statutory Rules and Joint Rules

      In some cases, Congress has enacted statutes setting forth rules 
  and procedures to be followed when the House considers certain kinds 
  of legislation, for example, 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 of each House, and are 
  carried in the House Rules and Manual. Manual Sec. Sec. 1127-1130; 
  Deschler Ch 5 Sec. 3.
      Joint rules, although in common use until 1876, are rarely used 
  today except to govern a joint session to count electoral votes. 
  Manual Sec. 220; Deschler Ch 10 Sec. 2.6.

                    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 825]]

  ten rules of the House but springs from precedent or long-standing 
  custom. 1 Hinds, Introduction, 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 6 Cannon, Preface, 
  p v; 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. Manual Sec. Sec. 928-940; 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. Deschler-
  Brown Precedents, which is currently being compiled, is authorized by 
  section 28b of title 2, United States Code.


  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, 67 NE 189 (Ind. 1903).
      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, e.g., 2 Hinds Sec. 1317. The House adheres to 
  settled rulings, and will not lightly disturb procedures that have 
  been established by prior decision of the Chair. Deschler, Preface, p 
  vi. However, 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

      When a timely point of order is raised, it is the duty of the 
  Chair, 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. Deschler Ch 21 Sec. 23.3. 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 5 Sec. 6.3. In con

[[Page 826]]

  struing 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. Manual Sec. 902.
      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 irreconcilable conflict, the 
  one adopted later 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. Deschler Ch 5 Sec. 6.2. 
  Similarly, a rule adopted after an enactment may supersede those 
  provisions of the statute that would otherwise govern House procedure. 
  Deschler Ch 5 Sec. 6.


  Sec. 4 . Changing or Waiving Rules

                                 Generally

      Pursuant to its authority under article I, section 5 of the 
  Constitution, the House may change or waive the rules governing its 
  proceedings. This is so even with respect to rules enacted by statute. 
  Manual Sec. 857. 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 reported from the Committee on 
  Rules. 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. 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. Manual 
  Sec. 706; generally, see Questions of Privilege.
      The effect of a proposed change in the rules or a proposed special 
  order of business is a matter for debate and not within the 
  jurisdiction of the Chair to decide on a parliamentary inquiry during 
  its pendency. Manual Sec. 628; Deschler Ch 5 Sec. 5.12.
      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.

[[Page 827]]

   The resolution may be considered in the Committee of the Whole 
  pursuant 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, 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; 
  Deschler Ch 5 Sec. 5.1.
      Rule XV clause 2, the discharge rule, has also been used to bring 
  a proposed rules change before the House. Manual Sec. 892.

                           By Unanimous Consent

      Minor changes in the standing rules may be considered by unanimous 
  consent. Deschler Ch 5 Sec. 5.2. 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. 
  See, e.g., rule XVII clause 7.

                             By Special Order

      The House may adopt a special rule from the Committee on Rules 
  that has the effect of setting aside the standing rules of the House 
  insofar as they impede the consideration of a particular bill. 
  Deschler Ch 21 Sec. 19.7. The special rule may waive one or more--or 
  indeed all--points of order against consideration of a particular bill 
  or against provisions therein. 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. A rule that waives a point of 
  order under section 425 of the Congressional Budget Act of 1974 
  (unfunded intergovernmental mandates) is itself subject to a point of 
  order under section 426 of that Act.
      A special rule that ``self-executes'' the adoption of an amendment 
  is not subject to a point of order that the amendment would otherwise 
  be subject to because the amendment is not separately before the House 
  during consideration of the special order. For example, a special rule 
  has been held not subject to points of order for ``self-executing'' an 
  amendment that violated rule XVI clause 7 (germaneness) (Manual 
  Sec. 928), rule XXI clause 2 (legislation on an appropriation bill) 
  (Manual Sec. 1044), and rule XXI clause 4 (appropriation on a 
  legislative bill) (Manual Sec. 1065).
      For a full discussion of special orders, see Special Orders of 
  Business.


[[Page 829]]

 
         CHAPTER 51 - SENATE BILLS; AMENDMENTS BETWEEN THE HOUSES

                              HOUSE PRACTICE

           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 Committee
  Sec.  8. Consideration in the House
  Sec.  9. Consideration in Committee of the Whole
  Sec. 10. Consideration by Order of the House
  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 Stage of 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 Amendment
  Sec. 22. -- To Insist
  Sec. 23. -- To Refer to Committee

[[Page 830]]

  Sec. 24. -- To Adhere
  Sec. 25. Debate; Recognition
  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 Sec. Sec. 3090, 3108-3111, 4795-4808
          5 Hinds Sec. Sec. 6163-6253, 6308, 6310, 6324
          6 Cannon Sec. 730;
          7 Cannon Sec. Sec. 799, 819, 825;
          8 Cannon Sec. Sec. 3177-3208, 3211
          Deschler-Brown Ch 32
          Manual Sec. Sec. 485-488, 519, 521-529, 873, 874, 1069-1076

           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. U.S. Const. art. 1, 
  Sec. 7. The inability of the two Houses to agree on even the slightest 
  amendment to a bill causes the loss of the bill. 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 XIV 
  clause 2. Under this rule, Senate bills may be referred by the Speaker 
  to the appropriate standing committees in the same manner as public 
  bills introduced by the Members. Manual Sec. Sec. 873, 874; see 
  Sec. Sec. 5, 6, infra. However, Senate bills and resolutions that are 
  ``substantially the same'' as House measures favorably reported, and 
  not required to be considered in the Committee of the Whole, may be 
  disposed of in the House by motion authorized by the reporting 
  committee. Rule XIV clause 2; see Sec. 2, infra. Senate bills that do 
  not satisfy the conditions specified by that rule may be called up 
  under unanimous-consent, suspension of the rules, or special rule, but 
  not by motion. 95-2, Feb. 23, 1978, p 4480; Sec. Sec. 3, 4, infra. 
  Simple resolutions of the Senate that do not require House action are 
  not referred. 7 Cannon Sec. 1048.

[[Page 831]]

  Sec. 2 . By Motion

                                 Generally

      Under rule XIV clause 2, a Senate bill or resolution received in 
  the House after a House measure ``substantially the same'' has been 
  reported favorably and placed on the House Calendar or Private 
  Calendar is privileged. It may be called up from the Speaker's table 
  for consideration on motion directed by all reporting committees 
  having initial jurisdiction of the House bill. Manual Sec. 873; 4 
  Hinds Sec. Sec. 3097, 3101, 3102; 6 Cannon Sec. Sec. 727, 734. 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. 
  Under the modern practice, this rule is rarely used because few 
  measures qualify (most bills and joint resolutions reported in the 
  House are referred to the Union Calendar).
      The motion to call up the Senate bill is not subject to the 
  question of consideration but is subject to a point of order if the 
  conditions specified by the rule are not satisfied. 8 Cannon 
  Sec. 2443. The prerequisites of the rule are:

     The Senate bill must be substantially the same as the House 
         bill. 4 Hinds Sec. Sec. 3098, 3099, 3107-3111; 6 Cannon 
         Sec. 737.
     The Senate bill must not require consideration in the 
         Committee of the Whole, and, if private, must not involve an 
         appropriation. 4 Hinds Sec. Sec. 3101; 3102.
     The Senate bill must come to the House after the House bill is 
         placed on the calendar. 4 Hinds Sec. 3096; 6 Cannon Sec. 738.
     The House bill must be on the House Calendar or Private 
         Calendar (not the Union Calendar). 4 Hinds Sec. Sec. 3089, 
         3097.
     Under rule XIV clause 2, all reporting committees having 
         initial jurisdiction of the House measure must authorize the 
         calling up of the Senate bill from the Speaker's table. Manual 
         Sec. 873.

      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 Sec. Sec. 734, 736. Although a committee must 
  authorize the calling up of the Senate bill, the actual motion need 
  not be offered by a member of the committee. 4 Hinds Sec. 3100; 6 
  Hinds Sec. 739. The authority of a committee to call up a bill must be 
  given at a formal meeting of the committee. 8 Cannon Sec. Sec. 2211, 
  2212.
      Although the rule has been interpreted to apply to private Senate 
  bills that do not involve an appropriation (4 Hinds Sec. 3102), in 
  modern practice Senate private bills on the Speaker's table are 
  considered by unanimous con

[[Page 832]]

  sent during the call of the Private Calendar, whether they are 
  substantially the same as a House-passed private bill or not.

                                   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 from the Speaker's table Senate bill S. ____, a bill of 
    similar tenor, H.R. ____, having been reported and placed on the 
    House Calendar.
      Speaker: The gentleman calls from the Speaker's table the bill S. 
    ____, which the Clerk will report.

                            Floor Consideration

      Senate bills called up under this procedure are considered under 
  the general rules of the House, the Member in charge being recognized 
  for one hour. 6 Cannon Sec. 738. The procedure is as follows:

     The bill is read in full.
     The Member in charge uses or allots the hour to which he is 
         entitled.
     If the previous question is not moved at the expiration of the 
         first hour, another Member may be recognized for an hour.


  Sec. 3 . By Unanimous Consent

      A Senate measure may be taken from the Speaker's table and called 
  up for consideration in the House by unanimous consent. Deschler-Brown 
  Ch 32 Sec. Sec. 3.4, 4.4, 4.5. Consideration in the House by unanimous 
  consent is permitted even where the Senate measure ordinarily would 
  require consideration in the Committee of the Whole. Deschler-Brown Ch 
  32 Sec. 3.7.
      A unanimous-consent request to consider a Senate bill on the 
  Speaker's table may provide for its consideration in the House under 
  the hour rule. It also may include a provision that a specified 
  amendment be considered as pending. 97-2, Oct. 1, 1982, pp 27362, 
  27365-68.
      The House also may agree to a unanimous-consent request to take a 
  Senate bill from the Speaker's table and to strike all after the 
  enacting clause and insert in lieu thereof certain text. Deschler-
  Brown Ch 32 Sec. 3.4. For the Speaker's guidelines for recognition of 
  a unanimous-consent request to consider a Senate measure on the 
  Speaker's table, see Manual Sec. 956 and Recognition.


  Sec. 4 . By Special Rule

      The House may adopt a resolution reported from the Committee on 
  Rules that provides for consideration in the House of a Senate bill on 
  the

[[Page 833]]

  Speaker's table, even if the measure otherwise would require 
  consideration in the Committee of the Whole. Deschler-Brown Ch 32 
  Sec. 3.5.
      The Committee on Rules may report a special rule permitting 
  consideration in the House of a Senate measure from the Speaker's 
  table and preclude all intervening motions except, in the case of a 
  bill or joint resolution, the motion to recommit as protected by rule 
  XIII clause 6(c). Deschler Ch 21 Sec. 27; see Special Orders of 
  Business.
      In one instance, where the Senate had passed a bill dealing with 
  two subjects and the House then passed separate bills on each subject, 
  the House by a special rule amended the Senate bill with the combined 
  texts of the House-passed bills. 93-2, Aug. 21, 1974, p 29653.


  Sec. 5 . Referral to Committee

      Under rule XIV clause 2(b), the Speaker, in his discretion, may 
  refer Senate bills to committees in the same manner as public bills 
  originating in the House (as described in rule XII clause 2) unless 
  the Senate bills qualify for consideration under rule XIV clause 2(d). 
  Manual Sec. Sec. 873, 874; 6 Cannon Sec. 727; Sec. 2, supra. Simple 
  resolutions from the Senate that do not require any action by the 
  House are not referred. 7 Cannon Sec. 1048. For a discussion of 
  referral of House bills with Senate amendments, see Sec. 7, infra.


  Sec. 6 . -- Speaker's Discretion

      It is the practice to refer promptly bills messaged from the 
  Senate. Nevertheless, rule XIV clause 2(b) is merely discretionary and 
  not mandatory. Manual Sec. 873; 4 Hinds Sec. 3111. Furthermore, 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. 
  Under the modern practice, the Speaker may hold a Senate bill at the 
  table when a comparable House bill has been reported or ordered 
  reported by a House committee or when the Senate measure violates a 
  House rule (such as the rule against commemorations, rule XII clause 
  5) or the Constitution (such as the origination clause, article 1, 
  section 7). For a discussion of referral of House bills with Senate 
  amendments, see Sec. 7, infra.

[[Page 834]]

                           II. Senate Amendments

                    A. Before the Stage of Disagreement


  Sec. 7 . In General; Referral to Committee

                         Referrals by the Speaker

      Senate amendments to House bills messaged from the Senate normally 
  remain at the Speaker's table to be disposed of by unanimous consent, 
  by special rule, or by motion. However, before consideration of any 
  motions to dispose of Senate amendments, the Speaker has the authority 
  under rule XIV clause 2 to refer such amendments to the appropriate 
  committees and to impose any conditions permitted by rule XII clause 
  2, such as a time limitation for committee consideration. Manual 
  Sec. Sec. 528a, 873. For example, the Speaker may 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. 
  Deschler-Brown Ch 32 Sec. 5.29.
      The Speaker may hold at the desk or refer Senate amendments that 
  remain undisposed of after House action. For example, the Chair 
  indicated that should a resolution providing for concurring in Senate 
  amendments to a House bill be rejected, the bill and amendments would 
  remain on the Speaker's table for further action by the House. 
  Deschler-Brown Ch 32 Sec. 5.45. 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 committee having jurisdiction thereof. He 
  may hold the bill on the table until the Committee on Rules has an 
  opportunity to act or until the House takes other action. Deschler-
  Brown Ch 32 Sec. 5.5.

                            Referrals By Motion

      A motion to refer a Senate amendment that is under debate may be 
  offered pursuant to rule XVI clause 4. Manual Sec. 916. That motion 
  takes precedence over the motions to agree, disagree, or amend. Manual 
  Sec. 528b; 5 Hinds Sec. Sec. 6172-6174. Pursuant to rule XIX clause 2, 
  the motion to refer is in order even after the previous question has 
  been ordered on a motion to concur in the Senate amendment. However, a 
  motion to commit under clause 2 does not apply to a motion to dispose 
  of a Senate amendment after the stage of disagreement where the motion 
  to commit is used to displace a pending preferential motion. Manual 
  Sec. 1002.

[[Page 835]]

                         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. 
  Deschler-Brown Ch 32 Sec. 5.33.


  Sec. 8 . Consideration in the House

      Under rule XXII clause 2, House bills with Senate amendments that 
  do not require consideration in the Committee of the Whole may be 
  disposed of as the House may determine by privileged motion. Manual 
  Sec. 1071. This rule is applied to Senate amendments to House 
  amendments as well as to Senate amendments to House bills. Deschler-
  Brown Ch 32 Sec. 6.1. This rule is rarely used because few measures 
  qualify (most Senate amendments require consideration in the Committee 
  of the Whole because they raise revenue or they directly or indirectly 
  make appropriations of money or property). Manual Sec. 528a.


  Sec. 9 . Consideration in Committee of the Whole

      House bills with Senate amendments that require consideration in 
  the Committee of the Whole may not be called up in the House as 
  privileged for immediate consideration before the stage of 
  disagreement. Manual Sec. 528a; 6 Cannon Sec. 731. The only exception 
  is a motion to ask or agree to a conference under rule XXII clause 1. 
  4 Hinds Sec. Sec. 3149, 3150; 8 Cannon Sec. Sec. 3185, 3194. Reaching 
  the stage of disagreement, see Sec. 16, infra.
      Under rule XXII clause 3, an amendment of the Senate to a House 
  bill is subject to the point of order that it first must be considered 
  in the Committee of the Whole if, originating in the House, it would 
  be subject to that point of order. Manual Sec. Sec. 1072-1074. 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. Manual 
  Sec. 1073.
      Because of these restrictions against immediate consideration of 
  Senate amendments in the House, it was at one time common practice to 
  refer such amendments to the appropriate standing committee. 6 Cannon 
  Sec. 731. After committee consideration, they were taken up in the 
  Committee of the Whole. 4 Hinds Sec. Sec. 3108, 3109. Under the modern 
  practice, most Senate amendments are disposed of by a special order 
  reported from the Committee on Rules, by unanimous consent, or under 
  suspension of the rules. Sec. Sec. 11-13, infra.

[[Page 836]]

  Sec. 10 . Consideration by Order of the House

      If the House agrees to a request to take up a Senate amendment 
  before the stage of disagreement, 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 disposition. If, on the 
  other hand, a Senate amendment is placed before the House by unanimous 
  consent or a special rule merely ``for consideration,'' various 
  motions are in order in the following order of priority: to concur 
  with an amendment, to concur, or to disagree. A motion to concur with 
  an amendment can itself be amended, if the motion for the previous 
  question is rejected, to propose another amendment. Similarly, where 
  the House has adopted a special rule providing for the consideration 
  in the House of a motion to concur in Senate amendments that otherwise 
  require consideration in the Committee of the Whole, only the motion 
  to concur, made in order by the special rule, is in order. 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). Deschler-Brown Ch 
  32 Sec. 5.34.


  Sec. 11 . -- By Special Rule

                                 Generally

      Resolutions from the Committee on Rules may be used to authorize 
  the consideration in the House of a motion to dispose of a Senate 
  amendment before the stage of disagreement that would otherwise 
  require consideration in the Committee of the Whole. Such rules often 
  authorize the chairman of a designated committee to offer a specified 
  motion to dispose of the Senate amendments, waive all points of order 
  against the motion, provide that the Senate amendments and the motion 
  be considered as read, divide control of an hour of debate on the 
  motion, and order the previous question to adoption without 
  intervening motion or demand for division of the question. At this 
  stage, the special order need not protect the motion to recommit 
  because the bill is not at the stage of initial passage and thus rule 
  XIII clause 6(c)

[[Page 837]]

  does not apply. Manual Sec. 859. Illustrative rules from the Committee 
  on Rules have provided for:

     Consideration of a single motion offered by the chairman of a 
         designated committee to concur in sundry Senate amendments. 
         107-2, H. Res. 444, June 18, 2002, p ____.
     Consideration of a single motion offered by the chairman of a 
         designated committee to concur in a Senate amendment with an 
         amendment printed in the report of the Committee on Rules 
         accompanying the rule. 107-2, H. Res. 390, Apr. 18, 2002, p 
         ____.
     Consideration of a single motion offered by the chairman of a 
         designated committee to concur in each of the sundry Senate 
         amendments with respective amendment printed in the report of 
         the Committee on Rules accompanying the rule. 107-2, H. Res. 
         347, Feb. 14, 2002, p ____.
     Consideration of any motion offered by the Majority Leader to 
         dispose of any Senate amendments. 105-1, H. Res. 262, Nov. 10, 
         1995, p 32112.
     A motion to concur in Senate amendments considered as pending 
         immediately upon adoption of the rule. Deschler Ch 21 
         Sec. 27.15.
     Consideration of a reported bill and 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 a motion for the previous question is voted down on a 
  resolution providing for consideration of the Senate amendments, the 
  resolution is open to germane amendment. Deschler Ch 21 Sec. 27.18. If 
  a resolution providing for concurring in Senate amendments to a House 
  bill before the stage of disagreement is rejected, the bill and 
  amendments remain on the Speaker's table for further action by the 
  House. Deschler Ch 21 Sec. 27.20.

                         ``Hereby'' Special Rules

      On occasion the Committee on Rules has recommended a so-called 
  ``hereby'' special rule. Such a rule, if adopted by the House, orders 
  a disposition of a Senate amendment, often before the stage of 
  disagreement. Such a resolution eliminates the need for a motion to 
  dispose of the amendment. Such rule is sometimes referred to as a 
  ``hereby'' special order 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, no 
  further action by the House is required. The amendment is never itself 
  before the House for separate consideration.

[[Page 838]]

   Deschler Ch 21 Sec. Sec. 27.16, 27.19. Illustrative ``hereby'' rules 
  from the Committee on Rules have provided for:

     Hereby disposition of Senate amendments in three ways: (1) by 
         disagreeing to several designated amendments; (2) by concurring 
         with a specified amendment to one designated amendment; and (3) 
         by concurring in the remainder of the amendments. 99-2, Oct. 
         17, 1986, p 32982.
     Hereby disposition of sundry Senate amendments as follows: (1) 
         by disagreeing to several designated amendments and agreeing to 
         a conference requested by the Senate on those amendments; and 
         (2) by concurring in other designated amendments. Deschler Ch 
         21 Sec. 27.27.
     Hereby disagreement to Senate amendments and to message such 
         action to the Senate without intervening motion. Deschler-Brown 
         Ch 32 Sec. 5.40.
     Hereby concurrence in Senate amendments. Deschler Ch 21 
         Sec. 27.19.
     Hereby concurrence in a Senate amendment with a designated 
         amendment. Deschler Ch 21 Sec. 27.19; 107-2, H. Res. 450, June 
         26, 2002, p ____.

      Special orders of this nature may include provisions for a motion 
  to dispose of Senate amendments as well as ``hereby'' provisions 
  applicable to a related proposition. Illustrative rules from the 
  Committee on Rules have provided for:

     ``Hereby'' concurrence in a Senate amendment with a specified 
         amendment, ``hereby'' adoption of a related concurrent 
         resolution, and preclusion of the Clerk from transmitting the 
         Senate a message regarding the disposition of the Senate 
         amendment until the House has received a message that the 
         Senate has agreed to the concurrent resolution as adopted by 
         the House. 104-2, H. Res. 336, Jan. 5, 1996, pp 36, 380, 381.
     Consideration of a motion to concur in a Senate amendment and 
         also ``hereby'' adopting a separate resolution expressing the 
         legislative intent of the House in concurring in the Senate 
         amendment. 99-2, Sept. 12, 1986, p 23119.

      The adoption of a ``hereby'' resolution disposing of a Senate 
  amendment obviates the requirement of consideration in Committee of 
  the Whole under rule XXII clause 3 that would otherwise apply. Manual 
  Sec. 1072.

                   Special Rules and Motion to Recommit

      Rule XIII clause 6 precludes the Rules Committee from preventing a 
  motion to recommit with instructions a bill or joint resolution on 
  which the previous question has been ordered to passage. Manual 
  Sec. 857. Under that stricture, the Rules Committee may not propose 
  that the House ``hereby'' pass a bill or joint resolution or provide 
  for initial passage thereof without intervening motion. The Rules 
  Committee has reported resolutions that ultimately deny a motion to 
  recommit on the disposition of a Senate amendment. See, e.g., 107-2, 
  H. Res. 450, June 26, 2002, p ____.

[[Page 839]]

  Sec. 12 . -- By Unanimous Consent

                                 Generally

      Senate amendments may be considered in the House by unanimous 
  consent, even though such amendments normally would require 
  consideration in Committee of the Whole. 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. Deschler-Brown Ch 32 Sec. 5.7.
      This procedure may be invoked to permit the House to consider a 
  Senate amendment and concur therein with an amendment consisting of 
  the text of a House-passed bill. 95-1, May 11, 1977, p 14390. 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 another instance, the 
  House by unanimous consent made in order the consideration of a motion 
  to disagree to any Senate amendment that 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 precondition to such recognition. Manual Sec. 956. 
  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 committee member authorized 
  to make the request.

                    Form of Request as Affecting 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 the necessity for a vote on the amendment because 
  the amendment would be disposed of if the request is granted. 
  Deschler-Brown Ch 32 Sec. Sec. 5.11, 9.14. 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

[[Page 840]]

  subsequent motion to concur in the Senate amendment. Deschler-Brown Ch 
  32 Sec. 5.14.


  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). Deschler-Brown Ch 32 
  Sec. 5.25.
      A motion to suspend the rules and take a House bill with Senate 
  amendments from the Speaker's table and concur in the amendments with 
  a designated amendment may state the language of the designated 
  amendment (95-1, July 12, 1977, p 22483) or, more likely, may set 
  forth the designated amendment in the text of a resolution. Deschler-
  Brown Ch 32 Sec. 5.22. The House also has agreed to a motion to 
  suspend the rules and agree to a resolution whereby the House agreed 
  to the Senate amendment with a further amendment, insisted on the 
  House amendment, and requested a conference with the Senate. 98-2, 
  Aug. 8, 1984, p 22963.
      The suspension procedure in such cases does not require a 
  resolution when the language to be voted on directly is in the Senate 
  message and the House is not originating new language. For example, 
  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. 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 also may be sent to conference by motion 
  under the provisions of rule XXII clause 1 if the House is in 
  possession of the official papers. Deschler-Brown Ch 29 Sec. 17.1. 
  That rule provides that a motion to disagree with an amendment of the 
  Senate to a House proposition 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 
  proposition. Manual Sec. Sec. 1069, 1070. On a bill that has been 
  referred to more than one committee, the motion must be authorized by 
  the primary committee and all committees of initial referral reporting 
  thereon. A committee of sequential referral need not authorize a 
  motion made by direction of the

[[Page 841]]

  committee that reported the bill. Manual Sec. 1070; generally, see 
  Conferences Between the Houses.
      While a privileged motion to go to conference under rule XXII 
  clause 1 is pending, preferential motions to concur or to concur with 
  amendment are not in order (the stage of disagreement not having been 
  reached). Deschler-Brown Ch 32 Sec. 5.


  Sec. 15 . Motions; Precedence Before Stage of 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 XXII clause 1. Deschler-Brown Ch 32 
  Sec. 5.34. However, if a Senate amendment is considered pursuant to an 
  order of the House that does not specify the motion to be considered, 
  the amendment may then be disposed of by invoking one of the motions 
  shown in Chart No. 1 (Sec. 16, infra). Such motions are available in 
  the specified sequence and are arranged in order of precedence. Manual 
  Sec. 528b.
      The relative preference of motions at this stage favors allowing 
  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. Manual 
  Sec. 528b. These motions yield to the motion under rule XXII clause 1 
  to disagree and send to conference, which must be made by direction of 
  the pertinent committees.
      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 that is under debate--to table, to postpone to a day 
  certain, to refer, and to amend--all of which remain privileged under 
  rule XVI clause 4, the last three yielding to the motion for the 
  previous question. Manual Sec. 528b. Thus, 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 
  a motion for the previous question on the motion is defeated. 
  Deschler-Brown Ch 32 Sec. 11.20.
      Where a motion to recede and concur in an amendment reported from 
  conference in disagreement is divided on demand, and the House votes 
  to recede, the motion to concur with an amendment may be offered as 
  preferential to the motion to concur (the House having retreated from 
  the stage of disagreement). If the motion to concur with an amendment 
  is rejected, the question recurs on the original proposal to concur in 
  the Senate amend

[[Page 842]]

  ment. Deschler-Brown Ch 32 Sec. 9.16. On rejection of a motion to 
  concur in a pending Senate amendment, a motion to concur with an 
  amendment or a motion to disagree is in order. Deschler-Brown Ch 32 
  Sec. 9.17.
      A motion to concur in a Senate amendment with an amendment (before 
  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 Sec. Sec. 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 that 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 prescription in rule 
  XXII clause 1, relating to motions to ask or agree to a conference. 
  Sec. Sec. 8, 11, 15, supra. After the stage of disagreement has been 
  reached, motions in the House to resolve the matter 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 
  when the House is in possession of the papers. 8 Cannon Sec. 3194.

      Whether the House has reached the stage of disagreement also is 
  important in determining the kinds of motions that may be sought and 
  the precedence thereof. These motions (Manual Sec. 528) are shown in 
  Chart No. 1 and are listed in preferential order.

[[Page 843]]

  
  


      The stage of disagreement between the two Houses is reached when 
  the House has either disagreed to the Senate amendments or has 
  insisted on its own amendments to a Senate measure and has messaged 
  that action to the Senate. Manual Sec. Sec. 528a, 1074. For example, 
  where the House concurred in a Senate amendment to a House bill with 
  an amendment, insisted on the amendment, and requested a conference, 
  and the Senate then concurred in the House amendment with a further 
  amendment, the matter was privileged in the House for further 
  disposition because the House had communicated its insistence and 
  request for a conference to the Senate. Manual Sec. 1074.
      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 of its action by message. Only previous insistence 
  or disagreement by the House itself (and not merely disagreement, 
  insistence, or amendment

[[Page 844]]

  by the Senate) places the House in disagreement. Manual 
  Sec. Sec. 528a, 528c; Deschler-Brown Ch 32 Sec. 7.5.
      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 
  under rule XXII clause 4 and subject to one hour of debate. Manual 
  Sec. 1075.


                C. After the Stage of Disagreement; Motions


  Sec. 17 . In General; Privilege of Motions

      Under rule XXII clause 4, 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 are privileged and no 
  longer require unanimous consent for their consideration. Deschler-
  Brown Ch 32 Sec. 7.3. For example, 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.
      Once the stage of disagreement has been reached between the two 
  Houses on an amendment, motions in the House to dispose of the matter 
  at subsequent permissible stages of amendment remain privileged. For 
  example, where the House concurred in a Senate amendment to a House 
  bill with an amendment, insisted on the House amendment and requested 
  a conference, and the Senate then concurred in the House amendment 
  with a further amendment, the matter was privileged for further 
  disposition in the House because the stage of disagreement had been 
  reached. Deschler-Brown Ch 32 Sec. 7.5.


  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

[[Page 845]]

  order, are shown in Chart No. 1 (Sec. 16, supra). Manual Sec. 528d. 
  These motions have precedence in the order shown without regard to the 
  order in which they might 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 to dispose of the 
  amendment in disagreement. 8 Cannon Sec. 3204.
      In theory, once at the stage of disagreement, preferential status 
  is accorded to a motion that tends most directly to bring the Houses 
  into agreement. 8 Cannon Sec. 3204; Deschler-Brown Ch 32 Sec. 7.8. 
  Thus, the stage of disagreement having been reached, a motion to 
  recede and concur takes precedence over a motion to recede and concur 
  with an amendment and a motion to insist on disagreement, because the 
  motion to recede and concur most promptly tends to bring the two 
  Houses together. Manual Sec. 528d.
      For a discussion of the preferential status of a motion to insist 
  on disagreement to a Senate amendment reported from conference in 
  disagreement, where the original motion to dispose of the matter 
  portends legislation on an appropriation bill within the jurisdiction 
  of another committee, see rule XXII clause 8(b)(3); Manual Sec. 1084; 
  Conferences Between the Houses. Where the matter in disagreement is a 
  House amendment, see Sec. 29, infra.

                             Secondary Motions

      Secondary motions applicable when any question is under debate, 
  such as the motion to table, to refer, or to postpone, are available 
  to dispose of a Senate amendment and are in order when preferential. 
  Manual Sec. 911. 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. 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. Manual Sec. 1002; Deschler-Brown Ch 32 Sec. 7.5. 
  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 and takes precedence over 
  other motions to dispose of the amendment, including the motion to 
  insist on disagreement. Adoption of a motion to table the amendment 
  carries the

[[Page 846]]

  bill to the table. Manual Sec. 528d; 5 Hinds Sec. Sec. 5424, 6201-
  6203; Deschler-Brown Ch 32 Sec. 7.22.
      Laying on the table a motion to dispose of a Senate amendment 
  should be distinguished from the tabling of the Senate amendment 
  itself. Manual Sec. Sec. 528d, 914. A privileged motion to dispose of 
  a Senate amendment in disagreement is itself subject to the motion to 
  table. Manual Sec. 519. Thus, a motion to recede and concur is subject 
  to the motion to table (Deschler-Brown Ch 32 Sec. 7.27), as is the 
  motion to recede and concur with an amendment (Deschler-Brown Ch 32 
  Sec. 7.26). 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). 
  Manual Sec. 914; 5 Hinds Sec. Sec. 5393-5395.
      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, because other motions could still be available to dispose of 
  the amendment. See Deschler-Brown Ch 32 Sec. 7.10.


  Sec. 20 . -- To Recede and Concur

                                In General

      After the stage of disagreement has been reached, a motion to 
  recede and concur is highly preferential, yields only to a motion to 
  table (Sec. 19, supra), and takes precedence over:

     A motion to recede and concur with an amendment. 8 Cannon 
         Sec. Sec. 3198, 3202.
     A motion to insist on disagreement. 5 Hinds Sec. 6208; 8 
         Cannon Sec. 3194.
     A motion to disagree (or insist) and request a conference. 
         Manual Sec. 528d.
     A motion to adhere. 5 Hinds Sec. 6271.

      A motion to recede and concur is in order even after a motion for 
  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. Deschler-Brown Ch 32 Sec. 10.25. However, 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. Deschler-Brown 
  Ch 32 Sec. 10.27. If a motion to insist on disagreement to the Senate 
  amendment was pending, the question would recur on that motion. 
  Deschler-Brown Ch 32 Sec. 10.28.

[[Page 847]]

                           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. 
  The division may be demanded as a matter of right under rule XVI 
  clause 5. Manual Sec. 921. The House does not vote on whether to 
  permit a division of the question. Deschler-Brown Ch 32 Sec. 10.11.
      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 Deschler-Brown Ch 32 Sec. Sec. 8.1, 10.13.
      If the question has been divided and the motion to recede is 
  agreed to, then the question of concurring is before the House. 
  Deschler-Brown Ch 32 Sec. 10.20. 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 Sec. Sec. 6209, 6210; 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. Manual Sec. 528d.


  Sec. 21 . -- To Recede and Concur With 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, e.g., 97-1, May 20, 1981, p 
  10319. This motion ordinarily yields to the motion to recede and 
  concur but takes precedence over the motion to insist and over the 
  motion to adhere. Manual Sec. 528d; 5 Hinds Sec. Sec. 6219-6223; 8 
  Cannon Sec. Sec. 3200, 3202.
      A motion to recede and concur with an amendment is subject to 
  amendment if the motion for the previous question is voted down or if 
  the Member in control of the floor yields for that purpose. Deschler-
  Brown Ch 32 Sec. Sec. 11.19, 11.21. 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. Deschler-Brown Ch 32 
  Sec. 11.12.
      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 32064; 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.

[[Page 848]]

  Sec. 22 . -- To Insist

      A Senate amendment in disagreement may be disposed of pursuant to 
  a motion to insist on disagreement or a compound motion to insist on 
  disagreement and request a (further) conference. Because 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 insist. 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 but takes precedence over the motion to refer. 5 Hinds 
  Sec. 6225; 8 Cannon Sec. 3183. 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. 
  Deschler-Brown Ch 33 Sec. 29.50.
      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. See, e.g., Deschler-Brown Ch 32 Sec. Sec. 12.2, 
  12.9. 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. Deschler-Brown Ch 32 Sec. 12.10. Underlying these precedents 
  is the reasoning that because 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. Deschler-Brown Ch 32 Sec. 12.8.
      A motion to insist on disagreement and request a further 
  conference may be in order after the rejection of a conference report 
  or after the conference managers have reported a Senate amendment in 
  disagreement. Deschler-Brown Ch 32 Sec. Sec. 11.13, 12.13. For 
  example, on rejection of a motion to recede and concur in a Senate 
  amendment with an amendment, the manager may be recognized to offer a 
  motion that the House insist on its disagreement to the amendment. 96-
  1, May 23, 1979, p 12489. 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 on 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, absent recognition of another Member, to offer a motion to 
  recede and concur. Desch

[[Page 849]]

  ler-Brown Ch 32 Sec. 12.8. Similarly, the rejection of a motion to 
  recede and concur is not equivalent to the adoption of a motion that 
  the House insist on disagreement. Deschler-Brown Ch 32 Sec. 12.5.
      Under rule XXII clause 8(b)(3), a motion to insist on disagreement 
  to a Senate amendment to a general appropriation bill reported in 
  disagreement by a conference committee is preferential and separately 
  debatable if the original motion to dispose of the Senate amendment 
  proposes to change existing law and the motion to insist is timely 
  offered by the chairman of a committee of jurisdiction or a designee. 
  Under clause 8(b)(3), the previous question is considered as ordered 
  on such motion to its adoption without intervening motion. Manual 
  Sec. 1084.


  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 motions of higher preferential status, such as the motion to recede 
  and concur and the motion to insist. 5 Hinds Sec. 6225; 8 Cannon 
  Sec. 3259. 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. Manual Sec. 1002; Deschler-Brown Ch 32 Sec. 7.5. However, 
  after the House has receded from disagreement to a Senate amendment, a 
  motion to amend is preferential, so that, after the previous question 
  is ordered on a motion to concur, 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, e.g., 5 Hinds Sec. 6239. The motion to adhere is 
  rarely used in modern practice, but when both Houses have insisted, 
  neither inclining to recede, it is in order. This motion yields to 
  motions of higher precedence, such as the motion to recede and concur 
  and the motion to insist. Manual Sec. 528d; 5 Hinds Sec. 6324. When 
  both Houses adhere, the bill fails, even though the disagreement may 
  be over a very minor amendment. 5 Hinds Sec. Sec. 6163, 6233-6240, 
  6313, 6324, 6325.

[[Page 850]]

      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. However, the House may recede from its 
  disagreement to certain amendments and adhere to it as to other 
  amendments to the same bill. 5 Hinds Sec. 6229; for adherence to House 
  amendments, see Sec. 29, 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 
  for 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 Sec. Sec. 6241, 6308. 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.


  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. Deschler-Brown Ch 32 
  Sec. 8.1. Under rule XXII clause 8(d), 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. The motion is 
  debatable for one hour, equally divided between the majority and 
  minority (and sometimes a third Member). See Conferences Between the 
  Houses. The equal division of debate between the majority and minority 
  parties under clause 8(d) technically applies only 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 that has 
  not been reported from conference but that is subsequently before the 
  House. Deschler-Brown Ch 32 Sec. 7.4. 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. 1086.
      Although 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. 
  Deschler-Brown Ch 33 Sec. 29.12. For example, 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. Deschler-Brown Ch 32 Sec. 7.14. 
  Similar rules are applied to amendments re

[[Page 851]]

  ported from conference in disagreement; that is, the proponent of the 
  preferential motion does not thereby gain control of the time for 
  debate. Deschler-Brown Ch 32 Sec. 8.1.
      Although the manager of a conference report is entitled to prior 
  recognition to offer motions to dispose of amendments in disagreement, 
  he is not entitled to offer two motions, one preferential to the 
  other, to be pending at the same time. However, where the first motion 
  to insist on disagreement has been superseded by a preferential motion 
  to recede and concur, then the initial motion is no longer pending. 
  When the House votes to recede on the first portion of that divided 
  question, the manager may be recognized to offer another motion to 
  concur with an amendment, which would be preferential to the remaining 
  proposal to concur. Deschler-Brown Ch 32 Sec. 8.2. This is to be 
  contrasted with the situation where the bill manager offers a motion 
  to dispose of a Senate amendment that is rejected by the House. In 
  that case, recognition to offer a subsequent motion to dispose of the 
  pending Senate amendment shifts to a Member who led the opposition to 
  the rejected motion. See Manual Sec. 954.


  Sec. 26 . Disposition of Nongermane Senate Provisions

      Under rule XXII clause 10, 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 that 
  would not have been germane if offered in the House. Clause 10 permits 
  points of order against language in a conference report that was 
  originally in a Senate bill and that would not have been germane if 
  offered to the House-passed version, and permits a separate motion to 
  reject such portion of the conference report if found nongermane. 
  Manual Sec. Sec. 931, 1089, 1090. Clause 10 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 an opponent of the motion. Manual Sec. Sec. 1089, 1090; 
  see Germaneness. Under the modern practice, conference reports are 
  considered pursuant to a special rule that waives all points of order 
  against the conference report and its consideration, including rule 
  XXII clause 10.

                 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 mo

[[Page 852]]

  tion authorized by a special rule from the Committee on Rules. 
  Sec. Sec. 2-4, supra. A Senate amendment to a House measure also is 
  subject to amendment by the House. The motion to concur with an 
  amendment is in order before the stage of disagreement, and the motion 
  to recede and concur with an amendment is in order after the stage of 
  disagreement. Sec. Sec. 15, 21, supra. As pointed out elsewhere, 
  however, an amendment to an amendment to an amendment is in the third 
  degree and not in order absent unanimous consent, suspension of the 
  rules, or a special rule providing such procedure. See Amendments. 
  This rule governs the two Houses, according to Jefferson's Manual, and 
  is applicable to amendments between the Houses, as shown in Chart No. 
  2. Manual Sec. 529.
  
  
      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 
  amending

[[Page 853]]

  House may amend the last amendment, but further amendment is not 
  permissible. 5 Hinds Sec. Sec. 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. 
  Deschler-Brown Ch 32 Sec. 6.4. 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 
  40711, 40712. However, a conference report recommending amendments at 
  this stage is not subject to a point of order that the amendments are 
  in the third degree.
      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 consider itself no longer 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 (that 
  merely inserts new matter and does not strike House provisions) must 
  ordinarily be germane to the particular Senate amendment to which it 
  is offered, its germaneness to the provisions of the bill being 
  insufficient. Manual Sec. 931; 5 Hinds Sec. 6188. 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). Manual Sec. 931.
      A motion to recede and concur in a Senate amendment with an 
  amendment must be germane to the Senate amendment. Deschler-Brown Ch 
  28 Sec. 27.1. However, where a Senate amendment proposes to strike 
  language in a House bill, the test of the germaneness of a motion to 
  recede and concur with an amendment is the relationship between the 
  language in the motion and the provisions in the House bill proposed 
  to be stricken by the Senate

[[Page 854]]

  amendment, as well as to the matter to be inserted by the Senate 
  amendment. Deschler-Brown Ch 28 Sec. 27.9.
      Rule XXII clause 10 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. Manual Sec. Sec. 1089-1091; for more 
  comprehensive discussion, see Germaneness of Amendments.


  Sec. 29 . Amending House-passed Amendments; Receding, Insisting, 
            Adhering

                                 Generally

      Jefferson reasoned that, although 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, although the House may recede from or insist on its 
  own amendment, it may not couple an amendment with such an 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 used primarily when the Senate has disagreed to 
  the House amendment, are as follows:

     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 might 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 or by unanimous consent. Manual Sec. 524; Deschler-Brown Ch 32 
  Sec. Sec. 10.3, 10.5. If the House recedes from its own amendment, the 
  bill is passed unamended, unless the Senate has concurred in the House 
  amendment with a Senate amendment. Deschler-Brown Ch 32 Sec. 10. 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.

[[Page 855]]

      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). Manual Sec. 526. Of 
  course, where the House has previously concurred in a Senate amendment 
  with an amendment, the House does not, merely by receding from its 
  amendment, concur in 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. However, where both Houses insist 
  and neither asks for a conference or recedes, 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 before the stage of 
  disagreement has been extremely rare and is used infrequently under 
  the modern practice, even after the stage of disagreement. 5 Hinds 
  Sec. 6303. The motion to adhere to an amendment is the least-
  privileged motion, yielding to the motion to recede and the motion to 
  insist. In addition, the ordinary motions applicable to any question 
  that is under debate--to table, to postpone to a day certain, and to 
  refer--remain privileged under rule XVI clause 4. 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 offered. 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 
  Sec. Sec. 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. Con

[[Page 856]]

  ferences often have been asked and granted where only one House has 
  adhered. 5 Hinds Sec. Sec. 6241-6244.


[[Page 857]]

 
                   CHAPTER 52 - SPECIAL ORDERS OF BUSINESS

                              HOUSE PRACTICE

  Sec. 1. In General
  Sec. 2. Reporting Special Orders of Business
  Sec. 3. Forms
  Sec. 4. Consideration of Special Orders of Business
  Sec. 5. Modification of Special Orders of Business
  Sec. 6. Procedures Prescribed by Special Orders of Business
        Research References
          4 Hinds Sec. Sec. 3152-3265
          7 Cannon Sec. Sec. 758-845
          Deschler Ch 21 Sec. Sec. 16-19
          Manual Sec. Sec. 734, 855, 857-859


  Sec. 1 . In General

                        Jurisdiction and Authority

      A resolution that specifies the manner in which a measure is to be 
  taken up and the procedures to be followed during its consideration is 
  called a ``special order of business'' or ``special rule.'' Such a 
  resolution, once adopted by the House, gives privilege to the measure 
  to be considered. Deschler Ch 21 Sec. 16. The Committee on Rules has 
  jurisdiction to report such resolutions under rule X clause 1(m). 
  Manual Sec. 733. By adoption of a special order by majority vote, the 
  House establishes the parameters of its agenda on an ad hoc basis. 
  Special orders of business are distinct from ``special-order 
  speeches,'' which are discussed in Consideration and Debate.
      Because of the wide diversity of their use in the legislative 
  process, special rules are discussed in many other chapters in this 
  work; such as Amendments; Committees of the Whole; Conferences Between 
  the Houses; Consideration and Debate; Germaneness of Amendments; Order 
  of Business; Postponement; and Senate Bills and Amendments Between the 
  Houses. Measures not taken up under a special order of business may be 
  taken up by unanimous consent or considered under suspension of the 
  rules or are privileged in their own right under other standing rules. 
  See Appropriations; Order of Business; Privileged Business;

[[Page 858]]

  Questions of Privilege; Unanimous-Consent Agreements; and Suspension 
  of Rules.

               Restrictions on Authority of Rules Committee

      The broad power of the Committee on Rules to report resolutions 
  varying the order of business or providing a special order is 
  expressly restricted by rule XIII clause 6(c), which protects the 
  motion to recommit and the Calendar Wednesday call of committees. See 
  Refer and Recommit and Calendar Wednesday. The restriction relating to 
  Calendar Wednesday business preserves the requirement for a two-thirds 
  vote to dispense with business under rule XV clause 7. The rule 
  protects the ability of a reporting committee to call up, under the 
  general rules of the House, a measure it reported, thus bypassing the 
  necessity of a special order providing for consideration of the 
  measure. The restriction relating to the motion to recommit, which is 
  considered a fundamental prerogative of the minority, preserves the 
  opportunity to include proper instructions in the motion to recommit a 
  bill or joint resolution as described in rule XIX clause 2(b). Manual 
  Sec. 857.
      In the 104th Congress, the restriction relating to the motion to 
  recommit was extended to prohibit the Committee on Rules from 
  recommending a rule or order that would prevent a motion by the 
  Minority Leader or his designee to recommit a bill or joint resolution 
  with instructions to report back an amendment otherwise in order, 
  except in the case of a Senate bill or joint resolution for which the 
  text of a House-passed measure is being substituted. Manual Sec. 857. 
  For a discussion of the restriction before it was extended to include 
  amendatory instructions, see Manual Sec. 859.
      A special order providing for consideration of a bill under 
  suspension of the rules does not violate rule XIII clause 6 because no 
  motion to recommit is available under suspension when the previous 
  question is not in order. Manual Sec. 859; 8 Cannon Sec. 2267.
      Section 425 of the Congressional Budget Act of 1974 precludes 
  consideration of a measure imposing Federal intergovernmental mandates 
  above a specified threshold amount. Manual Sec. 1127; 2 USC 
  Sec. 658e(a). Section 426 precludes the consideration of a special 
  order of business that waives points of order under section 425 of the 
  Congressional Budget Act. However, this restriction is ``enforced'' by 
  a Member raising a point or order against the rule and then the House 
  disposing of the question of consideration on the rule. The attention 
  of the House is thus focused on the waiver. After limited debate, the 
  House may decide to proceed with consideration of the rule. See 
  Unfunded Mandates.

[[Page 859]]

                      Application to Various Measures

      The privilege of the Committee on Rules to report special orders 
  of business extends to special orders for the consideration of 
  individual bills or classes of bills or the consideration of a 
  specified amendment to a bill and the prescription of a mode of 
  considering such amendment. 5 Hinds Sec. 6774; 8 Cannon Sec. 2258; see 
  Sec. 6, infra.
      Customarily, a committee that has reported, or has jurisdiction 
  over, a measure requests the Committee on Rules to provide a special 
  order of business for its consideration. However, the Committee on 
  Rules also may provide for consideration of an unreported bill (the 
  adoption of the resolution discharges the committees to which the bill 
  was referred). 8 Cannon Sec. 2259; Deschler Ch 21 Sec. Sec. 16.15-
  16.17. It may even provide for the consideration of a bill that has 
  not yet been introduced or permit consideration of a measure that 
  comes into existence by virtue of adoption by the House of the special 
  order. Manual Sec. 855; 8 Cannon Sec. 3388. For example, it may 
  provide for consideration of a joint resolution originated upon 
  adoption of the special order consisting of the text of a Senate-
  passed joint resolution identical to a measure previously rejected by 
  the House under a separate statutory approval procedure. 99-2, Apr. 
  15, 1986, p 7531.
      The Committee on Rules also may recommend a ``hereby'' resolution 
  that provides for a concurrent resolution correcting the enrollment of 
  a bill to be considered as adopted by the House upon the adoption of 
  the special order. Similarly, it may provide that a Senate amendment 
  pending at the Speaker's table and otherwise requiring consideration 
  in Committee of the Whole be ``hereby'' considered as adopted upon 
  adoption of the special order or considered as adopted with a further 
  specified amendment. Manual Sec. 855; Deschler Ch 21 Sec. 16.11. In 
  both cases, there is no bill or joint resolution pending initial final 
  passage. Therefore, the stricture under rule XIII clause 6(c) against 
  denying a motion to recommit with instructions is not operative.
      A special order of business may make in order two or more 
  propositions. It also may link two measures separately considered into 
  one engrossment. Manual Sec. 476.
      Special orders of business that prescribe procedures for the 
  consideration of conference reports and amendments between the Houses 
  may:

     Waive points of order against a conference report and against 
         its consideration. 107-1, Dec. 12, 2001, p ____.
     Provide for the immediate consideration of a conference report 
         when it is eventually reported from the committee of 
         conference. Deschler Ch 21 Sec. 16.

[[Page 860]]

     Permit a motion to ``hook-up'' a House-passed measure with a 
         similar Senate-passed measure and a motion to go to conference. 
         107-1, July 12, 2001, p ____.
     Provide for a motion to dispose of Senate amendments to a 
         House bill. 104-1, Dec. 13, 1995, p 36290.
     Permit a third-degree amendment to be offered to a Senate 
         amendment. 103-1, Sept. 30, 1993, p 23148.
     Allow conferees to refile a conference report in a corrected 
         form without a new meeting or new signatures. 104-1, Nov. 17, 
         1995, p 33741.

      The Committee on Rules has reported as privileged a special order 
  of business nearly identical to one previously rejected by the House, 
  but it was held not to constitute ``another of the same substance'' 
  within the meaning of Jefferson's Manual because it provided a 
  different scheme for general debate. Manual Sec. 515.
      At the convening of a new Congress, a special order of business 
  has been offered as privileged 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. Manual Sec. 60.

                                  Waivers

      The Committee on Rules may report and call up as privileged 
  resolutions temporarily waiving or altering any rule of the House, 
  including statutory provisions enacted as an exercise of the 
  rulemaking authority of the House, that would prohibit the 
  consideration of a bill or otherwise establish an exclusive procedure 
  for consideration of a particular type of measure. Manual Sec. 857. 
  For example, the Committee on Rules has reported as privileged a joint 
  resolution repealing the statutory requirement--a joint rule--that 
  each House adjourn sine die not later than July 31. Manual Sec. 1106.
      Points of order do not lie against the consideration of a special 
  order for waiving points of order against a measure, 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 on Rules to recommend a waiver. See 
  Unfunded Mandates.
      Under rule XIII clause 6(g), a special order of business shall, 
  ``to the maximum extent possible,'' be specific with respect to any 
  waiver of a point of order against the underlying measure or against 
  its consideration. Manual Sec. 863.

[[Page 861]]

  Sec. 2 . Reporting Special Orders of Business

                           Generally; Typography

      Under rule XIII clause 3(g), a report from the Committee on Rules 
  repealing or amending a standing rule must include a Ramseyer-type 
  comparative print; that is, appropriate typography showing the 
  proposed omissions or insertions. This clause does not apply to 
  resolutions that merely provide temporary waivers of rules during the 
  consideration of particular legislative business. Manual Sec. 848.

                    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 and has been called up before District of 
  Columbia business that is privileged on District Day. Deschler Ch 21 
  Sec. Sec. 17.7, 17.8. A report from the Committee on Rules takes 
  precedence over a motion to consider a measure that is ``highly 
  privileged'' pursuant to a statute enacted as an exercise of the 
  rulemaking authority of the House, acknowledging the constitutional 
  authority of the House to change its rules at any time. Manual 
  Sec. 857.
      Although highly privileged, a report from the Committee on Rules 
  yields to the presentation of conference reports (5 Hinds Sec. 6449) 
  and to a question of the privileges of the House (8 Cannon Sec. 3491). 
  A report is not in order after the House has voted to go into 
  Committee of the Whole. 5 Hinds Sec. 6781.
      At the convening of a new Congress, a special order of business 
  has been offered as privileged 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. Manual Sec. 60.
      Once a special order of business is under debate, the House can 
  postpone further consideration and proceed to other business only by 
  unanimous consent. Deschler Ch 21 Sec. 17.11. However, under rule XVI 
  clause 2, the manager of the resolution can withdraw it from 
  consideration before a decision has been made thereon. Deschler Ch 21 
  Sec. 18.41. If the resolution is later reoffered, debate under the 
  hour rule begins anew. Deschler Ch 21 Sec. 17.11 (note).

                    Reporting to the House; Calling Up

      Under rule XIII clause 6(d), the Committee on Rules must present a 
  special-order resolution to the House within three legislative days of 
  the time when it orders a report with respect to the underlying 
  measure. Manual Sec. 861.

[[Page 862]]

      Ordinarily, a report from the Committee on Rules is called up for 
  consideration by a member of that committee who has been so 
  authorized. However, under rule XIII clause 6(d), if the report has 
  been on the House Calendar for seven legislative days without being 
  called up, any member of the committee may call it up provided the 
  member gives notice of one calendar day of his intention to do so. 
  This rule may be invoked by a minority member of the committee. Manual 
  Sec. 861.
      Under rule XIII clause 6(e), in the event an adverse report is 
  made by the Committee on Rules on a special order of business, any 
  Member of the House may call up the report and move the adoption of 
  the resolution on a day when motions to discharge committees are in 
  order. Manual Sec. 861; see Discharging Measures From Committees.

                          Same-day Consideration

      Although 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 as 
  reported under rule XIII clause 6(a) unless so determined by a vote of 
  not less than two-thirds of the Members voting, a quorum being 
  present. This requirement does not apply to resolutions called up 
  during the last three days of a session. Manual Sec. 857. The 
  Committee on Rules may report a resolution waiving this requirement. 
  93-2, Dec. 19, 1974, p 41572.
       The two-thirds vote needed for same-day consideration does not 
  alter the requirement that a simple majority must actually adopt the 
  resolution. Deschler Ch 21 Sec. 18.7. If consideration is ordered by a 
  two-thirds vote, a point of order that the resolution has not been 
  printed does not lie. Manual Sec. 857.
      Under rule XIII clause 6(a)(2), the two-thirds vote requirement 
  for same-day consideration does not apply if the only effect of a rule 
  is to waive the three-day layover requirement for a particular 
  reported bill or the three-day layover and two-hour availability 
  requirement for a conference report and amendments in disagreement. 
  Manual Sec. 857.
      A report filed by the Committee on Rules at any time before the 
  convening of the House on the next legislative day may be called up 
  for immediate consideration without the two-thirds requirement. If the 
  House continues in session into a second calendar day and then meets 
  again that day, or convenes for two legislative days on the same 
  calendar day, any report filed on the first legislative day may be 
  called up on the second without the question of consideration being 
  raised. Manual Sec. 857.

[[Page 863]]

  Sec. 3 . Forms

                               Filing a Rule

      Member: Mr. Speaker, by direction of the Committee on Rules, I 
    present a privileged report.
      Speaker: The Clerk will report the title of the resolution. [After 
    Clerk reports title.] The report is referred to the House Calendar 
    and 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.
      Speaker: The Clerk will report the resolution. [Unanimous consent 
    to waive the reading in full is normally not entertained.] 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.
      Speaker: The Clerk will report the title of the resolution. [After 
    Clerk reports title.] The report is referred to the House Calendar 
    and ordered to be printed.
      Member: Mr. Speaker, by direction of the Committee on Rules, I 
    call up House Resolution ------ and ask for its immediate 
    consideration.
      Speaker: The Clerk will report the resolution. [Unanimous consent 
    to waive the reading in full is normally not entertained.] 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.


  Sec. 4 . Consideration of Special Orders of Business

                                  Debate

      Special orders of business reported from the Committee on Rules 
  are considered in the House, as distinguished from the Committee of 
  the Whole. Therefore, a Member recognized to call up a special order 
  of business by direction of the Committee on Rules manages one hour of 
  debate. Deschler Ch 21 Sec. 18. Other Members may be recognized only 
  if yielded time. Deschler Ch 21 Sec. 18.15. 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. 
  Deschler Ch 21 Sec. 18.15 (note). The minority member is permitted to 
  yield his time in segments to other Members.

[[Page 864]]

      Debate on a special order of business may range to the merits of 
  the measure to be made in order because the question of consideration 
  of the bill is involved. However, it should not range to the merits of 
  a measure not to be considered under that special order. Manual 
  Sec. 948.

                        Amendments and Divisibility

      Under rule XVI clause 5(b), a special order of business resolution 
  is not divisible. Manual Sec. 919. The manager of the special order of 
  business may offer one or more amendments thereto, and authorization 
  of the committee is not required. Deschler Ch 21 Sec. 18.23. The 
  resolution is not otherwise subject to amendment from the floor unless 
  the manager yields for that purpose or unless the House fails to order 
  the previous question. Deschler Ch 21 Sec. 18.19.

                      Dilatory Motions Not Permitted

      The question of consideration may not be raised against a report 
  from the Committee on Rules. 5 Hinds Sec. Sec. 4961, 4962; 8 Cannon 
  Sec. Sec. 2440, 2441. The clause forbidding dilatory motions has been 
  construed strictly. 5 Hinds Sec. Sec. 5740-5742. As such, the 
  following have been excluded:

     A motion to commit or recommit after the ordering of the 
         previous question. 5 Hinds Sec. Sec. 5593-5601; 8 Cannon 
         Sec. Sec. 2270, 2750, 2753.
     An appeal from the Chair's decision not to entertain the 
         question of consideration or a motion to lay the pending 
         resolution on the table. 5 Hinds Sec. 5739.
     A motion to postpone to a day certain. Manual Sec. 858.
     A motion to table an amendment offered by the manager of the 
         rule. Manual Sec. 858.

      A motion to reconsider the vote on the motion for the previous 
  question on the rule (and on any pending amendment thereto) is not 
  dilatory and may be laid on the table without carrying with it the 
  resolution itself. Manual Sec. 858; 5 Hinds Sec. 5739.
      In the event that the motion for the previous question is rejected 
  on a privileged resolution from the Committee on Rules, the provisions 
  of clause 6(b) prohibiting ``dilatory'' motions no longer strictly 
  apply. As such, the resolution is subject to proper amendment, further 
  debate, or a motion to table or refer, subject to being preempted by a 
  preferential motion offered by another Member. Manual Sec. 858.
      Only one motion to adjourn is admissible during the consideration 
  of a report from the Committee on Rules, and the motion may not be 
  offered when another Member has the floor. Manual Sec. 858. Where the 
  House adjourns during the consideration of a report from the Committee 
  on Rules,

[[Page 865]]

  further consideration of the report becomes unfinished business on the 
  following day, and debate resumes from the point where interrupted. 
  Manual Sec. 858.

                 Rejection of Motion for Previous Question

      In the event that the motion for the previous question is 
  rejected, the Member who has led the opposition will be recognized for 
  one hour unless preempted by a preferential motion, such as the motion 
  to table, which may be offered by any Member. The Member recognized 
  may yield such time as he desires, may offer an amendment to the 
  resolution, and may move the previous question on the amendment and 
  the resolution. Deschler Ch 21 Sec. 18.

                                  Voting

      A special order of business requires a majority vote for adoption. 
  4 Hinds Sec. 3169. Under rule XX clause 8, the Speaker has the 
  authority to postpone for up to two legislative days a record vote on 
  the motion for the previous question or on the adoption of a rule. 
  Manual Sec. 1030; see Voting.


  Sec. 5 . Modification of Special Orders of Business

                               By Resolution

      The Committee on Rules may report a privileged resolution 
  modifying the operation or effect of a previous special order adopted 
  by the House. 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. 8 Cannon Sec. 2258; Deschler Ch 21 Sec. Sec. 16.26, 
  16.27.

                     By Unanimous Consent in the House

      A unanimous-consent request to modify the terms established by a 
  special order providing for the consideration of a measure in the 
  Committee of the Whole may be made after its adoption by the House and 
  before completion of consideration of the underlying measure in the 
  Committee. 99-2, Sept. 24, 1986, p 25890.
      A unanimous-consent request may not be entertained in the 
  Committee of the Whole if the request would materially modify 
  procedures required by a special order of business adopted by the 
  House. Such requests must be

[[Page 866]]

  made in the House. For example, the following requests may not be 
  entertained in the Committee of the Whole:

     To permit a perfecting amendment to be offered to the 
         underlying bill where a special order permitted its 
         consideration only as a perfecting amendment to a committee 
         amendment.
     To permit a substitute to be read for amendment by section 
         where the special order did not so provide.
     To extend the time limitation for consideration of amendments 
         beyond that set by a special order requiring the Chair to put 
         the question on the pending amendments at the expiration of 
         certain hours of consideration.
     To restrict authority granted in a special order to ``en 
         bloc'' amendments.
     To change the scheme for control or duration of general debate 
         specified by the House.
     To preempt the Chair's discretion to postpone and cluster 
         votes or to schedule further consideration of a pending measure 
         to a subsequent day.
     To postpone a vote on an appeal of a ruling of the Chair.
     To permit an amendment to an amendment rendered unamendable by 
         a special order or to permit a subsequent amendment changing 
         such unamendable amendment after its adoption.
     To permit consideration of an amendment out of the order 
         specified in a special order.
     To permit consideration of an additional amendment or to 
         authorize a supplemental report from the Committee on Rules in 
         lieu of the original report referred to in the special order.
     To permit another to offer an amendment vested in a specified 
         Member.
     To permit a division of the question on an amendment rendered 
         indivisible by a special order.

  Manual Sec. 993.

      Although the House may alter the terms of an adopted special order 
  to make an additional amendment in order in the Committee of the 
  Whole, the Chair may decline to entertain a unanimous-consent request 
  to admit an additional nongermane amendment unless assured the request 
  has been cleared. This is consistent with the Speaker's announced 
  policy of conferring recognition for unanimous-consent requests for 
  the consideration of unreported bills and resolutions only when 
  assured that the majority and minority floor and committee leaderships 
  have no objection. Manual Sec. Sec. 857, 956.
      The Member offering an amendment in the Committee of the Whole 
  pursuant to a special order of the House has the burden of proving 
  that it meets the description of the amendment made in order. Manual 
  Sec. 993.

            By Unanimous Consent in the Committee of the Whole

      The Chairman of the Committee of the Whole may entertain a 
  unanimous-consent request to modify a special order of business if the 
  request

[[Page 867]]

  proposes merely an incidental or minor change to the special order. 
  For example, the following unanimous-consent requests have been 
  entertained in Committee of the Whole:

     To permit the modification of a designated amendment rendered 
         unamendable by a special order, once offered, if the request is 
         propounded by the proponent of the amendment, including as 
         unfinished business where proceedings on a request for a 
         recorded vote have been postponed.

      Note: In this case, the modification is not technically an 
  amendment to the designated amendment and is thus not specifically 
  foreclosed by the special order.

     To permit a page reference to be included in a designated 
         amendment made in order as printed where the printed amendment 
         did not include that reference.
     To permit a supporter of an amendment to claim time for debate 
         allocated by special order to an opponent, where no opponent 
         seeks recognition.
     To shorten the time set by special order for debate on a 
         particular amendment.
     To lengthen the time set by special order for debate on a 
         particular amendment under terms of control congruent with 
         those set by the order of the House.
     To permit en bloc consideration of several amendments under a 
         special order providing for the sequential consideration of 
         designated separate amendments.
     To permit one of two committees controlling time for general 
         debate pursuant to a special order to yield control of its time 
         to the other.
     To permit the offering of pro forma amendments for the purpose 
         of debate under a special order limiting both amendments and 
         debate thereon (but not addressing pro forma amendments).
     To reach ahead in the reading of a general appropriation bill 
         to consider one amendment without prejudice to others earlier 
         in the bill under a special order of the House contemplating 
         that each remaining amendment be offered only at the 
         ``appropriate point in the reading of the bill.''
     To permit the reading of an amendment that already was 
         considered as read under the special order of the House.

  Manual Sec. 993.

      By unanimous consent the House may delegate to the Committee of 
  the Whole authority to entertain unanimous-consent requests to change 
  procedures contained in an adopted special order. Manual Sec. 993.


  Sec. 6 . Procedures Prescribed by Special Orders of Business

      In recent Congresses, special orders of business have provided for 
  the consideration of amendments in a variety of ways, from ``open'' 
  rules

[[Page 868]]

  (which are silent on the amendment structure) to ``closed'' (which 
  preclude all amendments). In between these two extremes, special 
  orders have:

     Specified consideration that is open in part and restricted in 
         part. 106-1, Aug. 4, 1999, p ____
     Permitted only specified amendments. 107-1, Aug. 1, 2001, p 
         ____.
     Required first-degree amendments to be printed in the 
         Congressional Record. 107-1, July 19, 2001, p ____.
     Specified that certain amendments be ``considered as 
         adopted,'' often referred to as ``self-executed.'' 107-1, Aug. 
         1, 2001, p ____.
     Authorized the floor manager to offer en bloc amendments 
         consisting of the text of other amendments made in order. 107-
         1, Sept. 19, 2001, p ____.
     Left the amendment process open only for a specified period of 
         time. 106-2, May 10, 2000, p ____.

      Although the Committee on Rules may announce a policy that it 
  intends to make in order only preprinted amendments, the committee may 
  in fact, without violating a rule of the House, report a special order 
  making in order an unprinted amendment. Manual Sec. 857.
      An amendment may be ``self-executed'' by adoption of a special 
  order of business even if, considered separately, it would violate a 
  rule of the House. For example, a special order may ``self-execute'' 
  an amendment that contains:

     An appropriation in violation of rule XXI clause 4. Manual 
         Sec. 855.
     An appropriation in violation of rule XXI clause 2. Manual 
         Sec. 855.
     Nongermane provisions in violation of rule XVI clause 7. 
         Manual Sec. 855.

      Normally, a rule that precludes any amendment, or permits only one 
  amendment, provides for the consideration of the measure in the House. 
  A rule that permits more than one amendment normally provides for 
  consideration in the Committee of the Whole.
      One procedure involving the consideration of amendments is called 
  ``king of the hill.'' Although regular order does not permit further 
  amendments to a text once it has been amended in its entirety, a 
  ``king of the hill'' rule permits several substitute amendments to be 
  voted on in the Committee of the Whole, with only the last one adopted 
  to be considered as finally adopted and reported to the House. The 
  Committee on Rules also 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 only the one 
  winning the most votes being finally voted on in the House.

[[Page 869]]

      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). 107-1, May 10, 2001, p ____.
     A substitute reported by the committee of primary jurisdiction 
         modified by amendments reported by a committee of secondary 
         jurisdiction. 107-2, Apr. 10, 2002, p ____.
     The text of another introduced bill or a specified preprinted 
         amendment (such as in the report accompanying the special 
         order). 107-1, Oct. 3, 2001, p ____.
     An amendment first adopted in the Committee of the Whole. 104-
         1, Aug. 2, 1995, p 21678.
     Introduced text as modified by amendments printed in the 
         report accompanying the special order. 107-1, Dec. 6, 2001, p 
         ____.

      The Committee on Rules may report resolutions that provide special 
  procedures to expedite consideration or accomplish specific results. 
  For example, a resolution may authorize priority in recognition for 
  the offering of amendments to Members who had their amendments 
  preprinted in the Congressional Record.


[[Page 871]]

 
                       CHAPTER 53 - SUSPENSION OF RULES

                              HOUSE PRACTICE

  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 of Motion; Recognition
  Sec.  7. Consideration and Debate
  Sec.  8. Amendments
  Sec.  9. Withdrawal of Motion
  Sec. 10. Voting on Motion
        Research References
          5 Hinds Sec. Sec. 6790-6862
          8 Cannon Sec. Sec. 3397-3426
          Deschler Ch 21 Sec. Sec. 9-15
          Manual Sec. Sec. 885-891


  Sec. 1 . Generally; Motions to Suspend

                                In General

      A motion to suspend the rules is authorized by House rule XV 
  clause 1, adopted in its original form in 1822. Manual Sec. 885. The 
  privileged motion is in order only on the days specified by the rule 
  or by special order of the House. Sec. Sec. 4, 5, infra. Recognition 
  for the motion is at the discretion of the Speaker. Sec. 6, infra. It 
  is debatable for 40 minutes, is not amendable, and requires a two-
  thirds vote for its adoption. Sec. Sec. 7, 8, 10, infra.

            Effect of Special Rules From the Committee on Rules

      Rejection of a motion that the House suspend the rules and pass a 
  bill does not constitute a rejection of the bill. The Speaker may 
  schedule it again under suspension of rules. 107-2, July 15, 2002, 
  July 23, 2002, pp ____. The Committee on Rules may report a resolution 
  authorizing the consideration of such bill. 8 Cannon Sec. 3392; 
  Deschler Ch 21 Sec. 15.8. The House also may adopt a special rule to 
  permit suspension motions on other days of the week. Manual Sec. 887.

[[Page 872]]

  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. Manual Sec. 886; 5 Hinds 
  Sec. Sec. 6852, 6853. Under the modern practice, it is possible by one 
  motion both to bring a matter before the House and to pass it under 
  suspension of the rules. The proponent moves ``that the House suspend 
  the rules and pass the bill.'' Manual Sec. 886; 5 Hinds 
  Sec. Sec. 6846, 6847. In this form, all rules that ordinarily would 
  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, recommittal, or 
  division of the question. Sec. 5, infra.
      A motion to suspend the rules may provide for passage of an 
  unreported bill. 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 that are perceived to 
  have a broad degree of support and little need for prolonged debate. 
  It also is available to bring before the House bills that would 
  otherwise be subject to a point of order. 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 
  previously introduced. Manual Sec. 886; 8 Cannon Sec. 3421. Following 
  are some examples of measures considered under suspension of the 
  rules:

     An amendment to the Constitution (both the motion and the 
         amendment requiring a two-thirds vote). Deschler Ch 21 
         Sec. 9.21.
     A bill or resolution submitted from the floor and not 
         considered by a committee. Deschler Ch 21 Sec. 9.19.
     A bill that is pending before a committee but that has not 
         been reported. Deschler Ch 21 Sec. 9.
     A Senate bill. Deschler Ch 21 Sec. 9.3.
     An amendment to a Senate bill and a motion to insist on the 
         House amendment and request a conference. 103-2, Mar. 24, 1994, 
         p 6515.
     A resolution to disagree to a Senate amendment to a House 
         joint resolution and agree to a request for a conference. 
         Deschler Ch 21 Sec. 9.13.
     A conference report. 8 Cannon Sec. Sec. 3406, 3423.
     A motion to recommit a conference report. Deschler Ch 21 
         Sec. 9.5.

[[Page 873]]

     A motion to agree to Senate amendments. 8 Cannon Sec. 3425.
     A resolution to concur in a Senate amendment to a House bill 
         with a further House amendment. Manual Sec. 886.
     A motion to reconsider the vote by which a bill passed, amend 
         the bill, and pass the bill again. 5 Hinds Sec. 6849.
     A motion to take a measure from the table. 5 Hinds 
         Sec. Sec. 5640, 6288.
     A bill consisting of the text of two bills previously passed 
         by the House. Manual Sec. 886.

      If a motion to suspend the rules and pass a proposition is 
  rejected, a similar proposition may be brought up under another motion 
  to suspend the rules (107-2, July 15, 2002, July 23, 2002, pp ____) or 
  pursuant to a special rule from the Committee on Rules (Deschler Ch 21 
  Sec. Sec. 15.7, 15.8).

                         To Provide Special Orders

      In the early practice of the House, the motion to suspend the 
  rules was used frequently to adopt special orders of business. 5 Hinds 
  Sec. 6820 (note). Today, special orders of business usually are 
  adopted by a simple majority vote of the House on a report from the 
  Committee on Rules. 4 Hinds Sec. 3169; 5 Hinds Sec. 6790. Special 
  orders of business also are often adopted by unanimous consent. See 
  Unanimous-Consent Agreements. However, motions to suspend the rules 
  still may be used to consider the following:

     A request to repeal or change a rule of the House. 5 Hinds 
         Sec. 6862.
     A request to permit several bills to be reported. 5 Hinds 
         Sec. 6857.
     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 or if not specifically prohibited by 
  House rule, a motion to suspend the rules suspends all rules, 
  including the standing rules of the House, the unwritten law and 
  practice of the House, and the parliamentary rules stated in 
  Jefferson's Manual. 5 Hinds Sec. 6796; 8 Cannon Sec. 3406. The motion 
  may be used to suspend a rule requiring that a quorum be present when 
  a bill is reported from committee. Manual Sec. 886. No points of order 
  against the consideration of the bill may be raised, such as points of 
  order based on defects in reporting the bill, Ramseyer rule 
  violations, or the like. Deschler Ch 21 Sec. Sec. 9.7-9.12.

[[Page 874]]

                      Rules Not Subject to Suspension

      Certain rules are not subject to suspension. 5 Hinds 
  Sec. Sec. 7270, 7283, 7285. Among these rules are:

     The rule relating to the use of the Hall of the House. Manual 
         Sec. 677.
     The rule relating to the privileges of the floor. Manual 
         Sec. 678.
     The rule prohibiting the introduction of occupants of the 
         gallery. Manual Sec. 966.


  Sec. 4 . When Motion Is In Order; Notice

      Under rule XV clause 1, 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. Manual Sec. 885. However, the Speaker may 
  be authorized to recognize for motions to suspend the rules on other 
  days by unanimous consent or by special order of business. Manual 
  Sec. 887; Deschler Ch 21 Sec. Sec. 10.2, 10.3. The House adopted an 
  order for the first session of the 108th Congress permitting the 
  Speaker to entertain motions that the House suspend the rules on 
  Wednesdays through the second Wednesday in April as though under rule 
  XV clause 1. 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). Deschler Ch 21 Sec. 10.9.

                            Notice Requirements

      The rules of the House require no advance notice to Members of 
  bills called up under suspension. Manual Sec. 887. Copies of reports 
  on bills considered under suspension are not required to be available 
  in advance. Manual Sec. 889. However, most bills considered in the 
  House pursuant to a motion to suspend the rules are on a list 
  maintained by the leadership that identifies those bills on which 
  motions to suspend will be entertained by the Speaker on a given day. 
  This informal list is maintained 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. A special order of business providing an 
  additional day for the consideration of motions to suspend the rules 
  may require advance notice of one hour on the floor. If so, unanimous 
  consent is required to permit the Chair to entertain the motion prior 
  to that time. Manual Sec. 887.

[[Page 875]]

  Sec. 5 . Precedence of Motion; Application of Other Motions

                     When the Motion Takes Precedence

      The 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. Manual Sec. 887. 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.
      A motion to suspend the rules may be entertained even where the 
  yeas and nays have been demanded on another highly privileged motion 
  or the previous question has been ordered on another matter. 5 Hinds 
  Sec. Sec. 6827, 6831-6833, 6835; 8 Cannon Sec. 3418.

                            When Motion Yields

      When a question of the privileges of the House (such as an 
  election contest), is pending that question takes precedence over a 
  motion to suspend the rules. 5 Hinds Sec. 6825. Similarly, if a 
  question concerning 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 
  Sec. Sec. 5743-5746). However, pending a motion to suspend the rules, 
  only one motion to adjourn is in order, unless the failure of a quorum 
  is demonstrated. 5 Hinds Sec. Sec. 5744, 5746; 8 Cannon Sec. 2823; 
  Deschler Ch 21 Sec. 13.16. Because a resolution raising a question of 
  the privileges of the House takes precedence over a motion to suspend 
  the rules, such resolution may be offered and voted on between motions 
  to suspend the rules on which the Speaker has postponed record votes 
  until after debate on all suspensions. Manual Sec. 709.
      Because two motions to suspend the rules cannot be pending at the 
  same time, a pending motion must be disposed of before another one may 
  be entertained by the Chair. 5 Hinds Sec. 6814, 6837.

                       Application of Other Motions

      Many motions that commonly are 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 Sec. Sec. 6141-6143, 6860). The motion to amend may not 
  be applied to a motion to suspend the rules. 5 Hinds Sec. 5405. The 
  motion for the previous question is not appli

[[Page 876]]

  cable 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. Manual Sec. 886; 5 Hinds Sec. 5645; 8 Cannon 
  Sec. 2781.


  Sec. 6 . Offering of Motion; Recognition

                          The Speaker's Discretion

      On suspension days, recognition for a motion to suspend the rules 
  lies entirely within the discretion of the Speaker. 5 Hinds 
  Sec. Sec. 6791-6794; 8 Cannon Sec. Sec. 3402-3404; Deschler Ch 21 
  Sec. Sec. 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 previously has rejected a similar motion on the same bill. 
  Deschler Ch 21 Sec. 11.9.
      Measures called up under suspension normally are cleared with the 
  leadership, and the Speaker may decline recognition for a motion that 
  does not comply with this practice. Deschler Ch 21 Sec. 11.6. However, 
  he has the discretion to recognize for a motion to suspend the rules 
  and pass legislation that has not been scheduled in advance. Deschler 
  Ch 21 Sec. 9.22; Sec. 4, supra.
      Before 1991 the motion to suspend the rules required a second, so 
  that the House, without debate, could decline to entertain the motion. 
  A second usually was considered ordered by unanimous consent. However, 
  if challenged, the question was resolved by a vote with tellers. 
  Manual Sec. 889.
      The Speaker ordinarily extends recognition to the chairman or 
  other member of the committee having jurisdiction over the subject 
  matter of the proposition and not to the original sponsor of the 
  measure. Deschler Ch 21 Sec. Sec. 11.10-11.13. The chairman does not 
  require the authorization of his committee to so move. Deschler Ch 21 
  Sec. 11.11.

                                   Forms

      Mr. Speaker, I move that the House suspend the rules and 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 that the House suspend the rules and agree to 
    House Resolution __________ [as amended].
      Mr. Speaker, I move that the House suspend the rules and concur in 
    the Senate amendment to the bill H.R. __________.
      Mr. Speaker, I move that the House suspend the rules and adopt [or 
    recommit] the conference report on H.R. __________.
      Mr. Speaker, I move that the House suspend the rules and agree to 
    the resolution I send to the desk.


[[Page 877]]




  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 thereby called 
  up for consideration. 5 Hinds Sec. 5277; 8 Cannon Sec. 3400. However, 
  under the modern practice, the motion itself is recited by the 
  proponent and the title is read by the clerk. Other reading 
  requirements are deemed waived. Manual Sec. 886; Deschler Ch 21 
  Sec. 14.4.

                                  Debate

      Under rule XV clause 1(c), motions to suspend the rules are 
  debatable for 40 minutes, equally divided between the proponent of the 
  motion and an opponent. Manual Sec. 891. This is so, even though the 
  proposition presented is itself not otherwise debatable. 5 Hinds 
  Sec. 6822. If it develops that the mover is opposed to the bill, a 
  Member in favor may be recognized for debate. 8 Cannon Sec. 3416. A 
  Member rising to claim the 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.

      Following are the 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.

  5 Hinds Sec. 6802; 8 Cannon Sec. 3415. The Chair will not examine the 
  degree of a Member's opposition to the motion. Manual Sec. 891.

      The allocation of the time is within the discretion of the Members 
  controlling it. Deschler Ch 21 Sec. 13.10. 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 a Member in control of the 
  time. Deschler Ch 21 Sec. 13.7. Time yielded to a Member may not be 
  reserved or yielded to a third Member. Deschler Ch 21 Sec. 13.5.
      The proponent of the motion is entitled to open and close debate 
  in favor of the motion. Deschler Ch 21 Sec. Sec. 13.13, 13.14.
      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. Manual Sec. 948.

[[Page 878]]

      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 Sec. Sec. 13.3, 13.18. Where debate 
  is extended by unanimous consent, the Chair divides the time in the 
  same ratio as during the 40 minutes of debate allowed by the rule. If 
  time is extended by unanimous consent, the Chair may divide that time 
  equally between the proponent and the opponent. 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 
  Sec. Sec. 5405, 6858, 6859; Deschler Ch 21 Sec. 14.8. Only those 
  amendments included in the motion to suspend are in order, and the 
  Member offering 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 Sec. Sec. 14.11, 14.12. After a 
  motion to suspend the rules and pass a bill has been offered, it may 
  be amended either by withdrawing the motion and reoffering it in new 
  form; or the manager of the motion may modify it by unanimous consent. 
  Deschler Ch 21 Sec. 14.3; 107-1, Dec. 5, 2001, p ____.
      The bill and any proposed amendments in the motion are reported 
  (usually by title only) and considered as one entity and are printed 
  in the Congressional Record in full. Amendments are not voted on 
  separately. Deschler Ch 21 Sec. Sec. 14.4, 15.5. Committee approval of 
  such amendments is not required. Manual Sec. 886; Deschler Ch 21 
  Sec. 14.2.


  Sec. 9 . Withdrawal of Motion

      A motion to suspend the rules may be withdrawn at any time before 
  the Chair puts the question and a voice vote is taken thereon. 5 Hinds 
  Sec. Sec. 6840, 6844; 8 Cannon Sec. Sec. 3405, 3419. The motion may be 
  withdrawn by unanimous consent, even after the Speaker has put the 
  question on its adoption and postponed further proceedings. Deschler 
  Ch 21 Sec. 13.23.


  Sec. 10 . Voting on Motion

                                In General

      Rule XV clause 1(a) requires a two-thirds vote for the adoption of 
  a motion to suspend the rules. Manual Sec. 885. That requirement is 
  construed as two-thirds of the Members present and voting for or 
  against the motion

[[Page 879]]

  (votes of those ``present'' are not counted except to establish the 
  required quorum). Deschler Ch 21 Sec. 15.2 (note).
      The motion to reconsider may not be applied to a negative vote on 
  the motion because such disposition is not final; that is, an 
  identical motion may be entertained. Sec. 1, supra. The motion to 
  reconsider may be applied to an affirmative vote on the motion. Manual 
  Sec. 886.

                             Postponing Votes

      A record vote on a motion to suspend the rules may be postponed by 
  the Speaker under the conditions specified by rule XX clause 8. Under 
  this rule, the Speaker may postpone such a vote to a designated time 
  or place in the legislative schedule within two legislative days. The 
  Chair's customary announcement of his intent to postpone, which is 
  made before consideration of a series of motions, is not a necessary 
  prerequisite to his postponement authority. Manual Sec. 1030. At the 
  designated time, the Speaker puts the question on each motion on which 
  further proceedings have been postponed. Normally, the questions are 
  put in the order in which the motions were entered. Postponing votes 
  generally, see Voting.
      Once the Speaker has postponed record votes to occur at a 
  designated place in the legislative schedule, he may redesignate the 
  time when the votes will be taken within the appropriate period. 
  Manual Sec. 1030.
      Where proceedings are postponed for a de novo vote by voice in 
  response to a point of no quorum, 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. It is too late to demand a record 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 881]]

 
                 CHAPTER 54 - UNANIMOUS-CONSENT AGREEMENTS

                              HOUSE PRACTICE

  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. Particular Uses Relative to Business of the House
  Sec.  8. Particular Uses Relative to Business of the Committee of the 
  Whole
  Sec.  9. Limitations on Requests; Grounds for Denial of Recognition
  Sec. 10. Modification or Revocation of Agreement
        Research References
          4 Hinds Sec. Sec. 3058-3060, 3155-3159
          7 Cannon Sec. Sec. 758-763
          Deschler Ch 23 Sec. Sec. 42-48
          Manual Sec. Sec. 528, 872, 950, 956, 978, 993

  Sec. 1 . In General; Effect of Agreement

                                 Generally

      A request for unanimous consent is in effect a motion to suspend 
  the order of business temporarily. Granting the request permits some 
  action that is not in dispute and to which no Member has any 
  objection. Manual Sec. 872; 4 Hinds Sec. Sec. 3058, 3059; 8 Cannon 
  Sec. 2794. 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 of the House, many items of 
  business are considered as a result of unanimous-consent requests. The 
  device also is used to facilitate

[[Page 882]]

  consideration of measures by waiving the reading or limiting or 
  extending the time for debate. Sec. Sec. 7, 8, infra; see also 
  Consideration and Debate.

                Availability in the Committee of the Whole

      Unanimous-consent requests are in order both in the House and, to 
  a lesser extent, in the Committee of the Whole. For example, the 
  Committee may by unanimous consent permit the withdrawal of an 
  amendment under rule XVIII clause 5, limit debate other than general 
  debate set by the House, or provide that a bill be considered as read 
  and open to amendment unless in conflict with a House order or special 
  rule. Manual Sec. 993; 8 Cannon Sec. 2553. However, unanimous consent 
  may not be requested in the Committee of the Whole on matters properly 
  cognizable only in the House. Manual Sec. 993; Deschler Ch 23 
  Sec. Sec. 48.15, 48.16; Sec. 8, infra.


  Sec. 2 . Recognition of Members for Requests

                      Generally; Speaker's Guidelines

      The recognition of Members to offer unanimous-consent requests is 
  in the discretion of the Chair. Deschler Ch 23 Sec. 45.4. A Member 
  seeking unanimous consent must be recognized by the Chair for a stated 
  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 has announced and enforced a policy of conferring 
  recognition for unanimous-consent requests for the consideration of 
  unreported bills and resolutions only when assured that the majority 
  and minority floor and committee leaderships have no objection. This 
  policy minimizes attempts to force Members to go on record as 
  objecting to a variety of unanimous-consent requests. The policy has 
  been extended to the following:

     Requests relating to reported bills.
     Requests for immediate consideration of matters (separately 
         unreported) comprising a portion of a measure already passed by 
         the House.
     Requests to consider a motion to suspend the rules and pass an 
         unreported bill (on a nonsuspension day).
     Requests to permit consideration of (nongermane) amendments to 
         bills.
     Requests to permit expedited consideration of measures on 
         subsequent days, as by waiving the requirement that a bill be 
         referred to committee for 30 legislative days before a motion 
         to discharge may be presented under rule XV clause 2.
     Requests relating to Senate-passed bills on the Speaker's 
         table, including one identical to a House-passed bill and a 
         Senate concurrent resolution to correct an enrollment.

[[Page 883]]

     Constituent parts of a single request combining final 
         disposition of several separate measures.

  Manual Sec. 956. In addition, with respect to unanimous-consent 
  requests to dispose of Senate amendments to House bills on the 
  Speaker's table, the Chair will entertain such a request only if made 
  by the chairman of the committee with jurisdiction, or by another 
  committee member authorized to make the request. Manual Sec. 956; 
  Deschler Ch 21 Sec. 1.23.

      The Speaker's enforcement of this policy of recognition is not 
  subject to appeal. ``Floor leadership'' in this context has been 
  construed to apply only to the Minority Leader and not to the entire 
  hierarchy of minority leadership, where the Chair had been assured 
  that the Minority Leader had been consulted.
      It is not a proper parliamentary inquiry to ask the Chair to 
  indicate which side of the aisle has failed under the Speaker's 
  guidelines to clear a unanimous-consent request, but the Chair may 
  indicate his general cognizance of a failure of clearance for the 
  Congressional Record.
      For a discussion of recognition for unanimous-consent requests to 
  vary procedures in the Committee of the Whole governed by a special 
  order adopted by the House, see Manual Sec. 993; Sec. 8, infra.


  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 Sec. Sec. 660, 686, 689.
     During proceedings incident to securing a quorum of the 
         Committee of the Whole. 8 Cannon Sec. 2379.
     During the pendency of a unanimous-consent request by another 
         Member. Deschler Ch 23 Sec. 48.1.

      An objection to a unanimous-consent request must be timely. 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. 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.

[[Page 884]]

  Sec. 4 . Stating the Request; Withdrawal

      A Member seeking the unanimous consent of the House on some matter 
  should rise and address the Chair. One request may not include 
  alternatives (6 Cannon Sec. 709; Deschler Ch 23 Sec. 43.2) or include 
  a request 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 refuse to recognize an objection to 
  the request made before his statement of the request. Deschler Ch 23 
  Sec. Sec. 43.1, 45.2.
      A Member may withdraw a 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 objecting Member attempts to subsequently 
  withdraw his objection. Deschler Ch 23 Sec. 45.6. Because 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 made 
  at any time while the request is being stated and requires the request 
  to be disposed of immediately. Manual Sec. 381; 4 Hinds Sec. 3058.
      An objection to a unanimous-consent request may be made by any 
  Member, including the Speaker or the Chairman of the Committee of the 
  Whole. 8 Cannon Sec. 3383; Deschler Ch 23 Sec. Sec. 42, 45.5. A 
  Delegate may also object. Manual Sec. 675; 6 Cannon Sec. 241.
      When objecting to a unanimous-consent request, a Member must rise 
  from his seat and be identified for the Congressional Record. Manual 
  Sec. 872; 2 Hinds Sec. 1137. If the Chair repeats the request, 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. 45.2.


  Sec. 6 . Reserving Objections

      A Member may reserve the right to object to a unanimous-consent 
  request and by so doing obtain 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. Manual Sec. 872; Deschler Ch 23 
  Sec. Sec. 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

[[Page 885]]

  order by any Member or by the Chair. Deschler Ch 23 Sec. 46.6. A 
  Member controlling the floor under a reservation of the right to 
  object loses the floor if the request is withdrawn or if the regular 
  order is demanded. 6 Cannon Sec. Sec. 287, 288; Deschler Ch 23 
  Sec. Sec. 46.3, 46.4. If the regular order is demanded by a Member 
  standing on his feet, the reserving Member must either object or 
  withdraw his reservation. Deschler Ch 23 Sec. 46.6.


  Sec. 7 . Particular Uses Relative to Business of the House

      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 waive the requirement of a rule unless 
  the rule in question specifies that it is not subject to waiver, even 
  by unanimous consent. Deschler Ch 23 Sec. 42. The unanimous-consent 
  procedure is applied across a wide range of House business.

    Unanimous-consent Requests Involving Consideration or Adoption or 
                           Passage of a Measure

      Unanimous consent may be used to provide for the consideration of 
  a measure in the House, to vary the consideration of a measure in the 
  House that is being considered under the general rules of the House or 
  under an existing special order of business, or to adopt or pass a 
  measure. For example, unanimous-consent requests may be used as 
  follows:

     To call up for consideration a nonprivileged measure. Deschler 
         Ch 23 Sec. 47.4.
     To consider a bill under the general rules of the House. 
         Deschler-Brown Ch 29 Sec. 3.4.

      Note: 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 the Committee of the Whole. 4 Hinds 
  Sec. 4923.

     To provide a special order for the consideration of certain 
         business (such as motions to suspend the rules on a day not set 
         aside for suspensions). 4 Hinds Sec. Sec. 3165, 3166; 7 Cannon 
         Sec. Sec. 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 Sec. Sec. 760, 761.
     To take from the Speaker's table a House bill with Senate 
         amendments and to consider those amendments in the House. 
         Manual Sec. 528a.

[[Page 886]]

     To permit the House to recede from its own amendment to a 
         Senate amendment before the stage of disagreement. 89-2, Apr. 
         18, 1966, p 8207.
     To permit consideration in the House on any subsequent day of 
         a bill to be introduced by the Chairman of the Committee on 
         Appropriations. 97-2, June 23, 1982, p 14989.
     To waive all points of order against consideration in the 
         House of an unreported joint resolution providing further 
         continuing appropriations for the current fiscal year, consider 
         it as read for amendment, close it to amendment by ordering the 
         previous question to passage without intervening motion except 
         debate and one motion to recommit. 107-2, Sept. 26, 2002, p 
         ____.
     To discharge the Committee of the Whole from further 
         consideration of a bill being read for amendment under a 
         special order, and provide that certain amendments be 
         considered as agreed to. 98-1, Nov. 18, 1983, p 34160.
     To consider a measure on the Union Calendar in the House by 
         waiving all points of order against consideration, self-execute 
         a compromise substitute in lieu of the committee amendments, 
         and close the measure to amendment by ordering the previous 
         question on the bill, as amended, to passage without 
         intervening motion except debate and one motion to recommit 
         with or without instructions. 106-2, Apr. 13, 2000, p ____.
     To consider a measure on the Union Calendar in the Committee 
         of the Whole under the five-minute rule, waive points of order 
         against the committee substitute as original text. 106-2, Apr. 
         13, 2000, p ____.
     To adopt or pass, in a single request, several measures, 
         including any amendments thereto. See, e.g., 107-2, Nov. 14, 
         2002, p ____.
     To enlarge the time for debate on a motion to suspend the 
         rules. 8 Cannon Sec. 3414.
     To specify the time at which a measure is to be called up--
         either immediately or on a subsequent day. 106-1, July 22, 
         1999, p ____.

    Unanimous-Consent Requests to Effect a Variety of Business of the 
                                   House

      In addition to facilitating consideration of legislative matters, 
  unanimous-consent requests may used be as follows:

     To swear in a Member-elect pending arrival of his credentials. 
         6 Cannon Sec. 12.
     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 to a committee other than the Judiciary or 
         International Relations. Rule XII clause 2(d).
     To correct a reference to committee. Manual Sec. 714.
     To permit a committee additional time to file a report. 8 
         Cannon Sec. 2783.

[[Page 887]]

     To insert extraneous material in the Congressional Record or 
         to permit Members to revise and extend their remarks or to 
         vacate such permission. 5 Hinds Sec. 6990; Deschler Ch 23 
         Sec. 47.11.
     To postpone consideration of a measure, such as a resolution 
         from the Committee on Rules, or to postpone certain votes 
         thereon. Deschler Ch 23 Sec. 47.8.
     To entertain a proposition for a recess. 8 Cannon Sec. 3357.

      Note: Rule I clause 12 permits the Speaker, without unanimous 
  consent, to declare a ``short'' recess when no business is pending or 
  an ``emergency'' recess when notified of an imminent threat.

     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.
     To allow a Member to proceed in order after the Chair has 
         ruled his words out of order. Manual Sec. 961.
     To change unparliamentary words spoken in debate or to 
         withdraw or delete such words from the Congressional Record. 8 
         Cannon Sec. Sec. 2538, 2540; Deschler Ch 23 Sec. Sec. 47.9, 
         47.10.
     To address the House for one minute before offering a motion. 
         Deschler Ch 23 Sec. 47.7.


  Sec. 8 . Particular Uses Relative to Business of the Committee of the 
            Whole

      Unanimous-consent requests are frequently used in the House and in 
  the Committee of the Whole to vary the rules governing consideration 
  of a measure. However, the Committee of the Whole may by unanimous 
  consent permit only minor variances from a special order of business 
  adopted by the House. The variances must be congruent with the special 
  order governing consideration of the measure in the Committee of the 
  Whole. Manual Sec. 993.
      The following unanimous-consent requests may be considered in the 
  Committee of the Whole:

     To dispense with the first reading of a bill. 8 Cannon 
         Sec. 2436.
     To dispense with the reading of an amendment. Deschler Ch 23 
         Sec. 47.2.
     To withdraw a pending amendment. Rule XVIII clause 4; Manual 
         Sec. 978.
     To offer a perfecting amendment in the Committee of the Whole 
         to an amendment that has already been agreed to. Deschler Ch 23 
         Sec. 47.3.
     To return to a portion of a bill passed in the reading for 
         amendment. 8 Cannon Sec. 2929.

[[Page 888]]

     To permit a supporter of an amendment to claim debate time 
         allocated by special order to an opponent, where no opponent 
         seeks recognition. Manual Sec. 993.
     To shorten the time set by special order for debate on a 
         particular amendment. Manual Sec. 993.
     To lengthen the time set by special order for debate on a 
         particular amendment under terms of control congruent with 
         those set by the order of the House. Manual Sec. 993.
     To permit one of two committees controlling time for general 
         debate pursuant to a special order to yield control of its time 
         to the other. Manual Sec. 993.
     To permit the offering of pro forma amendments for the purpose 
         of debate under a ``modified-closed'' special order limiting 
         both amendments and debate thereon but not specifically 
         preempting pro forma amendments. Manual Sec. 993.
     To close debate on titles of a bill that have not been read. 
         Deschler Ch 23 Sec. 47.1.
     To close or limit debate under the five-minute rule and to 
         modify that time limit. Manual Sec. 987.
     To permit the reading of an amendment considered as read by 
         special order. Manual Sec. 993.

      Unanimous-consent requests are limited in the Committee of the 
  Whole because debate and the amendment process are normally restricted 
  by the terms of a special order or by the standing rules of the House. 
  The Committee may permit only minor variances that are congruent with 
  the controlling special order of the House. Unanimous-consent requests 
  for material alterations must be made in the House. Manual Sec. 993. 
  The following unanimous-consent requests are not in order in the 
  Committee of the Whole:

     To change the scheme for control or duration of general debate 
         specified by the House. Manual Sec. 993.
     To entertain a motion to reconsider. Deschler Ch 23 
         Sec. 39.12.
     To excuse a Member from voting in the Committee of the Whole. 
         Deschler-Brown Ch 30 Sec. 3.3.
     To permit an amendment to be offered to the underlying bill 
         where a special rule permitted its consideration only as a 
         perfecting amendment to a committee amendment. Manual Sec. 993.
     To permit a substitute to be read for amendment by section 
         where the special rule did not so provide. Manual Sec. 993.
     To restrict ``en blocking'' authority granted in a special 
         order. Manual Sec. 993.
     To preempt the Chair's discretion under rule XVIII clause 6 to 
         postpone and cluster votes or to schedule further consideration 
         of a pending measure to a subsequent day. Manual Sec. 993.
     To postpone a vote on an appeal of a ruling of the Chair. 
         Manual Sec. 993.

[[Page 889]]

     To permit an amendment to an amendment rendered unamendable by 
         a special order or to permit an amendment to an amendment 
         already adopted. Manual Sec. 993.
     To permit consideration of an amendment out of the order 
         specified in a special rule. Manual Sec. 993.
     To permit consideration of an additional amendment or to 
         authorize a supplemental report from the Committee on Rules in 
         lieu of the original report referred to in the special order. 
         Manual Sec. 993.
     To permit another to offer an amendment vested in a specified 
         Member. Manual Sec. 993.
     To permit a division of the question on an amendment rendered 
         indivisible by a special order. Manual Sec. 993.
     To extend the time limitation for consideration of amendments 
         beyond that set by a special order requiring the Chair to put 
         the question on the pending amendments at the expiration of 
         certain hours of consideration. Manual Sec. 993.
     To prohibit the offering of an amendment otherwise in order. 
         Manual Sec. 980.


  Sec. 9 . Limitations on Requests; Grounds for Denial of Recognition

      It cannot be assumed that the House has authority to waive any 
  rule by unanimous consent. Sometimes the rule itself contains a 
  specific provision that it cannot be suspended by unanimous consent. 
  The rules specifically prohibit the use of the unanimous-consent 
  procedure as follows:

     To permit unauthorized persons to be admitted to the House 
         floor. Rule IV clause 2.
     To bring to the attention of the House an occupant of the 
         galleries. Rule XVII clause 7.
     To delete the name of the first sponsor of a bill or 
         resolution. Rule XII clause 7(b)(2).

      In addition, there are many rules that are not subject to waiver 
  by unanimous consent under the practice of the House. Deschler-Brown 
  Ch 29 Sec. 11.1. For example, the following unanimous-consent requests 
  are not in order in the House:

     To permit a Member to have his vote recorded after the 
         announcement of the result. Deschler-Brown Ch 30 Sec. 36.1.
     To extend a five-minute special-order speech or to extend a 
         special-order speech beyond midnight. Manual Sec. 950.
     To permit a Member to give a second one-minute speech. Manual 
         Sec. 950.
     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). Manual Sec. 628.

[[Page 890]]

     To insert in the Congressional Record a colloquy between 
         Members that did not actually occur. Manual Sec. 692.

          Requests Denied Recognition 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 Sec. 48.2. He may do so by exercising his 
  discretionary power of recognition. 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 Sec. Sec. 48.6, 48.7.
     To reduce to five minutes the time for the first vote in a 
         series of postponed votes, because the bell and light system 
         would not give adequate notice of the initial five-minute vote. 
         Manual Sec. 1030.
     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 discussion of the Speaker's guidelines for conferring 
  recognition for unanimous-consent requests for the consideration of 
  certain measures, see Sec. 2, supra.


  Sec. 10 . 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 also may 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.
      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

[[Page 891]]

  not be considered in their absence. 6 Cannon Sec. 710a. In the modern 
  practice of the House, however, the Speaker will not entertain a 
  unanimous-consent request to preclude him from recognizing for 
  consideration of a certain matter. Agreement to such a request would 
  render the restriction an order of the House. The Speaker prefers to 
  retain the scheduling of legislation as the prerogative of the 
  majority leadership, subject to the Speaker's guidelines for 
  unanimous-consent requests as discussed in section 2, supra.


[[Page 893]]

 
                     CHAPTER 55 - UNFINISHED BUSINESS

                              HOUSE PRACTICE

  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 Sec. Sec. 3112-3114, 4735, 4736
          6 Cannon Sec. Sec. 740, 741
          Deschler Ch 21 Sec. 3
          Manual Sec. Sec. 869, 876-879


  Sec. 1 . In General

      Unfinished business is business that was carried over from a 
  previous day and is in order immediately after disposition of business 
  on the Speaker's table under rule XIV clauses 1 and 3, which set forth 
  the daily order of business in the House. Manual Sec. Sec. 869, 876. 
  The resumption of unfinished business under clause 3 may be preempted 
  by business of higher privilege, such as a motion to discharge on a 
  discharge day. Deschler Ch 21 Sec. 3. Unfinished business may not be 
  called up under rule XIV clause 1 if the order of business under that 
  rule has been supplanted, as it always is. See Order of Business; 
  Privileged Business.
      The Speaker has the discretionary authority under rule XX clause 8 
  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 subsequent 
  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. Sec. 877, 1030. Once announced, the 
  time for taking postponed votes may be redesignated within the 
  permissible period by the Chair. Manual Sec. 1030. When the House 
  adjourns on the second legislative day after postponement of a 
  question under rule XX clause 8, without resuming proceedings thereon, 
  the

[[Page 894]]

  question remains unfinished business on the next legislative day. 
  Manual Sec. Sec. 877, 1030; see Voting.
      Certain categories of business that are suspended until a 
  designated time are called up automatically. In addition to votes 
  under rule XX clause 8 discussed supra, consideration of a veto 
  message postponed to a day certain provides an example. Deschler Ch 21 
  Sec. 28.4. 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. Manual Sec. 915.


  Sec. 2 . Business Unfinished at Adjournment

      Rule XIV clause 3 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. Manual Sec. 876; see also rule XX clause 
  8. For example, where the House adjourns during consideration of a 
  report from the Committee on Rules, further consideration of the 
  report becomes the unfinished business on the following day, and 
  debate resumes from the point where interrupted. Manual Sec. 877.
      Ordinarily, under rule XIV clause 3, any general legislative 
  business that is unfinished at adjournment goes over to the succeeding 
  day, whereas motions that relate merely to the sequence or order of 
  business do not. Manual Sec. Sec. 876, 877. 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 but may be raised anew on a subsequent day when the 
  matter is again before the House. 5 Hinds Sec. Sec. 4947, 4948; 8 
  Cannon Sec. 2438. Those special classes of business that are in order 
  only on days of the week designated by House rule are not covered by 
  rule XIV clause 3. See Sec. 4, infra.
      When the House adjourns on the second legislative day after 
  postponement of a question under rule XX clause 8 without resuming 
  proceedings thereon, the question remains unfinished business on the 
  next legislative day. When the House adjourns while a motion to 
  instruct conferees under rule XXII clause 7(c) is pending, the motion 
  to instruct becomes unfinished business on the next day and does not 
  need to be renoticed. Manual Sec. 877.

[[Page 895]]

  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. Manual Sec. 878; 5 
  Hinds Sec. Sec. 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 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. Similarly, a bill coming over from the 
  preceding day with the previous question ordered was held to take 
  precedence over business made in order by a special order of business. 
  5 Hinds Sec. 5520.


  Sec. 4 . -- On Days Designated for Special Classes of Business

      Consistent with rule XIV clause 3, business unfinished at 
  adjournment and belonging to a class of business that is in order only 
  on certain days 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 (but not those postponed under rule XX 
         clause 8). Deschler Ch 21 Sec. 3.30.
     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. For votes 
  postponed by the Speaker under rule XX clause 8, see Sec. 1, supra. 
  Votes on unfinished business in the House 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 or a recorded vote 
  was ordered before postponement. Deschler Ch 21 Sec. 3.18. Thus, when 
  a vote is postponed pursuant to rule XX clause 8, having been objected 
  to for lack of a quorum when initially before the House, the yeas

[[Page 896]]

  and nays or a recorded vote may be demanded when the vote recurs as 
  unfinished business. Manual Sec. 76; Deschler-Brown Ch 30 
  Sec. Sec. 56.5, 56.6; see Voting. For a discussion of postponed votes 
  in Committee of the Whole, see Sec. 7, infra.


  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 and to veto messages that are postponed to a day certain. 
  Deschler Ch 21 Sec. Sec. 8.17, 8.18; see also Postponement.


  Sec. 7 . In Committee of the Whole

                            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 Committee of the Whole to consider that business. 4 Hinds 
  Sec. 4735. The House or the Speaker, pursuant to declaration authority 
  under rule XVIII clause 2, 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 a bill. Manual Sec. 993.
      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 Committee proceeds with the reading of the bill. 
  8 Cannon Sec. 2336.

                   Postponed Requests for Recorded Votes

      Under rule XVIII clause 6(g), the Chairman of the Committee of the 
  Whole may postpone and cluster requests for recorded votes on 
  amendments to a subsequent place and time during the amendment process 
  as determined by the Chair. When proceedings resume on a request for a 
  recorded vote on an amendment so postponed, the voice vote is 
  acknowledged and the request is announced as pending. An electronic 
  vote ordered on the postponed request may be reduced to five minutes, 
  provided the first vote in a series is 15 minutes. Manual Sec. 984; 
  see also Amendments.


[[Page 897]]

 
                       CHAPTER 56 - UNFUNDED MANDATES

                              HOUSE PRACTICE

  Sec. 1. In General
  Sec. 2. Definition of Mandate
  Sec. 3. Committee Responsibilities
  Sec. 4. Points of Order
  Sec. 5. Disposition of Points of Order
  Sec. 6. Motions to Strike
        Research References
          Deschler-Brown Ch 31 Sec. 1.57
          Manual Sec. Sec. 790, 843, 845, 910, 991, 1081, 1127
          Congressional Budget Act of 1974, Sec. Sec. 421-428 (2 USC 
            Sec. Sec. 658-658g, 1502, 1515)


  Sec. 1 . In General

      Part B was added to title IV of the Congressional Budget and 
  Impoundment Control Act of 1974 by the Unfunded Mandates Reform Act of 
  1995. These provisions were enacted to require an assessment and full 
  consideration of the impact of legislative and regulatory proposals on 
  public and private sectors. H. Rept. 104-1. The Act explicitly 
  declared that Part B was enacted as an exercise of congressional 
  rulemaking powers. Manual Sec. 1127; 2 USC Sec. 1515.


  Sec. 2 . Definition of Mandate

      The Unfunded Mandates Reform Act defines a ``Federal 
  intergovernmental mandate'' as (1) an enforceable duty on State, 
  local, or tribal government, or a reduction in the authorization of 
  appropriations for Federal financial assistance provided to those 
  governments for compliance with such duty, or (2) a provision which 
  compels State and local spending for participation in an entitlement 
  program under which at least $500 million is provided to States and 
  localities annually. Manual Sec. 1127; 2 USC Sec. 1502.
      A ``Federal private sector mandate'' is defined as an enforceable 
  duty on the private sector or a reduction in the authorization of 
  appropriations for Federal financial assistance provided to the 
  private sector for compliance with such a duty. Manual Sec. 1127; 2 
  USC Sec. 1502.

[[Page 898]]

  Sec. 3 . Committee Responsibilities

      Under the Act, the Congressional Budget Office (CBO) must provide 
  an authorizing committee with a detailed cost estimate for each bill 
  reported by such committee containing mandates that have an annual 
  aggregate impact of $50 million or greater on the public sector (i.e., 
  State and local government) or $100 million on the private sector. A 
  committee must publish this CBO estimate in the committee report or in 
  the Congressional Record before consideration of the legislation on 
  the House floor. 2 USC Sec. 658b.
      A committee report also must include:

     An assessment of the costs and benefits of the mandate.
     A statement of the degree to which the Federal funding of an 
         intergovernmental mandate would disadvantage the private 
         sector.
     A statement of the amount of assistance authorized to pay for 
         the mandate.
     A statement whether the committee intends that the mandate be 
         unfunded.
     A statement whether the legislation intends to preempt State 
         and local law.

  2 USC Sec. 658b.

  Sec. 4 . Points of Order

      It is not in order to consider a bill or joint resolution reported 
  by a committee containing an intergovernmental mandate unless the 
  committee has published a CBO estimate. 2 USC Sec. 658b. There is no 
  point of order against consideration of a measure containing a private 
  sector mandate, even though CBO must provide, and committees must 
  publish, similar cost estimates for private sector mandates as they do 
  for intergovernmental mandates. See Sec. 3, supra.
      A point of order also would lie on the floor against consideration 
  of a bill, joint resolution, amendment, motion, or conference report 
  that imposes intergovernmental mandates over $50 million on State and 
  local governments unless the legislation:

     Funds the mandates through new budget authority or new 
         entitlement authority;
     Includes an authorization for appropriations for the direct 
         costs of the mandate; and
     Provides for an evaluation of and reaction to the direct costs 
         of the mandate by the relevant Federal agency and expedited 
         procedures in the Congress to address such evaluation.

  Manual Sec. 1127; 2 USC Sec. 658d.

      A point of order under the Act may not be raised against an 
  appropriation bill or an amendment thereto, with certain exceptions. 
  Manual Sec. 1127; 2 USC Sec. 658c. The Act not only establishes a 
  point of order against consid

[[Page 899]]

  eration of a measure containing an unfunded intergovernmental mandate 
  (2 USC Sec. 658d), but it also establishes a point of order against a 
  resolution providing a special order of business that waives a point 
  of order against a measure, or self-executes the adoption of an 
  amendment, containing an unfunded intergovernmental mandate (2 USC 
  Sec. 658e).


  Sec. 5 . Disposition of Points of Order

      A point of order against consideration of a bill is properly 
  raised pending the Speaker's declaration that the House resolve into 
  the Committee of the Whole for such consideration. A point of order 
  against consideration of a resolution providing a special order of 
  business must be made when the special order is called up and comes 
  too late after the resolution has been adopted. Manual Sec. 1127; 2 
  USC Sec. 658e.
      In order to be cognizable by the Chair, each point of order must 
  specify the precise language on which it is premised. A point of order 
  may be raised against more than one provision. Manual Sec. 1127; 2 USC 
  Sec. 658e. In the case of a special order of business, the precise 
  language subject to the point of order is normally the waiver of 
  points of order against consideration of the underlying measure.
      Each point of order raised is separately debatable for 20 minutes, 
  equally divided between the Member initiating the point of order and 
  an opponent. Debate on the point of order against a special order is 
  on the question whether the House should consider the measure. The 
  Members controlling debate on the point of order may reserve time, and 
  a manager of a measure who controls time for debate against the point 
  of order has the right to close debate. Manual Sec. 1127; 2 USC 
  Sec. 658e.
      After debate the Chair puts one question of consideration with 
  respect to the proposition that is the subject of the points of order. 
  The Chair puts the question of consideration without intervening 
  motion except one motion that the House adjourn. Disposition of the 
  question of consideration of a bill or resolution shall be considered 
  also to determine a like point of order against an amendment made in 
  order as original text. Manual Sec. 1127; 2 USC Sec. 658e.


  Sec. 6 . Motions to Strike

      Rule XVIII clause 11 provides for an amendment in the Committee of 
  the Whole proposing only to strike an unfunded mandate from a portion 
  of a bill then open to amendment unless specifically precluded by a 
  special order of the House. Manual Sec. 991; 2 USC Sec. 1514.


[[Page 901]]

 
                         CHAPTER 57 - VETO OF BILLS

                              HOUSE PRACTICE

  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
  Sec. 8. Line Item Veto Authority
        Research References
          U.S. Const. art. I Sec. 7
          4 Hinds Sec. Sec. 3520-3552
          7 Cannon Sec. Sec. 1094-1115
          Deschler Ch 24 Sec. Sec. 17-23
          Manual Sec. Sec. 104, 107-109, 112-114, 1130(6B)


  Sec. 1 . In General; Veto Messages

                                 Generally

      The authority for the President to disapprove, or veto, a bill is 
  spelled out in article I, section 7 of the Constitution. The same 
  clause addresses the process by which the Congress can override a veto 
  and enact a measure into 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 veto 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, in very limited circumstances the 
  President may, by withholding his signature, effect a ``pocket veto.'' 
  If before the end of a 10-day signing 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 regarding it. At 
  this stage, the bill can become a law only if the President signs it. 
  Deschler Ch 24 Sec. 17. For a discussion of pocket vetoes, see Sec. 7, 
  infra.
      The 10-day period given the President under the Constitution in 
  which to approve or reject a bill begins at midnight at the close of 
  the day on

[[Page 902]]

  which the bill is presented to him. The day on which the bill is 
  presented to the President is not counted in the computation, and 
  Sundays also are excluded. Deschler Ch 24 Sec. 17.1
      Under the usual practice, bills are considered to have been 
  ``presented to the President'' when they are delivered to the White 
  House. However, bills delivered to the White House while the President 
  was abroad have been held by the White House, under arrangements 
  agreed to with the presenting House, for presentation to the President 
  upon his return to the United States. Manual Sec. 105.
      When 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. Manual 
  Sec. 107.


  Sec. 2 . House Action on Vetoed Bills

      The Speaker lays a veto message before the House on the day it is 
  received. Deschler Ch 24 Sec. 20.1. It is then read and entered in the 
  Journal. Manual Sec. 108. The Speaker then 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.

      When the message is laid before the House, the question on passage 
  is considered as pending. No motion from the floor to reconsider the 
  bill is necessary. 7 Cannon Sec. Sec. 1097-1099. If the House does not 
  wish to proceed immediately to reconsider the bill, the motions to lay 
  on the table, to postpone consideration to a day certain, or to refer 
  to committee are available. See Sec. 4, infra. Under rule XVI clause 
  4, and under the precedents, the motion for the previous question 
  takes precedence over a motion to postpone or to refer when a question 
  is under debate. However, where the Speaker has laid before the House 
  a veto message from the President but has not yet stated the question 
  to be on overriding the veto, that question is not ``under debate'' 
  and the motion for the previous question does not take precedence. 
  Manual Sec. 108. 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 defeat any preferential motion that is 
  offered and proceed to the main question.
      If no preferential motion is offered, the Chair then states the 
  question as follows:


[[Page 903]]


      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 a pending matter 
  (such as a conference report) if the previous question has not been 
  ordered on that matter. 95-2, Oct. 5, 1978, p 33704. Although its 
  consideration may be postponed to a day certain, it remains highly 
  privileged and becomes the unfinished business on that day. Deschler 
  Ch 24 Sec. Sec. 22.1, 22.2. A vetoed bill may be laid on the table. 
  However, because it is still highly privileged, a motion to take it 
  from the table is in order at any time. Manual Sec. 108; 4 Hinds 
  Sec. 3550; 5 Hinds Sec. 5439; 7 Cannon Sec. 1105. If a veto message is 
  referred to committee, a motion to discharge the committee from 
  further consideration of the message also is highly privileged. 4 
  Hinds Sec. 3532.
      A vetoed bill received in the House from the Senate is considered 
  as if received directly from the President and supersedes the regular 
  order of business. Manual Sec. 107; 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.
      Although highly privileged, the consideration of a vetoed bill 
  yields to:

     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 mandate under article I, section 7 of the Constitution, that 
  the House ``shall . . . proceed to reconsider'' a vetoed bill, means 
  that the House considers it under the rules of the House, with the 
  ordinary motions under the House rules available. Manual Sec. 108. The 
  motions to lay the bill on the table, to postpone to a day certain, 
  and to refer take precedence in the order named over the question of 
  reconsideration of passage, the objections of the President to the 
  contrary notwithstanding, until the previous question is ordered. A 
  Member may not move the previous question on the question of 
  reconsideration where the Chair has not yet stated the question

[[Page 904]]

  to be pending on overriding the veto. Manual Sec. 108; see also 7 
  Cannon Sec. 1105.

                               Postponement

      Although the House often 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. 4 Hinds 
  Sec. Sec. 3542-3547; Deschler Ch 24 Sec. 21.9. Such a postponement is 
  not in violation of the constitutional requirement that the House 
  ``shall . . . proceed to reconsider'' a vetoed bill. Manual Sec. 108. 
  The postponement has been for as long as eight months and into the 
  next session of the same Congress. 99-1, Dec. 17, 1985, p 37477. The 
  motion to postpone further consideration of a veto message is 
  debatable for one hour. Manual Sec. 108.
      When consideration of a veto message is postponed to a day 
  certain, it becomes unfinished business on that day. Deschler Ch 24 
  Sec. 22.1. At that time, the veto message may be voted on, tabled, 
  referred to committee, or again postponed as the House determines. 
  Manual Sec. 108.

                           Referral to Committee

      A veto message from the President may be referred to a committee 
  by unanimous consent or by motion. 4 Hinds Sec. 3550; Deschler Ch 24 
  Sec. 21.5. Such a referral is in order in the House even on a bill 
  that the Senate has already passed over the President's veto. 94-2, 
  Jan. 26, 1976, p 874.
      A motion to refer a veto message to committee takes precedence 
  over the question of reconsideration. 7 Cannon Sec. 1100. However, 
  although 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, such motion is debatable under the hour rule. Manual 
  Sec. 108. The motion is renewable every legislative day, 
  notwithstanding the tabling of a prior motion. 100-2, Aug. 10, 1988, p 
  21589. If a 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. Deschler Ch 24 Sec. 22.7. The previous 
  question may be moved by the manager at any time during the debate. 
  Deschler Ch 24

[[Page 905]]

  Sec. 22.9. The Chair normally recognizes the chairman of the committee 
  or subcommittee that managed the bill to control the debate on the 
  veto message.


  Sec. 6 . -- Voting; Disposition of Bill

      Under article I, section 7 of the Constitution, a vetoed bill 
  becomes law when it is reconsidered and passed by the requisite two-
  thirds vote in each House. 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 
  Sec. Sec. 3537, 3538; 7 Cannon Sec. 1111. Section 7 further requires 
  that the vote on passage of a bill over the President's veto must be 
  by the yeas and nays. Deschler Ch 24 Sec. 22.10.
      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. 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. 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 sine die before the expiration of that 
  time in such a manner as to prevent the return of the bill to the 
  originating House. Manual Sec. 112; Deschler Ch 24 Sec. 18; The Pocket 
  Veto Case, 279 U.S. 655, 680 (1929) (dicta).
      A constitutional debate still lingers with respect to the 
  conditions under which the President may exercise his pocket veto 
  authority during other 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.

[[Page 906]]

                     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 U.S. 655 (1929). A more 
  recent appellate court decision held that the return of a bill during 
  an adjournment between sessions was not prevented within the meaning 
  of the Constitution where the originating House had appointed an agent 
  for the receipt of Presidential veto messages. The decision further 
  stated that the validity of a pocket veto is governed not by the type 
  or length of adjournment but by whether the conditions of the 
  adjournment impede the actual return of the bill. Barnes v. Kline, 759 
  F.2d 21 (D.C. Cir. 1985), vacated as moot, Burke v. Barnes, 479 U.S. 
  361 (1987). As part of the concurrent resolution providing for the 
  sine die adjournment of the first session, the Congress has 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. Manual 
  Sec. 113. Under rule II clause 2(h), the Clerk is authorized to 
  receive messages from the President at any time that the House is not 
  in session. Manual Sec. 652. 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. Manual Sec. 113; 101-2, Jan. 23, 
  1990, p 3.

                     During Intrasession Adjournments

      An adjournment of Congress during a session does not prevent the 
  President from returning a bill he disapproves, as 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 for more than three days to a 
  day certain, where the Secretary of the Senate has been authorized to 
  receive Presidential messages during such adjournment. Kennedy v. 
  Sampson, 511 F.2d 430 (D.C. Cir. 1974); see also Kennedy v. Jones, 412 
  F. Supp. 353 (D.D.C. 1976). The Supreme Court has held that the 
  adjournment of the House of origin for a period not exceeding three 
  days while the other House of the Congress remained in session, does 
  not prevent the return of a vetoed bill to the House of origin. Wright 
  v. United States, 302 U.S. 583 (1938).
      In one instance the House and Senate reconsidered and passed a 
  bill that was ostensibly pocket vetoed during an intrasession 
  adjournment. The

[[Page 907]]

  Administrator of General Services at the Archives (now Archivist), 
  upon receiving instructions from the Department of Justice, declined 
  to promulgate the bill as public law on the day it was received. The 
  question as to the efficacy of the congressional action in passing the 
  bill over the President's veto was mooted when the House and Senate 
  passed an identical bill that was signed into law. Manual Sec. 113.
      On similar occasions when the President has asserted a pocket veto 
  during an intersession adjournment, the House has regarded the 
  President's actual return of the bill without his signature as a 
  return veto and proceeded to reconsider the bill over the President's 
  objections. Manual Sec. 113.
      For a joint letter from Speaker Foley and Minority Leader Michel 
  to the President, and a response thereto by Attorney General 
  Thornburg, on the use of pocket veto authority during an intrasession 
  adjournment, see 101-2, Jan. 23, 1990, p 3. For a joint letter from 
  Speaker Hastert and Minority Leader Gephardt reiterating their 
  predecessors' concerns in this area, see 106-2, Sept. 19, 2000, p 
  ____; 106-2, Nov. 13, 2000, p ____. For discussions of the 
  constitutionality of intersession or intrasession pocket vetoes, see 
  Kennedy, ``Congress, The President, and The Pocket Veto,'' 63 Va. L. 
  Rev. 355 (1977), and Hearing, Subcommittee on Legislative Process, 
  Committee on Rules, on H.R. 849, 101st Congress.


  Sec. 8 . Line Item Veto Authority

      The Line Item Veto Act took effect on January 1, 1997. 2 USC 
  Sec. 691-691f. The Act gave the President the authority to cancel 
  discrete dollar amounts of discretionary budget authority, new direct 
  spending, and limited tax benefits contained in Acts sent to him for 
  approval. Cancellations were effective unless disapproved by law. Such 
  disapprovals could be enacted under the congressional review 
  procedures set forth in the Act. The President has exercised his 
  cancellation authority on a couple of occasions. See H. Doc. 105-147, 
  H. Doc. 105-115, and H. Doc. 105-116. In Clinton v. City of New York, 
  524 U.S. 417 (1998), the Supreme Court held that the cancellation 
  authority of the Line Item Veto Act violated the presentment clause of 
  article I, section 7 of the Constitution. Although the congressional 
  review procedures remain in the law, the Court decision makes it 
  unlikely that they will be invoked. See Manual Sec. 1130(6B).


[[Page 909]]

 
                            CHAPTER 58 - VOTING

                              HOUSE PRACTICE

              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. Nonrecord 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; 15-minute Votes
  Sec. 21. Five-Minute Votes in the House; ``15-and-5'' Votes
  Sec. 22. Postponed and Clustered Votes in Committee of the Whole

[[Page 910]]

  Sec. 23. Postponed and Clustered Votes in the House

              G. Vote Changes, Corrections, and Announcements

  Sec. 24. In General; Vote Changes
  Sec. 25. Correcting the Congressional Record and the Journal
  Sec. 26. Recapitulations
  Sec. 27. Personal Explanations

              H. Majority Votes; Super-majority Votes

  Sec. 28. In General; Tie Votes
        Research References
          U.S. Const. art. I Sec. Sec. 5, 7
          5 Hinds Sec. Sec. 5925-6105
          8 Cannon Sec. Sec. 3065-3162
          Deschler-Brown Ch 30 Sec. Sec. 1-59
          Manual Sec. Sec. 75-80, 630, 631, 1012-1034


                               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 in the full House:

     Voice votes under rule I clause 6 in which Members express 
         their voting preference simply by calling out ``aye'' or ``no'' 
         in unison.
     Division votes under rule XX clause 1(a) in which Members 
         stand to be counted as either for or against a proposition.
     Yea-and-nay votes, which require the support of one-fifth of 
         the Members present under article I, section 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 XX clause 6. Yea-and-nay votes usually are 
         taken by electronic device.
     Recorded votes under rule XX clause 1(b), which require the 
         support of one-fifth of a quorum (44 when a quourm is 218). A 
         recorded vote is considered to be a vote by the yeas and nays 
         when taken in the House.

      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, which is a vote used only in the House. Under rule 
  XVIII clause 6(e), a recorded vote may be ordered in the Committee of 
  the Whole when

[[Page 911]]

  the demand is supported by at least 25 Members. The automatic vote by 
  the yeas and nays, when a vote is objected to on the grounds that a 
  quorum is not present, is not available in the Committee of the Whole.
      Sometimes these voting methods are used in various combinations, 
  one after the other, depending on the circumstances. In the usual 
  case, the Chair first puts a question to a vote by voice under rule I 
  clause 6. The Chair may initiate, or any Member may ask for, a 
  division vote. A record vote may be demanded before or after a 
  division vote.
      Less frequently used, but still available on a stand-by basis 
  under rule XX, are the following: (1) roll call votes, in which each 
  Member's response is given orally as the Clerk calls the roll in 
  alphabetical order (rule XX clause 3); 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 XX clause 4).
      Rule XX clause 10 requires that the question on final passage of 
  general appropriation bills, budget resolutions, bills increasing 
  Federal income tax rates, or conference reports thereon be taken by 
  the yeas and nays. Article I, section 7 of the Constitution requires 
  that the question of passing a bill over the veto of the President 
  also must be by the yeas and nays. Under rule XXII clause 12, the vote 
  to close a conference committee meeting also is required to be taken 
  by the yeas and nays.
      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. Deschler-Brown Ch 30 Sec. 2.3.
      For a discussion of voting in committees, see Committees.

                             Voting by Ballot

      Voting on an election in the House by ballot, although authorized 
  by rule XX clause 11, is largely obsolete. Manual Sec. 1034. 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

      The electronic voting system was installed in the House Chamber in 
  1972 pursuant to the Legislative Reorganization Act of 1970 and 
  adopted as a voting method by amendments to rule XX. Manual Sec. 1012. 
  The new system replaced the lengthy call of the roll and votes by 
  cards with the clerks. Instead, votes are conducted by a computerized 
  device that simultaneously receives and records votes cast by Members 
  during the voting pe

[[Page 912]]

  riod. A master computer processes voting information for immediate and 
  subsequent retrieval. Members may still vote by card with the clerks 
  in the well.

                   Verification of Vote; Changing Votes

      Some 44 electronic voting stations are available in the Chamber. 
  After using one of them, a Member may verify that his vote has been 
  properly recorded by reinserting his card in an alternate voting 
  station. Illumination of the button corresponding to the last vote 
  preference will indicate that the vote has been recorded by the 
  system. In one instance, where the voting system failed for one 
  minute, the Chair allowed Members additional time to check the 
  electronic display panel to verify whether their votes were properly 
  recorded. 103-1, Sept. 29, 1993, p 23030.
      A Member may change his vote--if more than five minutes remain or 
  on five-minute votes--by depressing one of the other pushbuttons. With 
  less than five minutes remaining during a 15-minute vote, changes must 
  be made in the well, as with votes cast after the voting stations have 
  been closed but before the Chair's announcement of the result. Manual 
  Sec. 1014; vote changes generally, see Sec. 25, infra.

                           Effect of Malfunction

      Rule XX clause 2(b) authorizes the Chair to conduct record votes 
  and quorum calls under the standby procedures prescribed in rule XX 
  when the electronic voting system malfunctions. For example, the Chair 
  may vacate the results of an electronic vote in progress when the 
  system malfunctions and direct that the record vote be conducted by 
  call of the roll under rule XX clause 3. Manual Sec. 1014. He also may 
  announce that Members who have been recorded before the malfunction of 
  the electronic device will be included in the new tally of those 
  voting. Deschler-Brown Ch 30 Sec. 31.15. When the system again becomes 
  operative, its use resumes at the Chair's discretion. Deschler-Brown 
  Ch 30 Sec. 31.11.
      The question whether the electronic voting system is functioning 
  reliably is in the discretion of the Chair, who may base a judgment on 
  certification by the Clerk. For example, the Speaker continued to use 
  the electronic system, even though the electronic display panel was 
  temporarily inoperative, where the voting stations continued in 
  operation and Members were able to verify their votes. On the other 
  hand, the Chair vacated the results of an electronic vote and directed 
  that the record vote be taken by call of the roll where the electronic 
  display panel malfunctioned, and the Chair could not obtain 
  verification from the Clerk that the vote would be recorded with 100 
  percent accuracy. Manual Sec. 1014. A malfunction of the

[[Page 913]]

  monitor at the majority or minority table will not prevent use of the 
  electronic system where an alternate monitor may be used. 93-2, Aug. 
  7, 1974, p 27219.


  Sec. 3 . Prohibitions Against Voting by Proxy or for Absent Members

      Whether in the House or the Committee of the Whole, Members must 
  vote in person. Manual Sec. 674; 7 Cannon Sec. 1014. 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 
  that end is forbidden by rule III clause 2.
      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 breach of ethics. A Member's participation in such activity, 
  either by direction or by subsequent acquiescence or ratification, is 
  a matter warranting sanction by the House. The House has reprimanded a 
  Member for failing to prevent unauthorized use of his voting card. 
  Deschler-Brown Ch 30 Sec. 3.16.


                       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 rule I clause 6. Manual Sec. 630. It is a breach of 
  order for the Speaker to refuse to put a question that 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, such as a 
  ``straw vote'' before the question is put. Manual Sec. 630; Deschler-
  Brown Ch 30 Sec. 2.3. 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.
      Putting the question on engrossment and third reading before 
  passage of a bill or joint resolution is required by rule XVI clause 
  8. However, where a statute requires the vote to occur on final 
  passage 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.

[[Page 914]]

  Sec. 5 . Voting by the Chair

                               Right to Vote

      The Speaker has the same right to vote as other Members, and he 
  has exercised this right even in contravention of early House rules 
  attempting to limit his voting authority. Manual Sec. 631; 5 Hinds 
  Sec. Sec. 5964, 5966. He may vote ``aye'' or ``no'' at any time before 
  the final announcement of the vote. Deschler-Brown Ch 30 Sec. 21.2. On 
  an electronic vote, the Speaker may direct the Clerk to record his 
  vote and verifies that instruction by submitting a vote card. Manual 
  Sec. 631. On roll call votes, the Speaker's name is not called except 
  at his request, and then at the end of the roll. Manual Sec. 631. 
  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. 5 Hinds Sec. 5964 (note). In more recent Congresses, 
  it has become more common for Speakers to vote, especially on 
  important legislation.

                               Duty to Vote

      Under rule I clause 7, the Speaker is not required to vote 
  ``except when his vote would be decisive . . . .'' Manual Sec. 631. 
  The Speaker may vote to make a tie and thus defeat a measure or to 
  break a tie and thus pass or adopt a measure. 8 Cannon Sec. 3100; 
  Deschler Ch 6 Sec. 5.


  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. 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 is not subject to a direct 
  challenge. Manual Sec. 629; 8 Cannon Sec. 3115. Appeals may not be 
  taken from the Chair's count of the number rising to demand a vote. 8 
  Cannon Sec. 3105; Deschler-Brown Ch 30 Sec. 33.5. An appeal also will 
  not lie from a count of those supporting the demand for the yeas and 
  nays (Deschler-Brown Ch 30 Sec. 26.8) 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 record vote. 8 Cannon Sec. Sec. 3115-
  3118.

[[Page 915]]

                      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 rule III clause 1 
  states that Members ``shall vote on each question put . . . '', in 
  practice the House does not enforce this provision. Manual Sec. 671. 
  The Speaker has no power to compel a Member to vote. 5 Hinds 
  Sec. 5942. House actions to compel a Member to cast a vote have been 
  uniformly unsuccessful. 5 Hinds Sec. Sec. 5943-5948. By the same 
  token, the House does not excuse a Member from voting other than by 
  granting ``leaves of absence'' under rule III clause 1. A unanimous-
  consent request in the Committee of the Whole to excuse a Member from 
  voting is out of order. Deschler-Brown Ch 30 Sec. 3.3.


  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. Manual Sec. 672; 5 Hinds 
  Sec. Sec. 5952, 5966, 5967; 8 Cannon Sec. 3072.
      Rule XXIII clause 10, part of the Code of Official Conduct, 
  provides that a Member who is convicted of a crime for which a prison 
  sentence of two or more years could be imposed ``should'' refrain from 
  voting in the House or the Committee of the Whole until reinstatement 
  of the presumption of his innocence or until he is reelected to the 
  House. Manual Sec. 1095. 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. 94-76.

                      Personal or Pecuniary Interest

      Rule III clause 1 provides that a Member is not required to vote 
  where he has a ``direct personal or pecuniary'' interest in the 
  question. Manual Sec. 671. In rare instances the Speaker has ruled 
  that a Member, because of his personal interest in the outcome, should 
  not vote. 5 Hinds Sec. Sec. 5955, 5958. However, ordinarily the Member 
  himself--and not the Chair--determines this question. 5 Hinds 
  Sec. Sec. 5950, 5951; 8 Cannon Sec. 3071; Deschler-Brown Ch 30 
  Sec. 3.1. The Speaker will not sustain 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. Manual Sec. 672.

[[Page 916]]

      A Member may disqualify himself from voting on a measure because 
  of a personal or pecuniary interest in the measure being considered 
  and thus announce an intention to vote ``present'' on the issue. 
  Deschler-Brown Ch 30 Sec. Sec. 3.5, 3.7.
      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. 
  Deschler-Brown Ch 30 Sec. 3.10.


                            D. Nonrecord 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 nonrecord votes. The first is a voice vote under rule 
  I clause 6. The second is a vote by division under rule XX clause 
  1(a). Authority for demanding a vote by tellers 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 and diversity of sound 
  produced by Members as they respond either ``aye'' or ``no'' to the 
  question put by the Chair. Manual Sec. 630; 5 Hinds Sec. 5926. If the 
  Chair is in doubt about the result, or if any Member requests it, a 
  division vote is in order. Manual Sec. 1012. In a division vote, those 
  in favor and then those opposed are asked to stand and be counted. 
  Sec. 10, infra.
      In most situations, the Speaker must put the pending question to a 
  voice vote under rule I clause 6 before entertaining a demand for a 
  recorded vote or the yeas and nays. Deschler-Brown Ch 30 Sec. 7.1.


  Sec. 10 . Voting by Division

                              Generally; Form

      A demand for a division (standing) vote is in order following the 
  taking of a voice vote. Deschler-Brown Ch 30 Sec. 17.1. Under rule XX 
  clause 1,

[[Page 917]]

  after a voice vote, if the Speaker is in doubt or a division is called 
  for, ``[T]he House shall divide . . . . Those in favor of the question 
  shall first rise from their seats to be counted, and then those 
  opposed.'' Manual Sec. 1012. Only one demand for a vote by division on 
  a pending question is in order. Deschler-Brown Ch 30 Sec. 11.9.

      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. Deschler-Brown Ch 30 Sec. 9.9. 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 a division was on his feet seeking recognition at the 
  time of the announcement. Deschler-Brown Ch 30 Sec. 9.5.

        Precedence of Demand for Recorded Vote or Yea-and-Nay Vote

      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. Deschler-Brown Ch 30 Sec. 14.1.
      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. 5 
  Hinds Sec. 6039. However, the demand may not interrupt a division 
  while the Chair is counting. Manual Sec. 1012; Deschler-Brown Ch 30 
  Sec. 10.3. A demand for a division vote is not precluded by the fact 
  that the yeas and nays have been refused. 8 Cannon Sec. 3103.
      When the Chair has put the question and is in doubt as to the 
  result, the Chair may, on his own initiative under rule XX clause 1(a) 
  conduct a vote by division before entertaining a demand for a record 
  vote. Deschler-Brown Ch 30 Sec. 9.2. He also may entertain a demand 
  for a record vote without first conducting a division. Deschler-Brown 
  Ch 30 Sec. 9.3. However, his count cannot be interrupted by a demand 
  for a record vote. Deschler-Brown Ch 30 Sec. 10.4.

                      Interruptions During the Count

      The Chair generally declines to recognize Members while he is 
  counting those standing on a division vote. Parliamentary inquiries 
  are entertained before (not after) the Chair asks those in favor of 
  the proposition to rise. Deschler-Brown Ch 30 Sec. 10.2. Under rule 
  XXII clause 7, a conference re

[[Page 918]]

  port may not be presented while the House is dividing. Manual 
  Sec. 1077. Messages are not received during a division. Manual 
  Sec. 562.
      Because 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. Manual Sec. 1012. 
  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. Manual Sec. 1012.


  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. The 
  rule authorizing a demanded teller vote was abolished in 1993. Manual 
  Sec. 1013. Under rule XX clause 4, only the Speaker may direct a vote 
  by tellers. For an explanation of the method of taking teller votes, 
  see Deschler-Brown Ch 30 Sec. 16. For a discussion of teller votes and 
  the Speaker's discretion, see Sec. 18, infra.


                            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 under article I, 
  section 5 of the Constitution is the preeminent method of voting and 
  its initiation is to be distinguished from the recorded vote available 
  under separate House rules. Rule XX clause 6 also orders the yeas and 
  nays in the absence of quorum whenever a vote is objected to for lack 
  of a quorum. Manual Sec. 1025. Yea-and-nay votes are not in order in 
  the Committee of the Whole. 4 Hinds Sec. 4722. Recorded votes, on the 
  other hand, are available in both the House (rule XX clause 1(b)) and 
  the Committee of the Whole (rule XVIII clause 6(e)).
      Yea-and-nay votes require the support of only one-fifth of those 
  present. Sec. 14, infra. On the other hand, a recorded vote in the 
  House requires the support of one-fifth of a quorum (44 when a quorum 
  is 218). Deschler-Brown Ch 30 Sec. 34.1. A request for a recorded vote 
  in the Committee of the Whole must be supported by 25 Members under 
  rule XVIII clause 6(e). It is the Chair's statement of the demand, and 
  not the Member's request,

[[Page 919]]

  that controls whether one-fifth of those present or one-fifth of a 
  quorum is required to support the demand. Deschler-Brown Ch 30 
  Sec. 2.2.

                         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 to a voice 
  vote:

      Chair: The question is on the amendment offered by the gentleman 
    from __________. [voice vote]
      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 XX clause 1 
  must be supported by one-fifth of a quorum (usually 44 Members). 
  Deschler-Brown Ch 30 Sec. 34.1. The demand must be supported by 25 
  Members in the Committee of the Whole under rule XVIII clause 6(e). 
  The count of Members standing to support a demand for a recorded vote 
  is not subject to challenge by appeal. Deschler-Brown Ch 30 Sec. 33.5.
      In the House, a request for a recorded vote must yield to the 
  constitutional prerogative of a Member to demand the yeas and nays. 
  Sec. 14, infra. However, 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 the required support. Deschler-Brown Ch 30 
  Sec. Sec. 33.2, 33.3. Even the Member who has withdrawn a demand for 
  the yeas and nays may request a recorded vote under rule XX clause 
  1(b). Deschler-Brown Ch 30 Sec. 33.4. 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 but may not renew his 
  demand for the yeas and nays. Deschler-Brown Ch 30 Sec. 55.5.

           Timeliness of Demand for Recorded Vote; Interruptions

      A request for a recorded vote is in order only after the Chair has 
  put the question to a voice vote. Deschler-Brown Ch 30 Sec. 7.1. It 
  cannot interrupt a voice vote or a vote by division that is in 
  progress. Manual Sec. 1012; Deschler-Brown Ch 30 Sec. 7.1. 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. Deschler-Brown Ch 30 Sec. 33.18. 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. Deschler-Brown 
  Ch 30 Sec. 9.5.

[[Page 920]]

      A demand for a recorded vote on an amendment comes too late after 
  the amendment has been voted on and disposed of and the Chair has 
  inquired as to the purpose of another Member rising. Deschler-Brown Ch 
  30 Sec. Sec. 24.6, 33.17. 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. Manual Sec. 1012. If the demand comes too late, it is 
  certainly within the province of the Chair to recognize for a 
  unanimous-consent request to vacate proceedings and thereby set the 
  stage for putting the question a second time so a recorded vote can be 
  demanded. Deschler-Brown Ch 30 Sec. 33.18.

                      Repetition or Renewal of Demand

      Only one request for a recorded vote on a pending question is in 
  order. Manual Sec. 1012. 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. Deschler-Brown Ch 30 
  Sec. 33.7.
      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. Deschler-Brown Ch 30 
  Sec. 33.9. This is so, even where the absence of a quorum is disclosed 
  immediately following the Chair's announcement of his refusal or where 
  a quorum call has intervened. Deschler-Brown Ch 30 Sec. Sec. 33.10, 
  33.11. However, the request remains pending where the Chair had 
  interrupted his count of Members standing in support of the demand in 
  order to count for a quorum. 97-2, Aug. 5, 1982, p 19658. For a 
  request to be once denied, the Chair must have finalized his count. In 
  one instance, the Chairman of the Committee of the Whole, having 
  announced that an insufficient number of Members had arisen in support 
  of a request for a recorded vote on an amendment (but having hedged 
  that announcement with the word ``apparently'' and having refrained 
  from stating the conclusion that the recorded vote was refused), 
  nevertheless entertained a point of no quorum, tacitly treating the 
  request for a recorded vote as not yet finalized. 107-1, Oct. 11, 
  2001, p ____

                           Withdrawal of Demand

      A demand for a recorded vote may be withdrawn without unanimous 
  consent before the Chair finalizes his count. Deschler-Brown Ch 30 
  Sec. Sec. 33.20, 33.21.

[[Page 921]]

                           Postponement of Vote

      For a discussion of the Chair's authority to postpone votes in the 
  House and in the Committee of the Whole, see Sec. Sec. 22, 23, infra.


  Sec. 13 . Ordering the Yeas and Nays

                         In General; When Required

      The yeas and nays usually are in order only after they are 
  demanded by a Member and the demand is supported by a sufficient 
  number of Members. Sec. 14, infra. However, in some cases the yeas and 
  nays are required by law or by House rule. Under article I, section 7 
  of the Constitution, a vote by the yeas and nays is required to pass a 
  bill over the President's veto. 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 a bill providing general 
  appropriations or income tax rate increases or a concurrent resolution 
  on the budget. Rule XX clause 10. 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 XXII clause 12. Manual 
  Sec. 1093. Such a vote also may be required by statute. See, e.g., 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. 
  Consideration of a conference report or a motion to reconsider the 
  vote by which the yeas and nays have been ordered also has been 
  permitted to intervene. Manual Sec. 80; 5 Hinds Sec. 6029; 8 Cannon 
  Sec. 2790.

                           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. 8 Cannon Sec. 3108. However, should a quorum fail to vote and 
  the House adjourn, the question recurs de novo when the bill again 
  comes before the House. Deschler Ch 20 Sec. Sec. 8.2, 10.17.

[[Page 922]]

  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. Deschler-Brown Ch 30 Sec. 7.1. However, a 
  vote by the yeas and nays is taken only if a sufficient number of 
  Members rise in support of the demand. Under article I, section 5 of 
  the Constitution, the demand must be supported by one-fifth of the 
  Members present. Manual Sec. Sec. 75, 77.

      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 remain standing 
    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.

      It is well established that a quorum is not necessary to the 
  ordering of the yeas and nays. Manual Sec. 76; 5 Hinds Sec. Sec. 6016-
  6028. 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 
  Sec. Sec. 3111, 3120. A request for a rising of those opposed to the 
  demand is not in order. 8 Cannon Sec. Sec. 3112-3114. The Chair 
  ordinarily first counts those supporting the demand and then counts 
  the House. Latecomers in support of the demand are included in the 
  count until it is closed by the Chair. Manual Sec. 78. The Speaker's 
  count of the House on this question is not subject to appeal. Manual 
  Sec. 78.

                               When in Order

      The Speaker must put the question before a demand for the yeas and 
  nays is in order. Manual Sec. 76. The demand is in order after the 
  Speaker has put the question to a voice vote, is announcing the result 
  of a division, and even after the announcement of such a vote if the 
  House has not passed on to other business. 5 Hinds Sec. Sec. 6039-
  6041. However, a demand for the yeas and nays comes too late after the 
  Speaker has put the question on a motion and announced the result and 
  the House has proceeded to other business. Deschler-Brown Ch 30 
  Sec. 24.6. 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. Deschler-Brown Ch 29 Sec. 8.25.

[[Page 923]]

                           Precedence of Demand

      Being of constitutional origin, a demand for the yeas and nays in 
  the House takes precedence over a demand for a recorded vote. 
  Deschler-Brown Ch 30 Sec. 33.2. A demand for the yeas and nays 
  likewise takes precedence over a demand for a division vote. Deschler-
  Brown Ch 30 Sec. 14.1.

                 Demands as Dilatory; Repetition of Demand

      The constitutional provision authorizing a demand for the yeas and 
  nays is liberally construed. 8 Cannon Sec. 3110. The demand may be 
  made by any Member 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 refused once may not be demanded again 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.

                                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 except by unanimous consent. Deschler-Brown Ch 
  30 Sec. 24.8.


  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. 1012. Today, yea-and-nay votes almost invariably 
  are cast by use of the electronic voting system. However, the Speaker 
  has the discretion under rule XX clause 3 to have the Clerk call the 
  roll for the yeas and nays. Manual Sec. 1015. The Speaker may direct 
  the Clerk to call the roll, in lieu of taking the vote by electronic 
  device, when the voting system is temporarily inoperative. Deschler-
  Brown Ch 30 Sec. Sec. 31.8-31.10.

                              Reconsideration

      A motion to reconsider a vote ordering the yeas and nays or 
  refusing the yeas and nays is in order. Manual Sec. 79; 5 Hinds 
  Sec. Sec. 5692, 6029; 8 Cannon Sec. 2790. 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 again may be ordered (by one-
  fifth of those present). 5 Hinds Sec. Sec. 5689-5691. However, if the 
  House, having reconsidered, again orders the yeas and nays, a second 
  motion to reconsider is not in order. 5 Hinds Sec. 6037.

[[Page 924]]

                        Disclosure of Member's Vote

      A Member's vote, whether ``yea,'' ``nay,'' or ``present,'' appears 
  in the Congressional Record and, as required by article I, section 5 
  of the Constitution, in the House Journal. Manual Sec. 75. However, 
  there is no requirement that a Member's vote be announced publicly 
  during the vote. Manual Sec. 76.


  Sec. 16 . Automatic Yea-and-Nay Votes

      Any nonrecord vote in the House may be objected to for lack of a 
  quorum under rule XX clause 6, thereby precipitating, in the absence 
  of a quourm, a quorum call and a simultaneous automatic ordering of 
  the yeas and nays. 6 Cannon Sec. 697; Deschler-Brown Ch 30 Sec. 23. 
  Clause 6 provides that ``[w]hen a quorum fails to vote on a question, 
  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. 1025. 
  An automatic call under this rule is not in order in Committee of the 
  Whole. Manual Sec. 1026.
      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. Deschler-Brown Ch 30 Sec. 31.9.
      The automatic call and vote that ensues under rule XX clause 6 
  when a quorum fails to vote is applicable whether the House is voting 
  viva voce, by division, by tellers, or by the yeas and nays, but does 
  not apply when the House is voting on some question that does not 
  require a quorum, such as a motion incidental to a call of the House. 
  4 Hinds Sec. Sec. 2994, 3053; 6 Cannon Sec. Sec. 681, 691, 697, 703. 
  Although a quorum is not required to adjourn, a point of no quorum on 
  a negative vote on adjournment, if sustained, precipitates a call of 
  the House under the rule. 6 Cannon Sec. 700; Deschler-Brown Ch 30 
  Sec. 11.4.
      For a further discussion of quorums and voting, see Quorums.


  Sec. 17 . Roll Call Votes

                                In General

      Because of the availability of the electronic voting system, roll 
  call votes are rarely taken under the modern practice. Today roll call 
  votes ordinarily are taken only during the process of electing a 
  Speaker--where the Members respond by surname--or in the event of a 
  malfunction of the electronic voting system. Manual Sec. 27; Deschler-
  Brown Ch 30 Sec. 31.15. Nevertheless, the Speaker has broad 
  discretionary power to invoke a roll call vote,

[[Page 925]]

  in lieu of taking the vote by electronic device, even where a quorum 
  fails to vote on any question and objection is made for that reason. 
  Manual Sec. 1014; Deschler Ch 20 Sec. 4.2.
      The Clerk calls the roll of Members in alphabetical order by 
  surname. 5 Hinds Sec. 6046. The Speaker's name may be 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. 4 Hinds Sec. 3052. A Member may cast his vote even 
  after his name has been called provided the result of the vote has not 
  been announced. Manual Sec. 1015.

                               Interruptions

      A motion to adjourn may be offered before the roll call begins. 4 
  Hinds Sec. 3050. Under rule XX clause 6(c), after Members have had the 
  requisite opportunity to respond by the yeas and nays but before a 
  result has been announced, a motion that the House adjourn is in order 
  if seconded by a majority of those present (to be ascertained by 
  actual count by the Speaker). If the House adjourns on such a motion, 
  the yeas and nays are vacated.
      A roll call may be interrupted for the reception of messages and 
  by the arrival of the hour fixed for adjournment sine die. Manual 
  Sec. 1018; 5 Hinds Sec. Sec. 6715-6718. However, a roll call, once 
  under way, may not be interrupted by:

     A motion to adjourn (except as provided in rule XX clause 
         6(c)). 5 Hinds Sec. 6053.
     A parliamentary inquiry, unless related to the vote. 5 Hinds 
         Sec. Sec. 6054, 6058; 8 Cannon Sec. 3132.
     A question of personal privilege. 5 Hinds Sec. 6058; 6 Cannon 
         Sec. Sec. 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 
         Sec. Sec. 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. Rule XX clause 4; Manual Sec. 1019. Under this 
  rarely used voting practice, the Chair has the discretion to order the 
  Clerk to ``tell the names of those voting on each side of the question 
  . . . . '' 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, with the ``aye'' boxes 
  located up the aisle at the rear of

[[Page 926]]

  the Chamber at the Chair's left and the ``no'' boxes located up the 
  aisle at the Chair's right.
      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 in the event of malfunction of the electronic system or in the 
  event the Clerk is unable to call the roll. Manual Sec. 1019.


  Sec. 19 . Pairing

                       General Pairs; Specific Pairs

      The practice of announcing general pairs was deleted from the 
  rules in the 106th Congress. For a history of the former rule, see 
  Manual Sec. 1031.

                              ``Live'' Pairs

      Although rarely used, the announcement of live pairs, which 
  involve an agreement between one Member who is present and voting and 
  another on the opposite side of the question, who is absent, is still 
  permitted under rule XX clause 3. Manual Sec. 1015. By agreement, the 
  voting Member withdraws his vote and records himself as ``present'' by 
  submitting an amber ``present'' card. Deschler-Brown Ch 30 Sec. 4.

      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. Deschler-Brown Ch 30 Sec. 4.11.


                    F. Voting Periods; Time Limitations


  Sec. 20 . In General; 15-minute Votes

                              15-minute Votes

      Under rule XX clause 2(a) and rule XVIII clause 6(g), Members have 
  a minimum of 15 minutes from the time of the ordering of a record vote 
  in the House or in the Committee of the Whole. Members who are in the 
  well at the expiration of that time will be permitted to vote before 
  the announcement of the result by the Chair. The Chair has the 
  discretion to close the vote and to announce the result at any time 
  after 15 minutes have elapsed or to allow additional time for Members 
  to record their votes before announcing the result. Manual Sec. 1014. 
  Thus, no point of order lies against

[[Page 927]]

  the decision of the Chair in his discretion to close a vote taken by 
  electronic device after 15 minutes have elapsed. Manual Sec. 1014.
      At the beginning of a new Congress, the Speaker has inserted in 
  the Congressional Record his announcement that, in order to expedite 
  the conduct of votes by electronic device, the cloakrooms were 
  directed not to forward to the Chair individual requests to hold a 
  vote open. The Speaker has also announced that each occupant of the 
  Chair would have his full support in striving to close each electronic 
  vote at the earliest opportunity and that Members should not rely on 
  signals relayed from outside the Chamber to assume that votes will be 
  held open until they arrive. At the same time, the Chair will not 
  close a vote while a Member is in the well attempting to vote. At the 
  beginning of the 108th Congress, the Speaker repeatedly reminded 
  Members of this policy and instituted a new practice of reminding 
  Members when two minutes remain on the clock for each vote. Manual 
  Sec. 1014.
      It is not in order, even by unanimous consent, to permit a Member 
  to have his vote recorded after the announcement of the result, even 
  though the Member states that he was in the Chamber before the 
  announcement. Deschler-Brown Ch 30 Sec. Sec. 36.2, 36.4. However, the 
  Member may, by unanimous consent, announce how he would have voted if 
  permitted. See Sec. Sec. 25-27, infra.

                   Voting Alerts; Bell and Light System

      A legislative call system alerts Members to the taking of a vote 
  as well as to the kind of vote and to 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. 1016. Members should not rely on signals relayed from 
  outside the Chamber to assume that votes will be held open until they 
  arrive. Manual Sec. 1014. A mechanical malfunction of this call system 
  does not result in the retaking of a vote except by unanimous consent. 
  8 Cannon Sec. Sec. 3153, 3154. Such failure does not permit a Member 
  to be recorded following the conclusion of the call. Manual Sec. 1016. 
  In one instance, the Committee of the Whole agreed by unanimous 
  consent to vacate a recorded vote on an amendment, permitting a new 
  recorded vote to be taken, 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.

[[Page 928]]

      The system, comprising bells and lights, is used as follows:

     Tellers--one ring and one light on left. Because the demand 
         for teller votes was discontinued at the beginning of the 103d 
         Congress, this signal is no longer used.
     Recorded vote, yeas and nays, or automatic record vote taken 
         either by electronic system or by use of tellers with ballot 
         cards--two bells and two lights on left indicate a vote by 
         which Members are recorded by name. Bells are repeated five 
         minutes after the first ring.
     Recorded vote, yeas and nays, or automatic record electronic 
         vote to be followed immediately by possible five-minute vote 
         under rule XX clause 8(c) or 9 or rule XVIII clause 6(f) or 
         6(g)--two bells rung at beginning of first vote, followed by 
         five bells, indicate that Chair will order five-minute votes if 
         record vote is ordered immediately thereafter. Two bells 
         repeated five minutes after first ring. Five bells on each 
         subsequent electronic vote.
     Record vote--two bells, followed by a brief pause, then two 
         bells, indicate such a vote taken by a call of the roll in the 
         House. The bells are repeated when the Clerk reaches the 
         ``R's'' in the first call of the roll.
     Regular quorum call--three bells and three lights on left 
         indicate a quorum call either in the House or in Committee of 
         the Whole by electronic system or by clerks. The bells are 
         repeated five minutes after the first ring. Where quorum call 
         is by call of the roll, three bells followed by a brief pause, 
         then three more bells, with the process repeated when the Clerk 
         reaches the ``R's'' in the first call of the roll, are used.
     Regular quorum call in Committee of the Whole, which may be 
         followed immediately by five-minute electronic recorded vote--
         three bells rung at beginning of quorum call, followed by five 
         bells, indicate that the Chair will order five-minute vote if 
         record vote is ordered on pending question. Three bells 
         repeated five minutes after first ring. Five bells for record 
         vote on pending question if ordered.
     Notice or short quorum call in Committee of the Whole--one 
         long bell followed by three regular bells, and three lights on 
         left, indicate that the Chair has exercised his discretion 
         under rule XVIII clause 6 and will vacate proceedings when a 
         quorum of the Committee appears. Bells are repeated every five 
         minutes unless the call is vacated by the ringing of one long 
         bell and the extinguishing of three lights or the call is 
         converted into a regular quorum call and three regular bells 
         are rung.
     Adjournment--four bells and four lights on left.
     A five-minute vote--five bells and five lights on left.
     Recess of the House--six bells and six lights on left.
     Civil Defense Warning--twelve bells, sounded at two-second 
         intervals, with six lights illuminated.
     The light on the far right--seven--indicates that the House is 
         in session.

      When by unanimous consent waiving the five-minute minimum set by 
  rule XX clause 9, the House authorized the Speaker to put remaining 
  post

[[Page 929]]

  poned questions to two-minute electronic votes, two bells were rung. 
  Manual Sec. 1016.


  Sec. 21 . Five-Minute Votes in the House; ``15-and-5'' Votes

                                 Generally

      Under rule XX clause 9, the Speaker may reduce to five minutes the 
  time for electronic voting on any question arising without intervening 
  business after an electronic vote on another question if notice of 
  possible five-minute voting was issued before the first electronic 
  vote.
      These votes, often referred to as ``15-and-5'' votes, are in order 
  before other business intervenes. For example, rule XX clause 9 does 
  not give the Chair the authority to reduce to five minutes the vote on 
  a motion to recommit occurring immediately after a recorded vote on an 
  amendment reported from the Committee of the Whole, and the Chair will 
  not entertain a unanimous-consent request to reduce that vote to five 
  minutes after Members have already left the Chamber with the 
  expectation that the next vote will be a 15-minute vote. Manual 
  Sec. 1032.

                           By Unanimous Consent

      The House may by unanimous consent authorize the Speaker to reduce 
  the time to respond to a recorded vote. 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 taken 
  immediately following another record vote previously postponed. 98-1, 
  Aug. 1, 1983, p 22029. The Chair has declined to recognize for a 
  unanimous-consent request to reduce to five minutes the first vote in 
  a series because the bell and light system would not give adequate 
  notice of an initial five-minute vote. Under extraordinary 
  circumstances, when many consecutive votes are taken, the House may 
  set the response time at two minutes by unanimous consent. Manual 
  Sec. 1016.


  Sec. 22 . Postponed and Clustered Votes in Committee of the Whole

                             Five-Minute Votes

      Although 15 minutes is the usual minimum time for Members to 
  respond on recorded vote in the Committee of the Whole, the Chair has 
  the discretion, under some circumstances, to reduce such time to five 
  minutes. The Chairman has the discretion under rule XVIII clause 6 to 
  reduce to five minutes the period for a recorded vote following a 
  regular 15-minute quorum call. Manual Sec. 982. An announcement of a 
  possible five-minute vote is normally made by the Chair in advance. 
  98-1, May 4, 1983, p 11063.

[[Page 930]]

      The Chair also has the discretion to order five-minute votes where 
  an electronic vote is pending on two or more amendments, the vote has 
  been taken on the first pending amendment, and there is no intervening 
  business between the first and subsequent amendments. In that case, 
  the Chair may in his discretion reduce the time for voting on the 
  remaining amendments to five minutes. Rule XVIII clause 6(f). A vote 
  by division is not such intervening business as would preclude a five-
  minute vote under rule XVIII. Manual Sec. 984.

                       Postponed Votes on Amendments

      Under rule XVIII clause 6(g), the Chairman of the Committee of the 
  Whole may postpone a request for a recorded vote on any amendment. 
  Proceedings on that amendment may be resumed at the Chair's 
  discretion. Clause 6(g) further permits the Chair to reduce to five 
  minutes the time for electronic voting on any postponed question that 
  follows another electronic vote without intervening business, provided 
  the first vote in any series is a 15-minute vote. Manual Sec. 984.
      Before the adoption of rule XVIII clause 6(g), the Chairman of the 
  Committee of the Whole could not entertain a unanimous-consent request 
  to reduce below 15 minutes the minimum time for recorded votes or to 
  postpone and cluster votes on amendments. Manual Sec. 984. Special 
  rules of the House before adoption of clause 6(g) routinely provided 
  the Chairman of the Committee of the Whole authority to postpone and 
  cluster requests for recorded votes. When a special rule provided such 
  authority, the Chair held the following (also applicable to the 
  Chair's authority under the standing rule):

     The use of postponement authority, and the order of resuming 
         proceedings on postponed questions, is entirely within the 
         discretion of the Chair.
     An amendment pending as unfinished business, where proceedings 
         on a request for a recorded vote have been postponed, may be 
         modified by unanimous consent on the initiative of its 
         proponent.
     A request for a recorded vote on an amendment on which 
         proceedings have been postponed may be withdrawn by unanimous 
         consent before proceedings resume on the request as unfinished 
         business, in which case the amendment stands disposed of by the 
         voice vote thereon.
     Authority to postpone a request for a recorded vote does not 
         permit the Chair to postpone a vote on an appeal of a ruling of 
         the Chair, even by unanimous consent.
     The Committee of the Whole by unanimous consent may vacate 
         postponed proceedings, thereby permitting the Chair to put the 
         question de novo.
     The Chair may resume proceedings on unfinished business 
         consisting of a ``stack'' of amendments even while another 
         amendment is pending.

[[Page 931]]

     The offering of a pro forma amendment to discuss the 
         legislative program, or an extended one-minute speech by a 
         Member to express gratitude to the Members on a personal 
         matter, may be considered intervening business such as to 
         preclude a five-minute vote under this authority.

  Manual Sec. 984.


  Sec. 23 . Postponed and Clustered Votes in the House

      The Speaker has discretionary authority under rule XX clause 8 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. 1030. The 
  rule specifically permits the Speaker to postpone the following 
  questions:

     Approval of the Journal.
     Passing a bill or joint resolution or adopting a concurrent 
         resolution or a resolution (or agreeing to the previous 
         question thereon).
     Agreeing to a motion to suspend the rules.
     Agreeing to a conference report or to a motion to instruct 
         conferees (or agreeing to the previous question thereon).
     Agreeing to a motion to recommit (or the previous question 
         thereon) a bill considered under the Corrections Calendar.
     Agreeing to an amendment to a bill considered under the 
         Corrections Calendar.

      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. 107-2, Oct. 16, 2002, p ____. Where the 
  proposition does not fall within one of the categories listed in rule 
  XX clause 8, the Chair does not have discretionary authority to 
  postpone a vote but may do so by unanimous consent. Manual Sec. 1030.
      For all such categories, the postponement authority under rule XX 
  clause 8 must be to a place designated within two legislative days, 
  with the exception of the question of agreeing to the Speaker's 
  approval of the Journal. That question may be postponed only to a time 
  on the same legislative day. Manual Sec. 1030. The Speaker may 
  simultaneously designate separate times for the resumption of 
  proceedings on separate postponed questions. Once the Speaker has 
  postponed votes to a designated place in the legislative schedule, the 
  Speaker may redesignate the time when the votes will be taken within 
  the appropriate period. Manual Sec. 1030.
      The discretionary authority of the Speaker to postpone votes under 
  rule XX clause 8 arises after a vote of record is ordered or when a 
  vote is objected to for lack of a quorum. Manual Sec. 1030. The 
  authority of the Speaker

[[Page 932]]

  to postpone such a vote does not continue once a record vote has 
  commenced or once the Speaker has announced the absence of a quorum. 
  Deschler-Brown Ch 30 Sec. 56.1.
      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. The ``clustering'' of record votes on postponed matters does 
  not prevent the Chair from entertaining a unanimous-consent request 
  between postponed votes. However, if constituting intervening 
  business, the first vote after the request would have to be a 15-
  minute vote unless reduced to five minutes by unanimous consent. 
  Manual Sec. 1030.


              G. Vote Changes, Corrections, and Announcements


  Sec. 24 . In General; Vote Changes

      A Member who has voted may change his vote at any time before the 
  final announcement of the result. Manual Sec. 1014; 5 Hinds 
  Sec. Sec. 5931, 5934, 6093, 6094. During that time a ``present'' vote 
  may be changed as well as an ``aye'' or ``no'' vote. 5 Hinds 
  Sec. 6060. However, a Member may not withdraw his vote entirely 
  without leave of the House. 5 Hinds Sec. 5930.
      Changes in votes cast are barred following the announcement of the 
  result of the vote, even by unanimous consent. Deschler-Brown Ch 30 
  Sec. 6.1. However, the Speaker may announce a change in the result of 
  a vote taken by electronic device when required to correct an error in 
  identifying a voting card submitted in the well. Manual Sec. 1014.
      When a vote is being taken by electronic device, a Member is 
  permitted to change his vote by reinserting the voting card in a 
  voting station during the first 10 minutes of a 15-minute vote or by 
  the Clerk's announcement in the well after the Chair has asked for 
  changes. During five-minute votes, a Member is permitted to change his 
  vote at the voting stations at any time. Following the expiration of 
  the minimum time for voting by electronic device and the closing of 
  electronic voting stations, but before 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. Manual Sec. 1014; see also 
  Sec. 2, supra.
      A Member who wishes to change his vote on a recorded vote 
  conducted by tellers with clerks may announce his vote change in the 
  well before the announcement of the result. Deschler-Brown Ch 30 
  Sec. 40.6. If the correction is made before the announcement of the 
  result by the Chair, unanimous consent is not required. Deschler-Brown 
  Ch 30 Sec. 40.1.

[[Page 933]]

      When a Member changes his vote following a record vote and before 
  the announcement of the result by the Chair, the change appears in the 
  Congressional Record. This occurs even where the Member changes his 
  vote twice, thereby reverting to his original voting stance. Deschler-
  Brown Ch 30 Sec. 39.6.


  Sec. 25 . Correcting the Congressional Record and the Journal

                             Electronic Votes

      The Chair presumes the technical accuracy of the electronic system 
  if properly used and relies on the responsibility of each Member to 
  correctly cast and verify his vote. Deschler-Brown Ch 30 Sec. 31.3. 
  The Speaker declines to entertain requests to correct the Journal or 
  the Congressional Record on votes taken by electronic device. Manual 
  Sec. 1014. Recognition for such a request may be denied despite 
  assurances by a Member that he had verified his vote by reinserting 
  his card. Deschler-Brown Ch 30 Sec. 6.2. However, the incorrect 
  transcription by the official reporters of a change announced by the 
  Clerk may be corrected in the Record by unanimous consent. Deschler-
  Brown Ch 30 Sec. 31.16. Also, by unanimous consent the House may 
  permit the correction of the Record and the Journal to delete a vote 
  that was not actually cast. Manual Sec. 1014.
      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. Deschler-Brown Ch 
  30 Sec. 32.4 However, the Speaker may announce a change in the result 
  of a vote taken by electronic device when required to correct an error 
  in identifying a voting card submitted in the well. Deschler-Brown Ch 
  30 Sec. 32.5. For a report of the Committee on Standards of Official 
  Conduct on voting anomalies, see H. Rept. 96-991.
      After the announcement of the result of such a vote, although it 
  is not permissible to change a vote, a Member may seek unanimous 
  consent to explain in the Congressional Record where his vote was 
  incorrectly recorded or, though cast, was not recorded. Sec. 27, 
  infra. 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. Deschler-Brown Ch 30 
  Sec. 38.1.

[[Page 934]]

                            Nonelectronic Votes

      When 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 Congressional Record. Manual 
  Sec. 1015. When a vote actually given fails to be recorded during a 
  call of the roll, the Member may, before the approval of the Journal, 
  demand as a matter of right that correction be made. 5 Hinds 
  Sec. Sec. 5969, 6061, 6062; 8 Cannon Sec. 3143.
      Members who have been incorrectly recorded on a vote taken by 
  clerks pursuant to rule XX clause 4 have, by unanimous consent, had 
  their votes corrected following the announcement of the result. The 
  Chair will not entertain such requests after further business has been 
  transacted. Deschler-Brown Ch 30 Sec. 40.3.
      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, before the announcement of the 
  result. Deschler-Brown Ch 30 Sec. 37.1.


  Sec. 26 . Recapitulations

      A Member may not demand a recapitulation of a vote taken by 
  electronic device. Deschler-Brown Ch 30 Sec. 31.6. The recapitulation 
  of such votes is refused because all Members may determine whether 
  they were correctly recorded by examining the electronic display panel 
  over the Speaker's rostrum and because, even if the display panel is 
  inoperative, individual votes and vote totals may be verified through 
  the voting and monitoring stations. Deschler-Brown Ch 30 Sec. 31.7.
      Record votes that do not involve the use of the electronic voting 
  system are subject to recapitulation at the discretion of the Speaker, 
  either before or after the announcement of the result. Manual 
  Sec. 1015; 5 Hinds Sec. Sec. 6049, 6050; 8 Cannon Sec. Sec. 3125, 
  3128; Deschler-Brown Ch 30 Sec. Sec. 28.2, 28.4.


  Sec. 27 . Personal Explanations

      A Member, having been absent for a record vote, may announce how 
  he would have voted had he been present. Deschler-Brown Ch 30 
  Sec. 41.1.

      Member: Mr. Speaker, on roll call 125, I was unavoidably detained 
    as a result of ________________________. Had I been present I would 
    have voted ``aye.'' I ask unanimous consent that this statement 
    appear in the Congressional Record following the announcement of the 
    vote.


[[Page 935]]



      Alternatively, a Member may submit a signed statement through the 
  cloakroom for printing in the Congressional Record without personally 
  announcing his intent. The explanation will appear in the Record 
  immediately following the missed vote if the explanation is received 
  the day of the vote. If the explanation is submitted through the 
  cloakroom rather than announced on the floor, the explanation will 
  appear in distinctive type.
      Neither the rules nor the practice of the House permit a Member to 
  announce after a record vote how absent colleagues would have voted if 
  present. 6 Cannon Sec. 200.
      If the Member's explanation alleges that he was present but not 
  recorded, the Chair does not pass judgment on the Member's explanation 
  by entertaining the request. Deschler-Brown Ch 30 Sec. 38.1.


                  H. Majority Votes; Super-majority Votes


  Sec. 28 . In General; Tie Votes

      ``The voice of the majority decides . . . where not otherwise 
  expressly provided,'' wrote Jefferson, expressing a fundamental 
  precept of parliamentary law. Manual Sec. 508. Most business that 
  comes before the House is decided by a majority vote, and, under rule 
  XIV clause 6, all questions relating to the priority of business are 
  decided by a majority. Manual Sec. 884. Under rule XX clause 1(c), a 
  rule in effect since the First Congress, if the vote on a proposition 
  is a tie, the proposition is defeated. Manual Sec. 1013; 5 Hinds 
  Sec. Sec. 5926, 5964.

                             Two-thirds Votes

      Under the Constitution or by House rule, a two-thirds vote is 
  expressly required in the House on:

     Amendment to the Constitution. U.S. Const. art. V; Manual 
         Sec. 190.
     Passage of a bill over a veto. U.S. Const. art. I Sec. 7; 
         Manual Sec. 104.
     Dispensing with Calendar Wednesday. Rule XV clause 7; Manual 
         Sec. 900.
     Dispensing with the call of the Private Calendar. Rule XV 
         clause 5; Manual Sec. 895.
     Same-day consideration of reports from the Committee on Rules. 
         Rule XIII clause 6; Manual Sec. 857.
     Suspension of the rules. Rule XV clause 1; Manual Sec. 885.
     Expulsion of a Member. U.S. Const. art. I Sec. 5; Manual 
         Sec. 62.
     Removal of political disabilities. U.S. Const. Amendment XIV 
         Sec. 3; Manual Sec. 230.

      A two-thirds vote means two-thirds of those voting, a quorum being 
  present, and not two-thirds of the entire membership. Deschler-Brown 
  Ch

[[Page 936]]

  30 Sec. 5. 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. 
  Deschler-Brown Ch 30 Sec. 5.2. This method of computing a two-thirds 
  vote has been 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 votes on a motion to suspend the rules (Deschler-Brown Ch 30 
  Sec. 5.2).

                            Three-fifths Votes

      Under rule XXI clause 5(b), an income tax rate increase can be 
  passed or adopted only by a vote of not less than three-fifths of the 
  Members voting.
      Under rule XV clause 6(c), a bill called up from the Corrections 
  Calendar also requires a three-fifths vote for passage.


[[Page 937]]

 
                          CHAPTER 59 - WITHDRAWAL

                              HOUSE PRACTICE

  Sec. 1. In General
  Sec. 2. Decisions That Prevent Withdrawal
  Sec. 3. Right to Modify Derived from Right to Withdraw
  Sec. 4. Points of Order
  Sec. 5. Requests for Record Votes
        Research References
          5 Hinds Sec. Sec. 5347-5358
          Deschler Ch 23 Sec. Sec. 2, 36, 43; Deschler Ch 27 Sec. 20
          Manual Sec. Sec. 902, 904, 905, 922, 925, 978


  Sec. 1 . In General

                          Withdrawal of a Motion

      Rule XVI clause 2 states that a motion, once entertained, may be 
  withdrawn at any time before a decision is made thereon or an 
  amendment thereto. Manual Sec. 904. A motion may be withdrawn although 
  an amendment has been offered to it and is pending. 5 Hinds Sec. 5347; 
  6 Cannon Sec. 373; 8 Cannon Sec. 2639.
      Examples of motions that may be withdrawn under the rule include:

     A motion to suspend the rules. Manual Sec. 905.
     A motion that the House resolve into the Committee of the 
         Whole for the consideration of a bill. Manual Sec. 905.
     A motion to instruct conferees. Manual Sec. 905.
     A motion to dispose of an amendment reported from conference 
         in disagreement. See, E.g., Deschler-Brown Ch 32 Sec. 10.30.

      A motion that the House resolve into the Committee of the Whole 
  for the consideration of a bill may be withdrawn pending a point of 
  order against consideration of the bill. If the motion is withdrawn, 
  the Chair is not obligated to rule on the point of order. Manual 
  Sec. 905; 8 Cannon Sec. 3405.
      The proponent of a motion to dispose of an amendment reported in 
  disagreement, having withdrawn the motion, may change the amendment 
  included in the motion and offer it again in its modified form. 
  Deschler-Brown Ch 32 Sec. 8.3.
      A motion may be withdrawn in the Committee of the Whole only by 
  unanimous consent. Deschler Ch 23 Sec. 2.10.

[[Page 938]]

      Unanimous consent is not required to withdraw a pending unanimous-
  consent request. Manual Sec. 905.

                          Withdrawal of a Measure

      Under rule XVI clause 2, a resolution, including, a privileged 
  resolution, may be withdrawn at any time before a decision is made 
  thereon or an amendment thereto. For example, where the Speaker has 
  put the question on adoption of a resolution to a voice vote without 
  the ordering of the previous question, and the yeas and nays have not 
  been ordered, the resolution may be withdrawn. Manual Sec. 905. If the 
  resolution is called up in the House again, the Member calling up the 
  resolution is recognized for one hour, notwithstanding the fact that 
  the resolution previously has been considered, debated, and then 
  withdrawn before action is taken thereon. Manual Sec. 905. Withdrawal 
  of a pending resolution is not in order when the absence of a quorum 
  has been announced by the Chair. Manual Sec. 905.
      A conference report called up for consideration in the House may 
  be withdrawn from consideration at any time before action is taken 
  thereon. Deschler-Brown Ch 33 Sec. 20.9.

                        Withdrawal of an Amendment

      An amendment may be withdrawn in the House at any time before an 
  amendment is adopted thereto or a decision is had thereon. 5 Hinds 
  Sec. 5753; 6 Cannon Sec. 587; 8 Cannon Sec. 2332. The same right to 
  withdraw an amendment exists in the forum known as ``the House as in 
  the Committee of the Whole.'' 4 Hinds Sec. 4935. Therefore, that right 
  exists in standing committees where general procedures of that forum 
  apply. Manual Sec. 427.
      Under rule XVIII clause 5, unanimous consent is required to 
  withdraw an amendment in Committee of the Whole, unless withdrawal 
  authority was conferred by the House. Manual Sec. 905; 5 Hinds 
  Sec. 5221; 6 Cannon Sec. 570; 8 Cannon Sec. Sec. 2465, 2859, 3405. 
  However, unanimous consent is not required to withdraw an amendment 
  that is at the Clerk's desk but that has not been offered by the 
  Member. Deschler Ch 27 Sec. 20.5.
      Where a substitute amendment is withdrawn by unanimous consent, an 
  amendment to the substitute also is withdrawn. Deschler Ch 27 
  Sec. 20.9. The withdrawal of an amendment by unanimous consent does 
  not preclude its being reoffered at the same stage of the proceedings, 
  and unanimous consent is not required to reoffer the amendment if 
  otherwise in order. Deschler Ch 27 Sec. 20.10.
      The Chairman of the Committee of the Whole will entertain a 
  unanimous-consent request to withdraw an amendment even when a point 
  of

[[Page 939]]

  order is pending against the amendment or against a substitute 
  therefor. Deschler Ch 27 Sec. Sec. 20.6, 20.7.


  Sec. 2 . Decisions That Prevent Withdrawal

      A decision that prevents withdrawal may consist of the following:

     The ordering of the yeas and nays, either directly on the 
         motion or on a motion to lay it on the table. 5 Hinds 
         Sec. Sec. 5353, 5354.
     The ordering of the previous question, or the demand therefor. 
         Manual Sec. 905; 5 Hinds Sec. Sec. 5355, 5489.
     The refusal to lay on the table. 5 Hinds Sec. Sec. 5351, 5352; 
         8 Cannon Sec. 2640.

      Where the Chair postpones a voice vote under rule XX clause 8 when 
  an objection has been made for lack of a quorum, and that question 
  comes up later as postponed unfinished business, the proponent 
  unilaterally may withdraw it, because it becomes a question de novo. 
  Manual Sec. 905; see e.g., 101-1, July 24, 1989, pp 15794, 15818.


  Sec. 3 . Right to Modify Derived from Right to Withdraw

      As a general principle, modifications to a pending motion, if in 
  order at all, must be approved by the House. There is one narrow 
  exception to this principle. A Member having the right to withdraw a 
  motion before a decision is made thereon, and immediately thereafter 
  reoffer it, has the resulting right to modify the motion without 
  approval of the House. Manual Sec. 905; 5 Hinds Sec. 5358.
      For example, a Member having the right to withdraw a motion to 
  instruct conferees before a decision is made thereon, and the right to 
  offer a different motion at the same stage of proceedings (one not 
  subject to notice requirements), has the resulting power to modify the 
  motion. Manual Sec. 905. Similarly, a Member having the right to 
  withdraw a resolution offered as a question of privilege, and the 
  right to offer a different resolution as a question of privilege 
  immediately thereafter (one not subject to notice requirements), has 
  the resulting power to modify the resolution without the concurrence 
  of the House. Deschler Ch 23 Sec. 1.
      In most cases, however, the right of withdrawal and resubmission 
  in a modified form does not exist. A resolution, if a privileged 
  report, may not be modified except by direction of the reporting 
  committee or with concurrence of the House. In the case of a 
  nonprivileged motion, the proponent may not be guaranteed the right to 
  immediately reoffer the motion, especially where it is a secondary 
  motion under rule XVI clause 4. Thus, although an amendment to a 
  motion pending in the House may be withdrawn by the Member offering 
  the amendment before it is acted upon, he is not

[[Page 940]]

  guaranteed the right to reoffer that amendment, and therefore he does 
  not have the right to modify the amendment without the consent of the 
  House. Deschler Ch 23 Sec. 1.
      Other secondary motions specified under rule XVI clause 4, such as 
  the motions to lay on the table, for the previous question, to 
  postpone to a day certain, to refer, and to postpone indefinitely, may 
  be withdrawn before action is taken thereon but may not be modified 
  without the consent of the House. The motion that when the House 
  adjourns it adjourn to a day and time certain is in order only at the 
  Speaker's discretion and is therefore subject to modification by the 
  offeror only with the consent of the House. Deschler Ch 23 Sec. 1.
      In the Committee of the Whole, amendments may be withdrawn only by 
  unanimous consent, so the doctrine of unilateral modification is never 
  applicable in that forum.
      Pursuant to a unanimous consent request offered by the manager of 
  the pending motion, the House may modify a suspension motion during 
  its consideration or after the vote has been postponed de novo under 
  rule XX clause 8. See, e.g., 102-2, July 2, 1992, p 17220; 103-2, Oct. 
  3, 1994, p 27364. In the alternative, the manager may withdraw the 
  motion; and the Speaker may recognize him to reoffer the motion in a 
  modified form, in which case the debate on the motion begins anew. 
  Deschler Ch 21 Sec. 14.3.


  Sec. 4 . Points of Order

                                 Generally

      A motion may be withdrawn pending a point of order against its 
  consideration. If the motion is withdrawn, the Chair is not obligated 
  to rule on any point of order raised against it. Manual Sec. 905; 8 
  Cannon Sec. 3405. Similarly, a motion that the House resolve into the 
  Committee of the Whole for the consideration of a bill may be 
  withdrawn pending a point of order against consideration of the bill. 
  Manual Sec. 905.
      A motion may be withdrawn even after the previous question has 
  been ordered on an appeal from a decision on a point of order against 
  the motion. Furthermore, the motion being withdrawn, all proceedings 
  on the appeal fall thereby. 5 Hinds Sec. 5356.
      The Chairman of the Committee of the Whole may recognize for a 
  unanimous-consent request to withdraw an amendment before ruling on a 
  point of order. Deschler Ch 27 Sec. 20.6.

[[Page 941]]

                     Point of Order for Lack of Quorum

      When a point of order of no quorum is made, the point may be 
  withdrawn until announcement of the absence of a quorum, after which 
  the point of order may not be withdrawn even by unanimous consent. 
  Deschler Ch 20 Sec. 18. Objection to a voice vote for lack of a quorum 
  having been withdrawn, and demand for a division having been made, an 
  objection to the division vote for lack of a quorum is in order. If a 
  quorum is not present, the yeas and nays are automatic. Deschler Ch 20 
  Sec. 18.4.
      Withdrawal of a pending resolution is not in order when the 
  absence of a quorum has been announced by the Chair. Manual Sec. 905.

                Withdrawal of Reservation of Point of Order

      The reservation of a point of order by one Member inures to all. 
  However, 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 a further reservation comes too late after there has 
  been debate. Deschler-Brown Ch 31 Sec. 3.14.

                             Words Taken Down

      When a demand is made that certain words used in debate be taken 
  down, such words may be withdrawn by unanimous consent in the House or 
  in the Committee of the Whole. Deschler-Brown Ch 29 Sec. Sec. 51.1, 
  51.2. The Speaker may suggest that a Member who had uttered 
  unparliamentary words request unanimous consent to withdraw them. 
  Deschler-Brown Ch 29 Sec. 51.11. No debate is in order pending a 
  request to withdraw unparliamentary words. Deschler-Brown Ch 29 
  Sec. 51.8. Like any other point of order, withdrawal of the demand 
  that words be taken down does not require unanimous consent.


  Sec. 5 . Requests for Record Votes

      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. Deschler-Brown Ch 30 Sec. 33.20. Where a demand for a 
  recorded vote is pending, it may be withdrawn by the maker, but it is 
  not in order to condition its withdrawal on a modification in the 
  motion on which the vote is being taken. Deschler-Brown Ch 30 
  Sec. 33.23. Although a demand for the yeas and nays, once supported by 
  one-fifth of those present, cannot be withdrawn, the House may, by 
  unanimous consent, vacate the proceedings and take the vote de novo. 
  Deschler-Brown Ch 30 Sec. 33.24. In one instance a Member who demanded 
  a recorded vote asked unanimous consent

[[Page 942]]

  to withdraw his demand when, the recorded vote being under way, the 
  electronic system failed. Deschler-Brown Ch 30 Sec. 33.22.
                             HOUSE PRACTICE


[[Page 943]]

 
                                  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

  Alternate departure dates, ch 1 Sec. 10
  August recess--
    concurrent resolution adopted by roll call vote in each House, ch 1 
        Sec. 12
    Legislative Reorganization Act, provisions of, ch 1 Sec. 12
    waiver of provisions of Legislative Reorganization Act, ch 1 Sec. 12
  Budget Act provisions relating to completion of action on 
      appropriation bills and reconciliation legislation, effect of, ch 
      1 Sec. 11
  Concurrent resolution--
    amendment to, ch 1 Sec. 10
    Budget Act provisions relating to completion of action on 
        appropriations bills and reconciliation legislation, effect of 
        noncompliance with, on status of resolution, ch 1 Sec. 11
    privileged, status as, and factors affecting privilege, ch 1 Sec. 11
    privileged status of Senate amendments, ch 1 Sec. 11
    sine die, adjournment, ch 1 Sec. Sec. 1, 13
    three days, adjournment of more than, ch 1 Sec. Sec. 1, 10
  Conditions attached to adjournment, ch 1 Sec. 10
  Constitution and House rules govern procedures in House, ch 1 Sec. 1
  Day and time to which House shall adjourn, motion to fix--
    amendment, not subject to, ch 1 Sec. 6
    debatable, motion not, ch 1 Sec. 6
    quorum required for, ch 1 Sec. 8
    privilege, equal in, to simple motion to adjourn, ch 1 Sec. 3
    separate from simple motion to adjourn, ch 1 Sec. Sec. 3, 6
  Disagreement between Houses as to period of adjournment, effect of, ch 
      1 Sec. 10
  Emergency reconvening, ch 1 Sec. 1; ch 5 Sec. 2; ch 45 Sec. 3
  Legislative days and calendar days distinguished, ch 1 Sec. 2
  Legislative Reorganization Act, provisions of, relating to adjournment 
      or August recess, ch 1 Sec. 12
  Motion--
    amendment, not subject to, ch 1 Sec. 6
    argument not to be included, ch 1 Sec. 2
    automatic roll call, demand for, affirmative or negative vote on 
        motion as affecting propriety of, ch 1 Sec. 8
    Committee of the Whole, not in order in, ch 1 Sec. 4
    Committee of the Whole, rising of, unavailability of motion 
        following specified instances of, ch 1 Sec. 4
    Committee of the Whole, unavailability of motion following vote to 
        go into, ch 1 Sec. 4
    conditions not to be imposed, ch 1 Sec. 2
    debatable, simple motion is not, ch 1 Sec. 6
    debate, motion may not interrupt Member holding floor in, ch 1 
        Sec. Sec. 3, 5
    dilatory, when motion is, ch 1 Sec. 9
    form, ch 1 Sec. 2
    House meeting as in Committee of the Whole, motion permitted in, ch 
        1 Sec. 4
    Majority Leader or designee, motion usually offered by, ch 1 Sec. 5

[[Page 944]]

    parliamentary inquiry, motion not in order where Member has been 
        yielded to or recognized for, ch 1 Sec. Sec. 3, 5
    precedence of motion over particular motions or items of business, 
        ch 1 Sec. 3
    privilege of motion, ch 1 Sec. 3
    quorum, effect of absence of, where vote on adjournment is decided 
        in negative, ch 1 Sec. 8
    quorum, motion in order pending point of order based on absence of, 
        until Clerk has commenced to call the roll, ch 1 Sec. 8
    quorum not required for agreement to, ch 1 Sec. 8
    recognition to offer, ch 1 Sec. 5
    reconvening, change in time of, not a part of motion to adjourn, ch 
        1 Sec. 2
    rejection of motion, proceedings following, ch 1 Sec. Sec. 8, 9
    repetition of motion, conditions for, ch 1 Sec. Sec. 3, 9
    second motion, conditions for permitting, ch 1 Sec. Sec. 3, 9
    three days or less, adjournment of, by motion, ch 1 Sec. Sec. 1, 2
    time for making of, ch 1 Sec. 3
    times at which motion not permitted, ch 1 Sec. Sec. 3, 4
    vote by yeas and nays, demand for, ch 1 Sec. 8
    voting in House, timing of motion in relation to stages of, ch 1 
        Sec. 3
    voting on motion, ch 1 Sec. 7
  Optional departure dates, ch 1 Sec. 10
  Recall, joint leadership, ch 1 Sec. Sec. 10, 13
  Recall of one or both Houses, provision for, ch 1 Sec. Sec. 10, 13
  Recess distinguished from, ch 1 Sec. 1
  Senate and House consent required for certain, ch 1 Sec. Sec. 1, 2, 10
  Sine die adjournment--
    Committee on Rules, jurisdiction of, ch 1 Sec. 13
    concurrent resolution, by, ch 1 Sec. Sec. 1, 13
    debatable, resolution not, ch 1 Sec. 13
    form of resolution, ch 1 Sec. 13
    jurisdiction of Committee on Rules, ch 1 Sec. 13
    Legislative Reorganization Act, waiver of provisions of, relating 
        to, ch 1 Sec. 12
    Majority Leader, resolution usually offered by, ch 1 Sec. 13
    motion pursuant to concurrent resolution offered by Majority Leader 
        or designee, ch 1 Sec. 14
    President, committee to notify, of intention of House to adjourn, ch 
        1 Sec. 13
    privileged, resolution as, ch 1 Sec. 13
    procedure at time of adjournment, ch 1 Sec. 14
    quorum not required for adjournment where Houses have adopted 
        resolution that day, ch 1 Sec. 14
    quorum required for adoption of resolution, ch 1 Sec. 13
    rescission or recall of resolution, ch 1 Sec. 13
    Senate and House, consent of, ch 1 Sec. 1
    waiver of provisions of Legislative Reorganization Act relating to, 
        ch 1 Sec. 12
  ThreeT days, adjournment of more than--
    calculation of three-day period, ch 1 Sec. 10
    concurrent resolution, ch 1 Sec. Sec. 1, 10
    Senate and House, consent of, ch 1 Sec. Sec. 1, 2, 10
  Unanimous consent--
    Chair may declare House adjourned by, when no Member is available, 
        ch 1 Sec. 5
    three days or less, adjournment of, form of request for, ch 1 Sec. 2

[[Page 945]]

  Unfinished business at, see UNFINISHED BUSINESS
  Voting on motion or resolution, ch 1 Sec. Sec. 7, 8, 10, 12

                               AMENDMENTS

  Adoption of amendment as precluding certain motions to strike--
    insert provision, adoption of amendment to, does not preclude motion 
        to strike larger portion of text including provision, ch 2 
        Sec. 39
    portion of text, adoption of amendment to, does not preclude vote on 
        motion to strike entire text, ch 2 Sec. 39
  Adoption of amendment as precluding further changes in text amended--
    identical in substance and scope to amendment previously agreed to, 
        subsequent amendment ruled out where, ch 2 Sec. Sec. 6, 38, 40, 
        44
    monetary figures agreed to may not be directly changed although 
        ``fetchback'' amendment to later paragraph may change amounts, 
        ch 2 Sec. 42
    monetary figures in adopted amendments changed by language 
        ``increased by'' or ``decreased by,'' ch 2 Sec. 42
    perfected text cannot be further amended, ch 2 Sec. 38
    special rule may permit amendments changing portions of amendments 
        already agreed to, ch 2 Sec. 38
    strike all after first word and insert new provision, adoption of 
        motion to, precludes amendment to inserted language, ch 2 
        Sec. 40
    strike and insert, adoption of motion to, effect of, ch 2 Sec. 40
    substitute, adoption of amendment in nature of, ends amendment 
        stage, ch 2 Sec. 41
    text, different or more comprehensive portion of, subsequent 
        amendments may affect, ch 2 Sec. Sec. 38, 40, 42
    unanimous consent, changes permitted by, ch 2 Sec. 43
    vacating proceedings by which amendment adopted, ch 2 Sec. 43
  Adoption of motion to strike, effect of--
    perfecting amendments to stricken section vitiated, ch 2 Sec. 40
    perfecting amendment to stricken language not in order, ch 2 Sec. 40
  Appropriation bills, amendments to, see APPROPRIATION BILLS
  Committee amendments, consideration of, ch 2 Sec. Sec. 17, 29
  Congressional Record, special rule permitting only amendments as 
      printed in, see SPECIAL RULES
  Consistency with previously adopted amendment, lack of, does not give 
      rise to point of order against subsequent amendment, ch 2 Sec. 38
  Contradicting substance of amendment previously adopted, amendment as, 
      ch 2 Sec. 38
  Copies of amendments transmitted to majority and minority tables, ch 2 
      Sec. 1
  Debate on--
    precedence of ten minutes debate on amendment over motion to amend 
        amendment, ch 2 Sec. 9
  Debate time, offering amendments after expiration of, ch 2 Sec. 26
  Degrees of amendment--
    generally, ch 2 Sec. Sec. 1, 13, 14
    pro forma amendment, point of order against, as constituting 
        amendment in third degree, ch 2 Sec. 14
    second degree permitted, ch 2 Sec. 1

[[Page 946]]

    Senate amendments, see SENATE AMENDMENTS
    text, amendment in nature of substitute may be considered as 
        original, for purpose of amendment, ch 2 Sec. Sec. 13, 14
    third degree, amendments in, not in order in absence of special 
        rule, ch 2 Sec. Sec. 1, 13, 14
  Division of the question, see DIVISION OF THE QUESTION FOR VOTING
  Enacting clause, motion to strike--
    precedence over motion to amend, ch 2 Sec. Sec. 5, 9, 21
    rejection of bill, motion used for, ch 2 Sec. Sec. 5, 21
    rejection of motion, effect of, ch 2 Sec. 9
  En bloc amendments--
    divisibility of, in House, ch 2 Sec. 30
    House, consideration in, of amendments reported from Committee of 
        the Whole, ch 2 Sec. 45
    points of order against, ch 2 Sec. 30
    reading, amendments affecting portion of bill not reached in, 
        offered by unanimous consent, ch 2 Sec. 17
    rejection of, does not preclude reoffering separately, ch 2 Sec. 44
    special rule, consideration en bloc pursuant to, see SPECIAL RULES
    unanimous consent, consideration en bloc by, ch 2 Sec. 30
  ``Fetch-back'' amendments--
    (see also APPROPRIATION BILLS)
    germane, must be, ch 2 Sec. 42
    increasing amount in prior paragraph, amendment, must have 
        authorization, ch 2 Sec. 42
    previous paragraphs, change amounts in, ch 2 Sec. 42
  ``First amendment adopted'' special rule, consideration of amendments 
      in the nature of a substitute under, ch 2 Sec. 30
  Forms of amendment, generally, ch 2 Sec. 1
  Germaneness of, see GERMANENESS OF AMENDMENTS
  House, amendments reported to, after adoption in Committee of the 
  Whole--
    perfected form, reported in, ch 2 Sec. 45
    perfecting amendments to section of bill not ordinarily reported 
        where section subsequently stricken, ch 2 Sec. 45
    separate consideration in House of all amendments adopted may be 
        permitted by special rule, ch 2 Sec. 45
  House consideration of amendments reported from Committee of the 
  Whole--
    amendment, amendments reported as subject to, ch 2 Sec. 45
    en bloc amendments, ch 2 Sec. 45
    inconsistencies, voted on notwithstanding, ch 2 Sec. 45
    order of consideration where separate votes demanded, ch 2 Sec. 45
    recommit with instructions, motion to, see RECOMMIT WITH 
        INSTRUCTIONS, MOTION TO
    rejection of amendment, original text of bill is before House after, 
        ch 2 Sec. 46
    rejection of motion to strike, effect of, ch 2 Sec. 46
    separate vote may be demanded only on first-degree amendments in 
        absence of special rule, ch 2 Sec. 45
    strike, motion to, effect of rejection of, ch 2 Sec. 46
    voted on, all amendments are, ch 2 Sec. 45
  Insert, motion to--
    reinsert stricken language, not in order to, ch 2 Sec. 3

[[Page 947]]

    strike, motion to, may be pending at same time, ch 2 Sec. 3
    vote on motion to insert taken before vote on motion to strike, ch 2 
        Sec. 3
  Instructions to Clerk as to portion of text sought to be amended, ch 2 
      Sec. 1
  ``King of the Hill'' special rule, ch 2 Sec. 30; ch 52 Sec. 6
  Modification of amendment by proponent by unanimous consent, ch 2 
      Sec. Sec. 1, 12, 37
  Modification of amendment that has been made in order by special rule, 
      ch 2 Sec. 37
  Motions that have precedence over motion to amend, ch 2 Sec. 9
  Motions that may be amended, ch 2 Sec. 10
  Motions that may not be amended, ch 2 Sec. 10
  Negating proposition previously adopted, amendment as, ch 2 Sec. 38
  Numbering amendments printed in Record, ch 2 Sec. 27
  Order of consideration in Committee of the Whole, changing, not 
      permitted if requiring material modification of special rule, see 
      SPECIAL RULES
  Offering amendments--
    amendment to amendment must be offered before vote on underlying 
        amendment, ch 2 Sec. 28
    number and form of permissible amendments, ch 2 Sec. Sec. 13, 14
    order of, ch 2 Sec. Sec. 1, 13, 21
    recognition, priorities in, ch 2 Sec. 20
    substitute, amendment in nature of, ch 2 Sec. Sec. 7, 19
  Order of offering amendments--
    generally, ch 2 Sec. Sec. 1, 13, 21
  Order of voting on amendments--
    generally, ch 2 Sec. Sec. 1, 28
    committee amendments, ch 2 Sec. 28
    insert, motion to, voted on before motion to strike, ch 2 Sec. 3
    new sections, amendments proposing to insert, considered after 
        perfecting amendments to a section, ch 2 Sec. 31
    perfecting amendments, no degrees of preference among, ch 2 Sec. 31
    perfecting amendments voted on before motion to strike, ch 2 
        Sec. Sec. 2-5, 21, 22, 31
    special rule, as affected by, ch 2 Sec. 28
    substitute, amendment in nature of, voted on after perfecting 
        amendments to original text, ch 2 Sec. 32
    substitute, immediate vote on amendment in nature of, after adoption 
        of substitute therefor, ch 2 Sec. 32
  Pending amendments, number and form of, permitted, ch 2 Sec. Sec. 13, 
      14
  Perfecting amendments--
    adoption of, effect of, ch 2 Sec. Sec. 38, 39
    amendment to amendment, ch 2 Sec. Sec. 1, 2, 13
    insert, motion to, ch 2 Sec. Sec. 2, 3
    strike and insert, motion to, ch 2 Sec. Sec. 2, 4, 23
    text, amendment to, ch 2 Sec. Sec. 1, 2, 13, 21
  Points of order against, see, generally, POINTS OF ORDER (see also 
      specific topics, e.g., GERMANENESS OF AMENDMENTS)
  Preambles, amendments to--
    joint resolutions, preambles of, ch 2 Sec. 48
    resolutions, simple or concurrent, preambles of, ch 2 Sec. 48
  Precedence of motion to amend, ch 2 Sec. 9
  Previous question, ordering, on pending measure or amendment thereto, 
      see PREVIOUS QUESTION
  Previous question, precedence of, over motion to amend, ch 2 Sec. 9

[[Page 948]]

  Pro forma amendments, see DEBATE
  Proponent of pending amendment may offer amendment to substitute 
      therefor, ch 2 Sec. 37
  Reading amendments--
    dispensing with reading by unanimous consent, motion, or special 
        rule, ch 2 Sec. 27
    rereading amendments, ch 2 Sec. 27
    substitute, amendment in nature of, ch 2 Sec. 27
  Reading bill for amendment--
    appropriation bills, general, see APPROPRIATION BILLS
    Clerk ordinarily reads by sections or paragraphs in sequence in 
        absence of rule or agreement to contrary, ch 2 Sec. 15
    committee amendments considered when appropriate section read, ch 2 
        Sec. 17
    dispensing with reading, ch 2 Sec. 15
    en bloc amendments affecting subsequent portion offered by unanimous 
        consent, ch 2 Sec. 17
    en bloc amendments to appropriations bill, rule governing, ch 2 
        Sec. 17
    general debate, amendments not in order in Committee of the Whole 
        until after closing of, ch 2 Sec. 15
    new section, amendment offered as, ch 2 Sec. 16
    offering amendments at proper point in the reading, ch 2 Sec. 15
    open to amendment, bill considered as read and, by unanimous consent 
        or special order, ch 2 Sec. 18
    paragraphs or sections in sequence, Clerk ordinarily reads by, in 
        absence of rule or agreement to contrary, ch 2 Sec. 15
    passed in reading, text, amendments to, ch 2 Sec. 16
    reread portion of bill, Chair has directed Clerk to, ch 2 Sec. 16
    sections or paragraphs in sequence, Clerk ordinarily reads by, in 
        absence of rule or agreement to contrary, ch 2 Sec. 15
    timeliness, point of order as to, does not lie where Member offering 
        amendment was seeking recognition in time, ch 2 Sec. 16
  Record, Congressional, special rule permitting only amendments as 
      printed in, see SPECIAL RULES
  Recognition to offer--
    Chair, discretion of, ch 2 Sec. 20
    Chair, recognition rests with, ch 2 Sec. 20
    committee amendments considered before amendments offered from 
        floor, ch 2 Sec. Sec. 20, 29
    discretion of Chair, ch 2 Sec. 20
    priorities in recognition, ch 2 Sec. 20
    requirement of, ch 2 Sec. 20
  Rejection of amendment, effect of previous consideration--
    different language, amendment raising same question by, may be in 
        order, ch 2 Sec. 44
    en bloc amendments, rejection of, does not preclude reoffering 
        separately, ch 2 Sec. 44
    form, amendment in different, may be in order, ch 2 Sec. 44
    identical amendment not in order, ch 2 Sec. 44
    monetary figure, rejection of change in, does not preclude further 
        amendment, ch 2 Sec. 44
    portion of rejected amendment may be offered as separate amendment, 
        ch 2 Sec. 44
    similar but not identical amendment may be in order, ch 2 Sec. 44
    substitute amendment, rejection of, does not preclude offering 
        substance as separate amendment, ch 2 Sec. 44

[[Page 949]]

  Reoffering amendment in different form after it has failed of 
      approval, ch 2 Sec. Sec. 6, 24
  Senate amendments, see SENATE AMENDMENTS
  Senate measures, House amendments to, see SENATE MEASURES, HOUSE 
      AMENDMENTS TO
  Special rule authorizing proponent or designee to offer amendment, see 
      SPECIAL RULES
  Self-executing amendments, see SPECIAL RULES
  Stages of amendment, ch 2 Sec. Sec. 13, 14
  Strike and insert, motion to--
    divisible, not, ch 2 Sec. Sec. 4, 22, 23
    perfecting amendment, considered as, ch 2 Sec. Sec. 4, 23
    strike, effect of pending or subsequent motion to, ch 2 Sec. Sec. 4, 
        5
    voted on before motion to strike, ch 2 Sec. Sec. 4, 23, 31
  Strike, motion to--
    adoption of amendment inserting provision does not preclude motion 
        to strike larger portion of text including provision, ch 2 
        Sec. 39
    adoption of amendment to portion of text does not preclude vote on 
        motion to strike entire text, ch 2 Sec. 39
    adoption of, effect of, ch 2 Sec. Sec. 5, 40
    defeat of, effect of, ch 2 Sec. Sec. 21, 44
    insert, motion to, may be pending at same time, ch 2 Sec. 3
    perfecting amendment may be pending at same time. ch 2 Sec. Sec. 2, 
        3, 13, 14, 21
    perfecting amendments to section vitiated by adoption of motion to 
        strike section, ch 2 Sec. 40
    perfecting amendments voted on before motion to strike, ch 2 
        Sec. Sec. 2-5, 21, 31
    previously adopted amendment, not in order to strike, ch 2 Sec. 39
    reinsert stricken language, not in order to, ch 2 Sec. 3
    rejection, effect of, ch 2 Sec. Sec. 21, 44
    rejection of, does not preclude motion to strike same language and 
        insert new provision, ch 2 Sec. 44
    strike and insert, adoption of motion to, precludes vote on motion 
        to strike affected portion, ch 2 Sec. 40
    substitute for, not in order, ch 2 Sec. 6
    substitute for perfecting amendment, not in order as, ch 2 
        Sec. Sec. 6, 22, 23
  Substitute amendments--
    generally, ch 2 Sec. Sec. 1, 13, 14, 24
    amendment in nature of substitute, distinguished from, ch 2 Sec. 7
    amendment in nature of substitute, substitute for, in order, ch 2 
        Sec. Sec. 24, 32
    amendments to, number of, permitted to be pending, ch 2 
        Sec. Sec. 13, 14
    germane to pending amendment, must be, ch 2 Sec. 6
    identical to original text sought to be changed, language may not 
        be, ch 2 Sec. 6
    proponent of amendment may not offer substitute therefor, ch 2 
        Sec. 6
    reoffering substitute amendment after defeat is not permitted except 
        in form presenting question not previously voted on, ch 2 
        Sec. 24
    strike, substitute for motion to, not in order, ch 2 Sec. Sec. 6, 23
    text, original, not a substitute for, ch 2 Sec. 24
  Substitute, amendments in nature of--
    adoption, effect of, ch 2 Sec. 7
    amendments permitted while amendment in nature of substitute 
        pending, ch 2 Sec. 13
    committee amendments adding new sections disposed of prior to 
        offering of, if bill consists only of one section, ch 2 Sec. 19

[[Page 950]]

    ``first amendment adopted'' special rule, ch 2 Sec. 30
    form, ch 2 Sec. 7
    offered after reading of first section or final section of bill, ch 
        2 Sec. Sec. 7, 19
    open to amendment at any point when read in entirety, ch 2 Sec. 27
    original text, sometimes considered as, for purpose of amendment, ch 
        2 Sec. Sec. 13, 14
    original text, procedure when considered as, for purpose of 
        amendment, ch 2 Sec. 27
    perfecting amendments to first section of bill disposed of before 
        amendment in nature of subnstitute offered, ch 2 Sec. 21
     perfecting amendments to original text, effect of adoption of, ch 2 
        Sec. 19
     perfecting amendments to original text may be offered although 
        amendment in nature of substitute pending, ch 2 Sec. 13
    reading of, ch 2 Sec. 27
    scope of, ch 2 Sec. 7
    substitute amendment, distinguished from, ch 2 Sec. 7
    substitute for, ch 2 Sec. 24
    text of entire bill, amendment generally replaces, ch 2 Sec. 7
    voted on after perfecting amendments to original text disposed of, 
        ch 2 Sec. Sec. 7, 13, 32
  Substitute, amendments to--
    generally, ch 2 Sec. Sec. 1, 13, 14
  Text of bill, amendments changing--
    original text, perfecting amendment to, may be offered although 
        amendment in nature of substitute pending, ch 2 Sec. 13
    perfecting amendments, ch 2 Sec. Sec. 1, 2, 13, 21
    strike text, motion to, voted on after perfecting amendments to 
        text, ch 2 Sec. 21
    substitute amendment may not propose language identical to original 
        text, ch 2 Sec. 6
  Title of bill, amendment to--
    Committee of the Whole, not in order in, ch 2 Sec. 48
    passage of bill, not in order until after, ch 2 Sec. 48
  ``Top vote getter'' special rule, reporting amendments to House under, 
      ch 2 Sec. 30
  Unfunded mandates, points of order against amendments containing, see 
      BUDGET PROCESS
  Voting on amendments, order of--
    generally, ch 2 Sec. Sec. 1, 28
    committee amendments, ch 2 Sec. 28
    insert, motion to, voted on before motion to strike, ch 2 Sec. 3
    new sections, amendments proposing to insert, considered after 
        perfecting amendments to a section, ch 2 Sec. 31
    perfecting amendments, no degrees of preference among, ch 2 Sec. 31
    perfecting amendments voted on before motion to strike, ch 2 
        Sec. Sec. 2-5, 21, 22, 31
    special rule, as affected by, ch 2 Sec. 28
    substitute, amendment in nature of, voted on after perfecting 
        amendments to original text, ch 2 Sec. 32
    substitute for amendment voted on after amendments to amendment 
        disposed of, ch 2 Sec. 32
    substitute, immediate vote on amendment in nature of, after adoption 
        of substitute therefor, ch 2 Sec. 32
  Withdrawal of amendment--
    Committee of the Whole, in, ch 2 Sec. 36; ch 59 Sec. 1

[[Page 951]]

    House or House as in Committee of the Whole, in, ch 2 Sec. 36; ch 59 
        Sec. 1
    reoffering amendment after, ch 2 Sec. 36; ch 59 Sec. 1
    unanimous consent required in Committee of the Whole, ch 2 Sec. 36; 
        ch 59 Sec. 1
  Writing, requirement that amendment be in, ch 2 Sec. 1
  Yield for amendment, Member holding floor under five-minute rule may 
      not, ch 2 Sec. 20
  Yielding for amendment in House--
    control of time, effect on, ch 2 Sec. 25
    debate only, amendment may not be offered in time yielded for, ch 2 
        Sec. 25
    permitted, ch 2 Sec. 25

                                 APPEALS

  Adjournment, effect of, ch 3 Sec. 7
  Chair, on rulings of--
    constitutionality of measure assessed by vote on merits, ch 3 Sec. 3
    discretionary authority of Chair, matters within, not subject to 
        appeal, ch 3 Sec. 3
    order, on questions of, ch 3 Sec. 2
    rule, applicable, ch 3 Sec. 2
  Committee of the Whole, appeals in, rarely reported to House, ch 12 
      Sec. 18
  Conferees, appointment of, see CONFEREES OR MANAGERS
  Debate on, ch 3 Sec. Sec. 1, 4
  Dilatory, as, ch 3 Sec. 3
  Division of the question, see DIVISION OF THE QUESTION FOR VOTING
  Motions available during appeal--
    Committee of the Whole, in, ch 3 Sec. 1
    House, in, ch 3 Sec. 1
    limit debate, ch 3 Sec. 1
    previous question, ch 3 Sec. 1
    rise and report, ch 3 Sec. 1
    table, ch 3 Sec. 1
  Order, on questions of, ch 3 Sec. 2
  Origin of right of appeal, ch 3 Sec. 1
  Parliamentary inquiry, response to, not subject to appeal, ch 37 
      Sec. 13
  Points of order, on--
    generally, ch 37 Sec. 12
    Committee of the Whole, Chairman of, appeal of ruling by, ch 37 
        Sec. 12
    discretion of Chair, matters within, ch 37 Sec. 12
  Purpose of right of appeal, ch 3 Sec. 1
  Timeliness of, ch 3 Sec. 3
  Unfinished business, as, ch 3 Sec. 7
  Vote on--
    Chair's vote, ch 3 Sec. 1
    merits of pending question not in issue, ch 3 Sec. 1
    tie vote, effect of, ch 3 Sec. 1
  Withdrawal of, ch 3 Sec. 6; ch 59 Sec. 4

                           APPROPRIATION BILLS

  Administrative expenses of House, ch 4 Sec. 4
  Annual appropriations--
    obligated during fiscal year, funds must be, ch 4 Sec. 9
  Authorization--
    court judgment, appropriation to pay, ch 4 Sec. 12
    defined, ch 4 Sec. Sec. 5, 10
    discretion of official, specific, appropriation as affecting, see 
        LEGISLATION ON APPROPRIATION BILLS
    implied, ch 4 Sec. 12
    incidental expenses as authorized, ch 4 Sec. 12
    increases within authorized limits, ch 4 Sec. 14
    limits, authorized, increases within, ch 4 Sec. 14

[[Page 952]]

    ``necessary, such sums as are,'' authorization allowing, ch 4 
        Sec. 14
    necessity of, generally, ch 4 Sec. Sec. 5, 10
    prior unauthorized appropriations, effect of, ch 4 Sec. 12
    proof, burden of, as to authorization, see APPROPRIATIONS, 
        UNAUTHORIZED
    rulings on appropriations subjected to points of order, see 
        APPROPRIATIONS, UNAUTHORIZED
    sufficiency and modes of authorization, ch 4 Sec. 12
    types and sufficiency of authorization, ch 4 Sec. 12
    unauthorized appropriations, see APPROPRIATIONS, UNAUTHORIZED
  Aviation programs, funding floors for, ch 4 Sec. 59a
  Budget authority to incur obligations, appropriation as providing, ch 
      4 Sec. 3
  Committee of the Whole, consideration in--
    (see also COMMITTEE OF THE WHOLE)
    determining whether bill makes charge on Treasury, ch 4 Sec. 61
    read for amendment by paragraph, general appropriation bills are, ch 
        4 Sec. 63
    required where bill directly or indirectly makes appropriation, ch 4 
        Sec. 61
  Committee reports, see COMMITTEE REPORTS
  Conditions or contingencies, provisions attaching, to appropriations, 
      see below, Limitation on use of funds (see also LEGISLATION ON 
      APPROPRIATION BILLS)
  Constitutional prerogatives of House, see REVENUE LEGISLATION, 
      PREROGATIVE OF HOUSE TO ORIGINATE
  Continuing appropriations--
    consideration pursuant to special rule, unanimous-consent agreement, 
        or motion to suspend rules, ch 4 Sec. 75
    defined, ch 4 Sec. 3
    general appropriation bill, not considered as, ch 4 Sec. 72
    legislation or unauthorized appropriations, rule prohibiting, not 
        applied to continuing appropriations, ch 4 Sec. 72
    privileged, not called up as, ch 4 Sec. 72
  Debate on--
    five-minute rule, general appropriation bills considered under, ch 4 
        Sec. 63
  Enrollment, correction in, see ENROLLMENT
  Expenses, administrative, of House, ch 4 Sec. 4
  Expenses of committees, see COMMITTEES, STANDING
  Fiscal year, defined, ch 4 Sec. 9
  Fiscal year, funds available beyond, must be expressly provided for, 
      ch 4 Sec. Sec. 9, 11
  Floors, funding--
    aviation programs, ch 4 Sec. 59a
    Transportation Equity Act, under, ch 4 Sec. 59a
  General appropriations--
    authorization required, see APPROPRIATIONS, UNAUTHORIZED
    defined, ch 4 Sec. Sec. 3, 6
    Holman rule, reducing amounts in bill under, see LEGISLATION ON 
        APPROPRIATION BILLS
    legislation on appropriation bills, see LEGISLATION ON APPROPRIATION 
        BILLS
    privileged, as, ch 4 Sec. Sec. 3, 61
    read for amendment by paragraph, ch 4 Sec. 63
    reappropriations, see below

[[Page 953]]

    report on bill, filing, ch 4 Sec. 3
    supplemental bill as general bill, ch 4 Sec. 3
  Germaneness of amendments, see GERMANENESS OF AMENDMENTS
  House as in Committee of the Whole, consideration in--
    special order, pursuant to, ch 4 Sec. 61
  House, consideration in, after amendments adopted in Committee of the 
  Whole are reported--
    separate votes on amendments, ch 4 Sec. 63
  Legislation on appropriation bills, see LEGISLATION ON APPROPRIATION 
      BILLS
  Legislative bill, appropriation on, see APPROPRIATION ON LEGISLATIVE 
      BILL
  Limitation on use of funds--
    agency regulations, funds to carry out, ch 4 Sec. 52
    authorized or unauthorized by existing law, discussion of amendments 
        as, ch 4 Sec. Sec. 50, 64
    burden of proof that provision is permissible limitation, ch 4 
        Sec. 50
    condition subsequent, provision that spending cease upon occurrence 
        of, ch 4 Sec. 56
    considered, when amendments in form of limitations may be, ch 4 
        Sec. 50
    construction, strict, of rule permitting, ch 4 Sec. 50
    contingent on future event, appropriation made, ch 4 Sec. 56
    discretion of official, limitation may indirectly curtail, ch 4 
        Sec. 53
    exceptions to valid limitations are in order if they do not add 
        legislative language, ch 4 Sec. 57
    increase in spending, purported limitation which results in, see 
        LEGISLATION ON APPROPRIATION BILLS
    law, interpretation or implementation of, limitation as calling for, 
        ch 4 Sec. 55
    law, State, conditions relating to interpretation of, ch 4 Sec. 57
    legislation, limitation as, see LEGISLATION ON APPROPRIATION BILLS
    ``made known'' to officials, funds made available on condition 
        information be, see LEGISLATION ON APPROPRIATION BILLS
    negative prohibition on use of funds distinguished from affirmative 
        direction to officials, ch 4 Sec. 54
    negative restriction or limitation as permitted, ch 4 Sec. Sec. 34, 
        50, 51
    offered, when amendments may be, ch 4 Sec. Sec. 50, 64
    partial restriction, ch 4 Sec. 52
    policy, limitation may effect change in, ch 4 Sec. 50
    recipients, qualifications of, limitation addressing, ch 4 Sec. 58
    reducing amount in bill, amendment, distinguished from limitation 
        for purpose of rules governing consideration, ch 4 Sec. 64
    regulations, agency, funds to carry out, ch 4 Sec. 52
    retrenchment under Holman rule distinguished from, see LEGISLATION 
        ON APPROPRIATION BILLS
    revenue measure, determining whether ``limitation'' constitutes, ch 
        4 Sec. 50
    rulings, illustrative, permitting limitations on particular uses, ch 
        4 Sec. 52

[[Page 954]]

    tax or tariff measure, determining whether ``limitation'' 
        constitutes, ch 4 Sec. 50
    tests to determine whether provision constitutes permissible 
        limitation, ch 4 Sec. 50
    total expenditutres, ceiling on, ch 4 Sec. 51
    transportation obligation limitations, ch 4 Sec. 52
  Monetary figures agreed to, changes in--
    ``Fetchback'' amendments changing amounts in previous paragraphs, ch 
        2 Sec. 42
    specific sum in amendment previously adopted may not be directly 
        amended, ch 2 Sec. 42
    unanimous consent, changing figures by, ch 2 Sec. 43
  Permanent appropriations, current action by Congress with respect to, 
      ch 4 Sec. Sec. 9, 11
  Points of order--
    amendments, against, ch 4 Sec. 67
    Committee on Appropriations, division of allocation among 
        subcommittees of, consideration of appropriation prior to, ch 7 
        Sec. 9
    necessity of, for enforcement of rule prohibiting unauthorized 
        appropriations and legislation on appropriation bills, ch 4 
        Sec. 27
    paragraph, against all or portion of, ch 4 Sec. 67
    reservation of, against amendments, ch 4 Sec. 65
    reservation of, against bill, no longer necessary at time bill 
        referred to Union Calendar, ch 4 Sec. 65
    timeliness, ch 4 Sec. 66
    waiver of (see also, SPECIAL RULES; SUSPENSION OF RULES), ch 4 
        Sec. 68
  Privileged status--
    general appropriations, ch 4 Sec. 61
    special appropriations not privileged, ch 4 Sec. 61
  Reading for amendment--
    new section, inserting, ch 4 Sec. 63
    paragraphs, general appropriation bills read by, ch 4 Sec. 63; ch 12 
        Sec. 13
    passed in reading, paragraph, amendment to, ch 4 Sec. 63
    sections, bill appropriating for specific purpose read by, ch 4 
        Sec. 63
  Reappropriations--
    agency or department for which original funds were appropriated, 
        transfers of unexpended balances within, as permitted, ch 4 
        Sec. 60
    authorizing legislation as permitting reappropriations in some 
        instances, ch 4 Sec. 60
    exceptions to prohibition, ch 4 Sec. 60
    general appropriation bills, rule prohibiting reappropriations is 
        limited to, ch 4 Sec. 60
    prior acts, unobligated balances of funds appropriated in, language 
        making available, ch 4 Sec. 60
    transfers of funds distinguished, ch 4 Sec. 60
    works in progress exception, ch 4 Sec. 60
  Report, committee, see COMMITTEE REPORTS
  Rescissions, ch 4 Sec. 35
  Revenue bills, power to originate, as encompassing appropriations, see 
      REVENUE LEGISLATION, PREROGATIVE OF HOUSE TO ORIGINATE
  Special appropriations--
    defined, ch 4 Sec. 3
    single department or agency, measure making appropriation for, not 
        privileged, ch 4 Sec. 74

[[Page 955]]

  Supplemental appropriations--
    consideration of, in House as in Committee of the Whole, ch 4 
        Sec. 75
    defined, ch 4 Sec. 3
    general appropriation bills, considered as, where making 
        appropriations for diverse agencies, ch 4 Sec. 73
  Three-day  layover  requirement  before  consideration of bill--
    counting of ``calendar days,'' ch 4 Sec. 62
    waiver of, ch 4 Sec. 62
  Timetable for consideration of annual appropriation bills, ch 7 Sec. 3
  Transfer of funds--
    legislation, language may not include, see LEGISLATION ON 
        APPROPRIATION BILLS
    same bill, direct transfer within, may be permitted, ch 4 Sec. 36
  Transportation obligations, funding floors for, ch 4 Sec. 59a
  Trust funds, funds for, as permanent appropriations, ch 4 Sec. 9
  Unauthorized appropriations, see APPROPRIATIONS, UNAUTHORIZED
  Voting on--
    separate vote in House on amendments adopted in Committee of the 
        Whole, ch 4 Sec. 63
    yeas and nays automatically ordered, ch 4 Sec. 61

                   APPROPRIATION ON LEGISLATIVE BILLS

  Amendments to bill, prohibition applies to, ch 4 Sec. 76; ch 6 Sec. 20
  Authorization, language of, distinguished from appropriation, ch 4 
      Sec. 77
  Discharge, motion to, rule not applicable to bill taken from committee 
      by, ch 4 Sec. 76
  Point of order may be made ``at any time,'' ch 2 Sec. 34
  Points of order--
    ``at any time,'' may be made, ch 2 Sec. 34
    Committee of the Whole, should be raised in, ch 4 Sec. 78
    debate on merits, may be raised after, ch 4 Sec. 78
    portion of section, as directed against, ch 4 Sec. 79
    reporting of bill, not to be raised against, ch 4 Sec. 78
    timeliness, ch 2 Sec. 34; ch 4 Sec. 78
    waiver of, ch 4 Sec. 78
  Private bills, rule not applicable to, ch 4 Sec. 76
  Reported bills, rule relates to, ch 4 Sec. 76
  Rule prohibiting, ch 4 Sec. 76
  Rulings, illustrative, in application of rule, ch 4 Sec. 77
  Senate amendment to legislative bill, see CONFERENCE REPORTS
  Senate bills or amendments between Houses, rule applicable to, ch 4 
      Sec. 76

    APPROPRIATIONS, COMMITTEE ON, SEE, COMMITTEES, JURISDICTION OF; 
                          COMMITTEES, STANDING

                      APPROPRIATIONS, UNAUTHORIZED

  Agricultural programs, rulings on points of order against 
      appropriations for, ch 4 Sec. 16
  Amending language permitted to remain, see below, Perfecting provision 
      permitted to remain
  Commerce or business, rulings on points of order against 
      appropriations affecting, ch 4 Sec. 17
  Defense programs, rulings on points of order against appropriations 
      for, ch 4 Sec. 18

[[Page 956]]

  Delaying appropriation ``pending authorization'' does not prevent 
      point of order, ch 4 Sec. 10
  District of Columbia, rulings on points of order against funding for, 
      ch 4 Sec. 19
  Environmental programs, rulings on points of order against 
      appropriations for, ch 4 Sec. 20
  Exceeding amount authorized, appropriation as, ch 4 Sec. 14
  Foreign affairs, rulings on points of order against appropriations 
      relating to, ch 4 Sec. 21
  General appropriation bills, rule applies to, ch 4 Sec. 10
  Increases of budget authority in excess of amount authorized, ch 4 
      Sec. 14
  Interior or environmental programs, rulings on points of order against 
      appropriations for, ch 4 Sec. 20
  Legislative branch, rulings on points of order against funding for, ch 
      4 Sec. 22
  Perfecting provision permitted to remain, test of whether amendment 
      ``merely perfects,'' ch 4 Sec. 69
  Prior unauthorized appropriations, effect of, ch 4 Sec. 12
  Precede appropriation, authorization must, ch 4 Sec. 10
  Proof, burden of, as to authorization--
    executive officials, compliance by, with conditions or requirements, 
        ch 4 Sec. 13
    proponent of amendment, ch 4 Sec. 13
    proponent or manager of bill, ch 4 Sec. 13
  Public works, rulings on points of order against funding for (see also 
      below, ``Works-in-progress'' exception), ch 4 Sec. 24
  Rule prohibiting, ch 4 Sec. Sec. 7, 10
  Rulings on appropriations subjected to points of order, generally (and 
      see specific subject matter), ch 4 Sec. 15
  Salaries and benefits, rulings on points of order against 
      appropriations relating to, ch 4 Sec. 23
  Senate amendments, see SENATE AMENDMENTS
  Sufficiency and modes of authorization, ch 4 Sec. 12
  ``Works-in-progress'' exception--
    applicability of, generally, ch 4 Sec. 25
    definition of ``work in progress,'' ch 4 Sec. 26
    evidence of initiation of project, ch 4 Sec. 25
    initiation of project, evidence as to, ch 4 Sec. 25
    lapsed, not applicable where authorization has, ch 4 Sec. 25
    reappropriations, see APPROPRIATION BILLS
    rulings as to whether particular projects were within exception, ch 
        4 Sec. 26

                          ASSEMBLY OF CONGRESS

  Clerk, duties of, ch 5 Sec. 4
  Day of convening--
    appointment of day by joint resolution, ch 5 Sec. 1
    constitutional provisions, ch 5 Sec. 1
    emergency reconvening, ch 1 Sec. 1; ch 5 Sec. 2; ch 45 Sec. 3
    President's authority exercised on extraordinary occasions, ch 5 
        Sec. 1
    pro forma meetings at end of session, ch 5 Sec. 1
    recall pursuant to adjournment resolution, ch 5 Sec. 1
  Hour of meeting, establishing--
    adjourn to day and time certain, effect of motion to, ch 5 Sec. 2
    changing hour of meeting, ch 5 Sec. 2
    emergency reconvening, ch 1 Sec. 1; ch 5 Sec. 2; ch 45 Sec. 3
    privileged, initial resolution as, ch 5 Sec. 2

[[Page 957]]

    resolution, House may set hour by, ch 5 Sec. 2
    standing order, effect of, ch 5 Sec. 2
  Legislative business, resumption of--
    consideration of major bill rarely occurs before adoption of rules, 
        ch 5 Sec. 8
    old business pending at adjournment of preceding session is resumed 
        in second or third session but not in new Congress, ch 5 Sec. 8
    President's State of the Union message, resumption of legislative 
        business usually occurs after, ch 5 Sec. 8
  Members-elect, see CREDENTIALS; MEMBERS AND MEMBERS-ELECT; OATH
  Motions in order prior to adoption of rules, ch 5 Sec. 7
  Oath to Members-elect, see OATH
  Parliamentary law, general, prior to adoption of rules House proceeds 
      under, ch 5 Sec. 7
  Place of meeting--
    consent of other House as necessary to change, ch 5 Sec. 3
    constitutional provision, ch 5 Sec. 3
    in hazardous circumstances, ch 5 Sec. 3
  President, committee to notify, that House has assembled, ch 5 Sec. 4
  Procedures under general parliamentary law prior to adoption of rules, 
      ch 5 Sec. 7
  Quorum, establishment of, ch 5 Sec. Sec. 4, 5
  Rules, adoption of, see RULES OF THE HOUSE
  Rules, prior to adoption of, House proceeds under general 
      parliamentary law, ch 5 Sec. 7
  Second session, organizational business at beginning of, ch 5 Sec. 5
  Senate, message to, that quorum of House established, ch 5 Sec. 4
  Sergeant at Arms, role of, upon incapacity of Clerk, ch 5 Sec. 4
  Speaker, election of, ch 5 Sec. 4

                            BELLS AND SIGNALS

  Changes in system announced, ch 10 Sec. 3
  Malfunctions, ch 10 Sec. 3; ch 58 Sec. 20
  Meaning of the various signals, ch 58 Sec. 20
  Quorum calls, used to alert Members to, ch 10 Sec. 3; ch 58 Sec. 20
  Voting alerts (see also VOTING), ch 58 Sec. 20

                          BILLS AND RESOLUTIONS

  Availability of report for three days, see COMMITTEE REPORTS
  Committee reports, see COMMITTEE REPORTS
  Concurrent resolutions, use of, ch 6 Sec. 1
  Enacting clause, form of, ch 6 Sec. 3
  Engrossment, see ENGROSSMENT
  Enrollment, see ENROLLMENT
  Form, ch 6 Sec. 3
  Hopper, introduced by placing in, ch 6 Sec. 6
  Introduction of--
    hopper, placed in, ch 6 Sec. 6
    limit, no, on number of bills Member may introduce, ch 6 Sec. 6
    ``request,'' bills introduced by, ch 6 Sec. 6
  Joint resolutions, use of, ch 6 Sec. 1
  Layover requirement, see COMMITTEE REPORTS
  Legislation, general, bills used for purposes of, ch 6 Sec. 1
  Page and line numbers--
    generally, ch 6 Sec. 3
    changes after amendments, ch 6 Sec. 3
  Preambles--
    amendments to, ch 6 Sec. 5
    striking preamble, ch 6 Sec. 5
    use of, ch 6 Sec. Sec. 3, 5
  Private bills, see PRIVATE BILLS

[[Page 958]]

  Prohibited, certain measures as--
    (see also specific topics, e.g., COMMEMORATIVE LEGISLATION, 
        PROHIBITION AGAINST)
    commemorations, ch 6 Sec. 23
    funding below specified level for transportation programs, ch 6 
        Sec. 20
    public works, designation of, in honor of currently serving Members 
        of Congress, ch 6 Sec. 22
    tax or tariff measure in bill reported by committee other than Ways 
        and Means, ch 4 Sec. 50; ch 6 Sec. 21
    tax rate increase, retroactive, ch 6 Sec. 21
  ``Public'' and ``private'' bills defined, ch 6 Sec. 2
  Reading for amendment in Committee of the Whole, see AMENDMENTS; 
      COMMITTEE OF THE WHOLE
  Reference, bills enacted by, see CONFERENCE
  Referral of, see REFERRAL OF BILLS, RESOLUTIONS, AND OTHER MATTER
  Resolving clauses, form of, ch 6 Sec. 3
  Section headings and subheadings, ch 6 Sec. 3
  Simple resolutions, use of, ch 6 Sec. 1
  Speaker, first ten numbers reserved for assignment by, ch 6 Sec. 6
  Sponsors and cosponsors--
    adding names of cosponsors, ch 6 Sec. 6
    cosponsors, adding names of, ch 6 Sec. 6
    error in listing of name, ch 6 Sec. 6
    falsely introduced in Member's name, question of privilege arises 
        where bill is, ch 6 Sec. 6
    removal of name, ch 6 Sec. 6
    signature of chief sponsor required, ch 6 Sec. 6
  Titles--
    constitutional amendment, bill proposing, ch 6 Sec. 4
    enacted statute, not considered part of, ch 6 Sec. 4
    form, ch 6 Sec. 4
    intent, legislative, evidence of, ch 6 Sec. 4
    number, identifying, added, ch 6 Sec. 3

                             BUDGET PROCESS

  Allocations to committees--
    Appropriations, Committee on, divides allocation among 
        subcommittees, ch 7 Sec. 9
    point of order for breach of outlay or revenue level precluded where 
        committee is within its allocation, ch 7 Sec. 9
  Balanced Budget and Emergency Deficit Control Act, see below, Gramm-
      Rudman legislation
  Borrowing authority not subject to appropriations as violation of 
      Budget Act, ch 7 Sec. 12
  Budget and Accounting Act of 1921, passage of, ch 7 Sec. 1
  Budget Enforcement Act, passage of, ch 7 Sec. 1
  ``Byrd rule'' against extraneous matter, see below, Reconciliation
  Committee on the Budget--
    estimates by, to be relied on by Chair in ruling on points of order, 
        ch 7 Sec. 9
    jurisdiction, ch 7 Sec. 2
  Committee on Rules--
    oversight function of review of budget process, ch 7 Sec. 2
  Committee reports--
    estimates, cost, required in, see below, Estimates required in 
        committee reports

[[Page 959]]

  Concurrent resolution on the budget--
    adoption of, must precede consideration of legislation affecting 
        budget, ch 7 Sec. 7
    amendments, consideration of, ch 7 Sec. Sec. 4, 5
    categories, functional, dividing Federal spending among, ch 7 
        Sec. Sec. 4, 5
    Committee of the Whole, consideration in, ch 7 Sec. Sec. 4, 5
    conference report on budget resolution, see below, Conference report 
        on budget resolution
    consideration, providing for, ch 7 Sec. 4
    consistency, mathematical, among amendments, ch 7 Sec. 5
    debate on, ch 7 Sec. 4
    ``elastic'' clause permitting provisions appropriate to purposes, ch 
        7 Sec. 4
    fiscal years, succeeding, budgetary levels for, ch 7 Sec. 4
    mathematical consistency amendments, ch 7 Sec. 5
    priorities, spending, establishes, ch 7 Sec. 4
    privileged for consideration if reported, ch 7 Sec. 4
    recommit, motion to, not in order, ch 7 Sec. 4
    reconsider, motion to, not in order, ch 7 Sec. 4; ch 47 Sec. 12
    revision of, ch 7 Sec. 3
    special rules for consideration, ch 7 Sec. 4
    time for completion of action on, ch 7 Sec. 3
  Conference report on budget resolution--
    allocations to committees published in joint statement of managers, 
        ch 7 Sec. 9
    debate on, ch 7 Sec. 6
  Congressional Budget Act--
    concurrent resolution on budget, adoption of, to precede legislation 
        affecting budget, ch 7 Sec. 7
    concurrent resolutions and reports, contents of, prescribed, ch 7 
        Sec. 4
    Congressional Budget Office, see below, Congressional Budget Office
    debate on concurrent resolution, provisions regarding, see above, 
        Concurrent resolution on the budget
    ``elastic'' clause permitting provisions appropriate to purposes, ch 
        7 Sec. 4
    passage of, ch 7 Sec. 1
    points of order created by, see below, Points of order under Budget 
        Act
    reconciliation procedures, see below, Reconciliation
  Congressional Budget Office--
    analyses of economic data and programs, ch 7 Sec. 2
    committees, reports provided to, on congressional action on bills, 
        ch 7 Sec. 2
    costs arising from bills and resolutions, analysis of, ch 7 Sec. 2
    established, ch 7 Sec. 1
    report, annual, to Budget Committees includes discussion of economic 
        policy and budget priorities, ch 7 Sec. 3
    unfunded mandates, estimates related to, see below, Unfunded 
        mandates
  Contract authority, new, required to be effective only as provided in 
      appropriation Acts, ch 7 Sec. 12
  Debate, see above, Concurrent resolution on the budget
  Debt, public, limit on--
    amendment to budget resolution to change, restriction on, ch 7 
        Sec. 5
    automatic increase in, ch 7 Sec. 15
    budget resolution sets forth appropriate level, ch 7 Sec. 15
    changes in, ch 7 Sec. 15

[[Page 960]]

    reconciliation directives as to, ch 7 Sec. 15
  ``Deem'' budget resolution as in force, resolutions to, for purposes 
      of points of order, ch 7 Sec. 9
  Deferrals--
    congressional disapproval of, procedures for, ch 7 Sec. 18
    defined, ch 7 Sec. 16
    President's role in proposing deferral, ch 7 Sec. 18
    purposes specified in law, ch 7 Sec. 18
    report by Comptroller General of unauthorized deferral, ch 7 Sec. 18
    veto, legislative, procedure held to be unconstitutional, ch 7 
        Sec. 18
  Direct spending--
    borrowing authority, new, ch 7 Sec. 12
    contract authority, new, ch 7 Sec. 12
    defined, ch 7 Sec. 11
    entitlement authority, new, what constitutes, ch 7 Sec. 13
    food stamp program, ch 7 Sec. Sec. 11, 13
    Gramm-Rudman restrictions on, ch 7 Sec. Sec. 11-13
    PAYGO requirements, application of, ch 7 Sec. 11
  Discharge bills providing certain new entitlement authority from Union 
      Calendar, Speaker's authority to, for referral to Committee on 
      Appropriations, ch 9 Sec. 4
  Emergency designation attached to funds in bill--
    effects generally, ch 7 Sec. 9
    Gramm-Rudman, requirements under, ch 7 Sec. 9
  Entitlement authority, new, see above, Direct spending
  Estimates by committees of new budget authority and outlays--
    Budget, Committee on the, role of estimates provided by, ch 7 Sec. 9
    time for reports, ch 7 Sec. 3
  Estimates required in committee reports--
    five-year cost estimates, ch 7 Sec. 2
    new budget authority, effect of measure providing, ch 7 Sec. 2
    point of order where report does not contain required estimates, ch 
        7 Sec. 2
    revenues, effect of change in, ch 7 Sec. 2
  Fiscal year, defined, ch 7 Sec. 3
  Floors, funding, for transportation obligations, see APPROPRIATION 
      BILLS
  Food stamp program, see above, Direct spending
  Germaneness, Senate rulings on, see SENATE, PRACTICE IN
  Gramm-Rudman legislation--
    deadlines for stages in budget process, provisions as to, ch 7 
        Sec. 3
    deficit targets, ch 7 Sec. 1
    direct spending, restrictions on, ch 7 Sec. 11
    discretionary spending, limits on, ch 7 Sec. 11
    emergency designation, see above, Emergency designation attached to 
        funds in bill
    mandatory spending, restrictions on, ch 7 Sec. 11
    passage of, ch 7 Sec. 1
    PAYGO, see below, PAYGO requirements
    provisions of, generally, ch 7 Sec. 1
    sequestration under, see below, Sequestration
  History, legislative, ch 7 Sec. 1
  Impoundment--
    congressional authorization, ch 7 Sec. 16
    court rulings, ch 7 Sec. Sec. 16-18
    deferral of budget authority, see above, Deferrals
    passage of Impoundment Control Act, ch 7 Sec. 1
    rescissions proposed by President, ch 7 Sec. 17
    Veto, Line Item, see below, Line Item Veto Act

[[Page 961]]

  Line Item Veto Act--
    constitution, held to violate presentment clause of, ch 7 Sec. 17; 
        ch 57 Sec. 8
    history and use, ch 7 Sec. 17; ch 57 Sec. 8
    procedures under, ch 7 Sec. 17
  Office of Management and Budget--
    creation of, ch 7 Sec. 1
    President's budget, assistance in submission of, ch 7 Sec. 1
    sequestration triggered by reports, see below, Sequestration
  Oversight plans, submission of, by committees, ch 7 Sec. 3
  PAYGO requirements--
    deficit, neutral-effect on, revenue and ``direct spending'' 
        legislation required to have, ch 7 Sec. 11
    direct spending, application to, ch 7 Sec. 11
    purpose generally, ch 7 Sec. 1
    sequestration, see below, sequestration
    spending, as control on, ch 7 Sec. Sec. 10, 13
  Points of order under Budget Act--
    (see also POINTS OF ORDER)
    affirmative assertion of, as necessary, ch 7 Sec. 1
    allocations of committees, against legislation exceeding, ch 7 
        Sec. 1
    allocation, where committee reporting measure is within, ch 7 Sec. 9
    borrowing authority, new, ch 7 Sec. 12
    conference reports, against, see CONFERENCE REPORT
    consideration of legislation affecting budget, adoption of 
        concurrent resolution on budget must precede, ch 7 Sec. 7
    contract authority, new, ch 7 Sec. 12
    direct spending, restrictions on, ch 7 Sec. Sec. 11-13
    enforcement of Act's provisions, mechanism for, ch 7 Sec. Sec. 1, 9
    emergency designation attached to funds, effect of, see above, 
        Emergency designation attached to funds in bill
    entitlement authority, new, that becomes effective in current fiscal 
        year, ch 7 Sec. 13
    estimates by Committee on the Budget, Chair to rely on, in making 
        rulings, ch 7 Sec. 9
    new budget authority set forth in budget resolution, measures 
        exceeding, ch 7 Sec. 9
    outlays exceeding level set forth in budget resolution, ch 7 Sec. 9
    revenues below levels set forth in budget resolution, measures 
        contemplating, ch 7 Sec. 9
    rules of the House, provisions creating points of order are 
        considered, ch 7 Sec. 9
    unfunded mandates, points of order against, see below, Unfunded 
        mandates
    unreported measure, points of order based on breach of restrictions 
        on direct spending do not lie against, ch 7 Sec. 13
    unreported measure, points of order based on breach of specified 
        levels of outlays or revenues do not lie against, ch 7 Sec. 9
    waivers of (see also SPECIAL RULES), ch 7 Sec. Sec. 7, 9
  President, submission of budget by--
    time for, ch 7 Sec. 3
  Reconciliation--
    ``Byrd rule'' as to extraneous matter can be directed against matter 
        originating with House, ch 7 Sec. 8
    committees, instructions to, to recommend changes in existing law to 
        achieve objectives, ch 7 Sec. 8
    conferees, appointment of, see CONFEREES OR MANAGERS
    debt, public, changes in limit on, ch 7 Sec. 15

[[Page 962]]

    deficit, restrictions on measures increasing, ch 7 Sec. 8
    privileged, reconciliation bill may be reported as, ch 7 Sec. 8
    special rules providing for consideration, ch 7 Sec. 8
    timetable for completion of action on reconciliation legislation, ch 
        7 Sec. 3
  Sequestration--
    effect, ch 7 Sec. 11
    modification of, ch 7 Sec. 11
    President, role of, ch 7 Sec. 11
    procedures, ch 7 Sec. 11
    purpose, ch 7 Sec. 11
    rescinded, order was, as part of reconciliation, ch 7 Sec. 11
    suspension of, ch 7 Sec. 11
    timing, ch 7 Sec. 11
  Social Security program--
    exempt from reconciliation, ch 7 Sec. Sec. 1, 14
    new budget authority, receipts and disbursements not counted as, ch 
        7 Sec. 14
  Statutory framework, generally, ch 7 Sec. 1
  Timetable for stages of budget process, ch 7 Sec. 3
  Unfunded mandates--
    committee responsibilities, ch 56 Sec. 3
    Congressional Budget Act, purpose of provisions of, generally, ch 56 
        Sec. 1
    Congressional Budget Act, provisions of, permitting points of order, 
        ch 2 Sec. 49; ch 7 Sec. 19
    cost estimates, ch 56 Sec. 3
    debate on points of order, ch 2 Sec. 49; ch 56 Sec. 5
    definitions, ch 56 Sec. 2
    estimates provided by Congressional Budget Office, ch 56 Sec. 3
    intergovernmental mandate, ch 56 Sec. 2
    points of order to prevent consideration of, ch 2 Sec. 49; ch 7 
        Sec. 19; ch 56 Sec. Sec. 1, 4
    private sector mandate, ch 56 Sec. 2
    strike, amendment to, may be precluded only by order of House, ch 7 
        Sec. 19
    strike, motion to, ch 56 Sec. 6
    waiver of points of order against, provisions restricting, ch 7 
        Sec. 19; ch 56 Sec. 5
    vote on question of consideration, points of order disposed of by, 
        rather than by Chair's ruling, ch 2 Sec. 49; ch 56 Sec. 5
  Veto, line item, see above, Line Item Veto Act
  Waiver of points of order under Budget Act, see above, Points of order 
      under Budget Act

                                CALENDARS

  Committee action on measure, completion of, referral to calendar upon, 
      ch 9 Sec. 1
  Correction of error in referral to calendar, ch 9 Sec. 3
  Corrections Calendar--
    Speaker's authority, ch 9 Sec. 5
    vote, three-fifths, for passage of bills, ch 9 Sec. 5
  Discharge Calendar, see DISCHARGING MEASURES FROM COMMITTEES
  Discharge of bill from calendar--
    referrals to committees, sequential, for purposes of, ch 9 Sec. 4
  Erroneous referral to calendar, ch 9 Sec. 3
  House Calendar--
    bills not raising revenue or requiring appropriations referred to, 
        ch 9 Sec. 1
  Private Calendar, see PRIVATE BILLS
  Purpose generally, ch 16 Sec. 5
  Referrals to calendars--
    erroneous referral to calendar, ch 9 Sec. 3
    reported favorably, measures, ch 9 Sec. 2

[[Page 963]]

    reported improperly, recommittal of measures, ch 9 Sec. 2
    reported unfavorably, measures, ch 9 Sec. 2
  Removal of bill from calendar--
    referrals to committees, sequential, for purposes of, ch 9 Sec. 4
  Union Calendar--
    appropriating money or property, bills, referred to, ch 9 Sec. 1
    Committee of the Whole, bills considered in, ch 9 Sec. 1
    expenses to government, bills authorizing activities which incur, ch 
        9 Sec. 1
    revenue, bills raising, ch 9 Sec. 1

                           CALENDAR WEDNESDAY

  Amendments to bill, ch 8 Sec. 8
  Authorization by committee to call up bill, ch 8 Sec. 6
  Availability of bill and report, ch 8 Sec. 6
  Business not in order during Calendar Wednesday procedures, ch 8 
      Sec. 2
  Calling up bill under Calendar Wednesday procedure, ch 8 Sec. 1
  Call of committees, procedure for calling up bills during, ch 8 Sec. 5
  Committee, form of remarks by member in calling up bill at direction 
      of, ch 8 Sec. 1
  Committee of the Whole, consideration in, ch 8 Sec. 3
  Consideration, raising question of, ch 8 Sec. 7
  Debate in Committee of the Whole, ch 8 Sec. 8
  Debate in the House under hour rule, ch 8 Sec. 8
  Dispensing with, ch 8 Sec. 11
  Form of remarks used by member in calling up bill at direction of 
      committee, ch 8 Sec. 1
  Precedence of Calendar Wednesday business, ch 8 Sec. Sec. 2, 4
  Previous question--
    adjournment after ordering, effect of, ch 8 Sec. 10
    prior day's business, effect where previous question was ordered on, 
        ch 8 Sec. 10
  Private bills not eligible, ch 8 Sec. 2
  Privileged bills not eligible for consideration under Calendar 
      Wednesday procedures, ch 8 Sec. 2
  Procedure for calling up bills during call of committees, ch 8 
      Sec. Sec. 1, 5
  Unfinished business, consideration of, on Calendar Wednesday, ch 8 
      Sec. 9
  Unprivileged bills considered, ch 8 Sec. Sec. 1, 2
  Withdrawal of bill after being called up, ch 8 Sec. 6

CALL OF THE HOUSE, see QUORUMS

                           CELLULAR TELEPHONES

  Use of, prohibited on floor and in galleries, ch 10 Sec. 3; ch 16 
      Sec. 21

CENSURE OF MEMBER, see ETHICS

                       CHAMBER AND ROOMS OF HOUSE

  Corridors leading to Chamber, control of, ch 10 Sec. 4
  Disorder in Capitol, see DECORUM; DEBATE; GALLERIES
  Galleries, see GALLERIES
  Hall, use of--
    floor, privileges of, see FLOOR, PRIVILEGES OF
    rule as to permissible uses, ch 10 Sec. 1
    Speaker, authority of, ch 10 Sec. 1
  Photographs in Chamber, see PHOTOGRAPHS IN CHAMBER
  Rooms--
    appropriated, use of, ch 10 Sec. 1
    resolutions assigning, as privileged, ch 10 Sec. 1

[[Page 964]]

    unappropriated, use of, ch 10 Sec. 1

                                CHAPLAIN

  Continuance in office, ch 35 Sec. 1
  Duties, ch 35 Sec. 1
  Guest chaplain, ch 35 Sec. 1

                      CHIEF ADMINISTRATIVE OFFICER

  Role of, ch 35 Sec. 1

                           CLERK OF THE HOUSE

  Acting Clerk, designation of, ch 35 Sec. 1
  Assembly of Congress, organizational duties at, ch 5 Sec. 4; ch 35 
      Sec. 1; ch 37 Sec. 2
  Continuance in office, ch 35 Sec. 1
  Deputy Clerk designated to act in event of Clerk's absence or 
      disability, ch 35 Sec. 1
  Duties of, ch 35 Sec. 1
  Organization of new Congress, duties related to, ch 5 Sec. 4; ch 35 
      Sec. 1; ch 37 Sec. 2
  Points of order, rules on, prior to election of Speaker, ch 37 Sec. 2

                                 CLOCKS

  Discrepancies as to time, ch 10 Sec. 3
  Official clock, ch 10 Sec. 3

CODE OF OFFICIAL CONDUCT, see ETHICS

             COMMEMORATIVE LEGISLATION, PROHIBITION AGAINST

  Definition, ch 6 Sec. 23
  Rule stating prohibition, ch 6 Sec. 1; ch 16 Sec. 1
  Waiver of rule, ch 6 Sec. 23

                               COMMISSIONS

  Select committees, distinguished from, ch 11 Sec. 1
  Statute, created by, ch 11 Sec. 2

                            COMMIT, MOTION TO

  Previous question, pending or after ordering--
    amendments to, ch 48 Sec. 9
    application of, to particular items of business, ch 48 Sec. 10
    debate on, ch 48 Sec. 12
    instructions in, ch 48 Sec. Sec. 9, 17
    recognition to offer, ch 48 Sec. 11
    time for offering, ch 48 Sec. 9
  Recommit, see RECOMMIT, MOTION TO; RECOMMIT WITH INSTRUCTIONS, MOTION 
      TO

                         COMMITTEE OF THE WHOLE

  Adjourn, motion to, not in order in (see also ADJOURNMENT), ch 1 
      Sec. 4
  Amendment, reading for, see AMENDMENTS
  Amendments, changing order of consideration of, barred if requiring 
      material modification of special rule, see SPECIAL RULES
  Appropriations of money or property, public bills making, considered 
      in (see also APPROPRIATION BILLS), ch 12 Sec. Sec. 2, 3
  Authority, limitations on, ch 12 Sec. 2
  Chairman--
    appointed by Speaker, ch 12 Sec. 7
    authority, limitations on, ch 12 Sec. 8
    duties, ch 12 Sec. Sec. 7, 16
    order, decides questions of, ch 12 Sec. 18
    order, maintaining, see, e.g., DECORUM; WORDS, UNPARLIAMENTARY
  Committees, standing, distinguished from, ch 11 Sec. 1
  Conference reports not considered in, ch 12 Sec. 2
  Consideration in, matters requiring--
    appropriations of money or property, ch 12 Sec. Sec. 2, 3

[[Page 965]]

    bills, specific types of, consideration of, ch 12 Sec. 3
    ``hereby'' considered as adopted, effect of special rule providing 
        that measure is, ch 12 Sec. 4
    revenue, bills raising, ch 12 Sec. Sec. 2, 3
    Senate amendments, subject matter of, may require consideration in 
        Committee of the Whole, ch 12 Sec. 4
    special rule as waiving requirement, ch 12 Sec. 3
    unanimous-consent agreement may waive requirement, ch 12 Sec. 3
  Debate, see DEBATE
  Enacting clause, motions relating to, see ENACTING CLAUSE, MOTION 
      RELATING TO
  Historical background, ch 12 Sec. 1
  House as in Committee of the Whole, distinguished, ch 12 Sec. 1
  Jurisdiction--
    appropriations of money or property, public bills making, ch 12 
        Sec. 2
    revenue, bills raising, ch 12 Sec. 2
    rule specifying matters requiring consideration in Committee of the 
        Whole, ch 12 Sec. 3
  Mace, position of, significance of, ch 12 Sec. 1
  Motions that are not in order in, ch 12 Sec. Sec. 2, 20
  Motions, use of--
    generally, ch 12 Sec. 20
    precedence of motions, ch 12 Sec. 21
    prohibited motions, ch 12 Sec. Sec. 2, 20
    recommending House action, ch 12 Sec. Sec. 20, 22
    rise and report, motion to, see below, Rise and report, motion to
    rise, motion to, see below, Rise, motion to
    withdrawal of motion, ch 12 Sec. 20
    writing, demand that motion be in, ch 12 Sec. 20
  Motion to resolve into--
    amendable, not, ch 12 Sec. 6
    debatable, not, ch 12 Sec. 6
    precedence of ch 12 Sec. 6
    rejection, effect of, ch 12 Sec. 6
    withdrawal of, ch 12 Sec. 6
  Originating measures, restriction on, ch 12 Sec. 2
  Postponement by Chair of requests for recorded votes, see VOTING
  Prohibitions on use of certain procedures and motions in, ch 12 
      Sec. Sec. 2, 20
  Points of order, see POINTS OF ORDER
  Quorum in--
    general debate, point of no quorum during, ch 12 Sec. 9
    previously established on same day, effect where quorum was, ch 12 
        Sec. 9
    procedure following point of order of no quorum, ch 12 Sec. 9
    rule governing, ch 12 Sec. Sec. 1, 9
    vote taken in absence of quorum, ch 12 Sec. 9
  Reading of bill--
    appropriation bill, general, ch 12 Sec. 13
    considered as read, where bill is, ch 12 Sec. 13
    dispensing with, ch 12 Sec. 10
    first reading, ch 12 Sec. 10
    sections, by, ch 12 Sec. 13
  Recommittal of bill to, ch 12 Sec. Sec. 2, 30
  Reconsider, motion to, not in order in, ch 16 Sec. 56
  Reporting amendments to House after adoption, see below, Rise and 
      report, motion to; see also AMENDMENTS
  Report to House of proceedings, see below, Rise and report, motion to

[[Page 966]]

  Resolving into--
    automatically resolving into Committee of the Whole, ch 12 Sec. 5
    motion, by, see above, Motion to resolve into
    Speaker, declaration by, ch 12 Sec. 5
    special rule, by, ch 12 Sec. 5
  Revenue, bills raising, considered in, ch 12 Sec. Sec. 2, 3
  Rise and report, motion to--
    adverse recommendation, ch 12 Sec. 30
    amend, precedence of motion to, over motion to rise and report, ch 2 
        Sec. 9
    appropriation bill, general, precedence of motion after reading of, 
        ch 12 Sec. 21
    House, report to, ch 12 Sec. Sec. 29, 30
    pending specified procedures, motion may be made, ch 12 Sec. 27
    quorum required on affirmative vote, ch 12 Sec. 26
    recommendations that may be included, ch 12 Sec. 26
    report by Chairman as official account of proceedings in Committee 
        of the Whole, ch 12 Sec. 29
    report, receipt of, in House, ch 12 Sec. Sec. 29, 30
    time for making, ch 12 Sec. 27
    withdrawn by unanimous consent, ch 12 Sec. 26
    writing, demand that motion be in, ch 12 Sec. 26
  Rise, motion to--
    amend, precedence of motion to rise over motion to, ch 2 Sec. 9
    debate time remaining on amendment, effect of adoption of motion to 
        rise on (see also DEBATE), ch 16 Sec. 59
    form, ch 12 Sec. 26
    interrupting Member who holds floor not permitted, ch 12 Sec. 28
    manager or Member to whom manager yields, motion may be offered 
        during general debate by, ch 12 Sec. 28
    offered by manager or Member to whom manager yields, motion may be, 
        during general debate, ch 12 Sec. 28
    offering motion, ch 12 Sec. 28
    pending specified procedures, motion may be made, ch 12 Sec. 27
    precedence of, ch 12 Sec. 21
    quorum, in order after announcement of absence of, ch 12 Sec. 9
    quorum not required for adoption, ch 12 Sec. 26
    special rule precluding repetition after rejection, see SPECIAL 
        RULES
    time for making, ch 12 Sec. Sec. 27, 28
    withdrawn by unanimous consent, ch 12 Sec. 26
    writing, demand that motion be in, ch 12 Sec. 26
  Rising without motion--
    automatic rising pursuant to special rule or House order, ch 12 
        Sec. 25
    informal rising by unanimous consent or at Chair's direction, ch 12 
        Sec. 25
  Senate amendment, subject matter of, may require consideration in 
      Committee of the Whole (see also SENATE AMENDMENTS), ch 12 Sec. 4; 
      ch 51 Sec. 9
  Special rule, modification of, see SPECIAL RULES
  Special rules, consideration pursuant to, see SPECIAL RULES
  Text of bill as referred to committees governs referral to Union 
      Calendar, ch 12 Sec. 2
  Unanimous-consent requests in, see UNANIMOUS CONSENT
  Unfinished business, see UNFINISHED BUSINESS
  Voting (see also VOTING), ch 12 Sec. 17

[[Page 967]]

                            COMMITTEE REPORTS

  Additional views, filing, ch 11 Sec. 32
  Adverse reports, ch 11 Sec. Sec. 28, 31
  Amendments, reporting bill with, ch 11 Sec. 28
  Appropriations, report from committee on--
    requirements as to, ch 11 Sec. Sec. 29, 30
    unauthorized appropriations and changes in existing law, inclusion 
        of, ch 4 Sec. 8
  Authorization by committee to report measure, ch 11 Sec. 28
  Availability for three days, requirement of, ch 11 Sec. 35
  Budget Act, under, see BUDGET PROCESS
  Calendars, referral to, ch 11 Sec. 31
  Calling up reports, ch 11 Sec. 34
  ``Clean'' bill, introduction of, ch 11 Sec. 28
  Contents of, ch 11 Sec. Sec. 28, 29
  Correction of errors in, ch 11 Sec. Sec. 28, 30, 31
  Duty of chairman to report measure approved by committee, ch 11 
      Sec. 28
  Errors in, correction of, ch 11 Sec. Sec. 28, 30, 31
  Filing reports--
    nonprivileged reports, ch 11 Sec. 33
    privileged reports, ch 11 Sec. Sec. 33, 34
    time for filing, extension of, ch 11 Sec. 33
  Form of, ch 11 Sec. 29
  Germaneness issues, use of committee reports in determining, see 
      GERMANENESS OF AMENDMENTS
  Layover requirement, ch 11 Sec. 35
  Minority views, filing, ch 11 Sec. 32
  Points of order against--
    availability requirement, noncompliance with, ch 11 Sec. Sec. 35, 36
    constitutional authority, failure to include statement as to, ch 11 
        Sec. 36
    cost estimate, failure to include, ch 11 Sec. 36
    failure of report to include certain matters, ch 11 Sec. 36
    House, made in, ch 11 Sec. 36
    layover requirement, noncompliance with, ch 11 Sec. Sec. 35, 36
    mandates, Federal, failure to include statement on cost of, ch 11 
        Sec. 36
    oversight findings, failure to include, ch 11 Sec. 36
    performance goals and objectives, failure to include, ch 11 Sec. 36
    quorum in committee, lack of, ch 11 Sec. Sec. 23, 36
    Ramseyer rule, noncompliance with, see RAMSEYER RULE
    recommittal of bill for failure to comply with House rules, ch 11 
        Sec. 28
    timeliness of, ch 11 Sec. 23
    votes on measures, deficiencies in record of, ch 11 Sec. Sec. 15, 36
    waiver of (see also, SPECIAL RULES; UNANIMOUS CONSENT), ch 11 
        Sec. Sec. 35, 36
  Privileged reports--
    committees that may report at any time, table listing, ch 11 Sec. 34
    filed from floor at any time, ch 11 Sec. Sec. 31, 34
    subject matter accorded privilege, ch 11 Sec. 34
    unprivileged reports distinguished from, ch 11 Sec. 34
  Quorum required in committee to authorize report, ch 11 Sec. 22
  Printing, ch 11 Sec. 31
  Ramseyer rule, see RAMSEYER RULE
  Referral to Calendars, ch 11 Sec. 31
  Rule requiring that written report accompany bill, ch 11 Sec. 28
  Special rule reported from Committee on Rules, see SPECIAL RULES
  ``Star print,'' ch 11 Sec. Sec. 30, 31
  Supplemental reports, ch 11 Sec. Sec. 28, 30, 31
  Supplemental views, ch 11 Sec. 32
  Tax measures, contents of reports on, ch 11 Sec. 29

[[Page 968]]

  Three-day availability requirement, ch 11 Sec. 35

                       COMMITTEES, JURISDICTION OF

  Agreement, informal, between committees as to jurisdiction, ch 11 
      Sec. 8
  Appropriations, Committee on--
    appropriations, ch 4 Sec. 8
    deferrals or rescissions of appropriated funds, ch 4 Sec. 8
    general appropriation bills, ch 4 Sec. 8
    Holman rule, retrenchments under, ch 4 Sec. 48
    new spending authority, ch 4 Sec. 8
    rescissions or deferrals of appropriated funds, ch 4 Sec. 8
    retrenchments under Holman rule, ch 4 Sec. 48
    transfers of unexpended balances, ch 4 Sec. 8
  Budget, Committee on the, see BUDGET PROCESS
  Committees, table showing, with jurisdiction and historical 
      background, ch 11 Sec. 11
  Conferees, as related to appointment of, see CONFEREES OR MANAGERS
  Conferral of jurisdiction by House, ch 11 Sec. 8
  District of Columbia business, see DISTRICT OF COLUMBIA BUSINESS
  Historical background, table showing jurisdiction and, of standing 
      committees, ch 11 Sec. 11
  House Administration, Committee on--
    committees, standing, expenses of, ch 4 Sec. 4
    election contests, see ELECTION CONTESTS AND DISPUTES
  Judiciary, Committee on the, jurisdiction over reapportionment vested 
      in, see ELECTIONS
  Referral of measures to committees, see REFERRAL OF BILLS, RESOLUTIONS 
      AND OTHER MATTERS
  Rule relating to, ch 11 Sec. 8
  Rules, jurisdiction of Committee on, over resolution prescribing 
      special order of business, see SPECIAL RULES
  Standards of Official Conduct, Committee on, see ETHICS
  Subject matter--
    appropriations, ch 4 Sec. 8
    committees, expenses of, ch 4 Sec. 4
    committees, table showing jurisdiction of, ch 11 Sec. 11
    deferrals or rescissions of appropriated funds, ch 4 Sec. 8
    elections, see ELECTIONS; ELECTION CONTESTS AND DISPUTES
    Holman rule, retrenchments under, ch 4 Sec. 48
    House committee and administrative expenses, ch 4 Sec. 4
    new spending authority, ch 4 Sec. 8
    rescissions or deferrals of appropriated funds, ch 4 Sec. 8
    revenue measures, ch 4 Sec. 50
    special rules, see SPECIAL RULES
    table showing jurisdiction of committees, ch 11 Sec. 11
    tariff measures, ch 4 Sec. 50; ch 6 Sec. 21
    tax measures, ch 4 Sec. 50; ch 6 Sec. 21
    transfers of unexpended balances, ch 4 Sec. 8
  Table showing standing committees, jurisdiction, and historical 
      background, ch 11 Sec. 11
  Ways and Means, Committee on--
    revenue measures, ch 4 Sec. 50; ch 6 Sec. 21
    tariff measures, ch 4 Sec. 50; ch 6 Sec. 21
    tax measures, ch 4 Sec. 50; ch 6 Sec. 21

                          COMMITTEES, STANDING

  Access, Member's, to records and files, see below, Records and files
  Budget, Committee on the, see BUDGET PROCESS

[[Page 969]]

  Chairmen of committees--
    duties of, ch 11 Sec. Sec. 6, 28
    election of, ch 11 Sec. 4
    limitation on tenure, ch 11 Sec. 4
    powers of, ch 11 Sec. 6
    role of, ch 11 Sec. 6
    vacancy in chairmanship, ch 11 Sec. 4
  Committees, table listing, with jurisdiction and antecedents, ch 11 
      Sec. 11
  Composition of, ch 11 Sec. 5
  Conference committees, distinguished, ch 11 Sec. 1
  Election of Members to--
    caucus and selection committee, role of, ch 11 Sec. 4
    chairman, selection of, see above, Chairmen of committees
    privileged, resolutions as, when submitted by direction of party 
        caucuses, ch 11 Sec. 4
    procedures generally, ch 11 Sec. 4
    resolutions electing majority and minority Members, ch 11 Sec. 4
  Employees of, see below, Staff of
  Establishing committees, ch 11 Sec. 2
  Executive session--
    quorum required to close session or release testimony, ch 11 Sec. 16
    release of testimony taken in, ch 11 Sec. 16
    testimony taken in, use of, ch 11 Sec. 16
  Expense resolutions, primary and supplemental, to authorize payment of 
      expenses of, ch 11 Sec. 3
  Expenses of Committee on Appropriations, funds for, appropriated 
      pursuant to statute, ch 11 Sec. 3
  Expenses of Committees, resolution funding, privileged report from 
      Committee on House Administration on, ch 4 Sec. 4
  Functions of committees, generally, ch 11 Sec. 1
  Funding for, resolutions providing, ch 4 Sec. 4
  Hearings--
    announcement of, ch 11 Sec. 19
    defame, degrade or incriminate, testimony tending to, procedures 
        relating to, ch 11 Sec. 20
    media coverage, ch 11 Sec. 27
    open or closed, ch 11 Sec. 20
    purposes, ch 11 Sec. 19
    testimony or evidence tending to defame or incriminate, procedures 
        relating to, ch 11 Sec. 20
    transcripts, contents of and access to, ch 11 Sec. 16
    uses, ch 11 Sec. 19
    witnesses, see below, Witnesses
  Historical background, ch 11 Sec. 11
  Investigative authority--
    court rulings as to validity or proper exercise of, ch 11 Sec. 10
    limitations on, ch 11 Sec. 10
    necessary or appropriate investigations, ch 11 Sec. 10
    obstruction of committee investigation, ch 11 Sec. 10
    scope and subject matter, ch 11 Sec. 10
    Standards of Official Conduct, Committee on, see ETHICS
    subpoenas, refusal to comply with, see CONTEMPT
  Jurisdiction of, see COMMITTEES, JURISDICTION OF
  Meetings--
    additional meetings, calling, ch 11 Sec. 17
    time of, fixing, ch 11 Sec. 17
  Oversight function--
    general and special oversight distinguished, ch 11 Sec. 9
    Legislative Reorganization Act, provisions of, ch 11 Sec. 9
    table listing committees, jurisdiction, and oversight functions, ch 
        11 Sec. 11
  Party representation on committees, ch 11 Sec. 5

[[Page 970]]

  Procedure in committees--
    adoption of rules by committee, ch 11 Sec. 15
    debate and consideration, ch 11 Sec. 18
    meetings, fixing time of, ch 11 Sec. 17
    motions, ch 11 Sec. 18
    points of order in House based on procedures in committee, ch 11 
        Sec. 15
    proxy voting banned, ch 11 Sec. 18
    rules of House, application of, ch 11 Sec. 15
    voting, ch 11 Sec. 18
  Quorum in committee--
    contemporaneous presence, ch 11 Sec. 22
    report a measure, authorization to, ch 11 Sec. 22
    ``rolling quorum'' obsolete, ch 11 Sec. 22
    table showing minimum quorum requirements to take particular 
        actions, ch 11 Sec. 21
  Records and files--
    access to, Member's, ch 11 Sec. 16
    debate, reference in, to, ch 11 Sec. 16
    disposition of, ch 11 Sec. 16
    executive session, evidence taken in, use of, ch 11 Sec. 16
  Resolutions establishing or affecting authority of, as privileged, ch 
      11 Sec. 2
  Role of committees, generally, ch 11 Sec. 1
  Select committees distinguished, see SELECT COMMITTEES
  Seniority--
    alteration of rank, ch 11 Sec. 4
    resolution electing Members as indicating rank, ch 11 Sec. 4
  Size of committees, ch 11 Sec. 5
  Staff of--
    Appropriations, Committee on, rule governing appointment of staff 
        of, ch 11 Sec. 7
    minority staff, ch 11 Sec. 7
    rule and statute, employment of staff governed by, ch 11 Sec. 7
    statute and rule, employment of staff governed by, ch 11 Sec. 7
  Standards of Official Conduct, Committee on--
    (see also ETHICS)
    party representation on, ch 11 Sec. 5; ch 25 Sec. 3
  Subcommittees, role of, ch 11 Sec. 1
  Table showing committees, jurisdiction, and antecedents, ch 11 Sec. 11
  Transcripts, see above, Hearings; Meetings
  Witnesses--
    constitutional rights, ch 11 Sec. 25
    contempt, citing for, ch 11 Sec. 26
    fees for, ch 11 Sec. 24
    immunity, ch 11 Sec. 25
    minority, witnesses called by, ch 11 Sec. 24
    perjury, ch 11 Sec. 24
    questioning of, procedure for, ch 11 Sec. 24
    rights under Constitution and rules, ch 11 Sec. 25
    self-incrimination, privilege against, ch 11 Sec. 25
    subpoenas, ch 11 Sec. 24
    testimony or evidence tending to defame or incriminate, procedures 
        relating to, ch 11 Sec. 20
    voting in, ch 11 Sec. 18
    written statements, ch 11 Sec. 24

                          COMPLIANCE, OFFICE OF

  Description of, ch 35 Sec. 6

CONDUCT, OFFICIAL, STANDARDS OF, see ETHICS

                          CONFEREES OR MANAGERS

  Appointment of--
    ``additional'' conferees on particular provisions, ch 13 Sec. 8
    changing conferees, ch 13 Sec. 8
    committee representation, ch 13 Sec. 7

[[Page 971]]

    criteria, ch 13 Sec. Sec. 6, 7
    jurisdiction of committees as factor, ch 13 Sec. Sec. 7, 8
    number of conferees, ch 13 Sec. 6
    reappointment to additional conferences, ch 13 Sec. 8
    Speaker's discretion, ch 13 Sec. 6
    time for, ch 13 Sec. 6
    vacancy on conference committee, ch 13 Sec. 8
  Authority of--
    committed to conference, issues, ch 13 Sec. 9
    enlarging authority by concurrent resolution, ch 13 Sec. 9
    germane modification of matter in disagreement, ch 13 Sec. 9
    limitations on, ch 13 Sec. 9
    scope of differences, matters within, ch 13 Sec. 9
    Senate amendments, limitation on authority to agree to, ch 4 
        Sec. Sec. 70, 71
  Failure to report, motions in order after, ch 13 Sec. 14
  Houses, jurisdiction of, over their own appointed conferees, ch 13 
      Sec. 11
  Instructions to managers--
    advisory nature of, ch 13 Sec. 16
    agreement to conference, one motion in order after, ch 13 Sec. 12
    amendments to motion, ch 13 Sec. 13
    appointment, given prior to, unless postponed, ch 13 Sec. 12
    argument, instructions may not include, ch 13 Sec. Sec. 11, 15
    binding, not, ch 13 Sec. 16
    conference report, instructions in motion to recommit, divisibility 
        of, ch 21 Sec. 13
    debate on motion to instruct, ch 13 Sec. 13
    division of the question, applicability of demand for, ch 21 Sec. 13
    germaneness of amendment to motion, rule as to, ch 26 Sec. 33
    limitations on, ch 13 Sec. 11
    motion to instruct, debate and procedures relating to, ch 13 
        Sec. Sec. 12, 13
    purpose generally, ch 13 Sec. 11
    recognition on motions, ch 46 Sec. 16
    recommit, motion to, instructions in, ch 13 Sec. 15
    scope of, ch 13 Sec. Sec. 11, 15
    Senate, in, see SENATE, PRACTICE IN
    tabling motion to instruct, ch 13 Sec. 12
    times for giving, ch 13 Sec. 12
    withdrawal of motion, ch 13 Sec. 13
  Meetings--
    open or closed, ch 13 Sec. 10
    points of order, procedures as basis of, ch 13 Sec. 10
  Removal of, ch 13 Sec. 8
  Resignation of, ch 13 Sec. 8

                               CONFERENCE

  Conferees, see CONFEREES OR MANAGERS
  ``Deeming'' bill sent to conference, ch 13 Sec. 4
  Managers, see CONFEREES OR MANAGERS
  Motion to go to conference--
    committee authorization, ch 13 Sec. 3
    debate on, ch 13 Sec. 3
    form, ch 13 Sec. 3
    privileged under certain conditions, ch 13 Sec. 3
    recognition for, ch 46 Sec. 16
    rejection of, repetition after, ch 13 Sec. 4
    time for offering, ch 13 Sec. 4
  Papers, possession of--
    action on report, having custody prior to, ch 13 Sec. 29
    practice as to taking custody, generally, ch 13 Sec. 29
    request for conference, House in possession of papers makes, ch 13 
        Sec. Sec. 1, 4

[[Page 972]]

  Purpose generally, ch 13 Sec. Sec. 1, 2
  Questions for conference, generally, ch 13 Sec. 2
  Reports, see CONFERENCE REPORTS
  Request for, by House in possession of papers, ch 13 Sec. Sec. 1, 4
  Request for or agreement to conference--
    ``deeming'' bill sent to conference, ch 13 Sec. 4
    motion, by, see above, Motion to go to conference
    unanimous consent, by, ch 13 Sec. Sec. 3, 4
  Scope of conference--
    amounts in bill, differences as to, ch 13 Sec. 9
    dates, disagreement as to, ch 13 Sec. 9
    disagreement, matters in, as determining scope, ch 13 Sec. 9
    instructions to conferees as referring to matters beyond scope, see 
        CONFEREES OR MANAGERS
    law, existing, differences concerning amendment of, ch 13 Sec. 9
    numbers in bill, differences as to, ch 13 Sec. 9
    Senate scope rule, ch 13 Sec. 21
  Special rule, amendments sent to conference pursuant to, ch 13 Sec. 5

                           CONFERENCE REPORTS

  Appropriation in Senate amendment to legislative bill, ch 13 Sec. 24
  Availability for three days, requirement of--
    last six days of session, not applicable during, ch 13 Sec. 30
    waiver of rule, ch 13 Sec. 30
  Availability on floor for two hours prior to consideration, ch 13 
      Sec. 30
  Budget resolutions, see BUDGET PROCESS
  Calling up--
    manager, senior, for House may call up, ch 13 Sec. 31
    recognition to call up, ch 46 Sec. 16
  Consideration, question of--
    points of order, may be raised before, ch 13 Sec. 27
  Considered in House rather than Committee of the Whole, ch 12 Sec. 2
  Correction of errors, ch 13 Sec. 19
  Debate on--
    amendments in disagreement, allocation and control of time on 
        motions to dispose of, ch 13 Sec. Sec. 33, 34
    close, right to, ch 13 Sec. 33
    defeat of original motion, effect of, ch 13 Sec. 34
    division of question on motion to recede and concur, debate 
        following, ch 13 Sec. 34
    division of time, ch 13 Sec. 33
    extension of, ch 13 Sec. 33
    hour rule, applicability of, ch 13 Sec. 33; ch 16 Sec. 45
    open, right to, ch 13 Sec. 33
    opposition, debate in, where parties support report, ch 13 Sec. 33
    preferential motion, effect of, ch 13 Sec. 34
    recognition, ch 13 Sec. 34
    three-way division of time, ch 13 Sec. 33
    yielding time, ch 13 Sec. 34
  Disagreement, total, report filed in--
    amendments in disagreement, action taken on, ch 13 Sec. 38
    debate and voting, ch 13 Sec. 38
    Senate, procedure in, ch 13 Sec. 38
  En bloc consideration--
    amendments in disagreement, ch 13 Sec. 32
    conference reports, ch 13 Sec. 32
  Explanatory statements, see below, Statements, explanatory, by 
      managers
  Filing--
    privileged, as, ch 13 Sec. 17
    recommittal, subsequent report after, ch 13 Sec. 17

[[Page 973]]

    three-day lay-over after, requirement of, see above, Availability 
        for three days, requirement of
  Form, generally, ch 13 Sec. 17
  Germaneness issues--
    Senate provisions in conference reports and amendments in 
        disagreement, germaneness of, ch 13 Sec. 23; ch 26 Sec. 34
  Minority views not in order, ch 13 Sec. 17
  Papers, possession of--
    action on report, having custody prior to, ch 13 Sec. 29
    practice as to taking custody, generally, ch 13 Sec. 29
  Points of order--
    appropriation in Senate amendment to legislative bill, ch 13 Sec. 24
    authority, conferees exceeded, ch 13 Sec. 21
    Budget Act, under, ch 13 Sec. Sec. 26, 27
    germane, Senate provisions not, ch 13 Sec. 23
    legislation in Senate provision on House appropriation bill, ch 13 
        Sec. 25
    multiple points of order, ch 13 Sec. 27
    order of ruling on, ch 13 Sec. 27
    scope of differences, disposition of matter not within, ch 13 
        Sec. Sec. 21, 22
    substitutes or modifications adding subjects not committed to 
        conference, ch 13 Sec. 22
    timeliness, ch 13 Sec. Sec. 20, 27
    waiver of (see also, SPECIAL RULES), ch 13 Sec. Sec. 24, 25, 28
  Postponement of consideration, ch 13 Sec. 31
  Precedence of report, ch 13 Sec. 31
  Privilege of report, ch 13 Sec. 31
  Reading of--
    dispensing with, ch 13 Sec. 31
    statement of managers may be read, ch 13 Sec. 31
  Recommendations of managers, ch 13 Sec. 17
  Recommittal of report--
    concurrent resolution, ch 13 Sec. 35
    motion, ch 13 Sec. 35
    unanimous consent, ch 13 Sec. 35
  Reconsider, motion to, see RECONSIDER, MOTION TO
  Rejection of all or part of report, ch 13 Sec. Sec. 36, 37
  Senate legislative provision on House bill, ch 13 Sec. 25
  Senate scope rule, ch 13 Sec. 21
  Signatures--
    argument or exception, attachment of, ch 13 Sec. 18
    exception or argument, attachment of, ch 13 Sec. 18
    majority of managers of each House, ch 13 Sec. 18
    qualification or argument, attachment of, ch 13 Sec. 18
  Statements, explanatory, by managers--
    exceptions or objections, inclusion of, ch 13 Sec. 17
    majority of managers of each House, signed by, ch 13 Sec. 17
    reading of, in lieu of report, ch 13 Sec. 31
    sufficiency of, ch 13 Sec. 17
  Suspension of rules, adoption by, ch 13 Sec. 28
  Voting on report--
    constitutional amendment, report on, ch 13 Sec. 36
    disagreement, total, see above, Disagreement, total, report filed in
    motion to agree considered as pending, ch 13 Sec. 36
    reconsider vote on motion disposing of amendment, motion to, ch 13 
        Sec. 36
    Speaker may put question without motion, ch 13 Sec. 36
    tax increase, see TAX RATE INCREASE, INCOME, REQUIRING THREE-FIFTHS 
        VOTE

[[Page 974]]

    yeas and nays considered ordered on certain reports, ch 13 Sec. 36
  Withdrawal of report, ch 13 Sec. 31

CONGRESSIONAL BUDGET OFFICE, see BUDGET PROCESS

                          CONGRESSIONAL RECORD

  Amendments, printing of, see AMENDMENTS
  Contents, ch 15 Sec. Sec. 2, 5
  Corrections--
    motion, by, ch 15 Sec. 4
    privileges of the House, error as question of, ch 15 Sec. 4
    resolution, by, ch 15 Sec. 4
    timeliness of correction, ch 15 Sec. 4
    typographical and grammatical errors, ch 15 Sec. Sec. 3, 4
  Dispensing with printing requirements, ch 15 Sec. 2
  Expungement--
    extension of remarks, improper inclusions of matter in, ch 15 Sec. 5
    unparliamentary remarks, see WORDS, UNPARLIAMENTARY
  Extension of remarks--
    abuse of leave to print, ch 15 Sec. 5
    Committee of the Whole, limited authority of, ch 15 Sec. 5
    consent of House, with, ch 15 Sec. 5
    extraneous materials, ch 15 Sec. 5
    forms of request that Member or Members may extend remarks, ch 15 
        Sec. 5
    restrictions on insertions, ch 15 Sec. 5
    timeliness of request to extend, ch 15 Sec. 5
    typeface, distinctive, ch 15 Sec. 5
  History, ch 15 Sec. 1
  House Administration, Committee on, jurisdiction of, ch 15 Sec. 1
  Interruption by one not recognized is not carried, ch 15 Sec. 3
  Joint Committee on Printing, authority of, ch 15 Sec. 1
  Matters included, ch 15 Sec. Sec. 2, 5
  Statutes relating to, ch 15 Sec. Sec. 1, 2
  Unparliamentary remarks, deletion or expungement of, see WORDS, 
      UNPARLIAMENTARY
  Withdrawal of unparliamentary words, see WORDS, UNPARLIAMENTARY

CONSIDERATION, CALLING UP MEASURES FOR, see, ORDER OF BUSINESS; PRIVILEGED 
BUSINESS; SPECIAL RULES

           CONSIDERATION OF BILL, SPECIAL ORDER PROVIDING FOR

  Rules, resolution from Committee on, see SPECIAL RULES
  Suspension of the rules, see SUSPENSION OF THE RULES

                       CONSIDERATION, QUESTION OF

  Applicability to particular propositions, ch 41 Sec. 2
  Calendar Wednesday, see CALENDAR WEDNESDAY
  Conference reports, see CONFERENCE REPORTS
  Demand, necessity of to invoke, ch 41 Sec. 1
  Effect, ch 41 Sec. 1
  Purpose, ch 41 Sec. 1
  Subject to, propositions that are, ch 41 Sec. 2
  Subject to, propositions that are not, ch 41 Sec. 3
  Unfunded mandates, points of order against, application to, ch 41 
      Sec. 4

CONVENE, see ASSEMBLY OF CONGRESS

                                CONTEMPT

  Defenses, ch 17 Sec. 4
  Executive privilege, claim of, ch 17 Sec. 4

[[Page 975]]

  Inherent authority of Congress, ch 17 Sec. 1
  Pertinence to legislative purpose, inquiry must have, ch 17 Sec. 4
  President, claim of executive privilege by, ch 17 Sec. 4
  Punishment for, ch 17 Sec. Sec. 1, 2
  Purging contempt, ch 17 Sec. 5
  Reporting citation to House, ch 17 Sec. 2
  Senate, procedure in, ch 17 Sec. 1
  Speaker, duties of, ch 17 Sec. 3
  Statutory contempt procedure, ch 17 Sec. Sec. 1, 2
  United States Attorney, certification to, ch 17 Sec. 3

                               CREDENTIALS

  Certificate of election, copy of, as sufficient, ch 23 Sec. 3
  Certificate of election, official, Member-elect sworn in advance of 
      receipt of, ch 23 Sec. 3
  Election of Members, see ELECTIONS
  Oath, issues raised as to administration of, ch 23 Sec. 3
  Vacancies occurring in first session, Members elected to fill, 
      included on roll after oath administered, ch 5 Sec. 5

                                 DEBATE

  Addressed to Chair, remarks should be, ch 16 Sec. 24
  Allocation of time--
    amendments not yet offered, allocation of time on, by unanimous 
        consent in Committee of the Whole, ch 16 Sec. 57
    Chair, role of, where debate on amendment has been limited, see 
        below, Five-minute rule
    Committee of the Whole, allocation of time by unanimous consent in, 
        on amendments not yet offered, ch 16 Sec. 57
    Committee of the Whole, general debate in, see below, General debate 
        in Committee of the Whole
    five-minute debate, see below, Five-minute rule, debate under
    forty-minute debate, ch 16 Sec. 46
    hour-rule, see below, Hour rule
    limitation on debate, recognition after, ch 46 Sec. 15
    twenty-minute debate, ch 16 Sec. 46
  Appropriation bills, see APPROPRIATION BILLS
  Budget resolutions, see BUDGET PROCESS
  Close debate, right to--
    adversely reported bill, ch 16 Sec. 11
    amendment, debate on, ch 16 Sec. 12
    amendments, debate on, ch 46 Sec. 9
    committee of primary jurisdiction, manager representing, ch 16 
        Sec. 11
    four Members, where debate divided among, ch 16 Sec. 11
    general debate, ch 46 Sec. 8
    general debate, majority manager has right to close, ch 16 Sec. 10
    instruct conferees, on motion to, see CONFEREES OR MANAGERS
    manager of bill or resolution, ch 46 Sec. Sec. 8, 9
    manager of measure who opposes amendment is entitled to close debate 
        thereon, ch 2 Sec. 35
    manager, majority, has right to close general debate, ch 16 Sec. 10
    manager, qualification as, ch 16 Sec. 12
    proponent of amendment under certain conditions, ch 46 Sec. 9
    reverse order of original allocation, closing in, in certain 
        instances, ch 16 Sec. 11
    unreported measure, ch 16 Sec. 11
  Closing debate in House--
    generally, ch 16 Sec. 49
    previous question, motion for, see PREVIOUS QUESTION

[[Page 976]]

  Closing five-minute debate, see below, Five-minute rule, debate under
  Closing general debate in Committee of the Whole, see below, General 
      debate in Committee of the Whole
  Committee of the Whole, in, see below, Five-minute rule, debate under, 
      and General debate in Committee of the Whole
  Conference reports, on, see CONFERENCE REPORTS
  Control of time--
    amendment, between proponent and opponent of, ch 16 Sec. Sec. 12, 14
    Committee of the Whole, allocation of time by unanimous consent in, 
        on amendments not yet offered, ch 16 Sec. 57
    Committee of the Whole may not change House order designating 
        Members in control of general debate, ch 16 Sec. 52
    committees, where jurisdiction shared by, ch 16 Sec. 10
    delegation of, ch 16 Sec. 10
    jurisdiction of two or more committees, matter within, ch 16 
        Sec. Sec. 10, 14
    manager of bill for majority, ch 16 Sec. 10
    opposed, control of one-third of time by one who is, in certain 
        instances, ch 16 Sec. 11
    previous question, Member controlling time may move (see also 
        PREVIOUS QUESTION), ch 16 Sec. 49
    relinquishing control, ch 16 Sec. 10
    yielding time, see below, Yielding time for amendment; Yielding time 
        for debate
  Debatable, matters that are not, generally, ch 16 Sec. 9
  Division of time, see above, Allocation of time
  Executive officials, criticism of, in debate, ch 16 Sec. 25
  Exhibits, see EXHIBITS
  Expiration of time, effect of--
    amendments, offering, after expiration of time, ch 2 Sec. Sec. 26, 
        35
    Congressional Record, debate on amendments printed in, where offered 
        after expiration of debate time, ch 2 Sec. Sec. 26, 35
  Five-minute rule, debate under--
    amendment, reading bill for, see AMENDMENTS
    amendments, debate on, ch 12 Sec. 13
    amendments, restrictions on, imposed by special rule, ch 16 Sec. 54
    appropriation bills, see APPROPRIATION BILLS
    Chair's allocation of time under limitation, ch 16 Sec. 59
    closing five-minute debate by motion, ch 16 Sec. 56
    closing five-minute debate by unanimous consent, ch 16 Sec. 57
    extending debate, ch 16 Sec. 55
    extending Member's time, ch 16 Sec. 54
    limitation on debate, recognition after, ch 46 Sec. 15
    limitation on time, rescission or modification of, ch 16 Sec. 57
    limit debate, House action to, ch 16 Sec. 55
    limiting debate, ch 16 Sec. Sec. 55-57
    motion in Committee of the Whole to limit debate may not allocate or 
        reserve time, ch 16 Sec. 58
    motions to limit or close debate, ch 16 Sec. Sec. 56, 58
    once, speaking more than, ch 16 Sec. 54
    opposition, recognition where floor not claimed in, ch 16 Sec. 54
    precedence of five-minute speech to explain amendment over amendment 
        to amendment, ch 16 Sec. 54
    pro forma amendments precluded where special rule permits only 
        designated amendments, ch 16 Sec. 54

[[Page 977]]

    proponent and opponent of amendment each allowed five minutes, ch 2 
        Sec. 35
    reading for amendment, see AMENDMENTS
    recognition after limitation on debate, ch 46 Sec. 15
    recognition, generally, ch 46 Sec. 14
    relevancy in debate, requirement of, see below, Relevancy
    reserving time not permitted, ch 16 Sec. 54
    rise, adoption of motion to, as affecting time remaining for debate 
        on amendment, ch 16 Sec. 59
    rule, applicable, terms of, ch 16 Sec. 54
    standing, Member recognized must remain, ch 12 Sec. 13
    time, expiration of, offering amendments after, ch 2 Sec. Sec. 26, 
        35
    unanimous consent to close or limit debate in Committee of the 
        Whole, ch 16 Sec. 57
    withdrawal of amendment, ch 12 Sec. 13
    yield for amendment, Member holding floor may not, ch 2 Sec. 20; ch 
        16 Sec. 16
    yielding time generally, ch 12 Sec. 13; ch 16 Sec. Sec. 15, 54
  Floor, surrendering, ch 16 Sec. 17
  Forty-minute debate--
    debate on certain propositions, in absence of, prior to ordering 
        previous question, ch 16 Sec. 46
    division of time, ch 16 Sec. 46
    motions to which applicable, ch 16 Sec. 46
  Gallery, references to, see GALLERIES
  General debate in Committee of the Whole--
    absence of Members of reporting committee, effect of, ch 16 Sec. 52
    close, motion to, not in order in Committee of the Whole, ch 16 
        Sec. 53
    closing generally, ch 12 Sec. 12
    closing, by unanimous consent, in absence of order of House, ch 16 
        Sec. 53
    control of time, changing House order designating Members in, not 
        permitted in Committee of the Whole, ch 16 Sec. 52
    extended, time fixed may not be, by Committee of the Whole, ch 12 
        Sec. 11
    House, allocation and duration of time fixed by, ch 12 Sec. 11; ch 
        16 Sec. 52
    special rule, allocation and duration pursuant to (see also SPECIAL 
        RULES), ch 16 Sec. 51
  Hour rule--
    applicability, generally, ch 16 Sec. 45
    Committee of the Whole, applicable in, where House has not fixed 
        time for general debate, ch 12 Sec. 11; ch 16 Sec. 52
    conference reports, see CONFERENCE REPORTS
    limitation on time, applicability in absence of, ch 16 Sec. Sec. 44, 
        45
    measures to which hour rule applicable, ch 16 Sec. 45
    motions to which hour rule applicable, ch 16 Sec. 45
    order or other rule of House, superseded by, ch 16 Sec. 45
    resolutions and other business to which applicable, ch 16 Sec. 45
    rules, adoption of, applicability prior to, ch 16 Sec. 45
    Senate amendments, motions to dispose of, see SENATE AMENDMENTS
    special rule, superseded by, ch 16 Sec. 45
    yielding time generally, ch 16 Sec. Sec. 10, 15

[[Page 978]]

    yielding to Member who has consumed one hour, ch 12 Sec. 11
  House as in Committee of the Whole, in--
    enacting clause, motion to strike, ch 16 Sec. 47
    extension of five-minute debate in, ch 16 Sec. 47
    five-minute rule, under, ch 16 Sec. 47
  Initiating debate without motion, methods of, ch 16 Sec. 1
  Interruption by one not yielded to, effect of, ch 16 Sec. Sec. 15, 17
  Limitation on debate, see below, Time, limitations on
  Manager of bill, role of--
    amendment, may be recognized in opposition to, ch 16 Sec. 14
    control exercised by, ch 16 Sec. Sec. 10, 12
    qualification as manager, ch 16 Sec. Sec. 12, 14
    unreported measure, ch 16 Sec. 12
  Morning-hour debate--
    leadership, lists of Members seeking recognition submitted by, ch 16 
        Sec. 50
  Nondebatable matters, generally, ch 16 Sec. 9
  Notice of motion to instruct conferees given during debate on pending 
      question, see CONFEREES OR MANAGERS
  One-minute speeches, see ONE-MINUTE SPEECHES
  Order, maintaining, see, e.g., DECORUM; WORDS, UNPARLIAMENTARY
  Papers, reading, ch 16 Sec. 60
  Parliamentary inquiries, see PARLIAMENTARY INQUIRY
  President, references to, see WORDS, UNPARLIAMENTARY
  Pro forma amendments--
    allocate or reserve time, Member recognized to debate pro forma 
        amendment may not, ch 2 Sec. 8
    closed rule, not in order under, ch 12 Sec. 14
    debate on, scope of, ch 2 Sec. 8
    distinguished from substantive amendments, ch 2 Sec. 8
    extending time by offering additional, not permitted, ch 16 Sec. 54
    five-minute rule, use of pro forma amendments during debate under, 
        for purpose of obtaining recognition for debate, ch 2 Sec. 8
    opposition to pro forma amendment, Member may be recognized in, 
        after occupying five minutes on his own pro forma amendment, ch 
        2 Sec. 8
    point of order that pro forma amendment constitutes amendment in 
        third degree, ch 2 Sec. 14
    reserve or allocate time, Member recognized to debate pro forma 
        amendment may not, ch 2 Sec. 8
    special rule permitting only designated amendments, effect of, ch 16 
        Sec. 54
    substantive amendment, recognition of Member who has spoken on, ch 
        12 Sec. 14
    substitute, after adoption of, ch 16 Sec. 54
    substitute amendment, effect of adoption of, on subsequent pro forma 
        amendments, ch 2 Sec. 8
    third degree, point of order that pro forma amendment constitutes 
        amendment in, ch 2 Sec. 14
    time, allocation or reservation of, after recognition not permitted, 
        ch 16 Sec. 54
    time, restrictions on extension of, by Member who has occupied five 
        minutes on pro forma amendment, ch 2 Sec. 8
    use of, ch 2 Sec. 8

[[Page 979]]

  Relevancy--
    disciplinary action, scope of debate as to, ch 16 Sec. 18
    five-minute rule, scope of debate under, ch 16 Sec. 20
    general debate in Committee of the Whole, ch 16 Sec. 19
    history of rule, ch 16 Sec. 18
    one-minute speeches, rule not normally applied to, ch 16 Sec. 18
    point of order, absence of, effect of, ch 16 Sec. 18
    privilege, personal, debate on question of, ch 16 Sec. 18
    special-order speeches, rule not ordinarily applied to, ch 16 
        Sec. 18
    special rule, debate on, ch 16 Sec. 18
    special rule, effect of terms of, ch 16 Sec. Sec. 19, 20
    unanimous consent to address House, effect of, ch 16 Sec. 18
    unreported bill on same subject as pending bill, discussion of, ch 
        16 Sec. 18
  Senate, references to, see SENATE, REFERENCES TO, IN DEBATE
  Special-order speeches, see SPECIAL-ORDER SPEECHES
  Special rule, allocation of time by, see SPECIAL RULES
  Special rules, modification of terms of, in Committee of the Whole, 
      generally, see SPECIAL RULES
  Statutory limitations on, see below, Time, limitations on
  Television audience, remarks should not be addressed to, ch 16 Sec. 24
  Ten-minute debate--
    amendments offered after close of general or five-minute debate, on, 
        ch 16 Sec. 46
    division of time, ch 16 Sec. 46
    motions, on certain, ch 16 Sec. 46
  Time, charging, when used for purposes other than debate--
    limitation on debate, form of, as affecting timekeeping, ch 16 
        Sec. 59
  Time, extending--
    Committee of the Whole may not extend general debate, ch 16 Sec. 52
    division of time, providing for, ch 16 Sec. 48
    five-minute rule, House action extending time under, ch 16 Sec. 55
    hour rule, under, ch 16 Sec. 48
    privileged resolutions, ch 16 Sec. 48
    privilege, personal, question of, ch 16 Sec. 48
    special rule, ch 16 Sec. 48
    statutory time limitations, effect of, ch 16 Sec. 48
    unanimous consent, ch 16 Sec. 48
  Time, limitations on--
    generally, ch 16 Sec. 9
    allocation by Chair of time remaining on amendments, ch 16 Sec. 59
    certain, time, limitation on debate to a, ch 16 Sec. 59
    Chair, discretion of, on certain questions, ch 16 Sec. 44
    charging time used for purposes other than debate, ch 16 Sec. 59
    Committee of the Whole, general debate in, ch 16 Sec. 53
    five-minute rule, House action to limit debate under, ch 16 Sec. 55
    five-minute rule, motion to limit or close debate under, in 
        Committee of the Whole, ch 16 Sec. 56
    five-minute rule, unanimous consent to close or limit debate under, 
        in Committee of the Whole, ch 16 Sec. 57
    general debate in Committee of the Whole, ch 16 Sec. 53
    hour rule, applicability of, in absence of express limitation, see 
        above, Hour rule
    motion in House, by, ch 16 Sec. 53
    motion in Committee of the Whole to limit debate under five-minute 
        rule may not allocate or reserve time, ch 16 Sec. 58

[[Page 980]]

    rescission or modification of, ch 16 Sec. 57
    special rules (see also SPECIAL RULES), ch 16 Sec. Sec. 44, 48
    statutory time limitations on certain propositions, ch 16 Sec. 48
    unanimous consent in Committee of the Whole, closing debate by, in 
        absence of order of House, ch 16 Sec. 53
    unanimous consent in House, by, ch 16 Sec. Sec. 48, 53
  Twenty-minute debate--
    close, right to, ch 16 Sec. 46
    discharge, motions to, ch 16 Sec. 46
    division of time, ch 16 Sec. 46
    Federal mandates, where point of order raised against, ch 16 Sec. 46
  Yielding time for amendment--
    amendment to amendment, ch 16 Sec. 16
    five-minute rule, not permitted under, ch 2 Sec. 20; ch 16 Sec. 16
    floor, losing the, ch 16 Sec. 16
    House, in, ch 16 Sec. 16
  Yielding time for debate--
    Committee of the Whole, in, ch 16 Sec. 15
    committees, where jurisdiction shared by, ch 16 Sec. 10
    discretionary with Member in control, ch 16 Sec. 15
    effect of yielding, ch 16 Sec. 15
    five-minute debate, during, ch 16 Sec. 15
    hour rule, under, ch 12 Sec. 11; ch 16 Sec. Sec. 10, 15
    House, in, ch 16 Sec. 15
    interruption by one not yielded to, effect of, ch 16 Sec. Sec. 15, 
        17
    special rules, debate on, ch 16 Sec. 15
    yielded time, yielding during, ch 12 Sec. 11; ch 16 Sec. 15

                         DEBT, PUBLIC, LIMIT ON

  Amendment to budget resolution to change, restriction on, ch 7 Sec. 5
  Automatic increase in, ch 7 Sec. 15
  Budget resolution sets forth appropriate level, ch 7 Sec. 15
  Changes in, ch 7 Sec. 15
  Reconciliation directives as to, ch 7 Sec. 15

                                 DECORUM

  Acts expressly prohibited under rule, ch 16 Sec. 21
  Attire, ch 16 Sec. 21
  Calls to order--
    (see also WORDS, UNPARLIAMENTARY)
    Committee of the Whole, in, ch 16 Sec. 27
    House, in, ch 16 Sec. 26
    procedures available to quell disorder, ch 16 Sec. 26
  Cellular telephones, use of, prohibited on floor and in galleries, ch 
      10 Sec. 3; ch 16 Sec. 21
  Chair as taking initiative in enforcing rules--
    interruption by Member not yielded to, ch 16 Sec. 17
  Electronic devices, use of certain, prohibited on floor, ch 10 Sec. 3
  Exhibits, use of, see EXHIBITS
  Floor, guests on, not in order in debate to refer to, ch 10 Sec. 2
  Interruption of debate by one not yielded to, effect of, ch 16 
      Sec. Sec. 15, 17
  President, references to, see WORDS, UNPARLIAMENTARY
  Prohibited under rule, conduct that is, ch 16 Sec. 21
  Rules, applicable, ch 16 Sec. 21
  Senate, references to, see SENATE, REFERENCES TO, IN DEBATE
  Sergeant-at-arms, role of, in maintaining order, ch 16 Sec. 21
  Speaker, policy statement by, ch 16 Sec. 21
  Time consumed in call to order, charging, ch 16 Sec. 21
  Well, demand to clear the, ch 16 Sec. 21

[[Page 981]]

  Wireless telephones, use of, prohibited on floor and in galleries, ch 
      10 Sec. 3; ch 16 Sec. 21
  Words, unparliamentary, see WORDS, UNPARLIAMENTARY

                   DELEGATES AND RESIDENT COMMISSIONER

  Committee of the Whole, participation in, ch 18 Sec. 4
  Committees, role on, ch 18 Sec. 3
  Discharge motion, may not sign, ch 19 Sec. 4
  Floor privileges, ch 18 Sec. 2
  House, privileges in, ch 18 Sec. 2
  Motions offered by, ch 18 Sec. 2
  Organization of new Congress, role during, ch 5 Sec. 4
  Preside, do not, ch 18 Sec. Sec. 2, 4
  Statutory officers, ch 18 Sec. 1
  Voting by, ch 5 Sec. 4; ch 18 Sec. Sec. 2-4

                    DISAPPROVAL ACTION, CONGRESSIONAL

  Agencies, approval of actions of, ch 14 Sec. 1
  Consideration, procedures for, ch 14 Sec. 3
  Constitutionality, ch 14 Sec. 2
  Discharge from committee, automatic, pursuant to statute, ch 19 Sec. 9
  Discharge, motion to, pursuant to statute, ch 19 Sec. 9
  District of Columbia Home Rule Act, under, see DISTRICT OF COLUMBIA 
      BUSINESS
  Executive branch, approval of actions of, ch 14 Sec. 1
  Joint resolutions, use of, ch 14 Sec. Sec. 1, 2
  Rule-making power, as exercise of, ch 14 Sec. 3
  Special rules, use of, ch 14 Sec. 3
  Statutes governing, ch 14 Sec. 1

                  DISCHARGING MEASURES FROM COMMITTEES

  Consideration of discharged measure--
    debate, ch 19 Sec. 7
    immediate consideration, motion for, ch 19 Sec. 7
    motions available after discharge, ch 19 Sec. 7
  Constitution, discharge of matters privileged under--
    disciplinary actions against Members, ch 19 Sec. 8
    impeachment resolutions (see also IMPEACHMENT), ch 19 Sec. 8
    Member's right to seat, ch 19 Sec. 8
    vetoed bill (see also VETO), ch 19 Sec. 8
  Motion or petition to discharge--
    calling up, ch 19 Sec. Sec. 6, 7
    consideration, procedure for, ch 19 Sec. Sec. 6, 7
    debate on, ch 19 Sec. 6
    filed with Clerk, ch 19 Sec. 2
    intervening motions, ch 19 Sec. 6
    precedence of, ch 19 Sec. 5
    privilege of, ch 19 Sec. 5
    reoffering motion once acted on not in order, ch 19 Sec. 2
    reported, measure may be, before consideration of motion, ch 19 
        Sec. 3
    rule, applicable, ch 19 Sec. Sec. 1, 2
    Rules, Committee on, discharging, ch 19 Sec. 1
    signatures, see below, Signatures required on motion
  Referral of measure with time limit, ch 19 Sec. 1
  Resolution providing for consideration, ch 19 Sec. 1
  Select committee, resolution extending existence of, see SELECT 
      COMMITTEES
  Special rule for consideration of unreported resolution as discharging 
      committee, see SPECIAL RULES

[[Page 982]]

  Signatures required on motion--
    public record, signatures a matter of, ch 19 Sec. 2
  Special rules, procedure applicable to, ch 19 Sec. 3
  Suspension of rules, see SUSPENSION OF RULES
  Time limit, measure referred by Speaker with, ch 19 Sec. 1
  Timetable for discharge procedures, ch 19 Sec. 3
  Unanimous consent in House, by, ch 19 Sec. 1
  Veto message and bill, see VETO

DISCIPLINE OF MEMBER, see ETHICS

                      DISTRICT OF COLUMBIA BUSINESS

  Charter, District of Columbia, Congressional authority over amendments 
      to, ch 20 Sec. 7
  Committee of the Whole, consideration in, ch 20 Sec. 4
  Committee on Government Reform, jurisdiction of, ch 20 Sec. 2
  Congressional authority over legislation--
    delegation of authority, ch 20 Sec. 1
    ``exclusive,'' ch 20 Sec. 1
  Constitutional background, ch 20 Sec. 1
  Council, District of Columbia, Congressional approval of enactments 
      of, ch 20 Sec. 7
  Debate, ch 20 Sec. 5
  District Day, designation of, ch 20 Sec. 2
  Home Rule Act--
    appropriations, Congressional authority over, retained, ch 20 Sec. 1
    disapproval, joint resolutions of, under Act, ch 20 Sec. 7
    procedures under, ch 20 Sec. 7
  House as in Committee of the Whole, consideration in, ch 20 Sec. 4
  Mondays, second and fourth, consideration of business on, ch 20 Sec. 2
  Precedence, ch 20 Sec. 3
  Private bills, ch 20 Sec. 4
  Privileged, status as, for consideration, ch 20 Sec. 3
  Procedure for consideration, ch 20 Sec. Sec. 4, 5, 7
  Unfinished business--
    called up, must be, ch 20 Sec. 6
    District Day, subsequent, may be considered on, ch 20 Sec. 6
    previous question, effect of ordering, ch 20 Sec. 6

                   DIVISION OF THE QUESTION FOR VOTING

  Amendments--
    adoption of amendments to amendment, demand prior to, ch 21 Sec. 8
    amended, as, ch 21 Sec. 8
    Committee of the Whole, amendments under consideration in, ch 21 
        Sec. 8
    en bloc amendments, ch 21 Sec. 9
    House, amendments reported to, from Committee of the Whole, ch 21 
        Sec. 8
    perfecting amendments, ch 21 Sec. 8
    strike, motion to, ch 21 Sec. 10
    substitute, amendment in nature of, ch 21 Sec. 8
  Amendments to divided propositions, ch 21 Sec. 16
  Appeals, divisibility of, ch 21 Sec. 4
  Committees, standing or joint, rule prohibits division of proposition 
      electing Members to, ch 2 Sec. Sec. 1, 6
  Conference report, motion to recommit, with instructions, ch 21 
      Sec. 13
  Consideration of divided propositions--
    amendments to propositions, ch 21 Sec. 16
    debate, ch 21 Sec. 16
    putting the question, ch 21 Sec. 16
    reconsider, motion to, ch 21 Sec. 16
    voting, ch 21 Sec. 16

[[Page 983]]

  Debate on divided propositions, ch 21 Sec. 16
  Demand for, ch 21 Sec. Sec. 3, 8
  Engrossment and third reading of bill, question of, not divisible, ch 
      21 Sec. 4
  Individuals, named, resolutions relating to two or more, ch 21 Sec. 6
  Language, changes in, ch 21 Sec. 2
  Passage, bills and joint resolutions not divisible on, ch 21 Sec. 4
  Previous question on measure and pending amendment, motion for, not 
      divisible, ch 21 Sec. 4
  Putting the question on divided propositions, ch 21 Sec. 16
  Recommit with instructions, motion to, ch 21 Sec. 13
  Resolutions, simple or concurrent, ch 21 Sec. Sec. 4-7
  Rules, Committee on, resolutions from, ch 21 Sec. Sec. 1, 7
  Senate amendments, see SENATE AMENDMENTS
  Separate and distinct propositions, question to be divided must 
      consist of, ch 21 Sec. 2
  Special rule not divisible, ch 21 Sec. 1
  Strike and insert, motion to, not divisible, ch 21 Sec. Sec. 1, 11
  Strike, motions to, ch 21 Sec. 10
  Suspend the rules, motions to, ch 21 Sec. 12
  Table, motion to, ch 21 Sec. 14
  Tests of divisibility, ch 21 Sec. 2
  Voting on divided propositions, ch 21 Sec. 16

                     ELECTION CONTESTS AND DISPUTES

  (See also ELECTIONS)
  Constitutional right of House to be judge of elections and 
      qualifications of Members, ch 22 Sec. 2
  Dismissal of contest--
    burden of proof to prevent, ch 22 Sec. 5
    House, summary dismissal by, ch 22 Sec. 2
    motion to dismiss, ch 22 Sec. 5
  Federal Contested Elections Act, procedures under, ch 22 Sec. 1
  House Administration, Committee on--
    jurisdiction of, ch 22 Sec. 2
    resolutions reported from, ch 22 Sec. Sec. 4, 5
  Initiation of contests by means other than statutory procedure, ch 22 
      Sec. 1
  Judge of elections, each House as, ch 22 Sec. 2
  Jurisdiction over contests--
    House Administration, Committee on, ch 22 Sec. 2
    select committees, investigations by, ch 22Sec. 2
    special committee or ad hoc panel, ch 22 Sec. 2
  Oath, deferring administration of, ch 22 Sec. 2
  Notice of contest, ch 22 Sec. Sec. 1, 2
  Parties--
    debate, participation in, ch 22 $6
    floor privileges, ch 22 Sec. 6
    standing to initiate contest, who has, ch 22 Sec. 3
  Precedence of, ch 22 Sec. 4
  Privilege, as raising question of, ch 22 Sec. 4
  Recounts--
    exhaustion of State remedies, ch 22 Sec. 2
    House order, ch 22 Sec. 2
  Resolution, disposition by--
    amendments, ch 22 Sec. 6
    debate, ch 22 Sec. 6
    privilege, as question of, ch 22 Sec. 4
    remedies pursuant to resolution, ch 22 Sec. 4
    unreported resolutions, ch 22 Sec. 4
    voting, ch 22 Sec. 6
  Standing to initiate contest, who has, ch 22 Sec. 3

[[Page 984]]

  Statute, governing, procedures under, ch 22 Sec. 1

                                ELECTIONS

  Apportionment--
    jurisdiction of Congress over, ch 23 Sec. 1
    methods, ch 23 Sec. 1
  Campaign practices--
    ethical standards, see ETHICS
    Federal Election Campaign Act, ch 23 Sec. 2; ch 25 Sec. 12
    financing, campaign, ch 23 Sec. 2; ch 25 Sec. 12
    regulation of, ch 23 Sec. 2
  Certificates of election--
    challenges to validity, ch 23 Sec. 3
    copy of, as sufficient, ch 23 Sec. 3
    nullification of, circumstances requiring, ch 23 Sec. 3
    oath, issues raised as to administration of, ch 23 Sec. 3
  Constitutional right of House to be judge of elections and 
      qualifications of Members, ch 23 Sec. 1
  Contests and disputes, see ELECTION CONTESTS AND DISPUTES
  Contributions, political, soliciting, see ETHICS
  Ethical standards, see ETHICS
  Federal Election Campaign Act, regulation of campaigns under, ch 23 
      Sec. 2; ch 25 Sec. 12
  Federal Election Commission, role of, ch 23 Sec. 2; ch 25 Sec. 12
  President and Vice President, election of--
    (see also ELECTORAL VOTE)
    House Administration, jurisdiction of Committee on, over measures 
        relating to, ch 23 Sec. 2
  Reapportionment--
    jurisdiction of Committee on the Judiciary, ch 23 Sec. 1
  Resignation--
    election, special, to fill vacancy, ch 23 Sec. 4
    procedure for, ch 23 Sec. 4
  States, role of, in conducting, ch 23 Sec. 1
  Vacancy--
    election, special, to fill, ch 23 Sec. 4
    exclusion or expulsion of Member, due to, ch 23 Sec. 4
    illness, due to, ch 23 Sec. 4
    resolution declaring, ch 23 Sec. 4

                             ELECTORAL VOTE

  Certificates identifying electors--
    conflicting certificates, ch 24 Sec. 3
    counting certificates, ch 24 Sec. 3
    statutory procedures, ch 24 Sec. 1
    validity of, determining, ch 24 Sec. 3
  Constitutional requirements, ch 24 Sec. 1
  Counting, procedures for--
    date, ch 24 Sec. 2
    debate not permitted, ch 24 Sec. 3
    certificates, see above, Certificates identifying electors
    joint session, ch 24 Sec. 2
    presiding officer, ch 24 Sec. 3
  Electors, role of, ch 24 Sec. 1
  Fraud or procedural irregularities, statutes addressing, ch 24 Sec. 1
  House and Senate, role of, where candidates do not receive majority, 
      ch 24 Sec. 1
  Joint session to count vote--
    certificates, see above, Certificates identifying electors
    date of, ch 24 Sec. 2
    dividing to consider objections and other matters, ch 24 Sec. 3
    procedures, ch 24 Sec. 2
  Objections to votes--
    procedure for consideration of, ch 24 Sec. 3
    procedure for raising, ch 24 Sec. 3
  Statutes, procedures under--
    count, procedure for, ch 24 Sec. 2
    fraud or procedural irregularities, statutes addressing, ch 24 
        Sec. 1

[[Page 985]]

ELECTRONIC DEVICES, USE OF CERTAIN PERSONAL, PROHIBITED ON FLOOR, see 
DECORUM

ELECTRONIC SIGNALS AND BELLS, see BELLS AND SIGNALS

ELECTRONIC VOTING SYSTEM, see VOTING

                            EMPLOYEES, HOUSE

  Committee staff, see COMMITTEES, STANDING
  Ethics, see ETHICS

                   ENACTING CLAUSE, MOTION RELATING TO

  Debate on, in Committee of the Whole, ch 16 Sec. 54
  House as in Committee of the Whole, motion in, to strike enacting 
      clause, ch 16 Sec. 47
  Recommendation that enacting clause be stricken--
    debate on bill, limitation on, effect of, ch 12 Sec. 24
    debate on motion, ch 12 Sec. 24
    debate, scope of, ch 12 Sec. 24
    form, ch 12 Sec. 22
    opposed to bill, Member offering motion must qualify as, ch 12 
        Sec. 22
    precedence of, ch 12 Sec. 21
    recommittal, automatic, after disagreeing to, ch 48 Sec. 8
    rejection in House, effect of, ch 12 Sec. 22; ch 48 Sec. 8
    repetition of motion, ch 12 Sec. 22
    resolving clauses of resolutions, application to, ch 12 Sec. 22
    Senate-passed bill, applicable to, ch 12 Sec. 22
    time for offering, ch 12 Sec. Sec. 21, 23
    writing, requirement of, ch 12 Sec. 22
  Strike enacting clause, motion to--
    Committee of the Whole, motion in, is only to recommend to House 
        that enacting clause be stricken, ch 2 Sec. 9
    Committee of the Whole, not in order in, ch 12 Sec. 22
    precedence over motion to amend, ch 2 Sec. Sec. 5, 9, 21
    refer, motion to, pending, see REFERRAL OF BILLS, RESOLUTIONS, AND 
        OTHER MATTER
    rejection of bill, motion used for, ch 2 Sec. Sec. 5, 21
    rejection of motion, effect of, ch 2 Sec. 9

                               ENGROSSMENT

  Correcting errors--
    engrossment, in, ch 44 Sec. 7
    printing errors, ch 44 Sec. 8
    ``star prints,'' ch 44 Sec. 8
  Division of the question, engrossment and third reading of bill as not 
      subject to demand for, see DIVISION OF THE QUESTION FOR VOTING
  House-passed bills, ch 44 Sec. 6
  ``Star prints,'' ch 44 Sec. 8

                               ENROLLMENT

  Certification and signing, ch 44 Sec. 11
  Corrections in, ch 44 Sec. 12
  President, delivery of measure to, ch 44 Sec. Sec. 10, 13

                                 ETHICS

  Campaign funds, violations of laws regulating--
    contributions, campaign, funds considered to be, ch 25 Sec. 12
    Federal Election Campaign Act, ch 25 Sec. 12
    Federal Election Commission, role of, ch 25 Sec. 12
    personal use of campaign funds prohibited, ch 25 Sec. 12
    reporting requirements, ch 25 Sec. 12

[[Page 986]]

  Caucus, role of, in imposing discipline, ch 25 Sec. 26
  Censure--
    apologies, effect of, ch 25 Sec. 24
    conduct for which Member censured, illustrative instances of, ch 25 
        Sec. 23
    constitutional authority, ch 25 Sec. 22
    explanation by Member, effect of, ch 25 Sec. 24
    expungement of, ch 25 Sec. 22
    grounds for, ch 25 Sec. 23
    official duties, not limited to acts relating to, ch 25 Sec. 23
    privilege, question of, resolution presents, ch 25 Sec. 24
    reconsideration of, ch 25 Sec. Sec. 22, 24
    reprimand, distinguished from, ch 25 Sec. Sec. 22, 23
    resolutions, ch 25 Sec. 24
    vote on, ch 25 Sec. 22
    withdrawal of resolution, ch 25 Sec. 24
  Complaints--
    debate, references in, to content of, see, e.g., DECORUM; WORDS, 
        UNPARLIAMENTARY
    disclosure of contents, ch 25 Sec. 5
    false charges, ch 25 Sec. 5
    form, ch 25 Sec. 5
    Member, filed or certified by, ch 25 Sec. 5
    oath, under, ch 25 Sec. 5
    requirements as to, ch 25 Sec. 5
    writing, in, ch 25 Sec. 5
  Code of Ethics for Government Service--
    concurrent resolution, established by, ch 25 Sec. 8
    employees, government, applicability to, ch 25 Sec. 8
    Members, as basis for disciplinary proceedings against, ch 25 Sec. 8
  Code of Official Conduct--
    ``creditably,'' conduct must reflect, on House, ch 25 Sec. 7
    history, ch 25 Sec. 7
    statute, violations of, as basis for invoking general provisions of, 
        ch 25 Sec. 7
  Committee chairman, disciplinary measures against, see below, 
      Disciplinary measures
  Congressional Accountability Act, see below, Discrimination in 
      employment
  Contributions, political--
    misuse of, see above, Campaign funds, violations of laws regulating
    soliciting, from Federal employees, ch 25 Sec. 13
  Counsel, presence of, permitted during House consideration of 
      disciplinary action against Member, ch 25 Sec. 19
  Disciplinary measures--
    generally, ch 25 Sec. Sec. 1, 19
    caucus rules, under, ch 25 Sec. 26
    censure, see above, Censure
    committee chairman, restriction on authority of, ch 25 Sec. 26
    committees and subcommittees, participation on, ch 25 Sec. 26
    court proceedings, effect of pendency of, on disciplinary action by 
        House, ch 25 Sec. 19
    criminal statutes, punishment under, distinguished, ch 25 Sec. 1
    expulsion, see below, Expulsion
    fines, ch 25 Sec. 25
    imprisonment, ch 25 Sec. 1
    letter of reproval, ch 25 Sec. 27
    reprimand, ch 25 Sec. Sec. 15, 16, 22, 23
    reproval, letter of, ch 25 Sec. Sec. 19, 27
    resolutions and reports, see below, Resolutions and reports
    restitution, ch 25 Sec. 25
    seniority, reduction in, ch 25 Sec. 26
  Discrimination in employment--
    Congressional Accountability Act, ch 25 Sec. 11
    conditions of employment, in, ch 25 Sec. 11

[[Page 987]]

    history of rules on employment practices, ch 25 Sec. 11
  Employees, government, see above, Code of Ethics for Government 
      Service
  Exclusion not properly used as disciplinary measure, ch 25 Sec. 1
  Expulsion--
    constitutional sanction, ch 25 Sec. 1
    exclusion, distinguished from, ch 25 Sec. 1
    procedure, ch 25 Sec. 21
    resolutions, ch 25 Sec. 21
  False charges in complaint, see above, Complaints
  False Claims Act--
    knowing submission of fraudulent claim, ch 25 Sec. 10
    travel vouchers, false, applicable to, ch 25 Sec. 10
  Federal Election Campaign Act--
    campaign funds, use of, ch 25 Sec. 12
    Federal Election Commission, role of, ch 25 Sec. 12
    violations of, ch 25 Sec. 12
  Financial disclosure--
    employees of House, certain, ch 25 Sec. 16
    gifts, disclosure of, ch 25 Sec. Sec. 15, 16
    Members, ch 25 Sec. 16
    Officers of House, ch 25 Sec. 16
  Fines, see above, Disciplinary measures
  Gifts--
    censure imposed, ch 25 Sec. 15
    cumulative value of gifts from one source, limitation on, ch 25 
        Sec. 15
    reprimand for failure to disclose, ch 25 Sec. 15
    rules on gifts and travel compiled by Committee on Standards of 
        Official Conduct, ch 25 Sec. 15
  Hiring allowance, misuse of--
    performance of staff member to be commensurate with compensation, ch 
        25 Sec. 10
    personal expenses, use of allowance for, ch 25 Sec. 10
  Honoraria, restrictions as to, ch 25 Sec. 14
  Income, earned, limitations on, ch 25 Sec. 14
  Investigations--
    complaints, see above, Complaints
    initiating, ch 25 Sec. 5
  Persons subject to disciplinary procedures, ch 25 Sec. Sec. 2, 6
  Powell v. McCormack, ch 25 Sec. 1
  Professional practice, restrictions on, ch 25 Sec. 17
  Reprimand, see above, Disciplinary measures
  Resolutions and reports--
    debate on, ch 25 Sec. 19
    dismissal of charges, committee report after, ch 25 Sec. 19
    privileged, as, ch 25 Sec. 19
    privilege, question of, resolution proposing disciplinary action 
        against Member may be called up as, ch 25 Sec. 19
  Seniority, reduction in, see above, Disciplinary measures
  Soliciting political contributions from Federal employees, prohibition 
      on, ch 25 Sec. 13
  Standards of Official Conduct, Committee on--
    advisory opinions of, ch 25 Sec. 4
    disclosure of subject matter of complaint filed, ch 25 Sec. 5
    gifts and travel, rules as to, compiled by, ch 25 Sec. 15
    investigative jurisdiction, ch 25 Sec. 2
    legislative jurisdiction, ch 25 Sec. 2
    membership, ch 25 Sec. 3
    party representation on, ch 11 Sec. 5; ch 25 Sec. 3
    persons subject to investigation by, ch 25 Sec. Sec. 2, 6
    publications of, ch 25 Sec. 4
    report following dismissal, ch 25 Sec. 19

[[Page 988]]

    report, privileged, filed with resolution recommending disciplinary 
        action, ch 25 Sec. 19
    reports and recommendations, ch 25 Sec. Sec. 2, 19
    rules of, ch 25 Sec. Sec. 1, 2
    time, limitation on length of, Members may serve on, ch 25 Sec. 3
  Statutes, violations of--
    conviction as basis for investigation, ch 25 Sec. 9
    conviction, effect of, on disciplinary proceedings in House, ch 25 
        Sec. 19
    discrimination in employment, see above, Discrimination in 
        employment
    False Claims Act, see above, False Claims Act
    Federal Election Campaign Act, ch 25 Sec. 12
    soliciting political contributions from Federal employees, ch 25 
        Sec. 13
  Time of committing acts in question--
    prior Congress, in, ch 25 Sec. Sec. 16, 18
    prior to becoming Member, ch 25 Sec. 18
  Travel, rules as to, compiled by Committee on Standards of Official 
      Conduct, ch 25 Sec. 15
  Voting by Members convicted of certain crimes, rules as to, ch 25 
      Sec. Sec. 19, 26

                           EXCLUSION OF MEMBER

  Expulsion, distinguished from, ch 25 Sec. 1
  Powell v. McCormack, ch 25 Sec. 1
  Qualifications of Members, constitutional right of House to determine, 
      ch 25 Sec. 1

                                EXHIBITS

  Accuracy of content of, not proper subject of parliamentary inquiry, 
      ch 16 Sec. 61
  Badges, ch 16 Sec. 21
  Bumper sticker, ch 16 Sec. 62
  Charts, ch 16 Sec. Sec. 21, 61
  Decorum, requirements as to, ch 16 Sec. 62
  Demeaning or disruptive exhibits, ch 16 Sec. 21
  Electronic voting display, use of, as exhibit not permitted, ch 16 
      Sec. 61
  Handouts, guidelines concerning, ch 16 Sec. 62
  House, submitting question of propriety of exhibit to, ch 16 Sec. 21
  Inquiry by Speaker as to intended use, ch 16 Sec. 62
  Objection, effect of, ch 16 Sec. 61
  Permitted, illustrative list of exhibits that have been, ch 16 Sec. 61
  Person, use of, as ``exhibit'' not permitted, ch 16 Sec. 61
  Removal of exhibit not in use, ch 16 Sec. 61
  Video recorder, use of, as exhibit not permitted, ch 16 Sec. 61

FIVE-MINUTE RULE, see DEBATE

                          FLOOR, PRIVILEGES OF

  Abuse of privileges, ch 10 Sec. 2
  Admission to Floor, rule governing, ch 10 Sec. 2
  Ceremonial occasions, ch 10 Sec. 2
  Guests, references to, ch 10 Sec. 2
  Members, former, ch 10 Sec. 2
  Officials, ch 10 Sec. 2
  Point of order to object to presence of unauthorized persons, ch 10 
      Sec. 2
  Rule governing admission to Floor, ch 10 Sec. 2
  Senators, privileges of, ch 10 Sec. 2
  Staff, Congressional, ch 10 Sec. 2

                                GALLERIES

  Approval or disapproval not to be expressed in, ch 10 Sec. 4
  Cellular telephones, use of, prohibited, ch 10 Sec. 3
  Procedure in cases of disturbance in, ch 10 Sec. 4

[[Page 989]]

  Reference to or introduction of persons in, not in order, ch 10 
      Sec. 4; ch 16 Sec. 24

                        GENERAL ACCOUNTING OFFICE

  Legislative Reorganization Act, provisions of, ch 35 Sec. 6
  Reports by, ch 35 Sec. 6

                       GENERAL COUNSEL, OFFICE OF

  Description of, ch 35 Sec. 5

                        GERMANENESS OF AMENDMENTS

  Adding to two or more propositions--
    class, definable, bill covering subjects within, ch 26 Sec. 12
    diverse subjects, ch 26 Sec. 12
    rulings, illustrative, ch 26 Sec. 12
  Amendments, rule applicable only to, ch 26 Sec. 1
  Amendment to amendment, germaneness of, ch 26 Sec. Sec. 3, 14
  Appropriation bills--
    Holman rule, requirement of, ch 26 Sec. 13
    limitations on use of funds, ch 26 Sec. 13
    rulings, illustrative, ch 26 Sec. 13
    transfer between accounts in bill, germaneness rule does not affect, 
        ch 26 Sec. 13
  Bill itself, portions of, need not be germane to each other, ch 26 
      Sec. 1
  Committee amendments, application of rule to, ch 26 Sec. 19
  Committee jurisdiction as test--
    amendments, bill as broadened by, ch 26 Sec. 6
    overlapping jurisdiction, effect of, ch 26 Sec. 6
    rulings, illustrative, ch 26 Sec. 6
    scope of bill as factor in determining germaneness, ch 26 Sec. 6
  Conditions, amendments imposing--
    funds, upon availability of, ch 26 Sec. 22
    rulings, illustrative, ch 26 Sec. 22
  Conferees or managers, motions to instruct, amendments to, ch 26 
      Sec. 33
  Conference reports--
    Senate provisions in, see below, Senate provisions in conference 
        reports and amendments in disagreement
  Contingency, amendment postponing effectiveness pending--
    enactment of other legislation, ch 26 Sec. 26
    postponing effectiveness to date certain compared, ch 26 Sec. 26
    rulings, illustrative, ch 26 Sec. 26
    unrelated contingency, ch 26 Sec. 26
  Defined, ``germaneness,'' ch 26 Sec. 2
  Exceptions or exemptions, amendments containing--
    class, portion of, may be exempted from provisions affecting that 
        class, ch 26 Sec. 21
    rulings, illustrative, ch 26 Sec. 21
  Fundamental purpose, ch 26 Sec. 7
    censure not germane to impeachment, ch 26 Sec. 7
    change in policy, effect of, ch 26 Sec. 7
    change in agency, ch 26 Sec. 7
    rulings, illustrative of, ch 26 Sec. 7
  General amendment to specific proposition--
    rulings, illustrative, ch 26 Sec. 10
    strike, motion to, may broaden scope of bill, ch 26 Sec. 10
    substitute for amendment, application of test to, ch 26 Sec. 10
  History of rule, ch 26 Sec. 1
  Holman rule, requirement of, ch 26 Sec. 13
  Individual proposition not germane to another--
    class of subjects affected by bill, amendment relating to class 
        different from, ch 26 Sec. 9

[[Page 990]]

    rulings, illustrative, ch 26 Sec. 9
  Law, existing, ruling as affected by bill's relation to--
    amending law, bill, amendment to, ch 26 Sec. 27
    changing law, amendment, offered to bill not changing law, ch 26 
        Sec. 31
    extending or continuing law, bill, amendment to, ch 26 Sec. 30
    incorporating other laws by reference, bill, amendment to, ch 26 
        Sec. 29
    repealing law, bill, amendment to, ch 26 Sec. 28
  Limitations, amendments imposing--
    funds in bill, must be confined to, ch 26 Sec. 25
    policy changes, may not effect, ch 26 Sec. 24
    rulings, illustrative, ch 26 Sec. Sec. 23-25
  Method, different, accomplishing result of bill by--
    related method, use of, ch 26 Sec. 8
    rulings, illustrative, ch 26 Sec. 8
  ``Miscellaneous'' heading to portion of bill, effect of, ch 26 Sec. 2
  Motive of offeror not a factor in determination as to, ch 26 Sec. 2
  New section or title, amendment adding, test of germaneness of, ch 26 
      Sec. Sec. 3, 16
  ``Notwithstanding any other provision of law,'' provision to take 
      effect, ch 26 Sec. 31
  Paragraph or section of bill to which offered, amendment must be 
      germane to, ch 26 Sec. Sec. 3, 15
  Perfected, text as, amendment must be germane to, ch 26 Sec. Sec. 3, 
      15
  Points of order--
    anticipatory rulings, ch 26 Sec. 40
    burden of proof of germaneness, ch 26 Sec. 36
    consideration by unanimous consent of amendment that was ruled out 
        of order, ch 26 Sec. 36
    debate on, ch 26 Sec. 39
    hypothetical rulings, ch 26 Sec. 40
    part of amendment subject to point of order, effect where, ch 26 
        Sec. 36
    self-executing adoption of amendment under special rule, point of 
        order does not lie against, ch 26 Sec. 39
    timeliness of, ch 26 Sec. 38
    waiver of, ch 26 Sec. 37
  Postponing effectiveness, see above, Contingency, amendment postponing 
      effectiveness pending
  Prior amendments, effect of, ch 26 Sec. Sec. 3, 15
  Pro forma amendment, germaneness of, ch 26 Sec. 17
  Proposition to which amendment must be germane--
    new section or title, amendment adding, ch 26 Sec. Sec. 3, 16
    paragraph or section of bill to which offered, ch 26 Sec. Sec. 3, 15
    title or section of bill to which offered, ch 26 Sec. Sec. 3, 15
  Purpose, fundamental, as test--
    rulings, illustrative, ch 26 Sec. 7
    substitute, amendment in nature of, application of test to, ch 26 
        Sec. 7
  Qualifications,  amendments  containing--
    funds, as to disbursement of, ch 26 Sec. 22
    rulings, illustrative, ch 26 Sec. 22
  Reading, stage of, as factor in determination as to, ch 26 
      Sec. Sec. 2, 3, 15
  Recommit with instructions, motion to, application of rule to, ch 26 
      Sec. Sec. 3, 6, 20
  ``Relevance'' distinguished from ``germaneness,'' ch 26 Sec. 2

[[Page 991]]

  Repealing existing law, amendment, offered to bill not amending law, 
      ch 26 Sec. 31
  Restrictions, amendments adding--
    discretionary authority, on exercise of, ch 26 Sec. 24
    funds in bill, must be confined to, ch 26 Sec. 25
    rulings, illustrative, ch 26 Sec. Sec. 23-25
  Rules, adoption of, rule applicable prior to, ch 26 Sec. 1
  Scope of bill and amendment as factors in determinations as to, ch 26 
      Sec. Sec. 2, 4, 7, 10, 11
  Self-executing adoption of amendment under special rule, point of 
      order does not lie against, ch 26 Sec. 39
  Senate amendments, amendments to--
    concur or recede and concur with amendments, motions to, ch 26 
        Sec. 35
    rulings, illustrative, ch 26 Sec. 35
    substitute, amendment in nature of, ch 26 Sec. 35
    tests of germaneness, ch 26 Sec. 35
  Senate, in, see SENATE, PRACTICE IN
  Senate provisions in conference reports and amendments in 
  disagreement--
    points of order, ch 26 Sec. 34
    rulings, illustrative, on Senate amendments to House bills, ch 26 
        Sec. 34
    separate votes on nongermane language, ch 26 Sec. 34
  Specific amendment to general proposition--
    authority, conferral of, ch 26 Sec. 11
    defining term in bill, amendment as, ch 26 Sec. 11
    rulings, illustrative, ch 26 Sec. 11
  Statute, bill amending, test of germaneness of amendment to, ch 26 
      Sec. 2
  Strike, motion to, germaneness of, ch 26 Sec. 17
  Strike, motion to, pending when amendment offered, ch 26 Sec. 3
  Studies, proposals to require, ch 26 Sec. 5
  Subject matter--
    different subject, rule prohibits amendment on, ch 26 Sec. 5
    rulings, illustrative, ch 26 Sec. 5
    studies, proposals to undertake, ch 26 Sec. 5
  Substitute amendment must be germane to pending amendment, ch 2 Sec. 6
  Substitute for amendment, application of rule to, ch 26 Sec. Sec. 10, 
      18
  Tests of germaneness--
    generally, ch 26 Sec. 4
    exclusive, not mutually, ch 26 Sec. 4
    rulings, illustrative, showing amendment may be related but not 
        germane, ch 26 Sec. 4
    specific tests, see above, e.g., Committee jurisdiction as test; 
        Purpose, fundamental as test; and Subject matter
  Text pending, relationship of amendment to, as factor in determination 
      as to, ch 26 Sec. Sec. 2, 3, 15
  Text to which proposition must be germane, see above, Proposition to 
      which amendment must be germane
  Title of bill not controlling in determination as to, ch 26 Sec. 2
  Title or section of bill to which offered, amendment must be germane 
      to, ch 26 Sec. Sec. 3, 15
  Waiving statute, amendment, ch 26 Sec. 31

          HISTORIAN OF THE HOUSE OF REPRESENTATIVES, OFFICE OF

  Description of, ch 35 Sec. 5

HOUR RULE, see DEBATE

                   HOUSE AS IN COMMITTEE OF THE WHOLE

  Appropriation bills, consideration of, in, see APPROPRIATION BILLS

[[Page 992]]

  Bills, public, considered under five-minute rule by unanimous consent, 
      ch 12 Sec. 1
  Committee of the Whole, distinguished from, ch 12 Sec. 1
  District of Columbia business, consideration of, see DISTRICT OF 
      COLUMBIA BUSINESS
  General debate, procedure permits consideration without, ch 16 Sec. 8
  Procedures in--
    motions, ch 12 Sec. 1
    previous question, use of, ch 12 Sec. 1
  Private bills, see PRIVATE BILLS

                               IMPEACHMENT

  Abusing or exceeding powers of office, ch 27 Sec. 4
  Adjournment, effect of, ch 27 Sec. 5
  Behavior grossly incompatible with office, ch 27 Sec. 4
  Censure not germane to impeachment, ch 27 Sec. 8
  Committee investigations--
    access to materials, ch 27 Sec. 7
    confidentiality of materials, ch 27 Sec. 7
    subcommittees, role of, ch 27 Sec. 7
  Consideration in House, see below, Procedure for consideration in 
      House
  Criminal or noncriminal nature of offense, ch 27 Sec. 4
  Disqualification from holding further office, ch 27 Sec. 10
  Exceeding or abusing powers of office, ch 27 Sec. 4
  Grounds, constitutional--
    bribery, ch 27 Sec. 3
    high crimes and misdemeanors, see below, High crimes and 
        misdemeanors
    judges, Federal, impeachment of, ch 27 Sec. 3
    public interest, offense as prejudicial to, ch 27 Sec. 3
    treason, ch 27 Sec. 3
  High crimes and misdemeanors--
    criminal or noncriminal nature of offense, ch 27 Sec. 4
    historical usage, ch 27 Sec. 3
    serious and substantial nature of offense, ch 27 Sec. 3
  History, ch 27 Sec. 1
  Improper purpose, using office for, ch 27 Sec. 4
  Indictable offenses, issue as to whether remedy limited to, ch 27 
      Sec. 4
  Initiation of proceedings--
    articles of impeachment, ch 27 Sec. Sec. 1, 6
    charges, methods of instituting, ch 27 Sec. 6
    resolution in House, ch 27 Sec. 6
  Judges, Federal, impeachment of--
    ``good behavior' clause applicable to Federal judges, interpretation 
        of, ch 27 Sec. 3
    grounds for, ch 27 Sec. 3
    historical data, ch 27 Sec. 4
  Managers, reappointment of, in new Congress, ch 27 Sec. 5
  Personal gain, use of office for, ch 27 Sec. 4
  Persons subject to impeachment--
    civil officers of United States, ch 27 Sec. 2
    Congress, Members of, not subject, ch 27 Sec. 2
    independent counsel investigating President, ch 27 Sec. 2
    judges, Federal, ch 27 Sec. 2
    military officers not subject, ch 27 Sec. 2
    President, ch 27 Sec. 2
    private citizens who have held no office not subject, ch 27 Sec. 2
    Vice President, ch 27 Sec. 2
  Presidential impeachment--
    grounds, constitutional, ch 27 Sec. 3
    historical data, ch 27 Sec. 3
  Privileged, impeachment propositions as, ch 27 Sec. 8
  Procedure for consideration in House--
    debate, ch 27 Sec. 8

[[Page 993]]

    motions in order, ch 27 Sec. 8
    privileged, impeachment propositions as, ch 27 Sec. 8
  Purpose, ch 27 Sec. 1
  Referral to committee, ch 27 Sec. 6
  Removal from office, ch 27 Sec. 10
  Resignation from office, effect of, ch 27 Sec. 2
  Senate, trial in--
    Clinton, President, account of proceedings in trial of, ch 27 Sec. 9
    committee, hearing before, ch 27 Sec. 9
    Constitutional role of Senate, ch 27 Sec. Sec. 1, 9
    counsel, role of, ch 27 Sec. 9
    evidence, presentation of, ch 27 Sec. 9
    ``full'' Senate, trial before, ch 27 Sec. 9
    judgment, ch 27 Sec. 10
    removal and disqualification from further office, divisibility of 
        question on, ch 27 Sec. 10
    testimony by accused, ch 27 Sec. 9
    voting, ch 27 Sec. 10
  Term of office, offense committed prior to, ch 27 Sec. 3
  Time of committing offense as factor, ch 27 Sec. 3
  Trial, see above, Senate, trial in

                         INQUIRY, RESOLUTIONS OF

  Adjournment, effect of, ch 49 Sec. 5
  Availability requirement, three-day, subject to, ch 49 Sec. 5
  Cabinet officers, ch 49 Sec. 2
  Calling up, ch 49 Sec. 5
  Committees, role of, ch 49 Sec. 4
  Debate under hour rule, ch 49 Sec. 5
  Directed to President or head of executive department, ch 49 Sec. 2
  Discharge of committee, ch 49 Sec. 4
  Executive branch, means to obtain information from, ch 49 Sec. 1
  Form, ch 49 Sec. 1
  Opinion, resolution seeking, effect of, ch 49 Sec. 7
  President, directed to, ch 49 Sec. 2
  Privileged status, ch 49 Sec. Sec. 1, 2, 6, 7
  Privileged status, loss of, ch 49 Sec. Sec. 2, 6, 7
  Responses by executive branch--
    disposition of, ch 49 Sec. 8
    refusal to furnish information, ch 49 Sec. 8
  Simple resolution, ch 49 Sec. 1
  Subjects of inquiry, illustrative, ch 49 Sec. 3

                      INSPECTOR GENERAL, OFFICE OF

  Description of, ch 35 Sec. 5

                          INTERVENING BUSINESS

  Debate--
    amendment, on, ch 2 Sec. 34
  Parliamentary inquiry, ch 2 Sec. 34
  Recognition for debate on amendment, ch 2 Sec. 34
  Unanimous-consent request, granting of, ch 2 Sec. 34
  Vacating intervening business, ch 2 Sec. 34

                            JOINT COMMITTEES

  Chairmanship, ch 11 Sec. 14
  Committees, table showing jurisdiction and composition of, ch 11 
      Sec. 14
  Composition, ch 11 Sec. 14
  Concurrent resolution creating, ch 11 Sec. 2
  Creation of, ch 11 Sec. Sec. 1, 2
  Establishment of, ch 11 Sec. Sec. 1, 2
  Functions generally, ch 11 Sec. 14
  Hearings, see applicable subject matter under COMMITTEES, STANDING
  Historical background, ch 11 Sec. 14
  Investigative authority, manner of conferring, on, ch 11 Sec. 10
  Jurisdiction generally, ch 11 Sec. 14
  Members, selection of, ch 11 Sec. 1

[[Page 994]]

  Procedures in committee, see applicable subject matter under 
      COMMITTEES, STANDING
  Records and files, see applicable subject matter under COMMITTEES, 
      STANDING
  Reports of, see applicable subjects under COMMITTEE REPORTS
  Statute, may be established by, ch 11 Sec. 1
  Table showing committees, jurisdiction and composition, ch 11 Sec. 14
  Witnesses at hearings, see applicable topics under COMMITTEES, 
      STANDING

                     JOINT SESSION OR JOINT MEETING

  Electoral vote count, see ELECTORAL VOTE
  State of the Union address, see PRESIDENT

                                 JOURNAL

  Amendments, ch 28 Sec. 9
  Approval--
    demand for vote, ch 28 Sec. Sec. 4, 8
    interruption for business having precedence, ch 28 Sec. 5
    motion to approve, ch 28 Sec. 8
    precedence of motions incident to, ch 28 Sec. 5
    Speaker's approval subject to demand for vote, ch 28 Sec. 4
  Contents--
    generally, ch 28 Sec. 2
    constitutional requirements, ch 28 Sec. Sec. 2, 3
    proceedings included, ch 28 Sec. 2
    quorum calls, ch 28 Sec. 3
    votes, ch 28 Sec. 3
  Corrections, ch 28 Sec. 9
  Public record, ch 28 Sec. 1
  Reading--
    considered as read, when, ch 28 Sec. 4
    customs as to, ch 28 Sec. 7
    demand that Journal be read in full, ch 28 Sec. 7
    motion that Journal be read, ch 28 Sec. 6
    procedure for, ch 28 Sec. 7
  Record, official, ch 28 Sec. Sec. 1, 4

                     LAW REVISION COUNSEL, OFFICE OF

  Description of, ch 36 Sec. 6

LAYOVER REQUIREMENT FOR COMMITTEE REPORTS, see COMMITTEE REPORTS

                   LEGISLATION ON APPROPRIATION BILLS

  Agriculture, rulings on provisions relating to, ch 4 Sec. 33
  Allocation of funds, provisions changing--
    existing law, directing obligation of funds in manner contrary to, 
        ch 4 Sec. 34
    formula in law, provision changing, ch 4 Sec. 34
    limitation on use of funds, see below, Limitation on use of funds
    mandating expenditures in manner inconsistent with law, ch 4 Sec. 34
    priorities in expenditure, changing, ch 4 Sec. 34
    removal of statutory limitation on obligation of funds, ch 4 Sec. 34
  Amending existing law, see below, Existing law, relationship to or 
      effect on, of disputed provision
  Availability of funds, provisions affecting period of--
    expended, funds to remain available until, ch 4 Sec. 39
    fiscal year covered by bill, funds made available beyond, ch 4 
        Sec. 38
    ``immediately available'' prior to start of fiscal year, funds made, 
        ch 4 Sec. 38

[[Page 995]]

    permanent appropriations as authorized by law, ch 4 Sec. 38
    public buildings, funds for completion of, ch 4 Sec. 38
    ruled out, examples of provisions, ch 4 Sec. 38
  Burden of proof when point of order is raised--
    Committee on Appropriations, burden is on, to show validity of 
        provision, ch 4 Sec. 27
    proponent of amendment, ch 4 Sec. 27
  Commerce, rulings on provisions relating to, ch 4 Sec. 33
  Committee report from Appropriations Committee must note unauthorized 
      appropriations and changes in existing law, ch 4 Sec. 8
  Conditions or contingencies, provisions attaching, to appropriations--
    congressional action or report to Congress required as condition, ch 
        4 Sec. 30
    duties, imposing, on officials, see below, Duties, imposing new, or 
        conferring new authorities
    law, State, conditions relating to interpretation of, ch 4 Sec. 57
    local or State officials, determinations by, ch 4 Sec. 54
    ``made known'' to officials, funds made available on condition 
        information be, ch 4 Sec. 54
    ruled out, examples of languages that was, ch 4 Sec. 29
    State or local officials, determinations by, ch 4 Sec. 54
    subsequent, condition, ch 4 Sec. 56
    ``unless,'' ``until,'' and ``provided,'' use of, to introduce 
        conditions, ch 4 Sec. 29
  Congressional action, further, attached as condition to appropriation, 
      see above, Conditions or contingencies, provisions attaching, to 
      appropriations
  Congressional employment and compensation, rulings on provisions 
      relating to, ch 4 Sec. 33
  Construction of rule, strict, ch 4 Sec. 27
  Contract authority, granting or changing, see below, Duties, imposing 
      new, or conferring new authorities
  Contract authority provided by law other than appropriations Act, 
      rescission of, ch 7 Sec. 17
  Discretion of official, provision limiting or enlarging--
    conditions on, imposing, ch 4 Sec. 43
    earmarking funds, ch 4 Sec. 43
    enlarging, ch 4 Sec. Sec. 43, 53
    limitation on use of funds may constitute legislation, ch 4 Sec. 53
    lump-sum authorization, specific appropriation as limiting 
        discretion in allotting funds under, ch 4 Sec. 12
    restricting, ch 4 Sec. 43
  Duties, imposing new, or conferring new authorities--
    general principles, ch 4 Sec. Sec. 41, 54
    approval, to give, ch 4 Sec. 41
    burden of proof as to requirement of existing law respecting 
        proposed duties, ch 4 Sec. 42
    certifications, to make, ch 4 Sec. 41
    contingent upon performance of new duty by official, appropriations 
        made, ch 4 Sec. 56
    contract authority, granting or changing, ch 4 Sec. 45
    determinations, to make, ch 4 Sec. Sec. 31, 41, 42, 54
    different duties from those contemplated by law, ch 4 Sec. 31
    direction to official, affirmative, distinguished from negative 
        prohibition on use of funds, ch 4 Sec. 54

[[Page 996]]

    discretion of official, proposition affecting, see above, Discretion 
        of official, provision limiting or enlarging
    incidental to duties already required by law, where proposed duties 
        are, ch 4 Sec. Sec. 42, 54
    investigations or studies, mandating, ch 4 Sec. 44
    law, duty of interpreting, ch 4 Sec. 55
    law or rules, existing, implementation of, ch 4 Sec. 55
    local or State officials, determinations by, ch 4 Sec. 54
    ``made known'' to officials, funds made available on condition 
        information be, ch 4 Sec. 54
    reports, to submit, ch 4 Sec. 41
    rulings, illustrative, that provisions constituted legislation, ch 4 
        Sec. Sec. 31, 54
    State or local officials, determinations by, ch 4 Sec. 54
    studies or investigations, mandating, ch 4 Sec. 44
    substantial additional duties, ch 4 Sec. 31
    transfer funds among accounts in bill, authority to, ch 4 Sec. 36
  Emergency spending, designating appropriation as, ch 4 Sec. 34
  Existing law, relationship to or effect on, of disputed provision--
    amendment of law, ch 4 Sec. 28
    change in text of law, ch 4 Sec. 28
    construing law, ch 4 Sec. 32
    description of law, ch 4 Sec. 32
    enactment of law where none exists, ch 4 Sec. 28
    incorporation by reference of law, ch 4 Sec. 32
    interpreting law, ch 4 Sec. 32
    referring to law, ch 4 Sec. 32
    repeal, ch 4 Sec. 28
    ruled out, provisions interpreting law that were, ch 4 Sec. 32
    waiver of law, ch 4 Sec. 28
  Federal employment, rulings on provisions relating to, ch 4 Sec. 33
  Foreign affairs, rulings on provisions relating to, ch 4 Sec. 33
  Formula in law governing allotment of funds, provision changing, ch 4 
      Sec. 34
  Funding, changing source or method of--
    borrowing authority in lieu of direct appropriation, ch 4 Sec. 34
    special fund for particular purpose, expenditures from general funds 
        where law has established, ch 4 Sec. 34
    trust funds, unauthorized expenditures from, ch 4 Sec. 34
  Funds, changing allocation of, see above, Allocation of funds, 
      provisions changing
  History of rule, ch 4 Sec. 27
  Holman rule--
    floor consideration of provisions under, ch 4 Sec. 49
    funds in other bills, provisions affecting, not within exception, ch 
        4 Sec. Sec. 46, 47
    general appropriation bills, applies to, ch 4 Sec. 46
    germaneness requirement under, ch 4 Sec. 47
    limitations and retrenchments distinguished, ch 4 Sec. 46
    offered by any Member after reading of bill completed, amendment as, 
        ch 4 Sec. 49

[[Page 997]]

    reducing amounts of money covered by bill, retrenchment as, ch 4 
        Sec. 46
    reported by Committee on Appropriations, provisions are, ch 4 
        Sec. 48
    strictly construed, ch 4 Sec. 46
  Housing programs, rulings on provisions relating to, ch 4 Sec. 33
  Limitation on amount available for expenditure, effect of language 
      seeking to waive, ch 4 Sec. 14
  Limitation on use of funds--
    direction to official, affirmative, distinguished from negative 
        prohibition on use of funds, ch 4 Sec. 54
    exception to limitation as not in order if adding legislative 
        language, ch 4 Sec. 57
    increase in spending, purported limitation which results in, ch 4 
        Sec. 51
    minimum amount, provision directing expenditure of, is not negative 
        limitation, ch 4 Sec. 34
    negative restriction or limitation as permitted (see also 
        APPROPRIATION BILLS), ch 4 Sec. Sec. 34, 50
    recipients, qualifications of, legislative language addressing, ch 4 
        Sec. 58
    removing statutory limitation, ch 4 Sec. 34
  Mandating expenditures, see above, Allocation of funds, provisions 
      changing
  Obligation or distribution of funds contrary to existing law, see 
      above, Allocation of funds, provisions changing
  Other acts, provisions affecting funds in, ch 4 Sec. Sec. 35, 59
  Perfecting provision permitted to remain, ch 4 Sec. 69
  Point of order, enforcement of rule depends on raising, ch 4 Sec. 27
  Priorities in expenditure, provision changing, ch 4 Sec. 34
  Public works programs, rulings on provisions relating to, ch 4 Sec. 33
  Recommit with instructions, motion to, rule is applicable to, ch 4 
      Sec. 27
  Reimbursement or refund of appropriated funds, language providing for 
      use of funds generated by, ch 4 Sec. 40
  Rescissions, exception for, from prohibition on legislation on 
      appropriations, does not extend to amendments, ch 7 Sec. 17
  Rescissions may constitute legislation, ch 4 Sec. 35; ch 7 Sec. 17
  Rescissions of certain contract authorities, ch 7 Sec. 17
  Rescissions reported in bills as not within prohibition, ch 7 Sec. 17
  Retrenching expenditures, see above, Holman rule
  Rule applicable, generally, ch 4 Sec. Sec. 7, 27
  Rule prohibiting, ch 4 Sec. Sec. 7, 27
  Self-executing amendments under special rules, prohibition not 
      applicable to, ch 4 Sec. 27
  Senate amendments, see SENATE AMENDMENTS
  Senate legislation on House bill, see, CONFERENCE REPORTS
  Senate, rule in, see SENATE, PRACTICE IN
  Sources or methods of funding, provisions changing, see above, 
      Funding, changing source or method of
  Transfer of funds--
    previously appropriated funds, ch 4 Sec. 37
    same bill, transfer within, may not include legislative language, ch 
        4 Sec. 36

[[Page 998]]

  Unauthorized appropriations, comparison of rule prohibiting, with rule 
      relating to legislation, ch 4 Sec. 7
  Waiving existing law, provision--
    point of order, as subject to, generally, ch 4 Sec. 28
    ``notwithstanding provisions of any other law,'' language 
        appropriating funds, ch 4 Sec. 28

                     LEGISLATIVE COUNSEL, OFFICE OF

  Description of, ch 35 Sec. 6

LEGISLATIVE SCHEDULE, see SCHEDULE, LEGISLATIVE

LEGISLATIVE VETO, see DISAPPROVAL ACTION, CONGRESSIONAL

LIMITATIONS ON APPROPRIATION BILLS, see APPROPRIATION BILLS; LEGISLATION ON 
APPROPRIATION BILLS

MANAGERS OF CONFERENCE, see CONFEREES OR MANAGERS

MEDIA COVERAGE OF PROCEEDINGS, see TELEVISION AND RADIO COVERAGE OF 
PROCEEDINGS

                         MEETING, DAILY HOURS OF

  Change in, ch 1 Sec. 2

                        MEMBERS AND MEMBERS-ELECT

  Business conducted by Members-elect at assembly of Congress, ch 5 
      Sec. 4
  Credentials, see CREDENTIALS
  Elections, see ELECTIONS
  Exclusion of--
    expulsion, distinguished from, ch 25 Sec. 1
    Powell v. McCormack, ch 25 Sec. 1
  Expulsion of Member, see ETHICS
  Oath, see OATH
  Qualifications of, constitutional right of House to determine, ch 25 
      Sec. 1
  Resignation, see RESIGNATION
  Rights of Members-elect at assembly of Congress, ch 5 Sec. 4
  Roll, Clerk's, at assembly of Congress, ch 5 Sec. 4
  Vacancies, Members elected to fill, included on roll after oath 
      administered, ch 5 Sec. 5

                             MEMBERS, FORMER

  Decorum, observance of rules of, ch 10 Sec. 2
  Floor privileges of, ch 10 Sec. 2

                       MESSAGES BETWEEN THE HOUSES

  Bills, messages relating to--
    passage of bill, see PASSAGE AND ENACTMENT OF BILLS
    referral of, ch 30 Sec. 3
    return of bill, request for, ch 30 Sec. 3
  Copies of lost documents, ch 30 Sec. 4
  Correction of errors in, ch 30 Sec. 4
  Delivery of, error in, ch 30 Sec. 4
  Errors in, correction of, ch 30 Sec. 4
  Lost documents, ch 30 Sec. 4
  Purposes for which used, ch 30 Sec. 1
  Reception of, ch 30 Sec. 2
  Uses, ch 30 Sec. 1

                     MORNING HOUR CALL OF COMMITTEES

  Authorization by committee to call up bill, ch 31 Sec. 2
  Business considered under, ch 31 Sec. 2
  Committee of the Whole, motion to go into, ch 31 Sec. 3
  Consideration, rarely used procedure for calling bills up for, ch 31 
      Sec. 1

[[Page 999]]

  House Calendar, rarely used procedure for calling up bills on, for 
      consideration, ch 31 Sec. 1
  Interruption by privileged business, ch 31 Sec. 3
  Intervening business, ch 31 Sec. 3
  Precedence of, ch 31 Sec. 1
  Termination of morning hour, ch 31 Sec. 3

                     MORNING-HOUR DEBATE, SEE DEBATE

                                 MOTIONS

  Amended, motions that may be, ch 2 Sec. 10
  Amended, motions that may not be, ch 2 Sec. 10
  Committee of the Whole, motions used in, see COMMITTEE OF THE WHOLE
  Dilatory, motions considered as, ch 32 Sec. 4
  Enacting clause, motion relating to, see ENACTING CLAUSE, MOTION 
      RELATING TO
  Form, ch 32 Sec. 2
  Lay on the table, to, see TABLE, MOTION TO LAY ON
  Modification of, ch 32 Sec. 5
  Offering--
    manner of, ch 32 Sec. Sec. 1, 3
    rising and addressing chair, ch 32 Sec. Sec. 1, 3
  Postpone, to, see POSTPONEMENT
  Precedence--
    (see also specific motions, e.g., ADJOURNMENT; PREVIOUS QUESTION; 
        SUSPENSION OF RULES)
    amend, motion to, precedence of, ch 12 Sec. 21
    enacting clause, motion relating to, see ENACTING CLAUSE, MOTION 
        RELATING TO
    rule, assigned by, ch 2 Sec. 9
  Previous question, for, see PREVIOUS QUESTION
  Quorum, motions requiring, see QUORUMS
  Reading of, ch 32 Sec. 2
  Recognition to offer--
    discretion of Chair, ch 32 Sec. 3
    manager of bill, prior recognition for, ch 32 Sec. 3
    purpose in seeking, Chair's inquiry as to, ch 32 Sec. 3
    rejection of essential motion, recognition as passing to opposition 
        after, ch 32 Sec. 3
  Reoffering, ch 32 Sec. 5
  Restatement of motion by Chair, ch 32 Sec. 2
  Specific motions, see specific topics, e.g., ADJOURNMENT; COMMITTEE OF 
      THE WHOLE; SUSPENSION OF THE RULES; AMENDMENTS
  Withdrawal of, ch 32 Sec. 5; ch 59 Sec. 1
  Writing, motion shall be reduced to, on demand of any Member, ch 12 
      Sec. 20; ch 32 Sec. 2

                                  OATH

  Absent Members, ch 33 Sec. 2
  Administering oath of office, ch 33 Sec. 1
  Certificate of election, challenge to validity of, effect of, ch 23 
      Sec. 3
  Certificate of election, Member-elect sworn in advance of receipt of, 
      ch 23 Sec. 3; ch 33 Sec. 1
  Challenge to right to be sworn--
    classified information, oath prior to obtaining access to, ch 33 
        Sec. 4
    constitutional authority, ch 33 Sec. 3
    procedure, ch 33 Sec. 3
  Deputies, use of, ch 33 Sec. 2
  Election dispute, effect of, ch 23 Sec. 3
  Failure to take oath, ch 33 Sec. 1
  Members-elect--
    Administration of oath to, ch 33 Sec. 1
    legislative business, oath must precede, ch 5 Sec. 8
  Privilege of administration of oath to Member-elect, degree of, ch 33 
      Sec. 1

[[Page 1000]]

  Refusal to take oath, ch 33 Sec. 1
  Resolution, administration of oath may be authorized by, ch 33 
      Sec. Sec. 1, 3
  Unanimous consent to administer, ch 33 Sec. 1

                            OFFICERS OF HOUSE

  (See also particular officers, e.g., CLERK OF THE HOUSE)
  Chaplain, separate vote on, ch 35 Sec. 2
  Constitutional provisions regarding, ch 35 Sec. 1
  Election of, ch 35 Sec. 2
  Division of resolution, ch 35 Sec. 2
  Oath, ch 35 Sec. 2
  Offices established by rule or statute, see specific offices or 
      officers
  Removal from office, ch 35 Sec. 3
  Rule or statute, certain offices established by, see specific offices 
      or officers, e.g., GENERAL COUNSEL, OFFICE OF; INSPECTOR GENERAL, 
      OFFICE OF; PARLIAMENTARIAN, OFFICE OF
  Statute or rule, certain offices established by, see specific offices 
      or officers, e.g., GENERAL COUNSEL, OFFICE OF; INSPECTOR GENERAL, 
      OFFICE OF; PARLIAMENTARIAN, OFFICE OF
  Vacancies, ch 35 Sec. 4

                           ONE-MINUTE SPEECHES

  Limit, Speaker may, ch 36 Sec. 3
  Recognition--
    alternation between majority and minority, ch 16 Sec. 50
    Speaker, discretion of, ch 16 Sec. 50
  Scheduled business, prior to, Speaker may recognize for one-minute 
      speeches, ch 36 Sec. 3

                            ORDER OF BUSINESS

  Calendar Wednesday, see CALENDAR WEDNESDAY
  Daily order of business--
    prayer and approval of Journal as preceding other business, ch 36 
        Sec. 2
    rule, applicable, ch 16 Sec. 2; ch 36 Sec. Sec. 1, 2
  One-minute speeches, see ONE-MINUTE SPEECHES
  Private Calendar, see PRIVATE BILLS
  Privileged business, see PRIVILEGED BUSINESS
  Regular sequence of business, see above, Daily order of business
  Scheduling business, see SCHEDULE, LEGISLATIVE
  Special days (see also specific topics, e.g., CALENDAR WEDNESDAY; 
      SUSPENSION OF RULES; PRIVATE BILLS)
    rule setting forth, ch 36 Sec. Sec. 1, 6
  Special-order speeches, see SPECIAL-ORDER SPEECHES
  Special rules as affecting, see SPECIAL RULES
  Unanimous-consent orders as affecting, see UNANIMOUS CONSENT
  Varying the order of business (see also specific topics, e.g., 
      PRIVILEGED BUSINESS; SPECIAL RULES; UNANIMOUS CONSENT)
    generally, ch 36 Sec. 1
    rule permitting House to depart from daily order, ch 36 Sec. 1

ORGANIZATION OF CONGRESS, see ASSEMBLY OF CONGRESS

OVERSIGHT FUNCTIONS OF HOUSE, see COMMITTEES, STANDING

                       PARLIAMENTARIAN, OFFICE OF

  Description of, ch 35 Sec. 6

                          PARLIAMENTARY INQUIRY

  Advisory opinions, Chair does not render, ch 37 Sec. 14
  Appeal, response not subject to, ch 37 Sec. 13

[[Page 1001]]

  Discretion of Chair as to recognition for, ch 37 Sec. 13
  Explanation of pending order of House, ch 37 Sec. 14
  Hypothetical questions, Chair does not respond to, ch 37 Sec. 14
  Interpret pending measure, Chair does not, ch 34 Sec. 4
  Interrupting other business, inquiry as, ch 37 Sec. 16
  Interrupt Member who has floor, another may not, unless yielded to, ch 
      16 Sec. 17
  Motion or other proposition not to be offered under recognition for 
      parliamentary inquiry, ch 37 Sec. 14
  Relevant to pending question, subject must be, ch 37 Sec. Sec. 14, 15
  Subjects for, ch 37 Sec. 14
  Time, charging, for, ch 16 Sec. Sec. 17, 54; ch 37 Sec. 16
  Timeliness of inquiry, ch 37 Sec. 15
  Yielding floor for inquiry, ch 16 Sec. Sec. 17, 54; ch 37 Sec. 16

                     PASSAGE AND ENACTMENT OF BILLS

  Engrossment, see ENGROSSMENT
  Enrollment, see ENROLLMENT
  Message of transmittal of bill, ch 44 Sec. 9
  President, delivery of measures to, ch 44 Sec. Sec. 10, 13
  Readings--
    amendment, reading for, see AMENDMENTS
    first reading, ch 44 Sec. 3
    second reading (see also AMENDMENTS), ch 44 Sec. 4
    third reading, ch 44 Sec. 5
  Return of bill, message requesting, ch 44 Sec. 9
  Stages in passage, generally, ch 44 Sec. 1
  Transmittal of bills between Houses, ch 44 Sec. 9

                         PETITIONS AND MEMORIALS

  Clerk, delivered to, ch 6 Sec. 6
  State other than Member's own, Member may present petition from 
      citizens of, ch 6 Sec. 6

                         PHOTOGRAPHS IN CHAMBER

  Official photograph of House in session, resolution permitting, ch 10 
      Sec. 5
  Permission required, ch 10 Sec. 5
  Speaker enforces rules, ch 10 Sec. 5

PLACE OF MEETING see ASSEMBLY OF CONGRESS

                             POINTS OF ORDER

  Absence of point of order does not preclude Chair's ruling amendment 
      out of order, ch 2 Sec. 1
  Appeals on ruling (see also APPEALS), ch 37 Sec. 12
  Burden of proof, ch 37 Sec. 9
  Chair's initiative in ruling amendment out of order where no point of 
      order has been made, ch 2 Sec. 1
  Clerk of the House, role of, in ruling on points of order prior to 
      election of Speaker, ch 37 Sec. 2
  Consideration of bill, point of order against, ch 37 Sec. Sec. 1, 5
  Debate on, is at discretion of Chair, ch 12 Sec. 18; ch 37 Sec. 9
  Debate on, must be confined thereto, ch 12 Sec. 18; ch 37 Sec. 9
  Defined, ch 37 Sec. 1
  Effect of point of order on pending business, ch 37 Sec. 8
  Form, ch 37 Sec. 1
  Germaneness rule, points of order under, see GERMANENESS OF AMENDMENTS
  Grounds, ch 37 Sec. 7
  House, submission of question on point of order to, ch 37 Sec. 2
  Multiple points of order, ch 37 Sec. 1
  New Congress, points of order at organization of, ch 37 Sec. 2
  Opposition to, ch 37 Sec. 1

[[Page 1002]]

  Pending business, effect of point of order on, ch 37 Sec. 8
  Precedent, prior ruling as, ch 37 Sec. 2
  Recommit with instructions, amendments to motion to, against, ch 37 
      Sec. 7
  Reservation of--
    benefit of all Members, inures to, so that any Member may assert 
        point of order, ch 2 Sec. 33
    debate on merits pending point of order, ch 2 Sec. 33
    effect of, ch 37 Sec. 3
    procedure, ch 37 Sec. 3
    withdrawal, effect of, ch 37 Sec. 3; ch 59 Sec. 4
  Reversal of prior ruling, ch 37 Sec. 2
  Rules of House, based on violation of, ch 37 Sec. 7
  Rulings by Chair--
    ambiguities in language, resolving, ch 37 Sec. 2
    argument, hearing, ch 37 Sec. 2
    factors in Chair's ruling, ch 37 Sec. 2
    limitation on scope of issues determined by Chair, ch 37 Sec. 7
  Timeliness of--
    amendments, points of order against, ch 37 Sec. 6
    ``at any time,'' certain points of order may be raised, ch 2 
        Sec. 34; ch 37 Sec. 4
    bills and resolutions, points of order against, ch 37 Sec. 5
    consideration of bill, against, raised in House, ch 12 Sec. 18; ch 
        37 Sec. 5
    debate on amendment, before, ch 2 Sec. 34
    debate on amendment, untimely after, ch 12 Sec. 18
    House, after amendment reported to, ch 12 Sec. 18
    intervening amendments, effect of, ch 37 Sec. 4
    intervening business, effect of, ch 2 Sec. 34
    intervening debate, effect of, ch 37 Sec. 4
    reading or agreement that amendment be considered as read, 
        immediately after, ch 2 Sec. 34
  Waiver of--
    special rule, by (see also SPECIAL RULES), ch 37 Sec. 10
    suspension of rules, by (see also SUSPENSION OF RULES), ch 37 
        Sec. 10
    unanimous consent, by (see also UNANIMOUS CONSENT), ch 37 Sec. 10
  Withdrawal of, ch 37 Sec. 11; ch 59 Sec. 4

                              POSTPONEMENT

  Motion to postpone indefinitely--
    generally, ch 38 Sec. 6
    adoption, effect of, ch 38 Sec. 6
    adverse disposition, considered as, ch 38 Sec. 6
    amendable, not, ch 38 Sec. 8
    application to particular propositions, ch 38 Sec. Sec. 6, 7
    Committee of the Whole, not in order in, ch 38 Sec. 1
    debate on, ch 38 Sec. 8
    disposition, effect of, ch 38 Sec. Sec. 1, 6
    part of proposition, not applicable to, ch 38 Sec. 6
    precedence of, ch 38 Sec. 7
    repeating motion, ch 38 Sec. 1
    rule, applicable, ch 38 Sec. 6
  Motion to postpone to day certain--
    generally, ch 38 Sec. 2
    adoption, effect of, ch 38 Sec. 2
    amendment, subject to, ch 38 Sec. 5
    application of, to particular propositions, ch 38 Sec. 4
    Committee of the Whole, not in order in, ch 38 Sec. 1
    debate on, ch 38 Sec. 5
    discharge, not applicable to motion to, ch 38 Sec. 4

[[Page 1003]]

    disposition, effect of, ch 38 Sec. 1
    form, ch 38 Sec. 2
    ``next legislative day'' considered as day certain, ch 38 Sec. 2
    part of proposition, not applicable to, ch 38 Sec. 4
    precedence of, ch 38 Sec. 3
    repeating motion, ch 38 Sec. 1
    special rule, applicable to, after rejection of previous question, 
        ch 38 Sec. 4
    time for making, ch 38 Sec. 2
    voting on, ch 38 Sec. 2
  Rule, applicable, ch 38 Sec. 1
  Special order, by, ch 38 Sec. 1
  Statutes, provided for in, ch 38 Sec. 1
  Votes, postponement of, see VOTING

PREAMBLE OF BILL OR RESOLUTION, see AMENDMENTS

                         PRECEDENTS OF THE HOUSE

  (See also RULES OF THE HOUSE)
  Generally, ch 50 Sec. 1
  Binding, as, ch 50 Sec. 1
  Custom, effect of, ch 50 Sec. 1
  Overruling precedents, ch 50 Sec. 2

                                PRESIDENT

  Budget, submission of, see BUDGET PROCESS
  Disability of--
    Congress, role of, concerning, ch 24 Sec. 4
    disputes as to, ch 24 Sec. 4
    messages concerning, ch 24 Sec. 4
  Election of President and Vice President--
    electoral vote, see ELECTORAL VOTE
  Executive privilege, claim of--
    review by courts, ch 17 Sec. 4
  Incapacity of, see above, Disability of
  State of the Union address referred to Committee of the Whole by 
      motion, ch 12 Sec. 2

                            PREVIOUS QUESTION

  Adjournment, effect of, when previous question operating, ch 39 
      Sec. 17
  Amendment, ordering previous question on, ch 2 Sec. 26
  Amendment, precedence over, ch 16 Sec. 16
  Amendment, where Member controlling time yields for, another may move 
      previous question, ch 16 Sec. 16
  Adoption, effect of, ch 2 Sec. 26
  Applicability to particular questions or propositions, ch 39 Sec. 7
  Calendar Wednesday, bills considered on, see CALENDAR WEDNESDAY
  Debate on motion, ch 39 Sec. 8
  Disposition, ch 39 Sec. 8
  Effect of--
    amendments, on, ch 39 Sec. 12
    debate, on, ch 39 Sec. Sec. 10, 11
    divided debate, on, ch 39 Sec. 11
  Final passage, effect of ordering previous question on bill to, ch 39 
      Sec. 7
  House as in Committee of the Whole, use in, ch 12 Sec. 1
  Incidental questions, effect on, ch 39 Sec. 7
  Interrupt Member recognized for debate, motion may not, ch 2 Sec. 9
  Intervention of other matters, ch 39 Sec. 5
  Motions and propositions to which applicable, ch 39 Sec. 7
  Offering motion--
    generally, ch 39 Sec. 2
    time for offering, ch 39 Sec. 3
    who may offer, ch 39 Sec. 4
  Precedence of, ch 39 Sec. Sec. 5, 6
  Propositions to which applied, ch 39 Sec. 7
  Purpose, ch 39 Sec. 1
  Quorum requirements, ch 39 Sec. 3
  Recognition after defeat of, ch 16 Sec. 45; ch 39 Sec. 16; ch 46 
      Sec. 12
  Recommit, motion to--
    ordering previous question, after, ch 39 Sec. 13
    pending motion for previous question, ch 39 Sec. 13
  Reconsideration, ch 39 Sec. 14

[[Page 1004]]

  Refusal of, effect of--
    consideration, further, as permitting, ch 39 Sec. 15
    recognition of opposition, ch 16 Sec. 45; ch 39 Sec. 16; ch 46 
        Sec. 12
    special rule, debate on, ch 16 Sec. 15
  Senate amendment in disagreement, applicability to motion disposing 
      of, ch 39 Sec. 7

                              PRIVATE BILLS

  Amendments to--
    class of individuals, not in order to extend benefits of bill to, ch 
        6 Sec. 16
    germaneness rule, application of, ch 6 Sec. 16
    opposition to amendment, members of reporting committee have 
        priority of recognition in, ch 6 Sec. 16
    pro forma amendments not in order, ch 6 Sec. 16
  Calendar, Private--
    called up after seven days on calendar, private bills traditionally 
        are, ch 6 Sec. 15
    calling the calendar, ch 40 Sec. 2
    dispensing with the call, ch 40 Sec. 3
    objectors, official, review of bills by, ch 6 Sec. 15
    order waiving rules governing, ch 40 Sec. 3
    purpose, ch 40 Sec. 1
    referrals to, ch 40 Sec. 1
    time for calling, ch 40 Sec. 2
    waiver of rules governing, ch 40 Sec. 3
  Claims against government--
    omnibus claim bill, ch 6 Sec. 14
    procedures for consideration, ch 6 Sec. 18
    subject matter of representative claims granted redress, ch 6 
        Sec. 18
    Tort Claims Act, remedies available under, private bill not to 
        substitute for, ch 6 Sec. 17
  Combining several bills in omnibus legislation, ch 6 Sec. 13
  Consideration of, procedure for, ch 6 Sec. 15
  Constitutionality, ch 6 Sec. Sec. 13, 18
  Debate on, ch 40 Sec. 5
  Defined, ch 6 Sec. 14
  Errors in, correction of, ch 6 Sec. 15
  History, ch 6 Sec. 13
  Immigration and naturalization laws, exemptions from requirements of, 
      ch 6 Sec. Sec. 17, 19
  Introduction of, ch 6 Sec. 15
  Objections, ch 40 Sec. 4
  Objectors, official, review of bills by, ch 6 Sec. 15
  Omnibus private bills, ch 6 Sec. 13; ch 40 Sec. 6
  Order waiving rules governing Private Calendar, ch 40 Sec. 3
  Pension bills, private, restrictions on, ch 6 Sec. 17
  Procedure for consideration, ch 6 Sec. 15
  Prohibited, certain private bills as, ch 16 Sec. 1
  Property rights, conveyance of, ch 6 Sec. 17
  Referral to committee, ch 6 Sec. 15
  Remedies, other, effect of availability of, ch 6 Sec. 17
  Resolutions and bills as eligible for consideration, ch 40 Sec. 1
  Screening procedures, ch 40 Sec. 4
  Senate and House, action of, on, ch 40 Sec. 8
  Sponsorship of, ch 6 Sec. 15
  Subject matter considered, ch 6 Sec. Sec. 17, 18
  Tort Claims Act, remedies available under, private bill not to 
      substitute for, ch 6 Sec. 17
  Unfinished business, disposition of, ch 40 Sec. 7
  Waiver of rules governing Private Calendar, ch 40 Sec. 3

                           PRIVILEGED BUSINESS

  Appropriation bills (see also APPROPRIATION BILLS), ch 36 Sec. 7

[[Page 1005]]

  Committee reports, certain, as privileged (see also, COMMITTEE 
      REPORTS; COMMITTEES STANDING), ch 36 Sec. 5
  Conference reports, see CONFERENCE REPORTS
  Constitutional sources, ch 36 Sec. 4
  Constitution, discharge of committee from consideration of matter 
      privileged under, see DISCHARGING MEASURES FROM COMMITTEES
  Discharge, motion to (see also DISCHARGING MEASURES FROM COMMITTEES), 
      ch 36 Sec. 7
  Disciplinary action against Member, see ETHICS
  Election contests and disputes, see ELECTION CONTESTS AND DISPUTES
  Electoral vote, concurrent resolution providing for counting of, see 
      ELECTORAL VOTE
  Laws, rules, and customs as establishing privilege, ch 36 Sec. 4
  Layover requirements, applicability of, ch 36 Sec. 6
  Motions, privileged, ch 36 Sec. 7
  Questions of privilege distinguished, ch 36 Sec. 4
  Nonprivileged matter, effect of inclusion of, in measure that would 
      otherwise be reported as privileged, ch 16 Sec. 1
  Order of business, motions relating to, ch 36 Sec. 7
  Rules, House, certain business as privileged under, ch 36 Sec. Sec. 5, 
      6
  Sources of privilege, ch 36 Sec. 4
  Special rules, see SPECIAL RULES
  Suspension of rules, see SUSPENSION OF RULES

                         PRIVILEGES OF THE HOUSE

  Arrest, privilege of Members from, ch 42 Sec. 1
  Committee of the Whole, not in order to raise question in, ch 42 
      Sec. 14
  Constitutional prerogatives, issues relating to, ch 42 Sec. 5
  Contempt proceedings, questions relating to, ch 42 Sec. 5
  Debate on, ch 42 Sec. 15
  Disciplinary action against Member, see ETHICS
  Disclosure of executive session materials, ch 42 Sec. 12
  Disposition, ch 42 Sec. 15
  Enforcement of orders and subpoenas, ch 42 Sec. 5
  Executive session, disclosure of materials from, ch 42 Sec. 12
  Expungement from Record, ch 42 Sec. 7
  Impeachment, resolutions related to, see IMPEACHMENT
  Judicial proceedings, intervention in, by House or its employees, ch 
      42 Sec. 6
  Jurisdiction of House, questions relating to, ch 42 Sec. 5
  Legal counsel, provisions for, ch 42 Sec. 13
  Motions during consideration of question, ch 42 Sec. 15
  Notice of intention to raise question, requirements as to, ch 42 
      Sec. 14
  Orders, enforcement of, ch 42 Sec. 5
  Personal privilege, see PRIVILEGE, PERSONAL, QUESTION OF
  Precedence of, ch 42 Sec. 2
  Presenting question, ch 42 Sec. 14
  Privileged questions distinguished, ch 42 Sec. 1
  Process, service of, see below, Service of process
  Raising question of, ch 42 Sec. Sec. 1, 14
  Record, Congressional, correction of, ch 42 Sec. 7
  Resolution raising question of--
    debate on, ch 42 Sec. 15
    motions during consideration, ch 42 Sec. 15

[[Page 1006]]

    notice requirement, ch 42 Sec. 14
    privileged, as, ch 42 Sec. 14
  Service of process--
    procedure in complying with process, ch 42 Sec. 9
    response, conditions or limitations as to, ch 42 Sec. 11
    response, resolutions in, ch 42 Sec. 10
  Speech and debate, privilege of, ch 42 Sec. 1
  Subpoenas, enforcement of, ch 42 Sec. 5

                    PRIVILEGE, PERSONAL, QUESTION OF

  Basis of privilege--
    charges by fellow Member, ch 42 Sec. 17
    debate, words used in, not proper basis, ch 16 Sec. 26; ch 42 
        Sec. 17
    press, charges in, ch 42 Sec. 18
    rights, reputation and conduct of individual Members, questions 
        affecting, ch 42 Sec. 16
  Charges by fellow Member, ch 42 Sec. 17
  Debate on the question, ch 42 Sec. 20
  Debate time, limit on, ch 16 Sec. 48
  Debate, words spoken in, not proper basis, ch 16 Sec. 26; ch 42 
      Sec. 17
  Integrity or reputation, reflection on, ch 42 Sec. 16
  Member, another, charges by, ch 42 Sec. 17
  Members, rights and reputation of, questions affecting, ch 42 Sec. 1
  Opinions about voting record or views, expression of, as not giving 
      rise to, ch 42 Sec. 16
  Precedence of, ch 42 Sec. 2
  Press, charges in, ch 42 Sec. 18
  Procedure for consideration, ch 42 Sec. 19
  Raising question of, ch 42 Sec. 19
  Representative capacity, relate to Member in, ch 42 Sec. 16
  Reputation or integrity, reflection on, ch 42 Sec. 16

PRO FORMA AMENDMENTS, see DEBATE

QUESTION OF CONSIDERATION, see CONSIDERATION, QUESTION OF

                                 QUORUMS

  Adjournment, considerations related to, see ADJOURNMENT
  Arrest of absent Members, see below, Call of the House
  Automatic call of the House, see below, Call of the House
  Beginning of session, establishing quorum at, see ASSEMBLY OF CONGRESS
  Bells and signals, use of, to alert Members to quorum call, see BELLS 
      AND SIGNALS
  ``Business'' requiring quorum--
    definition of ``business,'' ch 43 Sec. Sec. 1, 3
    vote, where Chair has put pending question to, ch 43 Sec. Sec. 3, 6
  Call of the House--
    arrest of absent Members, ch 43 Sec. 19
    automatic call, ch 43 Sec. Sec. 11, 14
    closing or locking doors, ch 43 Sec. 19
    Committee of the Whole, procedures in, ch 43 Sec. Sec. 11, 17
    compel attendance of absent Members, call initiated by fifteen 
        Members to, ch 43 Sec. Sec. 11, 13
    compulsory attendance, ch 43 Sec. 19
    constitutional authority, ch 43 Sec. 11
    dispensing with further proceedings, ch 43 Sec. 20
    doors, closing or locking, ch 43 Sec. 19
    electronic equipment, use of, to record those present and voting, ch 
        43 Sec. 15
    mandated call, ch 43 Sec. Sec. 11, 14

[[Page 1007]]

    motion for, ch 43 Sec. 12
    motion for, recognition by Speaker for, ch 43 Sec. Sec. 11, 12
    motions in order during, ch 43 Sec. 18
    names published and recorded on a call, ch 43 Sec. 16
    respond, time to, ch 43 Sec. 15
    securing attendance, ch 43 Sec. 19
    Sergeant-at-Arms, role of, ch 43 Sec. 19
    time for Members to respond, ch 43 Sec. 15
  Committee of the Whole--
    calls, quorum, in, ch 43 Sec. Sec. 11, 17
    established, point of order restricted where quorum has once been, 
        ch 43 Sec. 6
    objection to vote on ground quorum is not present not permitted in, 
        ch 43 Sec. 11
    point of order of no quorum in, ch 43 Sec. 6
    quorum in, what constitutes, ch 43 Sec. 2
  Constitutional requirements, ch 43 Sec. 1
  Counting to determine presence of quorum--
    Ballin decision, ch 5 Sec. 6; ch 43 Sec. 5
    method, ch 43 Sec. 5
    present, Members who are, ch 43 Sec. 5
    recounts, ch 43 Sec. 5
    voting, Members present but not, ch 43 Sec. 5
  Dilatory, point of order as, ch 43 Sec. 9
  House as in Committee of the Whole, what constitutes a quorum in, ch 
      43 Sec. 2
  House, what constitutes a quorum in, ch 43 Sec. 2
  Mandated call of the House, see above, Call of the House
  Motion for a call of the House, see above, Call of the House
  Motions not requiring quorum, ch 43 Sec. 4
  Motions requiring quorum, ch 43 Sec. 4
  Objection to vote taken in absence of quorum--
    Committee of the Whole, not permitted in, ch 43 Sec. 11
    diligence in seeking recognition for, ch 43 Sec. 8
    postponement of proceedings, effect of, ch 43 Sec. 7
    timeliness of, ch 43 Sec. 8
  Point of order of no quorum--
    Committee of the Whole, in, ch 43 Sec. 6
    dilatory, determination that intent is, ch 43 Sec. 9
    established, where quorum has once been, ch 43 Sec. 6
    House, in, ch 43 Sec. 6
    time for making, ch 43 Sec. 6
    vote, after question has been put to, ch 43 Sec. 6
  Postponement of proceedings on motion to suspend rules, effect of, ch 
      43 Sec. 4
  Presumption as to presence of quorum, ch 43 Sec. 1
  Recess, authorization to Speaker to declare, see RECESS
  Vote, point of order is entertained in House if question has been put 
      to, ch 43 Sec. Sec. 3, 6
  Vote, recorded, demand for, see VOTING
  Withdrawal of point of order of no quorum, ch 43 Sec. 10; ch 59 Sec. 4

                              RAMSEYER RULE

  Amendment or repeal of statute, rule applicable to bill proposing, ch 
      11 Sec. 30
  Appropriations, Committee on, reports from, ch 11 Sec. 30
  Comparative print, ch 11 Sec. 30
  Correction of defect, ch 11 Sec. 30
  Points of order under, ch 11 Sec. 30
  Purpose, ch 11 Sec. 30
  Recommittal to correct defect, ch 11 Sec. 30

[[Page 1008]]

  Rules of House, changes in, comparative print where resolution 
      proposes, ch 11 Sec. Sec. 29, 30; ch 52 Sec. 2
  Substantial compliance, ch 11 Sec. 30
  Supplemental report to correct defect, ch 11 Sec. 30
  Waiver of points of order by special rule or unanimous consent, see 
      SPECIAL RULES; UNANIMOUS CONSENT

READING BILL FOR AMENDMENT, see AMENDMENTS

READING, ENGROSSMENT AND PASSAGE OF BILLS, see PASSAGE AND ENACTMENT OF 
BILLS

                                 RECESS

  Adjournment, distinguished from, ch 1 Sec. 1; ch 45 Sec. 1
  August recess, see ADJOURNMENT
  Authorizing Speaker to declare--
    conditions, ch 45 Sec. 2
    emergency recess, ch 45 Sec. Sec. 1, 3
    emergency reconvening, ch 1 Sec. 1; ch 5 Sec. 2; ch 45 Sec. 3
    procedures, ch 45 Sec. 2
    quorum requirements, ch 45 Sec. 2
  Business that may be transacted during, ch 1 Sec. 1
  Postponement of proceedings, following, ch 1 Sec. 1; ch 45 Sec. 3
  Purposes, ch 45 Sec. 4
  Quorum to authorize Speaker to declare, ch 45 Sec. 2
  Speaker's authority to declare short recesses, ch 1 Sec. 1; ch 45 
      Sec. 3

                               RECOGNITION

  Alternation of recognition--
    opposing sides of question, ch 16 Sec. 11; ch 46 Sec. 4
    parliamentary inquiry, party affiliation of Member recognized for, 
        not taken into account, ch 2 Sec. 20
    parties, between, ch 16 Sec. 11; ch 46 Sec. 4
  Bills, generally, as to, ch 46 Sec. 10
  Call up measure, recognition to--
    committee member, ch 16 Sec. 13; ch 46 Sec. 7
    designation of Member by committee, ch 16 Sec. 13; ch 46 Sec. 7
    discretion of Chair, ch 16 Sec. 13; ch 46 Sec. 7
    special rules, calling up, ch 46 Sec. 13
  Close debate, right to, see DEBATE
  Committee, reporting, Members of, ch 2 Sec. 20; ch 11 Sec. 1; ch 16 
      Sec. 10; ch 46 Sec. Sec. 6, 14
  Conferences, as to--
    instruct conferees, motion to (see also CONFEREES OR MANAGERS), ch 
        46 Sec. 16
    reports, conference, calling up, ch 46 Sec. 16
    seek, recognition to, ch 46 Sec. 16
  Denial of, basis of, ch 46 Sec. 3
  Discharged bills, ch 46 Sec. 10
  Discretion of Chair--
    amendments, recognition for, ch 2 Sec. 20
    appeal, recognition not subject to appeal, ch 46 Sec. 2
    factors in recognition, ch 46 Sec. 5
    limitations on, under House rules and precedents, ch 46 Sec. 3
  Factors in determining priorities in recognition, ch 46 Sec. 5
  Failure to seek, effect of, ch 46 Sec. 6
  Five-minute rule, under--
    generally, ch 46 Sec. 14
    limitation on debate, under, ch 46 Sec. 15
  Manager of bill for majority, prior right of recognition of, ch 16 
      Sec. 10; ch 46 Sec. 7
  Motions, for, ch 46 Sec. 11
  Necessity of, ch 46 Sec. 1
  Order of recognition for closing speeches, see DEBATE
  Previous question, after defeat of, see PREVIOUS QUESTION

[[Page 1009]]

  Purpose for seeking, ch 46 Sec. 1
  Rejection of essential motion, recognition of opposition after, ch 46 
      Sec. 12
  Seeking recognition, ch 46 Sec. 1
  Seniority of members of reporting committee as factor, ch 2 Sec. 20; 
      ch 16 Sec. 10; ch 46 Sec. 6
  Special rules, effect of, ch 46 Sec. 14
  Special rules, recognition for debate on, ch 46 Sec. 13
  Special rules, recognition to call up, ch 46 Sec. 13
  Unanimous consent, measures called up by, ch 46 Sec. 10
  Unanimous-consent requests, see UNANIMOUS CONSENT

                           RECOMMIT, MOTION TO

  Application to particular items of business, ch 48 Sec. 10
  Budget resolution, see BUDGET PROCESS
  Commit, motion to, see COMMIT, MOTION TO
  Debate on, ch 48 Sec. Sec. 12, 15
  Final passage, recommittal pending, ch 48 Sec. 13
  Form of motion, ch 48 Sec. 2
  Instructions with, see RECOMMIT WITH INSTRUCTIONS, MOTION TO
  Previous question, pending or after ordering, ch 48 Sec. 9
  Recognition to offer, ch 48 Sec. Sec. 11, 14
  Repetition of, ch 48 Sec. 13
  Senate amendments, as to, see SENATE AMENDMENTS
  Special rules, provisions in, ch 48 Sec. 16
  Time for offering, ch 48 Sec. Sec. 9, 13

                  RECOMMIT WITH INSTRUCTIONS, MOTION TO

  Amendments to, ch 48 Sec. Sec. 13, 14, 17
  Amendments to, points of order against, ch 37 Sec. 7
  Application to particular items of business, ch 48 Sec. 10
  Budget resolution, see BUDGET PROCESS
  Commit, motion to, see COMMIT, MOTION TO
  Conference reports (see also CONFEREES OR MANAGERS), ch 48 
      Sec. Sec. 10, 15
  Debate on, ch 48 Sec. Sec. 12, 15
  Division of the question on (see also DIVISION OF THE QUESTION FOR 
      VOTING), ch 48 Sec. 19
  Final passage, recommittal pending, ch 48 Sec. 13
  ``Forthwith,'' instructions to report, ch 2 Sec. 47; ch 48 Sec. 18
  Germaneness, see GERMANENESS OF AMENDMENTS
  Points of order applicable to, see specific topics, e.g., LEGISLATION 
      ON APPROPRIATION BILLS
  Points of order, instructions as subject to, ch 48 Sec. 20
  Previous question, pending or after ordering, ch 48 Sec. 9
  Prohibited, certain instructions as, ch 48 Sec. 20
  ``Promptly,'' instructions to report, ch 48 Sec. 17
  Recognition to offer, ch 48 Sec. Sec. 11, 14
  Repetition of, ch 48 Sec. 13
  Special rules, provisions in, ch 48 Sec. 16
  Time for offering, ch 48 Sec. Sec. 9, 13

                          RECONSIDER, MOTION TO

  Amendments, as applied to, ch 47 Sec. 13
  Bills, as applied to, ch 47 Sec. 13
  Budget, concurrent resolution on, not applied to, ch 7 Sec. 4; ch 47 
      Sec. 12
  Calling up the motion, ch 47 Sec. Sec. 1, 4, 5
  Committee of the Whole, not in order in, ch 16 Sec. 56; ch 47 Sec. 1
  Committees, standing, use in, ch 47 Sec. 6
  Conference reports--
    applicability of motion generally, ch 47 Sec. 14

[[Page 1010]]

    budget resolution, motion precluded as to report on, ch 47 Sec. 12
  Debate on, ch 47 Sec. 10
  Effect of agreeing to, ch 47 Sec. 3
  Entering motion, ch 47 Sec. Sec. 1, 4, 5
  Failure to act on, ch 47 Sec. 3
  Forms, ch 47 Sec. 7
  Historical background, ch 47 Sec. 1
  Joint resolutions, as applied to, ch 47 Sec. 13
  Motions, affirmative vote on certain as applied to, ch 47 Sec. 12
  Motions, rejection of certain, not applied to, ch 47 Sec. 12
  Offering motion--
    prevailing side, Member entering motion must be on, ch 47 Sec. 4
    who may offer, ch 47 Sec. 4
  Orders of House, as applied to, ch 47 Sec. 11
  Precedence of, ch 47 Sec. 8
  President, measures sent to, as applied to, ch 47 Sec. 15
  Privilege of, ch 47 Sec. 8
  Pro forma use of, ch 47 Sec. 2
  Purpose, ch 47 Sec. 1
  Quorum requirements, ch 47 Sec. 9
  Recommittal of measure, as applied to, ch 47 Sec. 11
  Referral of measure to committee, not applied to, ch 47 Sec. 11
  Repetition of motion precluded, ch 47 Sec. 3
  ``Same or succeeding day,'' in order on, ch 47 Sec. 5
  Senate amendment to House bill, ch 47 Sec. 14
  Senate, measures sent to, as applied to, ch 47 Sec. 15
  Speaker, pro forma motion by, ch 47 Sec. Sec. 2, 7
  Statutes expediting procedures, effect of, ch 47 Sec. 12
  Table, motion to, ch 47 Sec. 2
  Time for entering motion, ch 47 Sec. 5
  Two days, motion entered within, ch 47 Sec. 5
  Voting on, ch 47 Sec. 10
  Withdrawal of, ch 47 Sec. 10

RECORD, CONGRESSIONAL, see CONGRESSIONAL RECORD

            REFERRAL OF BILLS, RESOLUTIONS, AND OTHER MATTER

  Ad hoc committee, referral to--
    House, committee established by, ch 6 Sec. Sec. 8, 12
    jurisdiction of multiple committees, referral to committee 
        representing (see also COMMITTEES, JURISDICTION OF), ch 6 Sec. 8
  Automatic recommittal to Committee of the Whole after disagreeing to 
      recommendation to strike enacting clause, ch 48 Sec. 8
  Bills, referral of--
    debate, without, ch 6 Sec. 7
    error in original referral, in case of, ch 6 Sec. 7
    motion, by, ch 6 Sec. 7
  Commit, motion to, see COMMIT, MOTION TO
  Committee of the Whole, motion to refer not in order in, ch 48 Sec. 4
  Enacting clause, motion to refer pending motion to strike, see below, 
      Motion to refer
  Error in referral of bill, ch 6 Sec. 7; ch 11 Sec. 8
  Executive communications, ch 6 Sec. 10
  House, referral by, ch 6 Sec. 7; ch 11 Sec. 8; ch 48 Sec. Sec. 1, 5
  Inquiry, resolutions of, see INQUIRY, RESOLUTIONS OF
  Matters subject to referral--
    bills and resolutions, ch 6 Sec. 10
    executive communications, ch 6 Sec. 10

[[Page 1011]]

    petitions, ch 6 Sec. 6
    portion of bill, ch 6 Sec. 10
    Presidential message, ch 6 Sec. 10
    Senate amendments, ch 6 Sec. 10; ch 51 Sec. 7
    Senate bills and messages, ch 6 Sec. 10; ch 51 Sec. Sec. 5, 6
  Motion to refer--
    committees, to particular, ch 48 Sec. 3
    debate, in order when question is under, ch 48 Sec. Sec. 1, 5
    debate on, ch 48 Sec. 7
    effect, ch 48 Sec. 2
    enacting clause, pending motion to strike, ch 48 Sec. 8
    form, ch 48 Sec. 2
    precedence of, ch 48 Sec. 6
    Speaker, distinguished from referral by, upon introduction of bill, 
        ch 48 Sec. 1
  Portion of bill, ch 6 Sec. 10
  Precedence of motion to refer, see above, Motion to refer
  Presidential message, ch 6 Sec. 10
  Primary jurisdiction, committee of, designation of, ch 6 Sec. 8
  Private bills, see PRIVATE BILLS
  Recommit, motion to, see RECOMMIT, MOTION TO
  Reported from committee, procedures after bill is--
    (see also above, Motion to refer)
    calendar, bill referred to, ch 6 Sec. 7
    debate, motion to refer in order when question is under, ch 48 
        Sec. Sec. 1, 5
    points of order against referral not entertained, ch 6 Sec. 7
    sequentially referred to other committees, bill may be, ch 6 Sec. 7
    stages at which motion to refer is in order, ch 48 Sec. 1
  Rules governing referrals, ch 6 Sec. 7
  Senate amendments to House bills, ch 6 Sec. 10
  Senate bills and messages (see also SENATE BILLS ON SPEAKER'S TABLE 
      DISPOSITION OF), ch 6 Sec. 10
  Sequential referrals--
    amendments, where bill reported from committee with, ch 6 Sec. 9
    budget, concurrent resolution on, see BUDGET PROCESS
    reported from committee, referral to other committees after, ch 6 
        Sec. Sec. 7, 8
  Speaker, by, ch 6 Sec. 7; ch 48 Sec. 1
  Speaker, referral by, upon introduction of bill distinguished from 
      motion to refer, ch 48 Sec. 1
  Special committee, referral to, see above, Ad hoc committee, referral 
      to
  Time limits imposed on committee consideration--
    discharge of committee after lapse of time, ch 6 Sec. 11
    extensions, ch 6 Sec. 11
    Speaker, by, ch 6 Sec. Sec. 8, 11
  Veto message and bill, see VETO

RESIDENT COMMISSIONER, see DELEGATES AND RESIDENT COMMISSIONER

                               RESIGNATION

  Member, procedure for resignation by, ch 23 Sec. 4
  Vacancy, filling, ch 23 Sec. 4

RESOLUTIONS OF INQUIRY, see INQUIRY, RESOLUTIONS OF

         REVENUE LEGISLATION, PREROGATIVE OF HOUSE TO ORIGINATE

  Appropriations, encompasses authority as to, ch 4 Sec. 2
  Constitutional provisions, ch 4 Sec. Sec. 1, 2

[[Page 1012]]

  Question of the privileges of the House, ch 42 Sec. 5

RISE OR RISE AND REPORT, MOTION TO, see COMMITTEE OF THE WHOLE

                           RULES OF THE HOUSE

  Absence of rule governing particular procedure, effect of, ch 50 
      Sec. 3
  Adoption of--
    beginning of Congress, at, ch 5 Sec. 6; ch 50 Sec. 1
    constitutional provisions relating to, ch 5 Sec. 6; ch 50 Sec. 1
    parliamentary law, general, prior to adoption House proceeds under, 
        ch 5 Sec. 7
    prior Congress, rules adopted by, not binding, ch 5 Sec. 6
    prior to adoption of rules, House proceeds under general 
        parliamentary law, ch 5 Sec. 7
    resolution adopting rules, proceedings relating to, ch 5 Sec. 6
  Binding, as, ch 50 Sec. 2
  Changing rules, ch 50 Sec. 4
  Construction, principles of--
    factors considered by Chair, ch 50 Sec. 3
    inconsistencies with another rule or with statute, ch 50 Sec. 3
    intention of House, determining, ch 50 Sec. 3
  Joint rules, ch 50 Sec. 1
  Points of order based on, see POINTS OF ORDER; and see particular 
      subject matter, e.g., GERMANENESS OF AMENDMENTS
  Precedents, see PRECEDENTS OF THE HOUSE
  Publication of, ch 50 Sec. 1
  Special rules, see SPECIAL RULES
  Statutory rules, ch 50 Sec. 1
  Waiver of rules, see SPECIAL RULES

                          SCHEDULE, LEGISLATIVE

  Announcement as to, ch 36 Sec. 1
  Inquiries as to, ch 36 Sec. 1
  Leadership of majority party, role of, in setting agenda, ch 36 Sec. 1
  Meeting, daily hours of, change in, ch 1 Sec. 2

                             SECRET SESSIONS

  Access to classified information, guidelines as to, ch 16 Sec. 65
  Committee meetings in executive session, see COMMITTEES, STANDING
  Conditions and restrictions relating to, ch 16 Sec. 65
  Historical background, ch 16 Sec. 63
  House, pursuant to motion in, ch 16 Sec. Sec. 63, 64
  Motions before and during secret session, ch 16 Sec. Sec. 63, 64
  Occasions for, ch 16 Sec. 63
  President, confidential communications from, ch 16 Sec. 63
  Procedures before and during secret session, ch 16 Sec. Sec. 63, 64
  Public, motion to make proceedings available to, ch 16 Sec. 64
  Referral of transcripts to committees, ch 16 Sec. 65
  Speaker, directions announced by, ch 16 Sec. 65
  Speaker's authority, ch 10 Sec. 2
  Special rule, pursuant to, ch 16 Sec. 63

                            SELECT COMMITTEES

  Ad hoc committees, creation of, to consider particular measures, ch 11 
      Sec. 2
  Appointment of members by Speaker, ch 11 Sec. 1
  Commissions, distinguished from, ch 11 Sec. 1
  Committees, specific, table listing jurisdiction of, ch 11 Sec. 13
  Duration of, ch 11 Sec. 1
  Establishing committee, ch 11 Sec. 2
  Existence of duration of, ch 11 Sec. 1

[[Page 1013]]

  Hearings, see applicable subject matter under COMMITTEES, STANDING
  Historical background, ch 11 Sec. Sec. 12, 13
  Investigative authority, manner of conferring, on, ch 11 Sec. 10
  Investigative authority, table showing jurisdiction and, of specific 
      committees, ch 11 Sec. 13
  Members appointed by Speaker, ch 11 Sec. 1
  Permanent, may be, ch 11 Sec. 1
  Procedures in committee, see applicable subject matter under 
      COMMITTEES, STANDING
  Records and files, see applicable subject matter under COMMITTEES, 
      STANDING
  Reports of, see applicable subjects under COMMITTEE REPORTS
  Resolution creating, ch 11 Sec. 2
  Standing committees, distinguished from, ch 11 Sec. Sec. 1, 4
  Table showing committees, jurisdiction, and reporting authority, ch 11 
      Sec. Sec. 12, 13
  Uses of, table showing, ch 11 Sec. 13
  Witnesses at hearings, see applicable topics under COMMITTEES, 
      STANDING

                            SENATE AMENDMENTS

  Adhere, motion to--
    effect, ch 51 Sec. 29
    precedence of, ch 51 Sec. Sec. 16, 29
  Amendment of, by House--
    adhere, motion to, to amendment, ch 51 Sec. Sec. 16, 29
    degrees of amendment, permissible, applicability of rule as to, ch 
        51 Sec. 27
    insist on amendment, motion to, ch 51 Sec. 29
    recede, motion to, from amendment, ch 51 Sec. 29
  Appropriation bill, Senate amendment to, in form of limitation--
    conference managers, authority of, with respect to agreeing to, ch 4 
        Sec. 71
  Appropriation, Senate amendment including, on legislative bill--
    conference managers, authority of, with respect to agreeing to 
        Senate amendment, ch 4 Sec. 71
  Appropriation, unauthorized, in Senate amendment--
    amendments in House to Senate amendment, ch 4 Sec. 70
    House disposition of, ch 4 Sec. 70
  Committee of the Whole, consideration in--
    point of order that amendment requires, ch 51 Sec. 9
    requirement of, as to certain amendments generally, ch 12 Sec. 4; ch 
        51 Sec. 9
  Concur, motion to, ch 51 Sec. Sec. 15, 16
  Concur with amendment, motion to, ch 51 Sec. Sec. 15, 16
  Conference, sending bill to, before stage of disagreement (see also 
      CONFERENCE), ch 51 Sec. 14
  Debate on motions to dispose of--
    hour rule, applicability of, ch 16 Sec. 45
  Disagree and request or agree to conference, motion to, ch 51 
      Sec. Sec. 15, 16
  Disagreement, disposition after reaching stage of--
    adhere, motion to, ch 51 Sec. 24
    debate, ch 51 Sec. 25
    insist, motion to, ch 51 Sec. 22
    motions available and precedence of, generally, ch 51 Sec. Sec. 16, 
        18
    motions, privilege of, ch 51 Sec. 17
    privilege of motions, ch 51 Sec. 17
    recede and concur, motion to, ch 51 Sec. 20
    recede and concur with amendment, motion to, ch 51 Sec. 21

[[Page 1014]]

    recognition, ch 51 Sec. 25
    refer to committee, motion to, ch 51 Sec. 23
    table, motion to lay on, ch 51 Sec. 19
  Disagreement, disposition prior to stage of--
    Committee of the Whole, amendments requiring consideration in, 
        restrictions on House disposition of, ch 51 Sec. 9
    conference, sending to (see also CONFERENCE), ch 51 Sec. 14
    consideration by order of the House, generally, ch 51 Sec. 10
    consideration by suspension of the rules, ch 51 Sec. 13
    consideration by unanimous consent, ch 51 Sec. 12
    consideration pursuant to special rule, ch 51 Sec. 11
    House, consideration in, of amendments not requiring consideration 
        in Committee of the Whole, ch 51 Sec. 8
    House, restrictrions on disposition by, of amendments requiring 
        consideration in Committee of the Whole, ch 51 Sec. 9
    motions available and their precedence where amendment considered 
        pursuant to House order, ch 51 Sec. 15
    referral to committees, ch 51 Sec. 7
  Disagreement, stage of, generally--
    defined, ch 51 Sec. 16
    effects of reaching, on motions and procedures available, ch 51 
        Sec. Sec. 16, 18
    reached, how, ch 51 Sec. 16
  Disagree, motion to, ch 51 Sec. Sec. 15, 16
  Division of the question, applicability of demand for--
    concur, motion to, ch 21 Sec. 15
    concur with an amendment, ch 21 Sec. 15
    recede and concur, motion to, ch 21 Sec. 15
  Germaneness issues--
    amendments to Senate amendments, ch 26 Sec. 35; ch 51 Sec. 28
    conference reports and amendments in disagreement, nongermane Senate 
        provisions in, ch 26 Sec. 34; ch 51 Sec. 26
    motions to reject nongermane language, ch 51 Sec. Sec. 26, 28
    points of order, effect of, ch 51 Sec. 28
  Insist, motion to, ch 51 Sec. Sec. 16, 22
  Legislation in Senate amendment to appropriation bill--
    amendments in House to Senate amendment, ch 4 Sec. 70
    conference managers, authority of, with respect to agreeing to 
        Senate amendment, ch 4 Sec. Sec. 70, 71
    House disposition of, ch 4 Sec. 70
  Motions available and their precedence for disposition of, after stage 
      of disagreement reached, ch 51 Sec. Sec. 16, 18
  Motions available and their precedence for disposition of, prior to 
      stage of disagreement, ch 5 Sec. Sec. 15, 16
  Privileged for consideration, certain motions disposing of amendments 
      as, only after stage of disagreement reached, ch 51 Sec. Sec. 9, 
      17
  Recede and concur, motion to, ch 51 Sec. Sec. 16, 20
  Recede and concur with amendment, motion to, ch 51 Sec. Sec. 16, 21
  Recommit, denial of motion to, special rule having effect of, ch 51 
      Sec. 11
  Referral to committee--
    motion to refer, ch 51 Sec. 7
    Speaker, by, ch 51 Sec. 7

[[Page 1015]]

    special rule, by, ch 51 Sec. 7
  Special rule, consideration by, ch 51 Sec. 11
  Special rule self-executing disposition of amendment (see also SPECIAL 
      RULES), ch 51 Sec. 11
  Suspension of the rules, consideration by, ch 51 Sec. 13
  Table, motion to, as applied to amendments or related motions, ch 29 
      Sec. 7; ch 51 Sec. 19
  Unanimous consent, consideration by, ch 51 Sec. 12

             SENATE BILLS ON SPEAKER'S TABLE, DISPOSITION OF

  Committee, authorization by, to call up, ch 51 Sec. 2
  General principles, ch 51 Sec. 1
  Motion, calling up certain bills by--
    committee, authorization by, ch 51 Sec. 2
    consideration of bill, ch 51 Sec. 2
    form of address, ch 51 Sec. 2
    substantially the same as House bill, Senate bill must be, ch 51 
        Sec. 2
  Private bills, ch 51 Sec. 2
  Referral to committee--
    discretion of Speaker, ch 51 Sec. 6
    Speaker, by, ch 51 Sec. 5
  Special rules--
    conditions imposed by, ch 51 Sec. 4
    consideration pursuant to, ch 51 Sec. 4
  Substantially the same as House bill, where bill is, ch 51 Sec. 2
  Unanimous consent, calling bill up by, ch 51 Sec. 3

                  SENATE MEASURES, HOUSE AMENDMENTS TO

  Adhere, motion to, to amendment, ch 51 Sec. Sec. 16, 29
  Degrees of amendment, permissible, applicability of rule restricting, 
      ch 51 Sec. 27
  Germaneness issues, see SENATE AMENDMENTS
  Insist on amendment, motion to, ch 51 Sec. 29
  Recede, motion to, from amendment, ch 51 Sec. 29

                           SENATE, PRACTICE IN

  Germaneness issues--
    appropriation bills, ch 26 Sec. 32
    budget, concurrent resolution on, ch 26 Sec. 32
    budget reconciliation bills, ch 26 Sec. 32
    cloture, after, ch 26 Sec. 32
    House, practice, comparison with, ch 26 Sec. 32
    unanimous-consent agreements prohibiting nongermane amendments, ch 
        26 Sec. 32
  Senate scope rule, ch 13 Sec. 21

                    SENATE, REFERENCES TO, IN DEBATE

  Action by Senate, not in order to urge, ch 16 Sec. 23
  Actions of Senate, characterizing, not in order, ch 16 Sec. 23
  Chair, initiative of, in enforcing rule, ch 16 Sec. 23
  Criticism of Senate, ch 16 Sec. 23
  Individual Senators, references to, ch 16 Sec. 23
  Intent of Senate as to legislation, ch 16 Sec. 23
  Legislative history, quotation from Senate proceedings used for 
      elucidation of, ch 16 Sec. 23
  Name, where Senator not referred to by, ch 16 Sec. 23
  Neutral references, ch 16 Sec. 23
  Permitted references, ch 16 Sec. 23
  Personal references to Senators prohibited, ch 16 Sec. 23
  Procedures in Senate, characterizing, ch 16 Sec. 23

[[Page 1016]]

  Proceedings, references to, ch 16 Sec. 23
  Quotation from Senate proceedings permitted in limited circumstances, 
      ch 16 Sec. 23
  Recognition, denial of further, for references, ch 16 Sec. 23
  Rule, applicable, ch 16 Sec. 23
  ``Senate,'' use of term, ch 16 Sec. 23
  Unanimous consent to make reference, ch 16 Sec. 23

SEPARATE VOTE IN HOUSE ON AMENDMENTS ADOPTED IN COMMITTEE OF THE WHOLE, 
                             SEE AMENDMENTS

                            SERGEANT-AT-ARMS

  Continuance in office, ch 35 Sec. 1
  Duties of, ch 35 Sec. 1
  Order, role in maintaining, ch 16 Sec. 21

                                 SPEAKER

  Calendars, referral of bills to, see CALENDARS
  Chamber, authority over use of, ch 10 Sec. Sec. 1, 2
  Criticism of, see WORDS, UNPARLIAMENTARY
  Debate, participation in, ch 34 Sec. 5
  Duties of, ch 34 Sec. Sec. 1, 4
  Election of, ch 34 Sec. 3--
    Delegates and Resident Commissioner do not vote, ch 5 Sec. 4
    privilege, nominations are of highest, ch 5 Sec. 4
  Galleries, authority over, see GALLERIES
  Limitations on scope of responsibility, ch 34 Sec. 4
  Minority, role in protecting rights of, ch 34 Sec. 1
  Nominations for, ch 34 Sec. 3
  Order, preservation of, on floor and in galleries, see, e.g., DECORUM; 
      GALLERIES; WORDS UNPARLIAMENTARY
  Recesses, authority to declare, see RECESS
  Role of, ch 34 Sec. Sec. 1, 4
  Rooms, unappropriated, authority as to, ch 10 Sec. 1
  Secret sessions, authority as to, see SECRET SESSIONS
  Senate bills on Speaker's table, see SENATE BILLS ON SPEAKER'S TABLE, 
      DISPOSITION OF
  Term of office, ch 34 Sec. 2
  Unanimous-consent requests, proceedings relating to, see UNANIMOUS 
      CONSENT
  Vacancy in office, ch 34 Sec. 2
  Voting, participation in, ch 34 Sec. 5

                           SPEAKER PRO TEMPORE

  Appointment of, ch 34 Sec. 6
  Authority of--
    elected or appointed Speaker pro tempore, authority of, ch 34 Sec. 6
    limitations on, ch 34 Sec. 6
  Election of, ch 34 Sec. 6
  Majority party, usually a member of, ch 34 Sec. 6
  Member of House, must be, ch 34 Sec. 6
  Oath of office, ch 34 Sec. 6

SPECIAL ORDER FOR CONSIDERATION OF BILL, see SPECIAL RULES; UNANIMOUS 
CONSENT

SPECIAL ORDER OF BUSINESS, RESOLUTION FROM COMMITTEE ON RULES PROVIDING 
FOR, see SPECIAL RULES

                         SPECIAL-ORDER SPEECHES

  Hour, one, Members designated by party leaders may speak for, ch 36 
      Sec. 3
  Recognition--
    alternation between majority and minority, ch 16 Sec. 50

[[Page 1017]]

    limitations on recognition, ch 16 Sec. 50
    midnight, denial of recognition after, ch 16 Sec. 50
    policy statement by Speaker, ch 16 Sec. 50
  Time, limit on extension of, ch 16 Sec. 48
  Unanimous consent, by, ch 36 Sec. 3

                              SPECIAL RULES

  Amendment, process of, various forms of special rules affecting, ch 2 
      Sec. 11
  Amendment to be reported to House, rule specifying, where more than 
      one is adopted, ch 2 Sec. 30
  Amendments, order of consideration of, may be prescribed by, ch 2 
      Sec. 28
  Amendments to rule, ch 52 Sec. 4
  Applicability, generally, to various measures, ch 52 Sec. 1
  Budget resolutions, consideration of, see BUDGET PROCESS
  Calling up, ch 52 Sec. Sec. 2, 3
  Closed rule--
    generally, purpose of, ch 2 Sec. 11; ch 52 Sec. 6
  Committee on Rules--
    authority, restrictions on, ch 52 Sec. 1
    jurisdiction of, ch 52 Sec. 1
    recommit, motion to, restrictions on special rules that would 
        prevent, ch 52 Sec. 1
  Conditions stated in rule for consideration of measure, generally, ch 
      16 Sec. 3
  Debate, designating Members to control--
    amendment, manager of bill opposed to, ch 16 Sec. 14
    committee, reporting, chairman and ranking minority member of, ch 16 
        Sec. 14
    committees, multiple, dividing debate among, ch 16 Sec. 14
    time limits, establishing, ch 16 Sec. 44
  Debate, limiting or extending time for in House, ch 16 Sec. 48
  Debate on special rule--
    hour rule, under, ch 52 Sec. 4
    yielding time, Member in charge as, ch 16 Sec. 15; ch 52 Sec. 4
  Dilatory motions during consideration of rule not permitted, ch 52 
      Sec. 4
  Discharging rule from Committee on Rules, ch 19 Sec. Sec. 1, 3, 7
  Divisible, rule not, ch 52 Sec. 4
  En bloc, consideration of amendments, special rule may permit, ch 2 
      Sec. 30
  Filing of, form of, ch 52 Sec. 3
  ``First amendment adopted'' rule, ch 2 Sec. 30
  ``Hereby,'' adoption provided, see below, Self-executing adoption of 
      amendments or provisions
  ``King of the Hill'' procedure, ch 2 Sec. 30; ch 52 Sec. 6
  Mandatory, rule may make consideration, ch 16 Sec. 3
  Modification of rule by subsequent resolution, ch 52 Sec. 5
  Modification of rule by unanimous consent in House, ch 52 Sec. 5
  Modification of rule, material, not permitted in Committee of the 
      Whole, ch 12 Sec. 9; ch 52 Sec. 5
  Modified closed rule--
    generally, purpose of, ch 2 Sec. 11; ch 52 Sec. 6
    modification in Committee of the Whole of amendment made in order by 
        rule, ch 2 Sec. 37
  Modified open rule--
    generally, purpose of, ch 2 Sec. 11
  Open for a time, closed thereafter, rule--
    generally, purpose of, ch 2 Sec. 11; ch 52 Sec. 6
  Open rule--
    generally, purpose of, ch 2 Sec. 11; ch 52 Sec. 6
  Previous question on resolution, effect of rejection of, ch 52 Sec. 4

[[Page 1018]]

  Privilege, conferral of, on measure to be considered, ch 52 Sec. 1
  Recognition, effect on, of, ch 46 Sec. 14
  Recognition for debate on, ch 46 Sec. 13
  Recognition to call up, ch 46 Sec. 13
  Record, Congressional, application of rule permitting only amendments 
      printed in, ch 2 Sec. 12
  Reporting special rules--
    calling up, ch 52 Sec. Sec. 2, 3
    consideration, question of, not applicable, ch 52 Sec. 4
    precedence of report, ch 52 Sec. 2
    privilege of report, ch 52 Sec. 2
    same-day consideration, ch 52 Sec. Sec. 2, 3
    seven-day rule, calling up report under, ch 52 Sec. 2
  Same-day consideration of, ch 52 Sec. Sec. 2, 3
  Scope and uses of, generally, ch 16 Sec. 3; ch 52 Sec. 6
  Self-executing adoption of amendments or provisions--
    budget authority, new, amendment providing, see BUDGET PROCESS
    germaneness rule, point of order under, does not lie against, ch 26 
        Sec. 39
    purpose and form of provision self-executing adoption of amendment, 
        ch 2 Sec. 11; ch 52 Sec. 6
    Senate amendments (see also SENATE AMENDMENTS), ch 51 Sec. 11
  Senate bills, see SENATE BILLS ON SPEAKER'S TABLE, DISPOSITION OF
  Seven-day rule, calling up report under, ch 52 Sec. 2
  Time limitations on debate, establishing--
    generally, ch 16 Sec. 44
  ``Top vote getter'' rule, ch 2 Sec. 30
  Unreported bill, providing for consideration of, ch 52 Sec. 1
  Voting on rule, ch 52 Sec. 4
  Waiver of points of order--
    (e.g., lack of three-day availability, germaneness, budget, 
        legislation on appropriation bills, and unauthorized 
        appropriations)
    amendment, provision making in order, does not preclude points of 
        order in absence of specific waiver, ch 2 Sec. 11
    conference reports, ch 13 Sec. Sec. 24, 25, 28, 30
    implied, waiver is not, in absence of specific waiver, ch 2 Sec. 11
    Ramseyer rule, waiver of, ch 11 Sec. 30
    specific waiver, provision making amendment in order does not 
        preclude points of order in absence of, ch 2 Sec. 11
    statutory provisions enacted as exercise of rule-making authority, 
        ch 52 Sec. 1

SPONSORS OF BILL, see BILLS AND RESOLUTIONS

STATE OF THE UNION ADDRESS, see PRESIDENT

                           SUSPENSION OF RULES

  Adoption of motion--
    vote, two-thirds, ch 16 Sec. 4
  Conference report, adoption of, see CONFERENCE REPORTS
  Days on which motion in order, see below, Motion
  Debate on motion, see below, Motion
  Division of the question, see DIVISION OF THE QUESTION FOR VOTING
  Legislative measures, passage of, ch 53 Sec. 2
  Motion--
    adoption, effect of, ch 53 Sec. 3
    amendments, restrictions on, ch 53 Sec. 8
    application of, ch 53 Sec. 1
    consideration of, ch 53 Sec. 7

[[Page 1019]]

    days on which in order, ch 16 Sec. 2; ch 53 Sec. Sec. 1, 4, 5
    debate on, ch 16 Sec. 4; ch 53 Sec. 7
    notice requirements, ch 53 Sec. 4
    offering, ch 53 Sec. 6
    postponing votes on, ch 53 Sec. 10
    precedence of, ch 53 Sec. 5
    recognition to offer, ch 53 Sec. 6
    rule authorizing, ch 53 Sec. 1
    uses of, ch 53 Sec. 1
    voting on, ch 53 Sec. 10
    withdrawal of, ch 53 Sec. 9
  Motions that are not applied during consideration of motion to 
      suspend, ch 53 Sec. 5
  Notice requirements, see above, Motion
  Privileged, motion as, on specified days, ch 16 Sec. 2; ch 53 
      Sec. Sec. 1, 4, 5
  Rule authorizing, ch 53 Sec. 1
  Rules that are deemed suspended, ch 53 Sec. 3
  Special rules, effect of, ch 53 Sec. 1
  Subject to suspension, rules that are, ch 53 Sec. 3
  Subject to suspension, rules that are not, ch 53 Sec. 3
  Uses of motion, see above, Motion

                         TABLE, MOTION TO LAY ON

  Adoption, effect of, ch 29 Sec. Sec. 1, 7
  Application to particular propositions--
    bills and resolutions, ch 29 Sec. 4
    conference reports on bills in disagreement, not applicable to, ch 
        29 Sec. 4
    motions, certain, ch 29 Sec. 5
    special rules, applicable to, only after rejection of previous 
        question, ch 29 Sec. 4
  Collateral matters carried to table, ch 29 Sec. 7
  Committee of the Whole, not in order in, ch 3 Sec. 5; ch 12 Sec. 20; 
      ch 29 Sec. 2
  Debate on, ch 29 Sec. 6
  Disposing of, ch 29 Sec. 6
  Precedence of, ch 29 Sec. 3
  Previous question--
    ordered, motion to table not in order after previous question is, ch 
        29 Sec. 3
    pending ordering of, ch 29 Sec. 3
    rejection of, motion to table in order after, ch 29 Sec. 3
  Procedure for considering, ch 29 Sec. 6
  Reconsideration of affirmative vote on motion, ch 29 Sec. 8
  Rejection, effect of, ch 29 Sec. 1
  Related matters carried to table when certain propositions are tabled, 
      ch 29 Sec. 7
  Reoffering measure that has been tabled--
    identical or similar in form, ch 29 Sec. 8
    privileges of House, question of, ch 29 Sec. 8
  Senate amendments, tabling motions relating to, ch 29 Sec. 7; ch 51 
      Sec. 19
  Taking matter from table, ch 29 Sec. 8
  Time for making, ch 29 Sec. 2
  Writing, demand that motion be in, ch 29 Sec. 6

TAX OR TARIFF MEASURE IN BILL REPORTED BY COMMITTEE OTHER THAN WAYS AND 
                                  MEANS

  Point of order may be made ``at any time,'' ch 2 Sec. 34
  Point of order may lie against amendments, ch 6 Sec. 21
  Test to determine if appropriation constitutes, ch 4 Sec. 50

         TAX RATE INCREASE, INCOME, REQUIRING THREE-FIFTHS VOTE

  Conference report, in, ch 13 Sec. 36
  Rule, applicable, ch 58 Sec. 29

[[Page 1020]]

                          TELEPHONES, WIRELESS

  Restrictions on use of, ch 10 Sec. 3; ch 16 Sec. 21

              TELEVISION AND RADIO COVERAGE OF PROCEEDINGS

  Restrictions on, ch 10 Sec. 5
  Speaker's authority as to, ch 10 Sec. 5

TITLE OF BILL, AMENDMENT TO, see AMENDMENTS

                            UNANIMOUS CONSENT

  Committee of the Whole, restrictions on use in, ch 12 Sec. 2; ch 54 
      Sec. Sec. 1, 8
  Consideration of measures pursuant to agreement--
    Committee of the Whole, in, ch 54 Sec. 8
    House, in, ch 54 Sec. 7
  Denial, grounds for, ch 54 Sec. 9
  Effect of agreement, ch 54 Sec. 1
  Form of making request, ch 54 Sec. 4
  House, as affecting business in, ch 54 Sec. 7
  Limitations on requests, ch 54 Sec. 9
  Modification of agreement, ch 54 Sec. 10
  Objections to request--
    effect, ch 54 Sec. 5
    reserving, ch 54 Sec. 6
  Recognition for requests--
    Speaker's guidelines, ch 54 Sec. 2
    specific purpose, ch 54 Sec. 2
    unreported measures, ch 54 Sec. 2
  Reconsideration of agreement, ch 54 Sec. 10
  Restrictions on uses of requests, ch 54 Sec. 9
  Revocation of agreement, ch 54 Sec. 10
  Time for making requests, ch 54 Sec. 3
  Use of requests, ch 54 Sec. 1
  Waiver of points of order--
    conference reports, against, ch 13 Sec. Sec. 24, 25, 28, 30
    Ramseyer rule, waiver of, ch 11 Sec. 30
  Waiver, rules not subject to, ch 54 Sec. 9
  Withdrawal of amendment in Committee of the Whole, AMENDMENTS; 
      COMMITTEE OF THE WHOLE
  Withdrawal of request, ch 54 Sec. 4

                           UNFINISHED BUSINESS

  Adjournment, business unfinished at, ch 55 Sec. 1
  Committee of the Whole, rising of, before action completed on measure, 
      ch 12 Sec. Sec. 19, 29; ch 55 Sec. 7
  Day certain, business postponed to, ch 55 Sec. 6
  Days, designated, business considered on, ch 55 Sec. 4
  Defined, ch 55 Sec. 1
  Enacting clause, recommendation as to striking, upon rejection of, ch 
      12 Sec. 19
  Postponement of business to day certain, effect of, ch 55 Sec. 6
  Previous question, effect of having ordered, ch 55 Sec. 3
  Quorum, lack of, effect of, ch 55 Sec. 5
  Rise, business pending at time of motion to, ch 12 Sec. Sec. 19, 29; 
      ch 55 Sec. 7
  Speaker's authority to postpone questions (see also POSTPONEMENT), ch 
      55 Sec. 1
  Voting as--
    postponement of vote, effect of, ch 55 Sec. 5
    quorum, postponement for lack of, ch 55 Sec. 5

UNFUNDED MANDATES, see BUDGET PROCESS

UNPARLIAMENTARY REMARKS, see WORDS, UNPARLIAMENTARY

                                  VETO

  Constitutional provisions, ch 57 Sec. 1
  Debate in House, ch 57 Sec. 5
  Discharge, motion to, committee from consideration of veto message and 
  bill--
    agreed to, effect where, ch 57 Sec. 4

[[Page 1021]]

    debatable under hour rule, ch 19 Sec. 8; ch 57 Sec. 4
    precedence of, ch 19 Sec. 8
    privileged, ch 19 Sec. 8; ch 57 Sec. 4
    table, effect of adoption of motion to lay on, ch 19 Sec. 8
    table, subject to motion to lay on, ch 19 Sec. 8
  House action on vetoed bills--
    generally, ch 57 Sec. 2
    debate, ch 57 Sec. 5
  Line Item Veto Act--
    generally, ch 57 Sec. 8
    Constitution, held to violate presentment clause of, ch 7 Sec. 17; 
        ch 57 Sec. 8
    history and use, ch 7 Sec. 17; ch 57 Sec. 8
  Messages, ch 57 Sec. Sec. 1, 2
  Motions in order, ch 57 Sec. 4
  Pocket veto--
    adjournment, final, use after, ch 57 Sec. 7
    adjournment, intersession, effect of, ch 57 Sec. 7
    adjournment, intrasession, effect of, ch 57 Sec. 7
    defined, ch 57 Sec. 1
    receive messages, conferral of authority to, effect of, ch 57 Sec. 7
  Postponement of consideration, ch 57 Sec. 4
  Previous question on reconsideration of bill, status of motion for, ch 
      57 Sec. 2
  Privileged, consideration as, ch 57 Sec. 3
  Referral to committee, ch 57 Sec. 4
  Time period in which President must act on bill, ch 57 Sec. Sec. 1, 7
  Voting to override--
    reconsider, motion to, not in order, ch 57 Sec. 6
    two-thirds vote, ch 57 Sec. 6

VETO, LEGISLATIVE, see DISAPPROVAL ACTION, CONGRESSIONAL

                             VICE PRESIDENT

  Disability of President, see PRESIDENT
  House and Senate, role of, in filling vacancy in office of, ch 24 
      Sec. 4
  Vacancy in office of, ch 24 Sec. 4

                                 VOTING

  Absent Members, voting by proxy for, prohibited, ch 58 Sec. 3
  Adjourn, motion to, see ADJOURNMENT
  Amendments, order of voting on, see AMENDMENTS
  Announcements by Members absent for vote, ch 58 Sec. 28
  Ballot, vote by, ch 58 Sec. 1
  Bells and signals--
    alerts, voting, ch 58 Sec. 20
    changes in system announced, ch 10 Sec. 3
    malfunctions, ch 10 Sec. 3; ch 58 Sec. 20
    meaning of the various signals, ch 58 Sec. 20
    quorum calls, used to alert Members to, ch 10 Sec. 3; ch 58 Sec. 20
  Chair, role of--
    count by Chair, ch 58 Sec. Sec. 6, 10
    decisive, duty when vote would be, ch 58 Sec. 5
    duties generally, ch 58 Sec. 4
    question, putting the, ch 58 Sec. 4
    voting by Chair, ch 58 Sec. 5
  Changing vote, ch 58 Sec. 25
  Closing vote, ch 58 Sec. Sec. 20, 24
  ``Clustered'' votes, see below, Postponing proceedings
  Conference reports, see CONFERENCE REPORTS
  Conviction of crime, effect of, on Member's right to vote, see ETHICS
  Correction of record, ch 58 Sec. 26
  Corrections Day Calendar, bill called up from, three-fifths vote 
      required on, ch 58 Sec. 29
  Count by Chair, ch 58 Sec. Sec. 6, 10
  Demand for yeas and nays, see below, Yeas and nays

[[Page 1022]]

  Disqualification to vote, ch 58 Sec. 8
  Division of the question, see DIVISION OF THE QUESTION FOR VOTING
  Division vote--
    count, ch 58 Sec. 10
    defined, ch 12 Sec. 17; ch 58 Sec. 10
    demand for, ch 58 Sec. 10
    interruptions during count, ch 58 Sec. 10
    recorded, not, ch 58 Sec. 9
    recorded vote or yea and nay vote, precedence of demand for, ch 58 
        Sec. 10
    timeliness of demand for, ch 58 Sec. 10
  Duty of Members, ch 58 Sec. 7
  Electronic voting system--
    changing vote, ch 58 Sec. Sec. 2, 25
    correcting vote, ch 58 Sec. 26
    malfunction in, ch 58 Sec. 2
    recapitulations, ch 58 Sec. 27
    verification of vote, ch 58 Sec. 2
  Engrossment, see ENGROSSMENT
  Excusing Member from, ch 58 Sec. 7
  ``Fifteen-and-five'' votes, ch 58 Sec. 21
  Fifteen-minute votes, ch 58 Sec. 20
  Five-minute votes in House, ch 58 Sec. 21
  Methods of, generally, ch 58 Sec. 1
  Open, holding vote, ch 58 Sec. 24
  Order of voting on amendments, see AMENDMENTS
  Pairing, ch 58 Sec. 19
  Postponing proceedings--
    amendments, on, ch 58 Sec. 22
    Chairman of Committee of the Whole may postpone and cluster requests 
        for recorded votes on amendments, ch 2 Sec. 28; ch 58 Sec. 22
    ``clustered'' votes in Committee of the Whole, ch 58 Sec. 22
    ``clustered'' votes in House, ch 58 Sec. 23
    Committee of the Whole, in, ch 58 Sec. 22
    discretion of Chair, ch 58 Sec. Sec. 22, 23
    House, in, ch 58 Sec. 23
    withdrawal of request for recorded vote on amendment on which 
        proceedings had been postponed, disposition of amendment in 
        accord with earlier voice vote after, ch 2 Sec. 28
  Preference, announcement as to voting, by Member who was absent, ch 58 
      Sec. 28
  Proxy voting prohibited, ch 58 Sec. 3
  Recapitulations, ch 58 Sec. 27
  Recorded, certain votes are not--
    division vote, see above, Division vote
    teller vote, see below, Teller vote
    voice vote, see below, Voice vote
  Recorded vote--
    Committee of the Whole, in, ch 58 Sec. 12
    constitutional provisions, ch 58 Sec. 12
    defined, ch 12 Sec. 17; ch 58 Sec. 12
    demand for, ch 58 Sec. 12
    pairing, ch 58 Sec. 19
    quorum required for demand in certain cases, ch 58 Sec. 12
    renewal of demand for, ch 58 Sec. 12
    repetition of demand for, ch 58 Sec. 12
    roll call votes, ch 58 Sec. 17
    teller votes with clerks, ch 58 Sec. 18
    timeliness of demand for, ch 58 Sec. 12
    withdrawal of demand for, ch 58 Sec. 12; ch 59 Sec. 5
    withdrawal of request for, disposition of amendment in accord with 
        earlier voice vote after, ch 2 Sec. 28
    yea and nay votes, see below, Yea and nay votes
  Reducing time for voting, ch 58 Sec. Sec. 21, 22
  Result of vote, effect of announcing, ch 58 Sec. Sec. 24, 25
  Roll call--
    adjourn, motion to, prior to, ch 58 Sec. 17
    defined, ch 12 Sec. 17; ch 58 Sec. 17

[[Page 1023]]

    interruptions, ch 58 Sec. 17
  Separate vote in House on amendments adopted in Committee of the 
      Whole, see AMENDMENTS
  Super-majority votes, ch 58 Sec. 29
  Tax rate increase, income, requiring three-fifths vote, see TAX RATE 
      INCREASE, INCOME, REQUIRING THREE-FIFTHS VOTE
  Tellers, vote by--
    clerks, with, ch 58 Sec. 18
    defined, ch 12 Sec. 17; ch 58 Sec. 18
    recorded, not, certain votes are, ch 58 Sec. 11
    recorded vote, ch 58 Sec. 18
  Tie votes, ch 58 Sec. 29
  Time periods for--
    additional time for Members to vote, permitting, ch 58 Sec. 24
    bells and signals, see above, Bells and signals
    closing vote, ch 58 Sec. Sec. 20, 24
    discretion of Chair, ch 58 Sec. Sec. 20, 21, 24
    ``fifteen-and-five'' votes, ch 58 Sec. 21
    fifteen-minute votes, ch 58 Sec. 20
    five-minute votes in House, ch 58 Sec. 21
    open, holding vote, ch 58 Sec. 24
    reduce time, discretion of chair to, ch 58 Sec. Sec. 21, 22
    reduce time, unanimous consent to, ch 58 Sec. 21
    result of vote, effect of announcing, ch 58 Sec. 24
  Two-thirds vote, requirement of, on certain propositions, ch 58 
      Sec. 29
  Voice vote--
    defined, ch 12 Sec. 17; ch 58 Sec. 9
    questioning result, ch 58 Sec. 9
    recorded, not, ch 58 Sec. 9
  Yeas and nays--
    adjournment, effect of, ch 58 Sec. 13
    ``automatic'' yea and nay votes, ch 58 Sec. 16
    Committee of the Whole, not in order in, ch 58 Sec. 12
    constitutional provisions, ch 58 Sec. 12
    demand for, ch 58 Sec. 14
    effect of ordering, ch 58 Sec. 13
    ordering, ch 58 Sec. 13
    precedence of demand for, ch 58 Sec. 14
    procedure for voting, ch 58 Sec. 15
    quorum not necessary for demand, ch 58 Sec. 14
    reconsideration of vote on ordering or on the main question, ch 58 
        Sec. 15
    recorded votes, other, distinguished, ch 58 Sec. 12
    repetition of demand, ch 58 Sec. 14
    time for making demand, ch 58 Sec. 14
    withdrawal of demand for, ch 58 Sec. 14; ch 59 Sec. 5

           WITHDRAWAL OF MOTIONS, REQUESTS, AND OTHER MATTERS

  Amendment, of, ch 59 Sec. Sec. 1, 4
  Demand that words be taken down, ch 59 Sec. 4
  Modify, right to, as related to right to withdraw, ch 59 Sec. 3
  Motions, of, ch 59 Sec. 1
  Points of order, of, ch 59 Sec. 4
  Precluded, when withdrawal of matter may be, ch 59 Sec. 2
  Quorum, point of order of no, ch 59 Sec. 4
  Reservation of point of order, of, ch 59 Sec. 4
  Resolution, of, ch 59 Sec. 1
  Vote, recorded, demand for, ch 58 Sec. 12; ch 59 Sec. 5
  Words, unparliamentary, of, ch 59 Sec. 4

                         WORDS, UNPARLIAMENTARY

  Censure for, early cases of, ch 25 Sec. 23
  Colloquialisms--
    context of debate as factor in determining propriety, ch 16 Sec. 38
    meaning, current, ch 16 Sec. 38

[[Page 1024]]

    rulings, illustrative, ch 16 Sec. 38
  Committee of the Whole, action taken by--
    demand that words be taken down, ch 16 Sec. 27
    point of order, ch 16 Sec. 27
    reporting words to House, ch 16 Sec. 27
  Committees or their actions, remarks criticizing--
    remarks ruled in order, ch 16 Sec. 34
    remarks ruled out of order, ch 16 Sec. 34
  Context of debate as factor in determining propriety, ch 16 
      Sec. Sec. 22, 31, 38
  Criticism of House or Members, see below, e.g., House or membership 
      generally, references to
  Disciplinary action, ch 16 Sec. Sec. 31, 32
  Expiration of time, verbal outburst after, ch 16 Sec. 22
  Explain words, permission to, ch 16 Sec. Sec. 28, 30
  Explain words, request by Speaker that Member, ch 16 Sec. 30
  Expunging remarks from Record, ch 15 Sec. 3
  Factors considered in judging propriety, ch 16 Sec. Sec. 22, 31, 38
  Floor, losing, ch 16 Sec. 17
  House, list of procedures available in, ch 16 Sec. 26
  House or membership generally, references to--
    critical comments ruled in order, ch 16 Sec. 33
    critical comments ruled out of order, ch 16 Sec. 33
  Legislative actions or proposals, criticism of--
    motives, personal, impugning, ch 16 Sec. 36
    political motivation for positions, ch 16 Sec. 36
  Loyalty, reference to others'--
    rulings, illustrative, ch 16 Sec. 43
  Members, other, remarks criticizing, see below, Words considered as 
      out of order
  Newspapers or other publications, excerpts from, ch 16 Sec. 37; ch 25 
      Sec. 5
  Papers, reading from, ch 16 Sec. 28
  Patriotism, references to others'--
    rulings, illustrative, ch 16 Sec. 43
  Permitting Member to proceed, ch 16 Sec. Sec. 31, 32
  Personalities, engaging in--
    call to order for, ch 16 Sec. 22
  Personal privilege, question of, not based on words in debate, ch 16 
      Sec. 27
  President, references to, ch 16 Sec. 25
  Procedure upon demand that words be taken down, see below, Taking down 
      the words, procedure for, upon demand
  Proceed in order, permitting Member to, ch 16 Sec. Sec. 31, 32
  Record, expunging remarks from, ch 15 Sec. 3; ch 16 Sec. Sec. 29, 32
  Record, material inserted in, ch 16 Sec. Sec. 22, 28
  Sarcasm or satire--
    context of debate as factor in determining propriety, ch 16 Sec. 38
    rulings, illustrative, ch 16 Sec. 38
    tone and mannerisms as factors in determining propriety, ch 16 
        Sec. 38
  Senate, references to, see SENATE, REFERENCES TO, IN DEBATE
  Speaker, criticism of--
    conduct that is subject of investigation, ch 16 Sec. 35
    ruling of Speaker, remarks questioning propriety of, ch 16 Sec. 35
    ruling, Speaker may appoint Member to make, ch 16 Sec. 35
    timeliness of challenge to remarks, ch 16 Sec. 35
    vote count, questioning, ch 16 Sec. 35
  Speaker's ruling--
    appeals from, ch 16 Sec. 31

[[Page 1025]]

    context of debate as factor in determining propriety, ch 16 
        Sec. Sec. 22, 31, 38
    dictionary, use of, ch 16 Sec. 31
    disciplinary action by House, ch 16 Sec. Sec. 31, 32
    factors considered in judging propriety, ch 16 Sec. Sec. 22, 31, 38
    mannerisms as factor in determination, ch 16 Sec. 38
    tone of voice as factor in determination, ch 16 Sec. 38
  Taking down the words, procedure for, upon demand--
    Committee of the Whole, rising of, ch 12 Sec. 16
    debate on words objected to not in order, ch 16 Sec. Sec. 28, 31
    form of demand, ch 16 Sec. 28
    permission to explain words, ch 16 Sec. Sec. 28, 30
    Speaker's ruling, see above, Speaker's ruling
    timeliness of demand, ch 16 Sec. 28
    withdrawal of demand, ch 16 Sec. 28
  Timeliness of objection to words, ch 16 Sec. 28
  Truth of allegations as to unethical behavior not a defense to point 
      of order, ch 16 Sec. 37
  Vice President, references to, ch 16 Sec. 25
  Withdrawal of demand that words be taken down, ch 16 Sec. 28; ch 59 
      Sec. 4
  Withdrawal or modification of words, ch 16 Sec. Sec. 29, 31; ch 59 
      Sec. 4
  Words considered as out of order--
    committees or their actions, remarks critical of, illustrative 
        rulings on, ch 16 Sec. 34
    cutthroat or gambler, ch 16 Sec. 38
    demagoguery, charges of, ch 16 Sec. 36
    deception, charges as to, ch 16 Sec. Sec. 37, 40
    falsehood, charges as to, ch 16 Sec. Sec. 37, 40
    gambler or cutthroat, ch 16 Sec. 38
    House or membership generally, remarks critical of, illustrative 
        rulings on, ch 16 Sec. 33
    identifiable Member, personal remarks about, ch 16 Sec. 37
    intelligence, lack of, ch 16 Sec. 41
    knowledge, lack of, ch 16 Sec. 41
    lying, accusations of, ch 16 Sec. 40
    Members, other, illustrative rulings on remarks criticizing, ch 16 
        Sec. 37
    motives, personal, remarks questioning, ch 16 Sec. Sec. 36, 37, 39
    personalities, engaging in, ch 16 Sec. 22
    President, personal or offensive references to, ch 16 Sec. 25
    race, reference to another's, ch 16 Sec. 42
    racism, ch 16 Sec. Sec. 36, 42
    religion, gratuitous reference to another's, ch 16 Sec. 42
    Senate, references to, see SENATE, REFERENCES TO, IN DEBATE
    snooper, ch 16 Sec. 37
    Speaker, criticism of, see above, Speaker, criticism of
    stool pigeon, ch 16 Sec. 38
    vice and meannesses, prodigy of, ch 16 Sec. 38
  Words not considered as out of order--
    arguments or position on legislative proposal, remarks criticizing, 
        as allowed wide latitude, ch 16 Sec. 37
    committees or their actions, remarks critical of, illustrative 
        rulings on, ch 16 Sec. 34
    English, if the gentleman can understand, ch 16 Sec. 38
    House or membership generally, remarks critical of, illustrative 
        rulings on, ch 16 Sec. 33

[[Page 1026]]

    legislative actions or proposals, criticism of, not impugning 
        personal motives, ch 16 Sec. 36
    Members, other, illustrative rulings on remarks criticizing, ch 16 
        Sec. 37
    motives, political, remarks questioning, ch 16 Sec. 36
    political motives, remarks questioning, ch 16 Sec. 36
    President, motives of, remarks as to, ch 16 Sec. 25

``WORKS-IN-PROGRESS'' EXCEPTION, see APPROPRIATIONS, UNAUTHORIZED

YIELDING FLOOR, see AMENDMENTS; DEBATE; PARLIAMENTARY INQUIRY
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