    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
    [104th Congress]
    [House Document 103-342]
    [Rules of the House of Representatives]
    [Pages 313-852]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 313]]

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

                      RULES OF THE HOUSE OF REPRESENTATIVES

                                      with

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

    [[Page 315]]

                              NOTES AND ANNOTATIONS

        RULES OF THE HOUSE OF REPRESENTATIVES, WITH NOTES AND ANNOTATIONS

                                   __________

                                     Rule I.

                             DUTIES OF THE SPEAKER.

    Sec. 621. Journal;
    Speaker's approval.

      1. The Speaker shall take the Chair on every legislative day precisely
    at the hour to which the House shall have adjourned at the last sitting
    and immediately call the Members to order.  The Speaker, having examined the Journal of the
    proceedings of the last day's sitting and approved the same, shall
    announce to the House his approval of the Journal, and the Speaker's
    approval of the Journal shall be deemed to be agreed to subject to a
    vote on agreeing to the Speaker's approval on the demand of any Member,
    which vote, if decided in the affirmative, shall not be subject to a
    motion to reconsider. It shall be in order to offer one motion that the
    Journal be read only if the Speaker's approval of the Journal is not
    agreed to, and such motion shall be determined without debate and shall
    not be subject to a motion to reconsider.

    [[Page 316]]

      This clause was adopted in 1789, amended in 1811, 1824 (II, 1310),
    1971 (Jan. 22, 1971, pp. 14-15, 140-44, with the implementation of the
    Legislative Reorganization Act of 1970, 84 Stat. 1140) and 1979 (H. Res.
    5, 96th Cong., Jan. 15, 1979, pp. 7, 16).

      The hour of meeting is fixed by standing order, and has traditionally
    been set at 12 m. (I, 104-109, 116, 117; IV, 4325); but beginning in the
    95th Congress, the House by standing order formalized the practice of
    varying its convening time to accommodate committee meetings on certain
    days of the week and to maximize time for floor action on other days. In
    the 100th through the 103d Congresses, the House adopted a resolution
    providing that it meet at noon on Mondays and Tuesdays, 2 p.m. on
    Wednesdays, and 11 a.m. on Thursdays and the balance of the week through
    May 14, after which the convening time for Wednesdays through Saturdays
    would advance to 10 a.m. for the remainder of the session (e.g., H. Res.
    7, 100th Cong., Jan. 6, 1987, p. 19). In the 104th Congress the House
    adopted a resolution providing that it meet at 2 p.m. on Mondays, 11
    a.m. on Tuesdays and Wednesdays, and 10 a.m. on Thursdays and the
    balance of the week through May 13, after which the convening time would
    advance to noon on Mondays and 10 a.m. for the balance of the week for
    the remainder of the session (H. Res. 8, Jan. 4, 1995, p. ----). The
    House retains the right to vary from this schedule by use of the motion
    to adjourn to a day or time certain as provided in clause 4 of rule XVI.
    By special order, the House may provide for a session of the House on a
    Sunday, traditionally a ``dies non'' under the precedents of the House
    (Dec. 17, 1982, p. 31946; Dec. 18, 1987, p. 36352; Nov. 19, 1989, p. --
    --; Aug. 20, 1994, p. ----). Beginning in the second session of the 103d
    Congress, the House has by unanimous consent agreed to convene at an
    earlier hour on Mondays and Tuesdays for morning-hour debate and then
    recess to the hour established for convening under this clause (Feb. 11,
    1994, p. ----; May 23, 1994, p. ----; June 8, 1994, p. ----; June 10,
    1994, p. ----; Jan. 4, 1995, p. ----; Feb. 16, 1995, p. ----; May 12,
    1995, p. ----; see Sec. 753b, infra).

    [[Page 317]]
    reading or amendment of the Journal, and there is an objection to the
    vote, a call of the House under clause 4 of rule XV is automatic (Feb.
    2, 1977, pp. 3342-43). Pursuant to clause 5(b)(1) of this rule as
    amended in the 98th Congress, the Speaker may postpone until a later
    time on the same legislative day a record vote on the Chair's approval
    of the Journal (H. Res. 5, Jan. 3, 1983, p. 34). Where the House
    adjourns on consecutive days without having approved the Journal of the
    previous days' proceedings, the Speaker puts the question de novo in
    chronological order as the first order of business on the subsequent day
    (Nov. 3, 1987, p. 30592).
      Immediately after the Members are called to order prayer is offered by
    the Chaplain (IV, 3056), and the Speaker declines to entertain a point
    of no quorum before prayer is offered (VI, 663; clause 6(a)(1) of rule
    XV). Pursuant to clause 1 of rule I, as in effect in the 95th Congress,
    directing the Speaker to announce his approval of the Journal ``on the
    appearance of a quorum'' after having called the House to order, a point
    of order of no quorum could be made after the prayer and before the
    approval of the Journal when the House convened, notwithstanding the
    provisions of clause 6(e) of rule XV, allowing such points of order in
    the House only when the Speaker had put the pending motion or
    proposition to a vote (Oct. 3, 1977, p. 31987); prior practice had
    permitted a point of no quorum prior to the reading of the Journal (IV,
    2733; VI, 625) or during its reading (VI, 624). In the 96th Congress,
    the House eliminated the necessity for the appearance of a quorum before
    the Speaker's announcement of his approval of the Journal (H. Res. 5,
    Jan. 15, 1979, pp. 7, 16). The current rule specifies that it is not in
    order to make or entertain a point of order that a quorum is not present
    unless the Speaker has put the pending motion or proposition to a vote
    (clause 6(e) of rule XV, as added in the 95th Congress). If a quorum
    fails to respond on a motion incident to the approval,

      Prior to the 92d Congress, the reading of the Journal was mandatory,
    could not be dispensed with except by unanimous consent (VI, 625; Sept.
    19, 1962, p. 19941), or by motion to suspend the rules (IV, 2747-2750).
    It had to be read in full when demanded by any Member (IV, 2739-2741;
    VI, 627, 628; Feb. 22, 1950, p. 2152), but the demand came too late
    after the Journal was approved (VI, 626). Under the rule as in effect
    before the 95th Congress, pending the Speaker's announcement of his
    approval of the Journal and prior to approval by the House, any Member
    could offer a privileged, non-debatable motion that the Journal be read
    (Apr. 23, 1975, p. 11482).

      The Journal of the last day of a session is not read on the first day
    of the next session (IV, 2742). No business is transacted before the
    reading (IV, 2751-2756; VI, 629, 630, 637); not even consideration of a
    conference report (VI, 630). However, the motion to adjourn (IV, 2757;
    Speaker Wright, Nov. 2, 1987, p. 30387) and the swearing in of a Member
    (I, 172) could take precedence, and a question of privilege relating to
    a breach of privilege (such as an assault) occurring during the reading
    or approval of the Journal may interrupt its reading or approval (II,
    1630).

      Once begun, the reading may not be interrupted, even by business so
    highly privileged as a conference report (V, 6443; rule XXVII); but a
    parliamentary inquiry (VI, 624), or an arraignment of impeachment may
    interrupt (VI, 469); and in cases of disorder the reading has been
    suspended (II, 1630; IV, 2759).

    <>   2. He shall preserve order and decorum, and, in case of
    disturbance or disorderly conduct in the gal

    [[Page 318]]
    leries, or in the lobby, may cause the same to be cleared.

      Under the prior rule, the Speaker's examination and approval of the
    Journal was preliminary to the reading and did not preclude subsequent
    amendment by the House itself (IV, 2734-2738). If the Speaker's approval
    of the Journal is rejected, a motion to amend takes precedence of a
    motion to approve (IV, 2760; VI, 633), and a Member offering an
    amendment is recognized under the hour rule (Mar. 19, 1990, p. 4488);
    but the motion is not admissible after the previous question is demanded
    on the motion to approve (IV, 2770; VI, 633; VIII, 2684; Sept. 13, 1965,
    p. 23600).

      This clause was adopted in 1789 and amended in 1794 (II, 1343).

      The Speaker may name a Member who is disorderly, but may not, of his
    own authority, censure or punish him (II, 1344, 1345; VI, 237). In cases
    of extreme disorder in Committee of the Whole the Speaker has taken the
    chair and restored order without a formal rising of the committee (II,
    1348, 1648-1653, 1657); and the Speaker, as an exercise of his authority
    under this clause, has on his own initiative declared the House in
    recess in an emergency (83d Cong., 2d Sess., p. 2324). The authority to
    have the galleries cleared has been exercised but rarely (II, 1352;
    Speaker Albert, Jan. 18, 1972, p. 9). On one occasion, acting on the
    basis of police reports and other evidence, the Speaker ordered the
    galleries cleared before the House convened (May 10, 1972, p. 16576) and
    then informed the House of his decision. In an early instance the
    Speaker ordered the arrest of a person in the gallery; but this exercise
    of power was questioned (II, 1605). While Members are permitted to use
    exhibits such as charts during debate (subject to the permission of the
    House under rule XXX), the Speaker may direct the removal of a chart
    from the well of the House which is not being utilized during debate
    (Apr. 1, 1982, p. 6304; Apr. 19, 1990, p. 7402). The Speaker's
    responsibility to preserve decorum requires that he disallow the use of
    exhibits in debate which would be demeaning to the House or which would
    be disruptive of the decorum thereof (Sept. 13, 1989, p. 20362; Oct. 16,
    1990, p. ----; Oct. 1, 1991, p. ----); thus he may inquire as to a
    Member's intentions, as to the use of exhibits, before conferring
    recognition to address the House (Mar. 21, 1984, p. 6187). In the 101st
    Congress both the Speaker and the Chairman of the Committee of the Whole
    reinforced the Chair's authority to control the use of exhibits in
    debate, distinguishing between the constitutional authority of the House
    to make its own rules and first amendment rights of free speech, and the
    use of all exhibits was prohibited during the consideration of a bill in
    the Committee of the Whole (Oct. 11, 1990, p. ----).

    [[Page 319]]

      Questions having been raised concerning proper attire for Members in
    the Chamber (thermostat controls having been raised to comply with a
    Presidential directive conserving energy in the summer months), the
    Speaker announced he considered traditional attire for Members
    appropriate, including coats and ties for male Members and appropriate
    attire for female Members, but that he would recognize for a question of
    privileges of the House to relax such standards. The Speaker also
    requested a Member in violation of those standards to remove himself
    from the Chamber and appear in appropriate attire, and refused to
    recognize such Member until he did so (Speaker O'Neill, July 17, 1979,
    p. 11461). The House later agreed to a resolution (presented as a
    question of the privileges of the House) requiring Members to wear
    proper attire as determined by the Speaker (July 17, 1979, pp. 186-87).

      Recognition is within the discretion of the Chair, and in order to
    uphold order and decorum in the House as required under clause 2 of rule
    I, the Speaker may deny a Member recognition to address the House under
    the ``one-minute rule'' (Aug. 27, 1980, p. 23456), and may deny further
    recognition to a Member proceeding out of order beyond the one-minute
    for which recognized (Mar. 16, 1988, p. 4081). Even prior to adoption of
    the rules, the Speaker may maintain decorum by directing a Member who
    has not been recognized in debate beyond an allotted time to be removed
    from the well and by directing the Sergeant-at-Arms to present the mace
    as the traditional symbol of order (Jan. 3, 1991, p. ----). A Member's
    comportment may constitute a breach of decorum even though the content
    of that Member's speech is not, itself, unparliamentary (July 29, 1994,
    p. ----).

    Sec. 623. Speaker's control of the Hall, corridors, and
    rooms.

      3.  He shall have general control, except as provided by rule or
    law, of the Hall of the House, and of the corridors and passages and the
    disposal of the unappropriated rooms in that part of the Capitol
    assigned to the use of the House, until further order.

      This clause was adopted in 1811 and amended in 1824, 1885 (II, 1354),
    and April 5, 1911 (VI, 261).

      Control of the appropriated rooms in the House portion of the Capitol
    is exercised by the House itself (V, 7273-7279), but repairs and
    alterations have been authorized by statute (V, 7280-7281; 59 Stat.
    472). On January 15, 1979, the Speaker announced his directive
    concerning free access by Members in the corridors approaching the
    chamber (p. 19). The Speaker has declined to recognize for a unanimous
    consent request to change the decor in the Chamber, stating that he
    would take the ``suggestion'' under advisement in exercising his
    authority under this clause (Mar. 2, 1989, p. 3220).

    [[Page 320]]
    to sign enrolled bills whether or not the House is in session.

    Sec. 624. Speaker's signature to acts, warrants, subpoenas,
    etc.; and decision of questions of order subject to appeal.

      4.  He shall
    sign all acts, addresses, joint resolutions, writs, warrants, and
    subpoenas of, or issued by order of, the House, and decide all questions
    of order, subject to an appeal by any Member, on which appeal no Member
    shall speak more than once, unless by permission of the House. The
    Speaker is authorized

      The portion of this rule relating to decisions on points of order was
    adopted in 1789 and amended in 1811; and the portion relating to the
    signing of acts, etc., was adopted in 1794 (II, 1313). The last sentence
    of this clause, granting the Speaker standing authority to sign enrolled
    bills, even if the House is not in session, was added in the 97th
    Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113).

    Sec. 625. Signing of enrolled bills.

      Enrolled  bills are
    signed first by the Speaker (IV, 3429). He has declined to sign in the
    absence of a quorum (IV, 3458), or pending a motion to reconsider (V,
    5705); and the report of a committee as to the accuracy of the
    enrollment is first submitted, unless, as in rare instances only, the
    House by consent waives the requirement (IV, 3452). In cases of error
    the House has permitted the Speaker's signature to be vacated (IV, 3453,
    3455-3457; VII, 1077-1080). Under the modern practice, the Committee of
    the Whole may rise informally without motion to enable the Speaker to
    assume the Chair and to sign an enrolled bill and lay it before the
    House (Jan. 28, 1980, p. 888; Apr. 30, 1980, p. 9505).

    Sec. 626. Signing of warrants, subpoenas,
    etc.

      Warrants,  subpoenas, etc., during recesses of Congress are signed only by
    authority specially given (III, 1753, 1763, 1806). The issuing of
    warrants must be specially authorized by the House (I, 287) or pursuant
    to a standing rule (clause 4 of rule XV; Sec. 774a, infra). Instance
    wherein the House authorized the Speaker to warrant for the arrest of
    absentees (VI, 638). The Speaker also signs the articles, replications,
    etc., in impeachments (III, 2370, 2455); and certifies cases of
    contumacious witnesses for action by the courts (III, 1691, 1769; VI,
    385; 2 U.S.C. 194). A subpoena validly issued by a committee authorized
    by the House under clause 2(m) of rule XI to issue subpoenas need only
    be signed by the chairman of that committee, whereas when the House
    issues an order or warrant, the Speaker must issue the summons under his
    hand and seal, and it must be attested by the Clerk (III, 1668; see H.
    Rept. 96-1078, p. 22).

    [[Page 321]]
    the question of order may be raised without waiting for the reading to
    be completed (V, 6886-7; VIII, 2912, 3378, 3437), though the Chair may
    decline to rule until the entire proposition has been read (Dec. 14,
    1973, pp. 41716-18). Debate being for his information is within his
    discretion (V, 6919, 6920; VIII, 3446-3448), and Members must address
    the Chair and cannot engage in ``colloquies'' on the point of order
    (Sept. 18, 1986, p. 24083). He is constrained to give precedent its
    proper influence (II, 1317; VI, 248). While the Chair will normally not
    disregard a decision of the Chair previously made on the same facts (IV,
    4045), such precedents may be examined and reversed where shown to be
    erroneous (IV, 4637; VI, 639; VII, 849; VIII, 2794, 3435; Sept. 12,
    1986, p. 23178). Preserving the authority and binding force of
    parliamentary law is as much the duty of each Member of the House as it
    is the duty of the Chair (VII, 1479). The Speaker's decisions are
    recorded in the Journal (IV, 2840, 2841), but responses to parliamentary
    inquiries are not so recorded (IV, 2842). Questions arising during a
    division are decided peremptorily (V, 5926), and when they arise out of
    any other question must be decided before that question (V, 6864).
    Recognition for parliamentary inquiry lies in the discretion of the
    Chair (VI, 541; Apr. 7, 1992, p. ----). The Speaker may recognize and
    respond to a parliamentary inquiry although the previous question may
    have been demanded (Speaker pro tempore Snell, Mar. 27, 1926, p. 6469).
    While the Chair may in his discretion recognize Members for
    parliamentary inquiries when no other Member is occupying the floor for
    debate, when another Member has the floor he must yield for a
    parliamentary inquiry (Oct. 1, 1986, p. 27465; July 13, 1989, p. 14633).

    Sec. 627. Practice governing the Speaker in deciding
    points of order.

      The  Speaker may require that a question of order be
    presented in writing (V, 6865). He is not required to decide a question
    not directly presented by the proceedings (II, 1314), and it is not his
    duty to decide a hypothetical question (VI, 249, 253; Nov. 20, 1989, p.
    ----), as the germaneness of an amendment not yet offered (Dec. 12,
    1985, p. 36167) or previously offered and entertained without a point of
    order (June 6, 1990, p. 13194), or concerning the propriety under
    applicable Budget Act allocations of an amendment not yet offered,
    particularly where the Chair's response may have depended upon the
    disposition of a prior amendment on which proceedings had been postponed
    (June 27, 1994, p. ----). When enough of a proposition has been read to
    show that it is out of order,

      A proper parliamentary inquiry relates to an interpretation of a House
    rule, not of a statute; the Chair has declined to anticipate whether
    bill language would trigger certain executive actions (Sept. 20, 1989,
    p. 20969). In rare instances the Speaker has declined to rule until he
    has taken time for examination of the question (III, 2725; VI, 432; VII,
    2106; VIII, 2174, 2396, 3475). Prior to the 104th Congress, precedents
    and applicable guidelines allowed the Chair to refine a ruling on a
    point of order in the Record in order to clarify the ruling without
    changing its substance, including one sustained by the House on appeal
    (Feb. 19, 1992, p. ----; see H. Res. 230, 99th Cong., July 31, 1985, p.
    21783, and H. Rept. 99-228 (in accordance with existing accepted
    practices, Speaker may make such technical or parliamentary corrections
    or insertions in transcript as may be necessary to conform to rule,
    custom, or precedent); see also H. Res. 330, 101st Cong., Feb. 7, 1990,
    p. 1515, and report of House Administration Task Force on Record
    inserted by Speaker Foley, Oct. 27, 1990, p. ----). However, the Speaker
    ruled that the requirement of clause 9 of rule XIV, which was adopted in
    the 104th Congress, that the Record be a substantially verbatim account
    of remarks made during House proceedings, extended to statements and
    rulings of the Chair (Jan. 20, 1995, p. ----).

    [[Page 322]]
    1992, p. ----). The Chair responds to parliamentary inquiries relating
    in a practical sense to the pending proceedings but does not respond to
    requests to place them in historical context (June 25, 1992, p. ----).
    The Chair will not respond to a parliamentary inquiry involving the
    propriety of words spoken in debate pending a demand under clause 4 of
    rule XIV that those words be ``taken down'' as unparliamentary (June 8,
    1995, p. ----). In interpreting the language of a special order adopted
    by the House, the Chair will not look behind the language of the
    resolution itself where no ambiguity exists therein (June 18, 1986, p.
    14267). He rarely submits a question directly to the House for its
    decision (IV, 3173, 3282, 4930; V, 5014, 5323, 6701; VI, 49; Speaker
    Longworth, Apr. 8, 1926, p. 7148), and rarely raises and submits a
    question on his own initiative (II, 1277, 1315, 1316; VIII, 3405). Even
    as to questions of privilege he usually, in later practice, makes a
    preliminary decision instead of submitting the question directly to the
    House (III, 2648, 2649, 2650, 2654, 2678; Speaker Wright, Mar. 11, 1987,
    p. 5404). He does not decide on the legislative or legal effect of
    propositions (II, 1274, 1323, 1324; VI, 254; VII, 2112; VIII, 2280,
    2841; Mar. 16, 1983, p. 5669), on the consistency of proposed action
    with other acts of the House (II, 1327-1336; VII, 2112, 2136; VIII,
    3237, 3458), whether Members have abused leave to print (V, 6998-7000;
    VIII, 3475), on the constitutional powers of the House (II, 1255, 1318-
    1320, 1490; IV, 3507; VI, 250, 251; VIII, 2225, 3031, 3071, 3427; July
    21, 1947, pp. 9522, 9551; May 13, 1948, p. 5817), on the propriety or
    expediency of a proposed course of action (II, 1275, 1325, 1326, 1337;
    IV, 3091-3093, 3127); and he does not consider contingencies which may
    arise in the future (VII, 1409), such as ruling on the germaneness of an
    amendment not yet offered (May 5, 1988, p. 9936; May 18, 1988, p.
    11404); or take cognizance of complaints relating to pairs (VIII, 3087).
    He passes on the validity of conference reports (V, 6409, 6410, 6414-
    6416; VIII, 3256, 3264), but not on the sufficiency of the accompanying
    statements as distinguished from the form (V, 6511-6513), or on the
    question of whether a conference report violates instructions of the
    House (V, 6395; VIII, 3246). As to reports of committees, he does not
    decide as to their sufficiency (II, 1339, IV, 4653), or whether the
    committee has followed instructions (II, 1338; IV, 4404, 4689); or on
    matters arising in Committee of the Whole (V, 6927, 6928, 6932-6937;
    Dec. 12, 1985, p. 36173); but he has decided as to the validity of the
    authorization of a report (IV, 4592, 4593) and has indicated that a
    point of order could be raised at a proper time where the content of a
    filed report varies from that approved by the committee (May 16, 1989,
    p. 9356). Questions concerning informal guidelines of the Committee on
    Rules for advance submission of amendments for possible inclusion under
    a ``modified closed'' rule may not be raised under the guise of
    parliamentary inquiries, since the Chair would not be called upon to
    interpret any rule of the House (May 5, 1988, p. 9938).

    [[Page 323]]

      The Chair may take a parliamentary inquiry under advisement,
    especially where not related to the pending proceedings (VIII, 2174;
    Apr. 7,

    Sec. 628. Practice, governing appeals.

      The  right of appeal
    insures the House against the arbitrary control of the Speaker and can
    not be taken away from the House (V, 6002); but appeals may not be
    entertained from responses to parliamentary inquiries (V, 6955; VIII,
    3457); when dilatory (V, 5715-5722; VIII, 2822); from decisions on
    recognition (II, 1425-1428; VI, 292; VIII, 2429, 2646, 2762; July 23,
    1993, p. ----; Apr. 4, 1995, p. ----); from decisions on dilatoriness of
    motions (V, 5731); while another is pending (V, 6939-6941); on a
    question on which an appeal has just been decided (IV, 3036; V, 6877);
    between the motion to adjourn and vote thereon (V, 5361); during a call
    of the yeas and nays (V, 6051); from the count by the Chair of the
    number rising to demand tellers (VIII, 3105) or a recorded vote (June
    24, 1976, p. 20390) or the yeas and nays (Sept. 12, 1978, p. 28950) or
    rising to object to a request under clause 2(i) of rule XI that a
    committee have permission to sit under the five-minute rule (Sept. 12,
    1978, p. 28984); from the Chair's count of a quorum (July 24, 1974, p.
    25012); from the Chair's call of a voice vote (July 13, 1994, p. ----;
    Aug. 10, 1994, p. ----); from decision refusing recapitulation of a vote
    (VIII, 3128); and from the Speaker's refusal under clause 6(e) of rule
    XV to entertain a point of order of no quorum when a pending question
    has not been put to a vote (Sept. 16, 1977, p. 29594). The Speaker may
    vote to sustain his own decision (IV, 4569; V, 5686, 6956, 6957).

      The appeal may be debated (VII, 1608; VIII, 2347, 2375, 3453-3455);
    unless the motion is made to lay on the table (V, 5301; Mar. 16, 1988,
    p. 4086), or the previous question is ordered (V, 5448, 5449). An appeal
    from a decision relating to the priority of business (V, 6952), or
    irrelevancy of debate (V, 5056-5063) is not debatable. In practice a
    Member favorable to the ruling usually moves to lay the appeal on the
    table, thus shutting off debate (e.g., Oct. 8, 1968, p. 30215; Apr. 6,
    1995, p. ----). A motion to postpone an appeal has been held in order
    (VIII, 2613). Debate in the House is under the hour rule (V, 4978), but
    may be closed at any time by the adoption of a motion for the previous
    question (V, 6947); or to lay on the table (VIII, 3453). Debate on an
    appeal in the Committee of the Whole is under the five-minute rule (VII,
    1608; VIII, 2347, 2556a, 3454, 3455), and may be closed by motion to
    close debate or to rise and report (V, 6947, 6950; VIII, 3453).

    [[Page 324]]
    tion shall first rise from their <> seats, and then those in the
    negative. If any Member requests a recorded vote and that request is
    supported by at least one-fifth of a quorum, such vote shall be taken by
    electronic device, unless the Speaker in his discretion orders clerks to
    tell the names of those voting on each side of the question, and such
    names shall be recorded by electronic device or by clerks, as the case
    may be, and shall be entered in the Journal, together with the names of
    those not voting. Members shall have not less than fifteen minutes to be
    counted from the ordering of the recorded vote or the ordering of clerks
    to tell the vote.

    Sec. 629. Putting of the question by the Speaker.

      5.  (a) He
    shall rise to put a question, but may state it sitting; and shall put
    questions in this form, to wit: ``As many as are in favor (as the
    question may be), say `Aye'.''; and after the affirmative voice is
    expressed, ``As many as are opposed, say `No'.''; if he doubts, or a
    division is called for, the House shall divide; those in the affirmative
    of the ques

      This paragraph was first adopted in 1789 and its present form reflects
    the revisions and amendments of 1860, 1880 (II, 1311), 1972 (H. Res.
    1123, Oct. 13, 1972, pp. 36005-08), and 1993 (H. Res. 5, Jan. 5, 1993,
    p. ----). From January 22, 1971 (when H. Res. 5 of the 92d Congress was
    adopted incorporating provisions in the Legislative Reorganization Act
    of 1970, 84 Stat. 1140), until October 13, 1972, this rule provided a
    two-step procedure for ordering ``tellers with clerks'' prior to
    installation of the electronic voting system, and for the first time
    permitted Members to be recorded on votes in Committee of the Whole. The
    last two sentences of this paragraph permitting a single-step ``recorded
    vote'' and voting by means of electronic device installed in the Chamber
    in 1972, were contained in House Resolution on October 13, 1972, and
    were made effective by adoption of the rules of the 93d Congress (H.
    Res. 6, Jan. 3, 1973, pp. 26-27). The general provision for demanding a
    vote by tellers was repealed in the 103d Congress (H. Res. 5, Jan. 5,
    1993, p. ----).

      The motion as stated by the Chair in putting the question and not as
    stated by the Member in offering the motion, is the proposition voted on
    (VI, 247). Under this paragraph the Speaker must put the pending
    question to a voice vote prior to entertaining a demand for a recorded
    vote or the yeas and nays (Speaker Foley, Mar. 9, 1992, p. ----). It is
    not in order for a Member having the floor in debate to conduct a
    ``straw vote'' or otherwise ask for a show of support for a proposition.
    See Procedure, ch. 30, sec. 3.1.

    [[Page 325]]
    (V, 6002) and the integrity of the Chair in counting a vote should not
    be questioned in the House (VIII, 3115; July 11, 1985, p. 18550), and
    the Chair's count of Members demanding a recorded vote is not appealable
    (June 24, 1976, pp. 20390-91). A vote by division takes no cognizance of
    Members present but not voting, and consequently the number of votes
    counted by division has no tendency to establish a lack of a quorum
    (June 29, 1988, p. 16504).
      One of the suppositions on which parliamentary law is founded is that
    the Speaker will not betray his duty to make an honest count on a
    division

      In a full House (total membership of 435), a recorded vote is ordered
    by one-fifth of a quorum (44), but in Committee of the Whole a recorded
    vote is ordered by 25 (clause 2(b) of rule XXIII, as added in 96th Cong.
    by H. Res. 5, Jan. 15, 1979, pp. 7, 16), rather than 20 in both cases as
    in prior practice (V, 5986; Dec. 20, 1974, p. 41793). The former right
    to demand tellers was not precluded by the fact that the yeas and nays
    had been refused (V. 5998; VIII, 3103), that a point of no quorum has
    been made against a division vote on the question on which tellers were
    requested (VIII, 3104, by a point of no quorum and a call of the House
    following a division vote on the question on which tellers were demanded
    (Sept. 25, 1969, pp. 27041-42), or by the intervention of a quorum call
    following the refusal of the Committee of the Whole to order a recorded
    vote (Feb. 27, 1974, p. 4447). But only one request for a recorded vote
    on a pending question is in order (Jan. 21, 1976, p. 508), and a demand
    for a recorded vote cannot interrupt a vote by division which is in
    progress (June 10, 1975, p. 18048). While a request for a recorded vote
    once denied may not be renewed, the request remains pending where the
    Chair interrupts the count of Members standing in favor of the request
    in order to count for a quorum pursuant to a point of order that a
    quorum is not present (Aug. 5, 1982, pp. 19658, 19659). Recognition by
    the Chair for a parliamentary inquiry immediately following the Chair's
    announcement of a voice vote on an amendment is not such intervening
    business as to prevent a demand for a recorded vote thereon where the
    Chair has not announced the final disposition of the amendment (May 23,
    1984, p. 13928; July 26, 1984, p. 21249). Where a division vote is
    demanded on a proposition in the House and the vote thereon is then
    postponed pursuant to paragraph (b) of this clause a division may again
    be demanded when the question is put de novo on the proposition as
    unfinished business (since a demand for a division may be made by any
    Member), whereas a demand for the yeas and nays if refused by the House
    may not be renewed (Mar. 18, 1980, pp. 5739-40). Ordinarily, however,
    only one demand for a vote by division on a pending question is in order
    (July 26, 1984, p. 21259; June 29, 1994, p. ----).

    [[Page 326]]
    pointed from the other side (V, 5988) or the position has been left
    vacant (V, 5989). A Delegate may be appointed teller (II, 1302). Where
    there is a doubt as to the count by tellers the Chair may order the vote
    taken again (V, 5991; July 19, 1946, p. 9466), but this must be done
    before he has announced the result (V, 5993-5995; VIII, 3098). The Chair
    may be counted without passing between the tellers (V, 5996, 5997; VIII,
    3100, 3101).

    Sec. 630b. Ordering of tellers and taking of the
    vote.

      In  Committee of the Whole, a request for a recorded vote on an
    amendment once denied may not be renewed even where the absence of a
    quorum is disclosed immediately following the refusal to order a
    recorded vote (June 6, 1979, p. 13648; Oct. 25, 1983, p. 29227). It is
    the duty of the Member to serve as teller when appointed by the Chair
    (V, 5987); but when Members of one side have declined, the second teller
    has been ap

    Sec. 631. Postponing rollcall votes on passage.

      (b)(1)  On
    any legislative day whenever a recorded vote is ordered or the yeas and
    nays are ordered, or a vote is objected to under clause 4 of rule XV on
    any of the following questions, the Speaker may, in his discretion,
    postpone further proceedings on each such question to a designated time
    or place in the legislative schedule on that legislative day in the case
    of the question of agreeing to the Speaker's approval of the Journal, or
    within two legislative days, in the case of the other questions listed
    herein:

          (A) the question of adopting a resolution;

          (B) the question of passing a bill;

          (C) the question of agreeing to a motion to instruct conferees as
    provided in clause 1(c) of rule XXVIII: Provided, however, That
    proceedings shall not resume on said question if the conferees have
    filed a report in the House;

          (D) the question of agreeing to a conference report;

          (E) the question of ordering the previous question on a question
    described in subdivision (A), (B), (C), or (D); and

          (F) the question of agreeing to a motion to suspend the rules.

    [[Page 327]]
    under subparagraph (1), the Speaker shall put each question on which
    further proceedings were postponed, in the order in which that question
    was considered.
      (2) At the time designated by the Speaker for further consideration of
    proceedings postponed

      (3) At any time after the vote has been taken on the first question on
    which the Speaker has postponed further proceedings under this
    paragraph, the Speaker may, in his discretion, reduce to not less than
    five minutes the period of time within which a rollcall vote by
    electronic device on the question may be taken without any intervening
    business on any or all of the additional questions on which the Speaker
    has postponed further proceedings under this paragraph.

      (4) If the House adjourns before all of the questions on which further
    proceedings were postponed under this paragraph have been put and
    determined, then, on the next following legislative day the unfinished
    business shall be the disposition of all such questions, previously
    undisposed of, in the order in which the questions were considered.

    [[Page 328]]
    5, Jan. 3, 1989, p. 72), along with the provision that a question so
    postponed not be put if the conferees sooner file their report. In the
    104th Congress the list of questions susceptible of postponement was
    reordered and expanded to include a vote on ordering the previous
    question on another question that is, itself, susceptible of
    postponement (sec. 223(a), H. Res. 6, Jan. 4, 1995, p. ----).
      Paragraph (b) was added in the 96th Congress (H. Res. 5, Jan. 15,
    1979, p. 7), and subparagraph (b)(1) was amended in the 97th Congress
    (H. Res. 5, Jan. 5, 1981, pp. 98-113) to place all authority for the
    postponing of further proceedings on certain questions into rule I. This
    consolidation was accomplished with the addition of the authority to
    postpone further proceedings on reports from the Committee on Rules
    (formerly clause 4(e) of rule XI) and the authority to postpone further
    proceedings on motions to suspend the rules and pass bills or
    resolutions (formerly clause 3(b) of rule XXVII). The authority for the
    Speaker to postpone further proceedings on agreeing to his approval of
    the Journal until later that legislative day was added to subparagraph
    (b)(1) in the 98th Congress (H. Res. 5, Jan. 3, 1983, p. 34). The
    authority for the Speaker to postpone further proceedings on motions to
    instruct conferees after 20 calendar days in conference was added to
    subparagraph (b)(1) in the 101st Congress (H. Res.

      The Speaker first exercised his authority to postpone a rollcall vote
    on the approval of the Journal on November 10, 1983 (p. 32097). That
    authority includes the power to postpone a division vote on the approval
    of the Journal that is objected to under clause 4 of rule XV (Sept. 21,
    1993, p. ----). But on questions not enumerated in this paragraph, such
    as the initial motion to instruct conferees, unanimous consent is
    required to permit the Speaker to postpone such record votes (Oct. 6,
    1986, p. 28704).

      Pursuant to clause 6(e) of rule XV, prohibiting a point of order of no
    quorum unless the Speaker has put the pending proposition to a vote, the
    Speaker announces, after postponing a vote on a motion to suspend the
    rules where objection has been made to the vote on the grounds that
    quorum is not present, that the point of order is considered as
    withdrawn, since the Chair is no longer putting the question (May 16,
    1977, p. 14785). At the conclusion of debate on all motions to suspend
    the rules on a legislative day, the Speaker announces that he will put
    the question on each motion on which further proceedings have been
    postponed--either de novo if objection to the vote has been made under
    clause 4 of rule XV or for a ``yea and nay'' or recorded vote if
    previously ordered by the House in the order in which the motions had
    been entered (June 4, 1974, pp. 17521-47).

      Under the authority to postpone further proceedings on a specified
    question to a designated time within two legislative days, the Speaker
    may simultaneously designate separate times for the resumption of
    proceedings on separate postponed questions (Mar. 3, 1992, p. ----).
    Once the Speaker has postponed rollcall votes to a designated place in
    the legislative schedule, he may subsequently redesignate the time when
    the votes will be taken within the appropriate period (June 6, 1984, p.
    15080; Oct. 3, 1988, pp. 27782, 27878).

    [[Page 329]]
    would not give adequate notice of the initial five-minute vote (Oct. 8,
    1985, p. 26666). But where a series of votes has been postponed to a
    subsequent day pursuant to this clause, to occur following a fifteen-
    minute vote on another measure not a part of that series, the vote on
    the first postponed measure may be reduced to five minutes only by
    unanimous consent (May 24, 1983, p. 13595). By unanimous consent waiving
    the five-minute minimum set by paragraph (b)(3) of this clause, the
    House has authorized the Speaker to put remaining postponed questions to
    two-minute electronic votes (Oct. 4, 1988, pp. 28126, 28148). The
    Speaker may ``cluster'' postponed votes on a motion to suspend the rules
    and on adoption of a resolution in the order in which those questions
    were considered on the preceding day (July 19, 1983, p. 19774). The
    requirement that the Speaker put each question on motions to suspend the
    rules in the order in which postponed, does not prevent the Speaker from
    entertaining a unanimous consent request for the consideration of a
    similar Senate measure following passage of a House bill and prior to
    the next postponed vote (Feb. 15, 1983, p. 2175). Since a resolution
    raising a question of the privileges of the House takes precedence over
    a motion to suspend the rules, it may be offered and voted on between
    motions to suspend the rules on which the Speaker has postponed record
    votes until after debate on all suspensions (May 17, 1983, p. 12486).
    Under this clause the Speaker is not required to announce his intention
    to postpone at the beginning of consideration of a motion to suspend the
    rules (although that is customarily the courtesy) but may postpone
    further proceedings after a record vote is ordered or an objection is
    raised under clause 4 of rule XV (Feb. 23, 1993, p. ----).

      Following the first postponed vote on motions to suspend the rules,
    the Speaker may in his discretion reduce to not less than 5 minutes the
    time for taking votes on any or all of the subsequent motions on which
    votes have been postponed (June 4, 1974, p. 17547). Having clustered
    record votes on motions to suspend the rules and then having clustered
    record votes on passage of other measures considered immediately after
    debate on the suspension motions, the Speaker may, pursuant to this
    clause, conduct all the postponed votes in one sequence and reduce to
    five minutes the time for all electronic votes after the first
    suspension vote (May 17, 1983, p. 12508; Oct. 2, 1989, p. 22724). But
    the Chair may decline, in his discretion, to recognize for a unanimous
    consent request to reduce to five minutes the first vote in the series,
    since the bell and light system

    Sec. 632. The Speaker's vote. Tie vote.

      6.  He shall not be
    required to vote in ordinary legislative proceedings, except where his
    vote would be decisive, or where the House is engaged in voting by
    ballot; and in cases of a tie vote the question shall be lost.

      This clause was adopted in 1789, with amendment in 1850 (V, 5964), and
    1911.

    [[Page 330]]
    of the roll shows a condition wherein his vote would be decisive (V,
    5969, 6061-6063; VIII, 3075); and he also exercises the right to
    withdraw his vote in case a correction shows it to have been unnecessary
    (V, 5971). The Speakers have the same right as other Members to vote (V,
    5966, 5967) but rarely exercise it (V, 5964, footnote), and the Chair
    may not vote twice (V, 5964). The Chair may be counted on a vote by
    tellers (V, 5996, 5997; VIII, 3100, 3101).

      The Speaker's name is not on the roll from which the yeas and nays are
    called (V, 5970) and is not called unless on his request (V, 5965). It
    is then called at the end of the roll (V, 5965; VIII, 3075), the Clerk
    calling him by name. On an electronic vote, the Chair directs the Clerk
    to record him and verifies that instruction by submitting a vote card
    (Oct. 17, 1990, p. ----). The Chair may vote to make a tie and so decide
    a question in the negative, as he may vote to break a tie and so decide
    a question in the affirmative (VIII, 3100; Aug. 14, 1957, p. 14783). The
    duty of giving a decisive vote may be exercised after the intervention
    of other business, or after the announcement of the result or on another
    day, if a correction

    Sec. 633. Speaker pro tempore.

      7.  (a) He shall have the
    right to name any Member to perform the duties of the Chair, but such
    substitution shall not extend beyond three legislative days, except that
    with the permission of the House he may name a Member to act as Speaker
    pro tempore only to sign enrolled bills and joint resolutions for a
    period of time specified in the designation, notwithstanding any other
    provision of this clause: Provided, however, That in case of his
    illness, he may make such appointment for a period not exceeding ten
    days, with the approval of the House at the time the same is made; and
    in his absence and omission to make such appointment, the House shall
    proceed to elect a Speaker pro tempore to act during his absence.-

    Sec. 633a. Fourterm limit.

      (b)  No person may serve as
    Speaker for more than four consecutive Congresses, beginning with the
    One Hundred Fourth Congress (disregarding for this purpose any service
    for less than a full session in any Congress).

    [[Page 331]]

      This clause was adopted in 1811, and amended in 1876 (II, 1377) and in
    1920 (VI, 263). Paragraph (b) was added in the 104th Congress (sec.
    103(a), H. Res. 6, Jan. 4, 1995, p. ----).

    Sec. 634a. Election, oath, and designation of Speaker pro
    tempore.

      The  right of the House to elect a Speaker pro tempore in the
    absence of the Speaker was exercised before the rule was adopted (II,
    1405), although the House sometimes preferred to adjourn (I, 179). An
    elected Speaker pro tempore in the earlier practice was not sworn (I,
    229; II, 1386); but the Senate and sometimes the President were notified
    of his election (II, 1386-1389, 1405-1412; VI, 275). On August 31, 1961,
    p. 17765, the House adopted House Resolution 445, electing Hon. John W.
    McCormack as Speaker pro tempore in the absence and terminal illness of
    Speaker Rayburn. The resolution provided that the Clerk notify the
    President and the Senate. The Chairman of the Democratic Caucus then
    administered the oath. Elected Speakers pro tempore have signed enrolled
    bills, appointed committees, etc., functions not exercised by a Speaker
    pro tempore by designation (II, 1399, 1400, 1404; VI, 274, 277, Sept.
    21, 1961, p. 20572; June 21, 1984, p. 17708), but the clause was amended
    in the 99th Congress (H. Res. 7, Jan. 3, 1985, p. 393) to authorize the
    Speaker, with House approval, to designate a Speaker pro tempore to sign
    enrolled bills.

      A call of the House may take place with a Speaker pro tempore in the
    chair (IV, 2989), and the Speaker pro tempore may issue his warrant for
    the arrest of absent members under a call of the House (VI, 688). When
    the Speaker is not present at the opening of a session, including
    morning-hour debates, he designates a Speaker pro tempore in writing
    (II, 1378, 1401); but he does not always name in open House the Member
    whom he calls to the chair temporarily during the day's sitting (II,
    1379, 1400). The presence of the Speaker either at the opening of
    morning-hour debates or at the opening of the regular session on a day
    satisfies the requirement that the Speaker be present to convene the
    House at least every fourth day. A Speaker pro tempore sometimes
    designates another Speaker pro tempore (II, 1384; VI, 275). Members of
    the minority have been called to the chair on occasions of ceremony (II,
    1383; VI, 270; Jan. 31, 1951, p. 779), but in rare instances on other
    occasions (II, 1382, 1390; III, 2596; VI, 264).

    [[Page 332]]
    However, expenses may not be paid from the contingent fund for travel
    of a Member after the date of the general election of Members in which
    the Member has not been elected to the succeeding Congress, or in the
    case of a Member who is not a candidate in such general election, the
    earlier of the date of such general election or the adjournment sine die
    of the last regular session of the Congress.

    Sec. 634b. Travel authority.

      8.  He shall have the authority
    to designate any Member, officer or employee of the House of
    Representatives to travel on the business of the House of
    Representatives, as determined by him, within or without the United
    States, whether the House is meeting, has recessed or has adjourned, and
    all expenses for such travel may be paid for from the contingent fund of
    the House on vouchers solely approved and signed by the Speaker.

      This clause was adopted in the 94th Congress (H. Res. 5, Jan. 14,
    1975, p. 20), and the last sentence was added in the 95th Congress (H.
    Res. 287, Mar. 2, 1977, p. 5941). See also Sec. 719b, infra, for
    discussion of the Speaker's authority under section 502(b) of the Mutual
    Security Act of 1954 (22 U.S.C. 1754) to authorize use of counterpart
    funds for Members and employees for foreign travel, except where
    authorized by the chairman of the committee for members and employees
    thereof.

    Sec. 634c. Broadcasting of House proceedings.

      9.  (a) He
    shall devise and implement a system subject to his direction and control
    for closed circuit viewing of floor proceedings of the House of
    Representatives in the offices of all Members and committees and in such
    other places in the Capitol and the House Office Buildings as he deems
    appropriate. Such system may include other telecommunications functions
    as he deems appropriate. Any such telecommunications function shall be
    subject to rules and regulations issued by the Speaker.

    [[Page 333]]
    news media, the storage of audio and video recordings of the
    proceedings, and the closed captioning of the proceedings for hearing-
    impaired individuals.
      (b)(1) He shall devise and implement a system subject to his direction
    and control for complete and unedited audio and visual broadcasting and
    recording of the proceedings of the House of Representatives. He shall
    provide for the distribution of such broadcasts and recordings thereof
    to

      (2) All television and radio broadcasting stations, networks,
    services, and systems (including cable systems) which are accredited to
    the House Radio and Television Correspondents' Galleries, and all radio
    and television correspondents who are accredited to the Radio and
    Television Correspondents' Galleries shall be provided access to the
    live coverage of the House of Representatives.

      (3) No coverage made available under this clause nor any recording
    thereof shall be used for any political purpose.

      (4) Coverage made available under this clause shall not be broadcast
    with commercial sponsorship except as part of bona fide news programs
    and public affairs documentary programs. No part of such coverage or any
    recording thereof shall be used in any commercial advertisment.

      (c) He may delegate any of his responsibilities under this clause to
    such legislative entity as he deems appropriate.

      This clause was adopted in the 96th Congress (H. Res. 5, Jan. 15,
    1979, p. 7). The requirement that the televised broadcasts of the
    proceedings of the House be closed captioned for hearing-impaired
    individuals was added to the second sentence of paragraph (b)(1) in the
    101st Congress (H. Res. 5, Jan. 3, 1989, p. 72). The authority of the
    Speaker to make rules governing telecommunications functions within the
    House was added to paragraph (a) in the 102d Congress (H. Res. 5, Jan.
    3, 1991, p. ----).

    [[Page 334]]
    over the Hall of the House for the audiovisual broadcast of House
    proceedings within the Capitol and House Office Buildings (H. Res. 404,
    Mar. 15, 1977, p. 7608). The resolution directed the Committee on Rules
    to report to the House at the earliest practicable date its findings and
    recommendations, including whether such coverage should be made
    available to the public. The Committee reported and the House adopted
    another resolution which: (1) authorized the Speaker to establish a
    closed-circuit system for in-House broadcasting of House proceedings;
    (2) directed the Committee on Rules to study methods for providing
    complete audio and visual broadcasting of House proceedings and to
    report to the House thereon; and (3) directed the Speaker after receipt
    of the committee's report to establish a system subject to his direction
    and control for audio and visual broadcast and recording of House
    proceedings and to provide for distribution and access to the news media
    (H. Res. 866, Oct. 27, 1977, pp. 35425-37). The Speaker, after receipt
    of that report (H. Rept. 95-881, Feb. 15, 1978), directed implementation
    of full audio coverage, with distribution to the media, on June 8, 1978
    (p. 16746). Public Law 95-391 (the Legislative Branch Appropriation Bill
    for fiscal year 1979) contained the following proviso in section 306
    relating to the broadcasting of House proceedings: ``No funds in this
    bill may be used to implement a system for televising and broadcasting
    the proceedings of the House pursuant to House Resolution 866, Ninety-
    Fifth Congress, under which the TV cameras in the Chamber purchased by
    the House are controlled and operated by persons not in the employ of
    the House.''
      In the 95th Congress the House considered as a question of the
    privileges of the House and adopted a resolution directing the Committee
    on Rules to investigate the impact on the safety, dignity, and integrity
    of House proceedings, of a test authorized by the Speaker under his
    general control

    [[Page 335]]

      Pursuant to his authority under this clause, the Speaker directed the
    Clerk in the 98th Congress to immediately implement periodic wide-angle
    television coverage of all ``special-order'' speeches at the end of
    legislative business (with captions at the bottom of the screen
    indicating that legislative business has been completed) (May 10, 1984,
    p. 11894) but not during ``interim'' special orders (Dec. 19, 1985, p.
    38106). However, in the 103d and 104th Congresses, the Speaker
    prohibited wide-angle coverage but continued the caption at the bottom
    of the screen not only during special order speeches but also during
    morning-hour debates (Speaker Foley, Feb. 11, 1994, p. ----; Speaker
    Gingrich, Jan. 4, 1995, p. ----). In the 99th Congress, the House
    adopted a resolution, raised as a question of the privileges of the
    House, authorizing and directing the Speaker to provide for the audio
    and visual broadcast coverage of the chamber while Members are voting
    (H. Res. 150, Apr. 30, 1985, p. 9821). Although paragraph (b)(1) of this
    clause requires complete and unedited broadcast coverage of the
    proceedings of the House has held (by tabling an appeal of a ruling of
    the Chair) that it does not require in-House microphone amplification of
    disorderly conduct by a Member following expiration of his recognition
    for debate (Mar. 16, 1988, p. 4081).

    Sec. 634d. Office of the Historian.

      10.  There is
    established in the House of Representatives an office to be known as the
    Office of the Historian of the House of Representatives.

      This clause was added in the 101st Congress (H. Res. 5, Jan. 3, 1989,
    p. 72). See Sec. 996a, infra.

    Sec. 634e. Office of General Counsel.

      11.  There is
    established in the House of Representatives an office to be known as the
    Office of General Counsel for the purpose of providing legal assistance
    and representation to the House. Legal assistance and representation
    shall be provided without regard to political affiliation. The Office of
    General Counsel shall function pursuant to the direction of the Speaker,
    who shall consult with a Bipartisan Legal Advisory Group, which shall
    include the majority and minority leaderships. The Speaker shall appoint
    and set the annual rate of pay for employees of the Office of General
    Counsel.

      This clause was added in the 103d Congress (H. Res. 5, Jan. 5, 1993,
    p. ----). The previous year, in section 12 of the House Administrative
    Reform Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p. ----), the
    House had directed the Committee on House Administration to provide for
    an Office of General Counsel in a manner ensuring appropriate
    coordination with and participation by both the majority and minority
    leaderships in matters of representation and litigation.

    Sec. 634f. Authority to declare recesses.

      12.  To suspend the
    business of the House for a short time when no question is pending
    before the House, the Speaker may declare a recess subject to the call
    of the Chair.

    [House Rules Manual -- House Document No. 103-342]
    [Page 336-337]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-86]

    [[Page 336]]

      This clause was added in the 103d Congress (H. Res. 5, Jan. 5, 1993,
    p. ----).

                                    Rule II.

                              ELECTION OF OFFICERS.

    Sec. 635. Election, oath, and removal of
    officers.

      There  shall be elected by a viva voce vote, at the commencement of
    each Congress, to continue in office until their successors are chosen
    and qualified, a Clerk, Sergeant-at-Arms, Chief Administrative Officer,
    and Chaplain, each of whom shall take an oath to support the
    Constitution of the United States, and for the true and faithful
    discharge of the duties of his office to the best of his knowledge and
    ability, and to keep the secrets of the House; and each shall appoint
    all of the employees of his department provided for by law. The Clerk,
    Sergeant-at-Arms, and Chief Administrative Officer may be removed by the
    House or by the Speaker.

      A rudimentary form of this rule was adopted in 1789, and was amended
    several times prior to 1880, when it assumed the form it retained for
    more than a century (I, 187). During the 102d Congress, section 2 of the
    House Administrative Reform Resolution of 1992 amended the rule to
    abolish the office of the Postmaster (see Sec. 654a, infra) and to
    empower the Speaker to remove elected officers (H. Res. 423, Apr. 9,
    1992, p. ----). The 104th Congress made conforming changes to the rule
    to reflect the abolishment of the Office of the Doorkeeper and the
    establishment of an elected Chief Administrative Officer (sec. 201(a),
    H. Res. 6, Jan. 4, 1995, p. ----). For a discussion of the former Office
    of the Doorkeeper, see Sec. 651d, infra; and for a discussion of the
    evolution of the Chief Administrative Officer (an elected officer) from
    the former Director of Non-legislative and Financial Services (an
    officer appointed jointly by the Speaker and the Majority and Minority
    Leaders under clause 1 of rule VI of the 103d Congress), see Sec. 651e,
    infra.

    [[Page 337]]
    of both Houses of Congress (VI, 23). The act of 1789 provides that the
    oath of office shall be administered to the Speaker by any Member and by
    the Speaker to the Clerk (I, 130). The Speaker also at the same time
    administers the oath to the other elective officers (I, 81). The Member
    of longest continuous service has traditionally administered the oath to
    the Speaker (I, 131). However, on some occasions the Speaker has
    selected the Member to administer the oath (VI, 6, 7). The requirement
    that the officers be sworn to keep the secrets of the House had become
    obsolete (I, 187), but the 104th Congress adopted a requirement that
    Members, officers, and employees subscribe an oath of secrecy regarding
    classified information (clause 13 of rule XLIII).
      The House having discarded a theory that the rules might be imposed by
    one House on its successor (V, 6743-6745), it follows that this rule is
    not operative at the organization. The House, by order or usage, elects
    its Speaker viva voce on a roll call (I, 204, 208); but the officers
    mentioned in the rule are usually chosen by resolution, which is not a
    viva voce election (I, 193, 194). A majority vote is required for the
    election of officers

    [House Rules Manual -- House Document No. 103-342]
    [Page 337-343]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-87]

      The House has declined to interfere with the Clerk's power of removing
    his subordinates (I, 249). Employees under the clerk and other officers
    are to be assigned only to the duties for which they are appointed (V,
    7232). The Sergeant-at-Arms having died, the Clerk was elected by the
    House to serve temporarily also as Sergeant-at-Arms without additional
    compensation (July 8, 1953, p. 8242). An amendment to the Legislative
    Reorganization Act of 1946 was enacted by the 83d Congress (2 U.S.C.
    75a-1) authorizing temporary appointments by the Speaker to fill
    vacancies in the offices of Clerk, Sergeant-at-Arms, Doorkeeper,
    Postmaster, or Chaplain. Lyle O. Snader, who was serving
    contemporaneously as Clerk and Sergeant-at-Arms, having resigned as
    Sergeant-at-Arms, the Speaker appointed a temporary Sergeant-at-Arms
    (Jan. 6, 1954, p. 8). Other temporary appointments of a Sergeant-at-Arms
    were made pursuant to this authority in the 92d Congress (June 30, 1972,
    p. 23665), in the 96th Congress (Feb. 28, 1980, pp. 4349-50), and in the
    102d Congress (Mar. 12, 1992, p. ----). The Speaker has also appointed a
    temporary Chaplain (Mar. 14, 1966, p. 5712), a temporary Doorkeeper
    (Dec. 20, 1974, p. 41855), and a temporary Clerk (Nov. 15, 1975, p.
    36901).

                                    Rule III.

                              DUTIES OF THE CLERK.

    [[Page 338]]

    Sec. 637. Clerk's duties at organization.

      1.  The Clerk
    shall, at the commencement of the first session of each Congress, call
    the Members to order, proceed to call the roll of Members by States in
    alphabetical order, and, pending the election of a Speaker or Speaker
    pro tempore, preserve order and decorum, and decide all questions of
    order subject to appeal by any Member.

      This portion of the rule was framed in 1880, on a basis furnished by a
    rule of 1860 (I, 64), and amended in 1911.

      As rules are not usually adopted until after the election of Speaker,
    this rule is not in force at the time of organization of a new House.
    The procedure at organization does, however, follow a practice
    conforming to the terms of the rule (I, 81), although the House may
    depart from it. In the 97th Congress, for example, the House did, by
    unanimous consent, permit the alphabetical roll call of Members by
    States to be conducted by electronic device, to establish a quorum (Jan.
    5, 1981, pp. 93-96).

      While the Speaker ceases to be an officer of the House with the
    expiration of a Congress, the Clerk, by old usage, continues in a new
    Congress (I, 187, 188, 235, 244).-

    Sec. 638. The roll of Memberselect.

      The  roll of Members is
    made up by the Clerk from the credentials, in accordance with a
    provision of law (I, 14-62; VI, 2; 2 U.S.C. 26). A certificate of
    election in due form having been filed, the Clerk placed the name of the
    Member-elect on the roll, although he was subsequently advised that a
    State Supreme Court had issued a writ restraining the Secretary of State
    from issuing such certificate (Jan. 3, 1949, p. 8). The call of the roll
    may not be interrupted, especially by one not on that roll (I, 84), and
    a person not on the roll may not be recognized (I, 86). A motion to
    proceed to the election of Speaker is of higher privilege than a motion
    to correct the roll (I, 19-24). The House has declined to permit
    enrollment by the Clerk to be final as to prima facie right (I, 376,
    589, 592).

      The Clerk, in presiding before the election of Speaker, recognizes
    Members (I, 74).

      The Members-elect have, before the election of Speaker or adoption of
    rules, authorized the Clerk and Sergeant-at-Arms of the last House to
    preserve order (I, 101); but usually such action has not been taken,
    although an occasion might arise to make it necessary (I, 76, 77).

    [[Page 339]]

    Sec. 639. Clerk as presiding officer at
    organizations.

      In  early years the authority of the Clerk to decide
    questions of order pending the election of a Speaker was questioned (I,
    65), and the Clerks often declined to make decisions (I, 68-72; V,
    5325), although in 1855 occur exceptions to this theory (I, 91). But in
    1860 the provisions of the present rule were adopted (I, 64), with a
    further rule that the rules of one House should apply in the
    organization of its successor (V, 6743-6747); and under this arrangement
    the Clerks have made rulings (I, 76, 77; VI, 623). In 1890 the theory
    that the rules of one House may be made binding on its successor was
    overthrown (V, 6747). In a case of vacancy arising after the adoption of
    rules, this rule would be operative and conclude questions as to the
    Clerk's authority. The Clerk having died, and in the absence of the
    Sergeant-at-Arms, the Doorkeeper of the 79th Congress presided at
    organization of the 80th Congress (Jan. 3, 1947, p. 33).

    Sec. 640. Clerk furnishes a list of reports.

      2.  He shall
    make and cause to be printed and delivered to each Member, or mailed to
    his address, at the commencement of every regular session of Congress, a
    list of the reports which it is the duty of any officer or Department to
    make to Congress, referring to the act or resolution and page of the
    volume of the laws or Journal in which it may be contained, and placing
    under the name of each officer the list of reports required of him to be
    made.

      This rule was adopted in 1822 (I, 252).

    [[Page 340]]
    that Member, Delegate, or the Resident Commissioner which has been
    printed, by order of either House <> of the Congress, in any
    Congress in which he served; attest and affix the seal of the House to
    all writs, warrants, and subpoenas issued by order of the House; and
    certify to the passage of all bills and joint resolutions.

    Sec. 641. Clerk's duty as to Journal and documents.

      3.  He
    shall note all questions of order, with the decisions thereon, the
    record of which shall be printed as an appendix to the Journal of each
    session; and complete, as soon after the close of the session as
    possible, the printing and distribution to Members, Delegates, and the
    Resident Commissioner from Puerto Rico of the Journal of the House,
    together with an accurate and complete index; retain in the library at
    his office, for the use of the Members, Delegates, the Resident
    Commissioner from Puerto Rico and officers of the House, and not to be
    withdrawn therefrom, two copies of all the books and printed documents
    deposited there; send, at the end of each session, a printed copy of the
    Journal thereof to the executive and to each branch of the legislature
    of every State; deliver or mail to any Member, Delegate, or the Resident
    Commissioner from Puerto Rico an extra copy, in binding of good quality,
    of each document requested by

      Former provisions of this clause directing the Clerk to make all
    contracts, keep contingent and stationery accounts, and pay officers and
    employees were stricken by section 3 of the House Administrative Reform
    Resolution of 1992 (H. Res. 423, 102d Cong., Apr. 9, 1992, p. ----), to
    relieve the Clerk of functions to be transferred to the Director of Non-
    legislative and Financial Services pursuant to section 7 of that
    resolution (see Sec. 651e, infra). A clerical correction was effected in
    the 104th Congress (sec. 223(f), H. Res. 6, Jan. 4, 1995, p. ----).

      When the House issues an order or warrant, the Speaker must issue the
    summons under his hand and seal, and it must be attested by the Clerk;
    but when the power is granted to a committee to send for persons and
    papers under clause 2(m) of rule XI, a summons signed by the chairman of
    the committee is sufficient (III, 1668).

      The Clerk is required to make certain reports on receipts and
    expenditures (2 U.S.C. 102, 103, 113), which are available to the
    public. But members of the public have no statutory or constitutional
    right to examine the actual financial records which are used in
    preparing such reports (Trimble v. Johnston, 173 F. Supp. 651, D.C.
    Cir., 1959).

    [[Page 341]]
    and shall be laid before the House and entered on the Journal.

    Sec. 647a. Official to act as Clerk upon designation.

      4.  He
    shall, in case of temporary absence or disability, designate an official
    in his office to sign all papers that may require the official signature
    of the Clerk of the House, and to do all other acts, except such as are
    provided for by statute, that may be required under the rules and
    practices of the House to be done by the Clerk. Such official acts, when
    so done by the designated official, shall be under the name of the Clerk
    of the House. The said designation shall be in writing,

      In 1880 several rules, adopted at different periods from 1794 to 1846,
    were consolidated into this rule; which was amended in 1892 (I, 251) and
    January 3, 1953, p. 16. Section 3 was amended January 22, 1971, (H. Res.
    5, pp. 140-44) to make it clear that the Delegate from the District of
    Columbia and the Resident Commissioner from Puerto Rico, as well as
    Members, are entitled to the services rendered the House by the Clerk.
    It was again revised in 1972 (H. Res. 1153, Oct. 13, 1972, pp. 36013-
    15), effective at the beginning of the 93d Congress, to extend the
    services of the Clerk to all Delegates, including those provided for the
    Territories of Guam and the Virgin Islands by a law enacted in the 92d
    Congress. Section 4 was adopted January 18, 1912 (VI, 25) and was
    amended January 3, 1953, p. 16.

    <>   5. The Clerk is
    authorized to receive messages from the President and from the Senate at
    any time that the House is not in session.

      Various other administrative duties, similar to those specified in
    this rule, are imposed on the Clerk by law (I, 253; Legislative
    Reorganization Act of 1946, 60 Stat. 812); and the law also makes it his
    duty to furnish stationery, blank books, etc., to the committees and
    officers of the House (V, 7322); to exercise discretionary authority as
    to reprinting of bills and documents (V, 7319); to receive the testimony
    taken in election contests (I, 703, 705; see also Federal Contested
    Election Act, P.L. 91-138, 83 Stat. 284), and to serve as an ex officio
    member of the Federal Election Commission established pursuant to Public
    Law 94-283; 2 U.S.C. 437c. Form of designation of a Clerk pro tempore
    (VI, 26). Instance of Clerk serving temporarily also as Sergeant-at-Arms
    (July 8, 1953, p. 8242).

    [[Page 342]]

      Clause 5, providing standing authority for the Clerk to receive
    messages, was added in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp.
    98-113). In the case of Kennedy v. Sampson, 511 F.2d 430 (D.C. Cir.
    1974) (see Sec. 113, supra, accompanying Const., art. I, sec. 7, cl. 2)
    a United States Court of Appeals held that a bill could not be pocket-
    vetoed by the President during an ``intrasession'' adjournment of
    Congress to a day certain for more than three days, where the House of
    origin has made appropriate arrangements for the receipt of presidential
    messages during the adjournment. Under this clause the Clerk may receive
    messages during recesses as well as during adjournments (Dec. 22, 1987,
    p. 37966).

    Sec. 647c. Administration of vacant Member's office.

      6.  He
    shall supervise the staff and manage any office of a Member who is
    deceased, has resigned, or been expelled until a successor is elected
    and shall perform similar duties in the event that a vacancy is declared
    by the House in any congressional district because of the incapacity of
    the Member representing such district or other reason. Whenever the
    Clerk is acting as a supervisory authority over such staff, he shall
    have authority to terminate employees; and he may appoint, with the
    approval of the Committee on House Oversight, such staff as is required
    to operate the office until a successor is elected. He shall maintain on
    the House payroll and supervise in the same manner staff appointed
    pursuant to section 800 of Public Law 91-665 (2 U.S.C. 31b-5) for sixty
    days following the death of a former Speaker.

    -  7. <> In addition to any other
    reports required by the Speaker or the Committee on House Oversight, the
    Clerk shall report to the Committee on House Oversight not later than
    forty-five days following the close of each semiannual period ending on
    June 30 or on December 31 on the financial and operational status of
    each function under the jurisdiction of the Clerk. Each report shall
    include financial statements, a description or explanation of cur

    [[Page 343]]
    rent operations, the implementation of new policies and procedures, and
    future plans for each function.
      This clause was added in the 98th Congress (H. Res. 5, Jan. 3, 1983,
    p. 34). It was amended in the 104th Congress to reflect the new name of
    the Committee on House Oversight (sec. 202(b), H. Res. 6, Jan. 4, 1995,
    p. ----).

    Sec. 647e. Cooperation with others.

      8.  The Clerk shall fully
    cooperate with the appropriate offices and persons in the performance of
    reviews and audits of financial records and administrative operations.

    [House Rules Manual -- House Document No. 103-342]
    [Page 343-346]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-88]

      Clauses 7 and 8 were added in the 104th Congress (sec. 201(b), H. Res.
    6, Jan. 4, 1995, p. ----).

                                    Rule IV.

                         DUTIES OF THE SERGEANT-AT-ARMS.

    Sec. 648. SergeantatArms enforces authority of House.

      1.  It
    shall be the duty of the Sergeant-at-Arms to attend the House during its
    sittings, to maintain order under the direction of the Speaker or
    Chairman, and, pending the election of a Speaker or Speaker pro tempore,
    under the direction of the Clerk, execute the commands of the House, and
    all processes issued by authority thereof, directed to him by the
    Speaker.

    [[Page 344]]
    from Puerto Rico were stricken by section 4 of the House Administrative
    Reform Resolution of 1992 (H. Res. 423, 102d Cong., Apr. 9, 1992, p. --
    --), to relieve the Sergeant-at-Arms of functions to be transferred to
    the Director of Non-legislative and Financial Services pursuant to
    section 7 of that resolution (see Sec. 651e, infra). During the 102d
    Congress, the House adopted a resolution presented by the Majority
    Leader as a question of the privileges of the House to terminate all
    bank and check-cashing operations in the Office of the Sergeant-at-Arms
    and direct the Committee on Standards of Official Conduct to review GAO
    audits of such operations (Oct. 3, 1991, p. ----). When rule IV was
    rewritten entirely in the 104th Congress, clause 1 was restated without
    change (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. ----).
      This clause was adopted in 1789, with additions and amendments in
    1838, 1877, 1890 (I, 257), April 5, 1911 (VI, 29) and 1971. Amendments
    adopted in the 92d Congress clarified the responsibility of the
    Sergeant-at-Arms to keep the accounts for the pay and mileage of the
    Delegates from the District of Columbia, Guam, and the Virgin Islands
    and the Resident Commissioner from Puerto Rico as well as for Members
    (H. Res. 5, Jan. 22, 1971, p. 144; H. Res. 1153, Oct. 13, 1972, pp.
    36013-15). In the 94th Congress, the provisions of House Resolution 732,
    directing the Sergeant-at-Arms to enter into agreements with State
    officials, with the approval of the Committee on House Administration
    (now House Oversight), to withhold State income taxes from the pay of
    each Member subject to such State income tax and requesting such
    withholding, were enacted into permanent law (90 Stat. 1448; 2 U.S.C.
    60e-1b). Former provisions of this clause directing the Sergeant-at-Arms
    to keep the accounts for the pay and mileage of Members and Delegates
    and the Resident Commissioner

      The Sergeant-at-Arms is authorized to make payments from the
    contingent fund of the House, under rules prescribed by the Committee on
    House Oversight, to defray the expenses of the funeral of a deceased
    Member of the House and the expenses of any delegation of Members of
    Congress duly appointed to attend (76 Stat. 686; 2 U.S.C. 124).

      At the organization of the House in a new Congress the election of
    Speaker occurs before the adoption of rules. Therefore this rule is not
    in force at that time, and in case of necessity a special rule may be
    adopted conferring the authority, as was done in 1849 and 1859 (I, 101,
    102).

    -- <>   2. The symbol of his office shall be the mace, which shall
    be borne by him while enforcing order on the floor.

    [[Page 345]]

      Duties are imposed on the Sergeant-at-Arms by law (I, 258): Control of
    Capitol police; and the making up of the roll of Members-elect and
    presiding over the organization of a new Congress in case of vacancy in
    the office of Clerk, or the absence or disability of that officer (2
    U.S.C. 26). The death of the Sergeant-at-Arms being announced, the House
    passed appropriate resolutions and adjourned as a mark of respect (VI,
    32; July 8, 1953, p. 8263). The Clerk having died, and in the absence of
    the Sergeant-at-Arms, the Doorkeeper of the 79th Congress presided at
    organization of the 80th Congress (Jan. 3, 1947, p. 33). In the 83d
    Congress the Sergeant-at-Arms having died, the Clerk was elected to
    serve temporarily both as Clerk and Sergeant-at-Arms (July 8, 1953, p.
    8242), and upon resignation by the Clerk from his additional position of
    Sergeant-at-Arms, the Speaker, pursuant to 2 U.S.C. 75a-1, appointed a
    temporary Sergeant-at-Arms (Jan. 6, 1954, p. 8). The Sergeant-at-Arms
    having resigned in the 96th Congress, the Speaker appointed a temporary
    Sergeant-at-Arms pursuant to the statute (Feb. 28, 1980, pp. 4349-50);
    and the same occurred in the 102d Congress (Mar. 12, 1992, p. ----).
    Instance where the Senate by resolution removed its Sergeant-at-Arms
    (VI, 37).

      This clause was adopted in 1789 (II, 1346). When rule IV was rewritten
    entirely in the 104th Congress, the clause was restated without change
    (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. ----). An attempt to enforce
    order without the mace gave rise to a question of privilege (II, 1347).
    Extreme disorder arising on the floor, the Speaker directed the
    Sergeant-at-Arms to enforce order with the mace (VI, 258; VIII, 2530).

    Sec. 650a. Doorkeeping.

      3.  He shall enforce strictly the
    rules relating to the privileges of the Hall and be responsible to the
    House for the official conduct of his employees.

      4. He shall allow no person to enter the room over the Hall of the
    House during its sittings; and fifteen minutes before the hour of the
    meeting of the House each day he shall see that the floor is cleared of
    all persons except those privileged to remain, and kept so until ten
    minutes after adjournment.

    -  5. In <> addition to any other
    reports required by the Speaker or the Committee on House Oversight, the
    Sergeant-at-Arms shall report to the Committee on House Oversight not
    later than forty-five days following the close of each semiannual period
    ending June 30 or on December 31 on the financial and operational status
    of each function under the jurisdiction of the Sergeant-at-Arms. Each
    report shall include financial statements, a description or explanation
    of current operations, the implementation of new policies and
    procedures, and future plans for each function.

    [[Page 346]]

      Clauses 3 and 4 were added in the 104th Congress to transfer functions
    incident to the abolishment of the Office of the Doorkeeper (sec.
    201(c), H. Res. 6, Jan. 4, 1995, p. ----). For the history of the Office
    of the Doorkeeper, see Sec. 651d, infra.

    Sec. 650c. Cooperation with others.

      6. The  Sergeant-at-Arms
    shall fully cooperate with the appropriate offices and persons in the
    performance of reviews and audits of financial records and
    administrative operations.

    [House Rules Manual -- House Document No. 103-342]
    [Page 346-347]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-89]

      Clauses 5 and 6 were added in the 104th Congress (sec. 201(c), H. Res.
    6, Jan. 4, 1995, p. ----).

                                     Rule V.

                          CHIEF ADMINISTRATIVE OFFICER.

    Sec. 651a. Duties.

      1.  The Chief Administrative Officer of
    the House shall have operational and financial responsibility for
    functions as assigned by the Speaker and the Committee on House
    Oversight, and shall be subject to the policy direction and oversight of
    the Speaker and the Committee on House Oversight.-

    Sec. 651b. Semiannual reports.

      2.  In addition to any other
    reports required by the Speaker or the Committee on House Oversight, the
    Chief shall report to the Committee on House Oversight not later than
    forty-five days following the close of each semiannual period ending on
    June 30 or December 31 on the financial and operational status of each
    function under the jurisdiction of the Chief. Each report shall include
    financial statements, a description or explanation of current
    operations, the implementation of new policies and procedures, and
    future plans for each function.

    [[Page 347]]
    of financial records and administrative operations.

    Sec. 651c. Cooperation with others.

      3.  The Chief shall fully
    cooperate with the appropriate offices and persons in the performance of
    reviews and audits

      This form of rule V was adopted in the 104th Congress (sec. 201(c), H.
    Res. 6, Jan. 4, 1995, p. ----). The earlier form of the rule enumerated
    the duties of the Doorkeeper, which were transferred to the Sergeant-at-
    Arms incident to the abolishment of the Office of the Doorkeeper (id.).

    Sec. 651d. Former Office of Doorkeeper.

      Before  the 104th
    Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. ----), rule V
    enumerated the duties of the Doorkeeper, who enforced the rules relating
    to the privileges of the Hall of the House. The earlier form of the rule
    was adopted in 1838 and amended in 1869, 1880 (I, 260), and 1890 (V,
    7295). By law the Doorkeeper was assigned certain administrative duties
    (I, 262), including certain housekeeping functions. Through his
    employees and appointees, the Doorkeeper also discharged various duties
    not enumerated in the law or in the rules, such as announcing at the
    door of the Hall of the House all messengers from the President and the
    Senate (V, 6591). The Clerk having died, and the Sergeant-at-Arms having
    been absent, the Doorkeeper of the 79th Congress presided at the
    organization of the 80th Congress (Jan. 3, 1947, p. 33). In the 78th
    Congress, the House adopted a resolution on the death of the Doorkeeper
    and appointed a committee to attend his funeral (Jan. 28, 1943, pp. 421-
    22).-

    [House Rules Manual -- House Document No. 103-342]
    [Page 348-350]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-90]

    [[Page 348]]

    Sec. 651e. Former Director of Nonlegislative and
    Financial Services.

      The Chief  Administrative Officer supplanted the Director of
    Non-legislative and Financial Services formerly provided for under
    clause 1 of rule VI in the 103d Congress, which corresponded to an
    erstwhile rule LII of the 102d Congress (see Sec. 654, infra). Certain
    functions and entities formerly within the purview of elected officers
    were transferred to the Director of Non-legislative and Financial
    Services pursuant to section 7 of the House Administrative Reform
    Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p. ----). Section 7(b) of
    that resolution vested the Committee on House Administration (now House
    Oversight) with authority to prescribe regulations providing for the
    orderly transfer of such functions and entities and any other transfers
    necessary for the improvement of non-legislative and financial services
    in the House, so long as not transferring a function or entity within
    the jurisdiction of the Committee under rule X. Section 13 of the
    resolution provided that previous responsibility for a function or
    entity would remain fixed until such function or entity were
    transferred. Pursuant to clause 1 of rule VI of the 103d Congress (then
    still designated as rule LII of the 102d Congress), the Speaker, the
    Majority Leader, and the Minority Leader jointly appointed the first
    Director of Non-legislative and Financial Services of the House on
    October 23, 1992 (Oct. 29, 1992, p. ----).

                                    Rule VI.

                          OFFICE OF INSPECTOR GENERAL.

    Sec. 654. Inspector General.

      1.  There is established an
    Office of Inspector General.

      2. The Inspector General shall be appointed for a Congress by the
    Speaker, the majority leader, and the minority leader, acting jointly.

      3. Subject to the policy direction and oversight of the Committee on
    House Oversight, the Inspector General shall be responsible only for--

              (a) conducting periodic audits of the financial and
    administrative functions of the House and joint entities;

              (b) informing the Officers or other officials who are the
    subject of an audit of the results of that audit and suggesting
    appropriate curative actions;

              (c) simultaneously notifying the Speaker, the majority leader,
    the minority leader, and the chairman and ranking minority party member
    of the Committee on House Oversight in the case of any financial
    irregularity discovered in the course of carrying out responsibilities
    under this rule;

              (d) simultaneously submitting to the Speaker, the majority
    leader, and the chairman and ranking minority party member of the
    Committee on House Oversight a report of each audit conducted under this
    rule; and

    [[Page 349]]
    ing possible violations by any Member, officer, or employee of the
    House of any rule of the House or of any law applicable to the
    performance of official duties or the discharge of official
    responsibilities which may require referral to the appropriate Federal
    or State authorities pursuant to clause 4(e)(1)(C) of rule X.

              (e) reporting to the Committee on Standards of Official
    Conduct information involv

      This form of rule VI was adopted in the 104th Congress (sec. 201(c),
    H. Res. 6, Jan. 4, 1995, p. ----). Its predecessor form was composed in
    the 103d Congress (H. Res. 5, Jan. 5, 1993, p. ----) by combining two
    rules adopted in the House Administrative Reform Resolution of 1992 (H.
    Res. 423, 102d Cong., Apr. 9, 1992, p. ----). For the history of rule VI
    before 1992, see Sec. 654a, infra.

      In the form of the rule adopted in the 103d Congress, clause 1
    corresponded to an erstwhile rule LII of the 102d Congress (relating to
    the Director of Non-legislative and Financial Services, who in the 104th
    Congress was supplanted by the Chief Administrative Officer; see rule V,
    Secs. 651a-e, supra), and clause 2 corresponded to an erstwhile rule
    LIII of the 102d Congress (relating to the Inspector General). In
    converting clause 2 of the former rule VI into the present rule VI, the
    104th Congress: broadened the auditing responsibilities beyond the
    offices of the elected officers (paragraph (a), formerly clause
    2(c)(1)); added requirements for simultaneous reporting (paragraphs (c)
    and (d), formerly clauses 2(c)(3) and (4)); deleted a provision relating
    to classification of employees (formerly clause 2(d)); and added the
    responsibility to report certain information to the Committee on
    Standards of Official Conduct (paragraph (e)) (sec. 201, H. Res. 6,
    104th Congress, p. ----). The 104th Congress also mandated that the
    Inspector General, in consultation with the Speaker and the Committee on
    House Oversight, procure an independent and comprehensive audit of House
    financial records and administrative operations and report the results
    thereof in accord with this rule (sec. 107, H. Res. 6, Jan. 4, 1995, p.
    ----).

      Pursuant to clause 2(b) of the form of the rule adopted in the 103d
    Congress, the Speaker, the Majority Leader, and the Minority Leader
    jointly appointed the first Inspector General of the House of
    Representatives (Nov. 10, 1993, p. ----).

    [[Page 350]]
    Cong., pp. 36013-15). The Office of the Postmaster was abolished during
    the 102d Congress by sections 2 and 5 of the House Administrative Reform
    Resolution of 1992 (H. Res. 423, Apr. 9, 1992, p. ----).

    [House Rules Manual -- House Document No. 103-342]
    [Page 350]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-91]

    Sec. 654a. Former Office of the Postmaster.

      Until  the 102d
    Congress, rule VI provided for an Office of the Postmaster, who
    superintended the post offices of the House and the delivery of its
    mail. The earlier form of the rule was adopted in 1838 and amended in
    1880 (I, 270), 1911 (VI, 34), 1971 (H. Res. 5, 92d Cong., p. 144), and
    1972 (H. Res. 1153, 92d

                                    Rule VII.

                             DUTIES OF THE CHAPLAIN.

    Sec. 655. Duties of the Chaplain.

      The  Chaplain shall attend
    at the commencement of each day's sitting of the House and open the same
    with prayer.

      This rule was adopted in 1880 (I, 272), but the sessions of the House
    were opened with prayer from the first, and the Chaplain was an officer
    of the House before the adoption of the rule (I, 273-282). The Chaplain
    takes the oath prescribed for the officers of the House (VI, 31; Feb. 1,
    1950, p. 1311). Prayer by the Chaplain is not business requiring the
    presence of a quorum and the Speaker declines to entertain a point of no
    quorum before prayer is offered (VI, 663; clause 6(a) (1) of rule XV).
    There is no precedent for prayer to be offered by the Chaplain during a
    continuous session of the House, absent an adjournment or recess
    (compare Apr. 22 and 23, 1985, pp. 8753 and 8959). Form of resignation
    of the Chaplain (Feb. 28, 1921, p. 4075; Jan. 30, 1950, p. 1097). The
    election of a Chaplain emeritus (VI, 31; Jan. 30, 1950, p. 1095).

    [House Rules Manual -- House Document No. 103-342]
    [Page 350-353]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-92]

      In the 97th Congress, the House adopted a privileged resolution
    asserting the constitutional prerogative of the House to establish the
    office of Chaplain and directing counsel for the Speaker and Chaplain to
    seek judicial review of a United States Court of Appeals decision
    (Murray v. Buchanan, 729 F.2d 689) holding that no constitutional
    provision precluded judicial determination whether establishment of the
    Chaplain violated the establishment clause of the First amendment to the
    Constitution (H. Res. 413, Mar. 30, 1982, p. 5890).

                                   Rule VIII.

                             DUTIES OF THE MEMBERS.

    [[Page 351]]
    on each question put, unless he has a direct <> personal or pecuniary interest in the event of such
    question.

    Sec. 656. Members required to be present and vote.

      1.  Every
    Member shall be present within the Hall of the House during its
    sittings, unless excused or necessarily prevented; and shall vote

      This clause was adopted in 1789, with amendment in 1890 (V, 5941).

      Leaves of absence are presented pending the motion to adjourn (IV,
    3151), and are usually granted by general consent, but sometimes are
    opposed or even refused (II, 1142-1145). Application for leave of
    absence is properly presented by filing with the Clerk the printed form
    to be secured at the desk rather than by oral request from the floor
    (VI, 199). Whether or not they are privileged is a matter of doubt (II,
    1146, 1147). Excuses for absence, as distinguished from leaves of
    absence, may be granted by less than a quorum (IV, 3000-3002). The
    statutes provide that deductions may be made from the salaries of
    Members who are absent without sufficient excuse (II, 1149, 1150); and
    while this law has been enforced (IV, 3011, footnote; VI, 30, 198), its
    general application is not practical under modern conditions. Form of
    resolution for the arrest of Members absent without leave (VI, 686).

    Sec. 658. Member's control of his own vote.

      It  has been
    found impracticable to enforce the provision requiring every Member to
    vote (V, 5942-5948), and such question even if entertained, may not
    interrupt a pending rollcall vote (V, 5947); and the weight of authority
    also favors the idea that there is no authority in the House to deprive
    a Member of the right to vote (V, 5937, 5952, 5959, 5966, 5967; VIII,
    3072). In one or two early instances the Speaker has decided that
    because of personal interest, a Member should not vote (V, 5955, 5958);
    but on all other occasions and in the later practice the Speaker has
    held that the Member himself and not the Chair should determine this
    question (V, 5950, 5951; VIII, 3071; Speaker Albert, Dec. 2, 1975, p.
    38135; Speaker O'Neill, Mar. 1, 1979, p. 3748), and the Speaker has
    denied his own power to deprive a Member of the constitutional right to
    vote (V, 5956; Speaker Albert, Dec. 2, 1975, p. 38135; Speaker O'Neill,
    Mar. 1, 1979, p. 3748). Members may not vote in the House by proxy (VII,
    1014). Instance where a Member submitted his resignation from a
    committee on grounds of disqualifying personal interest (VIII, 3074).

      The House has frequently excused Members from voting in cases of
    personal interest (III, 2294; V, 5962; Aug. 2, 1949, pp. 10591, 10592;
    Oct. 20, 1951, p. 13746; July 21, 1954, p. 11262; July 28, 1955, p.
    11930; July 12, 1956, p. 12566).

    [[Page 352]]
    of several Members to their seats, each refrained from voting in his
    own case, but did vote on the identical cases of his associates (V,
    5957, 5958). And while a Member should not vote on the direct questions
    affecting himself, he has sometimes voted on incidental questions (V,
    5960, 5961).

    Sec. 659. Nature of disqualifying personal interest.

      It  is a
    principle of ``immemorial observance'' that a Member should withdraw
    when a question concerning himself arises (V, 5949); but it has been
    held that the disqualifying interest must be such as affects the Member
    directly (V, 5954, 5955, 5963), and not as one of a class (V, 5952;
    VIII, 3071, 3072; Speaker Bankhead, May 31, 1939, pp. 6359-60; Speaker
    Albert, Dec. 2, 1975, p. 38135). In a case where question affected the
    titles

    Sec. 660a. Pairs.

      2.  Pairs shall be announced by the Clerk
    immediately before the announcement by the Chair of the result of the
    vote, by the House or Committee of the Whole from a written list
    furnished him, and signed by the Member making the statement to the
    Clerk, which list shall be published in the Record as a part of the
    proceedings, immediately following the names of those not voting.
    However, pairs shall be announced but once during the same legislative
    day.

      This clause was adopted in 1880, although the practice of pairing had
    then existed in the House for many years (V, 5981). The language of the
    clause was slightly altered by amendment in 1972 to reflect the
    installation of electronic voting in the 93d Congress (H. Res. 1123,
    Oct. 13, 1972, pp. 36005-12). This clause was amended in the 94th
    Congress (H. Res. 5, Jan. 14, 1975, p. 20) to permit pairs to be
    announced in the Committee of the Whole.

    [[Page 353]]

      Pairs may not be announced at a time other than that prescribed by the
    rule (V, 6046), and the voting intentions of an absent Member may not
    otherwise be announced by a colleague (VIII, 3151). Prior to the 94th
    Congress pairs were not permitted in Committee of the Whole (V, 5984;
    Speaker Albert, Jan. 15, 1973, p. 1054). The House does not consider
    questions arising out of the breaking of a pair (V, 5982, 5983, 6095;
    VIII, 3082, 3085, 3087-3089, 3093), or permit a Member to vote after the
    call on the plea that he had refrained because of misunderstanding as to
    a pair (V, 6080, 6081). Discussion of the origin of the practice of
    pairing in the House and Senate (VIII, 3076). On questions requiring a
    two-thirds majority Members are paired two in the affirmative against
    one in the negative (VIII, 3088; Nov. 15, 1983, p. 32685). For Speaker
    Clark's interpretation of the rule and practice of the House of
    Representatives as to pairs, see VIII, 3089.

    Sec. 660b. Voting.

      3.  (a) A Member may not authorize any
    other individual to cast his vote or record his presence in the House or
    Committee of the Whole.

      (b) No individual other than a Member may cast a vote or record a
    Member's presence in the House or Committee of the Whole.

      (c) A Member may not cast a vote for any other Member or record
    another Member's presence in the House or Committee of the Whole.

    [House Rules Manual -- House Document No. 103-342]
    [Page 353-365]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-93]

      Clause 3 was added in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp.
    98-113). The Committee on Standards of Official Conduct recommended this
    addition to the rules in its May 15, 1980, report (H. Rept. 96-991) on
    voting anomalies which had occurred in the House. Even prior to the
    addition of this clause, however, ``ghost voting'' was considered
    unethical (VII, 1014; Dec. 18, 1987, p. 36274).

                                    Rule IX.

                             QUESTIONS OF PRIVILEGE.

    Sec. 661. Definition of questions of privilege.

      1.  Questions
    of privilege shall be, first, those affecting the rights of the House
    collectively, its safety, dignity, and the integrity of its proceedings;
    and second, those affecting the rights, reputation, and conduct of
    Members, individually, in their representative capacity only.

    [[Page 354]]
    questions except motions to adjourn. 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 shall have precedence of
    all other questions except motions to adjourn only at a time or place,
    designated by the Speaker, in the legislative schedule within two
    legislative days after the day on which the proponent announces to the
    House his intention to offer the resolution and the form of the
    resolution.

    Sec. 661a. Precedence of questions of privilege.

      2.  (a)(1) A
    resolution reported as a question of the privileges of the House, or
    offered from the floor by the majority leader or the minority leader as
    a question of the privileges of the House, or offered as privileged
    under article I, section 7, clause 1 of the Constitution, shall have
    precedence of all other

      (2) The time allotted for debate on a resolution offered from the
    floor as a question of the privileges of the House shall be equally
    divided between (A) the proponent of the resolution, and (B) the
    majority leader or the minority leader or a designee, as determined by
    the Speaker.

      (b) A question of personal privilege shall have precedence of all
    other questions except motions to adjourn.

      This rule was adopted in 1880 (III, 2521). It merely put in form of
    definition what had been long established in the practice of the House
    but what the House had hitherto been unwilling to define (II, 1603). It
    was amended in the 103d Congress to authorize the Speaker to designate a
    time within a period of two legislative days for the consideration of a
    resolution to be offered from the floor by a Member other than the
    Majority Leader or the Minority Leader as a question of the privileges
    of the House after that Member has announced to the House his intention
    to do so and the content of the resolution, and to divide the time for
    debate on a resolution offered from the floor as a question of the
    privileges of the House (H. Res. 5, Jan. 5, 1993, p. ----).

    [[Page 355]]
    but may announce his designation at a later time (Feb. 11, 1994, p. --
    --). The Speaker does not rule on the privileged status of a resolution
    at the time that resolution is noticed, but only when the resolution is
    called up within two legislative days (Feb. 11, 1994, p. ----; Sept. 13,
    1994, p. ----; Feb. 3, 1995, p. ----).

      Under the form of the rule adopted in the 103d Congress, the Speaker
    may in his discretion recognize a Member other than the Majority or
    Minority Leader to proceed immediately on a resolution offered as a
    question of the privileges of the House without first designating a
    subsequent time or place in the legislative schedule within two
    legislative days (Speaker Foley, Feb. 3, 1993, p. ----); and he is not
    required to announce the time designated to consider a resolution at the
    time the resolution is noticed

    Sec. 662. Privilege of the House.

      The  privileges of the
    House, as distinguished from that of the individual Member, include
    questions relating to its constitutional prerogatives in respect to
    revenue legislation and appropriations (II, 1480-1501; VI, 315; Nov. 8,
    1979, pp. 31517-18; Oct. 1, 1985, p. 25418; June 16, 1988, p. 14780;
    June 21, 1988, p. 15425; Aug. 12, 1994, p. ----), when the House is in
    possession of the papers (June 20, 1968, Deschler's Precedents, vol. 3,
    ch. 13, sec. 14.2; Aug. 19, 1982, p. 22127), but not otherwise (Apr. 6,
    1995, p. ----); including revenue and other treaties (II, 1502-1537);
    impeachments and matters incidental thereto (Sec. 604, supra); the
    constitutional prerogatives of the House with respect to bills ``pocket
    vetoed'' during an intersession adjournment (Nov. 21, 1989, p. 31156);
    its power to punish for contempt, whether of its own Members (II, 1641-
    1665), of witnesses who are summoned to give information (II, 1608,
    1612; III, 1666-1724), or of other persons (II, 1597-1640). However,
    neither the enumeration of legislative powers in article I, section 8 of
    the Constitution nor the prohibition in the seventh clause of section 9
    of that article against any withdrawal from the Treasury except by
    enactment of an appropriation renders a measure purporting to exercise
    or limit the exercise of those powers a question of the privileges of
    the House, because rule IX is concerned not with the privileges of the
    Congress, as a legislative branch, but only with the privileges of the
    House, as a House (Speaker Gingrich, Feb. 7, 1995, p. ----).

    [[Page 356]]
    porary seating of a certified Member-elect pending determination of
    final right notwithstanding prior House action declining to seat either
    claimant (Feb. 7, 1985, p. 2220; Mar. 4, 1985, p. 4277).
      The privileges of the House also include questions relating to its
    organization (I, 22-24, 189, 212, 290), and the title of its Members to
    their seats (III, 2579-2587), which may be raised as questions of the
    privileges of the House even though the subject has been previously
    referred to committee (I, 742; III, 2584; VIII, 2307), such as
    resolutions to declare prima facie right to a seat, or to declare a
    vacancy, where the House has referred the questions of prima facie and
    final rights to an elections committee for investigation (H. Res. 1,
    Jan. 3, 1985, p. 381; H. Res. 52, Feb. 7, 1985, p. 2220; H. Res. 97,
    Mar. 4, 1985, p. 4277; H. Res. 121, Apr. 2, 1985, p. 7118; H. Res. 148,
    Apr. 30, 1985, p. 9801); various questions incidental to the right to a
    seat (I, 322, 328, 673, 742; II, 1207; III, 2588; VII, 2316), such as a
    resolution declaring a vacancy in the House because a Member-elect is
    unable to take the oath of office and to serve as a Member or to
    expressly resign the office due to an incapacitating illness (H. Res.
    80, Feb. 24, 1981, p. 2916); a resolution declaring neither of two
    claimants seated pending a committee report and decision of final right
    to the seat by the House (Jan. 3, 1961, pp. 23-25; Jan. 3, 1985, p.
    381), including incidental provisions providing compensation for both
    claimants and office staffing by the Clerk (Jan. 3, 1985, p. 381), and
    resolutions directing tem

      The privileges of the House include questions relating to the conduct
    of officers and employees (I, 284, 285; III, 2628, 2645-2647; VI, 35),
    in addition to that of Members, such as a resolution directing the
    Committee on Standards of Official Conduct to investigate illegal
    solicitation of political contributions in the House Office Building by
    unnamed sitting Members (July 10, 1985, p. 18397); a resolution
    establishing an ad hoc committee to investigate allegations of ``ghost''
    employment in the House (Apr. 9, 1992, p. ----); a resolution to further
    investigate the conduct of a Member on which it has reported to the
    House (Aug. 5, 1987, p. 22458); resolutions making allegations
    concerning the propriety of responses by officers of the House to court
    subpoenas for papers of the House without notice to the House, and
    directions to a committee to investigate such allegations (Feb. 13,
    1980, pp. 2768-69), or allegations of improper representation by counsel
    of the legal position of Members in a brief filed in the Court and
    directions for withdrawal of the brief (Mar. 22, 1990, p. 4996), or
    allegations of unauthorized actions by a committee employee to intervene
    in judicial proceedings (Feb. 5, 1992, p. ----); a resolution directing
    the Clerk to notify interested parties that the House regretted the use
    of official resources to present to the Supreme Court of Florida a legal
    brief arguing the unconstitutionality of Congressional term limits, and
    that the House had no position on that question (Nov. 4, 1991, p. ----);
    and 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 (May 12, 1988, p. 10574).

    [[Page 357]]
    the Special Counsel (May 28, 1992, p. ----). The latter category
    included resolutions: directing the Committee on House Administration to
    conduct a thorough investigation of the operation and management of the
    Office of the Postmaster in light of recent press allegations of
    wrongdoing (Feb. 5, 1992, p. ----); to create a select committee to
    investigate the same matter (Feb. 5, 1992, p. ----); requiring an
    explanation of a reported interference with authorized access to a
    committee investigation of that matter (Apr. 9, 1992, p. ----); to
    redress a perception of obstruction of justice by recusing the General
    Counsel to the Clerk from matters relating to the investigation of that
    matter (Apr. 9, 1992, p. ----); directing the Speaker to explain the
    lapse of time before the House received notice that several Members and
    an officer of the House had received subpoenas to testify before a
    Federal grand jury investigating that matter (May 14, 1992, p. ----);
    directing the Committee on House Administration to transmit to the
    Committee on Standards of Official Conduct and to the Department of
    Justice all records obtained by its task force to investigate that
    matter (July 22, 1992, p. ----); directing the Committee on Standards of
    Official Conduct to investigate violations of confidentiality by staff
    engaged in the investigation of that matter (July 22, 1992, p. ----);
    directing the Committee on House Administration to release transcripts
    of the proceedings of its task force to investigate that matter, where
    the investigation was ordered as a question of privilege and its results
    had been ordered reported to the House (July 22, 1992, p. ----; July 23,
    1992, p. ----); directing the Committee on House Administration to
    redress the inaccurate naming of a Member in minority views accompanying
    a report on that matter (July 23, 1992, p. ----); directing the public
    release of official papers of the House relating to an investigation by
    the Committee on House Administration's Task Force to investigate the
    operation and management of the Office of the Postmaster (July 22, 1993,
    p. ----); directing the public release of transcripts and other relevant
    documents relating to an investigation by the Committee on House
    Administration's Task Force to investigate the operation and management
    of the Office of the Postmaster unless two designees of the bipartisan
    leadership agree to the contrary (June 9, 1994, p. ----); and directing
    the Committee on Standards of Official Conduct to defer any
    investigation relating to the operation of the former Post Office until
    assured that its inquiry would not interfere with an ongoing criminal
    investigation, as well as a resolution directing the Committee on
    Standards of Official Conduct to proceed with the investigation (Mar. 2,
    1994, p. ----).
      In the 102d and 103d Congresses, a large number of resolutions
    relating to the operation of the ``bank'' in the Office of the Sergeant-
    at-Arms and the management of the Office of the Postmaster were
    presented as questions of the privileges of the House. The former
    category included resolutions: terminating all bank and check-cashing
    operations in the Office of the Sergeant-at-Arms and directing the
    Committee on Standards of Official Conduct to review GAO audits of such
    operations (Oct. 3, 1991, p. ----); instructing the Committee on
    Standards of Official Conduct to disclose the names and pertinent
    account information of Members and former Members found to have abused
    the privileges of the ``bank'' in the Office of the Sergeant-at-Arms
    (Mar. 12, 1992, p. ----); instructing the Committee on Standards of
    Official Conduct to disclose further account information respecting
    Members and former Members having checks held by that entity (Mar. 12,
    1992, p. ----); mandating full and accurate disclosure of pertinent
    information concerning the operation of that entity (Mar. 12, 1992, p.
    ----); responding to a subpoena for records of that entity (Apr. 29,
    1992, p. ----); responding to a contemporaneous ``request'' for such
    records from a Special Counsel (Apr. 29, 1992, p. ----); and authorizing
    an officer of the House to release certain documents in response to
    another such request from

    [[Page 358]]
    ing the appointment of a select committee to inquire into alleged fire
    safety deficiencies in the environs of the House (May 10, 1988, p.
    10286).
      The privileges of the House include questions relating to the comfort
    and convenience of Members and employees (III, 2629-2636), such as
    resolutions concerning the proper attire for Members in the Chamber when
    the temperature is uncomfortably warm (July 17, 1979, p. 19008); as well
    as questions relating to safety, such as resolutions requiring an
    investigation into the safety of Members in view of alleged structural
    deficiencies in the West Front of the Capitol (July 25, 1980, pp. 19762-
    64); and direct

    [[Page 359]]
    a printed transcript of joint subcommittee hearings contained
    unauthorized alterations of the statements of subcommittee members in
    the prior Congress and that unauthorized alterations may have occurred
    in other committee hearing transcripts, and proposing the creation of a
    select committee to investigate and requiring the select committee to
    report back not later than a date certain (June 29, 1983, p. 18279); a
    resolution alleging that the Chair had improperly ordered the
    interruption of audio broadcast coverage of certain House proceedings
    (Mar. 17, 1988, p. 4180); a resolution requesting the Senate to return a
    House-passed bill and accompanying papers to the House if an error has
    been made by the Clerk in preparing the message to the Senate (Oct. 1,
    1982, p. 27172); a resolution seeking a determination whether there had
    been an unreasonable delay in transmitting an enrolled bill to the
    President (Oct. 8, 1991, p. ----); and a concurrent resolution directing
    the Clerk of the House and the Secretary of the Senate to produce
    official duplicates of certain legislative papers (Oct. 5, 1992, p. ----
    ).
      The privileges of the House include questions relating to the
    integrity of its proceedings, including the processes by which bills are
    considered (III, 2597-2601, 2614; IV, 3383, 3388, 3478), such as the
    constitutional question of the vote required to pass a joint resolution
    extending the State ratification period of a proposed Constitutional
    Amendment (Speaker O'Neill, Aug. 15, 1978, pp. 26203-04); a resolution
    responding to a court challenge to the prerogatives of the House to
    establish a chaplain and asserting the Constitutional doctrine of
    separation of powers (where a United States Court of Appeals had
    determined that the Constitution did not prohibit judicial determination
    whether establishment of the Chaplain violated the establishment clause
    of the First amendment to the Constitution) (Mar. 30, 1982, p. 5890);
    the resignation of a Member from a select or standing committee (Speaker
    Albert, June 16, 1975, p. 19054; Speaker O'Neill, Mar. 8, 1977, pp.
    6579-82); admission to the floor of the House (III, 2624-2626); the
    accuracy and propriety of reports in the Congressional Record (V, 7005-
    7023; VIII, 3163, 3461, 3463, 3464, 3491, 3499; Apr. 20, 1936, p. 5704;
    May 11, 1936, p. 7019; May 7, 1979, pp. 10099-10100), including a
    resolution asserting that a Member's remarks spoken in debate were
    omitted from the printed Record, directing that the Record be corrected
    and requiring the Clerk to report on the circumstances and possible
    corrective action (July 29, 1983, p. 21685), and resolutions directing
    the Committee on Rules to investigate and report to the House within a
    time certain on alleged alterations of the Congressional Record (Jan.
    24, 1984, p. 250), and whether the Record should constitute a verbatim
    transcript (May 8, 1985, p. 11072; Feb. 7, 1990, p. 1515); the conduct
    of representatives of the press (II, 1630, 1631; III, 2627; VI, 553);
    newspaper charges affecting the honor and dignity of the House (VII,
    911); the protection of papers in its files, especially when demanded by
    the courts and the protection of its constitutional prerogatives when
    directly questioned in the courts (III, 2604, 2660-2664; VI, 587;
    Sec. 291, supra), including a resolution furnishing certain requested
    information to an Independent Counsel investigating covert arms
    transactions with Iran (June 4, 1992, p. ----), and including a
    resolution responding to a request of a law enforcement official
    regarding the timing of the public release of official papers of the
    House (July 22, 1993, p. ----); the integrity of its Journal (II, 1363;
    III, 2620); the protection of its records (III, 2659; Sept. 18, 1992, p.
    ----), including directions to a committee to investigate press
    publication of a report that the House had ordered not to be released
    (Speaker Albert, Feb. 19, 1976, p. 3914), and including directions for
    the public release of transcripts and other relevant documents relating
    to an investigation by the Committee on House Administration's Task
    Force to investigate the operation and management of the Office of the
    Postmaster unless two designees of the bipartisan leadership agree to
    the contrary (June 9, 1994, p. ----); the accuracy of its documents (V,
    7329) and messages (III, 2613); a resolution asserting that

      While a motion to correct the Congressional Record based on improper
    alterations or insertions may be raised as a question of privilege, mere
    typographical errors or ordinary revisions of a Member's remarks do not
    form the basis for privileged motions to correct the Record (Apr. 25,
    1985, p. 9419; see Sec. 927, infra).

      The privileges of the House also include questions relating to the
    impact on the safety, dignity and integrity of House proceedings, and on
    the comfort and convenience of Members, of an experiment for the
    telecasting and broadcasting of House proceedings (Speaker O'Neill, Mar.
    15, 1977, pp. 7607-08); and a resolution authorizing and directing the
    Speaker to provide for the audio and visual broadcast coverage of the
    chamber while Members are voting, since clause 9 of rule I requires
    complete and unedited audio and visual coverage of House proceedings but
    coverage of rollcall votes had not been implemented (Apr. 30, 1985, p.
    9821).

    [[Page 360]]
    been drawn between charges made by one Member against another in a
    newspaper or in a press release (July 28, 1970, p. 26002) or in a ``Dear
    Colleague'' letter (Aug. 4, 1989, p. 19139), and the same when made on
    the floor (III, 1827, 2961, 2717). Charges made in newspapers against
    Members in their representative capacities involve privilege (III, 1832,
    2694, 2696-2699, 2703, 2704; VI, 576, 621; VIII, 2479), even though the
    names of individual Members be not given (III, 1831, 2705, 2709; VI,
    616, 617). Speaker Wright utilized a question of personal privilege to
    respond to a ``statement of alleged violations'' pending in the
    Committee on Standards of Official Conduct; and, pending the Committee's
    disposition of his motion to dismiss, announced his intention to resign
    as Speaker and as a Member (May 31, 1989, p. 10440). But vague charges
    in newspaper articles (III, 2711; VI, 570), criticisms (III, 2712-2714;
    VIII, 2465), or even misrepresentations of the Member's speeches or acts
    or responses in an interview (III, 2707, 2708; Aug. 3, 1990, p. ----),
    have not been entertained. While a question of personal privilege may
    not ordinarily be based merely on words spoken in debate (July 23, 1987,
    p. 20861; Mar. 16, 1988, p. 4085; Nov. 16, 1989, p. ----), a Member may
    raise a question of personal privilege based upon press accounts of
    another Member's remarks, in debate or off the floor, which impugned his
    character or motives (May 15, 1984, pp. 12207 and 12211; May 31, 1984,
    p. 14620), or based upon newspaper accounts of televised press coverage
    of a committee hearing at which he was criticized derogatorily (Mar. 3,
    1988, p. 3196). While questions of personal privilege normally involve
    matters touching on a Member's reputation, a Member may be recognized
    for a question of personal privilege based on a violation of his rights
    as a Member, such as unauthorized printed alterations in his statements
    made during a subcommittee hearing in a prior Congress (since the second
    phrase of this clause speaks to the ``rights, reputation, and conduct of
    Members, individually'') (June 28, 1983, p. 17674). A printed
    characterization by an Officer of the House of a Member's proposed
    amendments as ``dilatory and frivolous'' may give rise to a question of
    personal privilege (Aug. 1, 1985, p. 22542) as may the fraudulent use of
    a Member's official stationery as a ``dear colleague'' letter (Sept. 17,
    1986, p. 23605). While a Member may be recognized on a question of
    personal privilege to complain about an abuse of House rules as applied
    to debate in which he was properly participating, he may not raise a
    question of personal privilege merely to complain that microphones had
    been turned off during disorderly conduct following expiration of his
    recognition for debate (Mar. 16, 1988, p. 4085).

    Sec. 663. Privilege of the Member.

      The  privilege of the
    Member rests primarily on the Constitution, which gives to him a
    conditional immunity from arrest (Sec. 90) and an unconditional freedom
    of debate in the House (III, 2670, Sec. 92, supra). A menace to the
    personal safety of Members from an insecure ceiling in the Hall was held
    to involve a question of the highest privilege (III, 2685); and an
    assault on a Member within the Capitol when the House was not in
    session, from a cause not connected with the Member's representative
    capacity, was also held to involve a question of privilege (II, 1624).
    But there has been doubt as to the right of the House to interfere for
    the protection of Members, who outside the Hall, get into difficulties
    not connected with their official duties (II, 1277; III, 2678;
    footnote). Charges against the conduct of a Member are held to involve
    privilege when they relate to his representative capacity (III, 1828-
    1830, 2716; VI, 604, 612; VIII, 2479); but when they relate to conduct
    at a time before he became a Member they have not been entertained as of
    privilege (II, 1287; III, 2691, 2723, 2725). A distinction has

    [[Page 361]]
    necessary to give certain important matters a precedence by rule, and
    such matters are called ``privileged questions.'' But as they relate
    merely to the order of business under the rules, they are to be
    distinguished from ``questions of privilege'' which relate to the safety
    or efficiency of the House itself as an organ for action (III, 2718). It
    is evident, therefore, that a question of privilege takes precedence
    over a matter merely privileged under the rules (III, 2526-2530; V,
    6454; VIII, 3465). Certain matters of business, arising under provisions
    of the Constitution mandatory in nature, have been held to have a
    privilege which superseded the rules establishing the order of business,
    as bills providing for census or apportionment (I, 305-308), bills
    returned with the objections of the President (IV, 3530-3536),
    propositions of impeachment (III, 2045-2048, 2051, 2398; July 22, 1986,
    p. 17294), and questions incidental thereto (III, 2401, 2418; V, 7261;
    July 22, 1986, p. 17306; Dec. 2, 1987, p. 33720; Jan. 3, 1989, p. 84;
    Feb. 7, 1989, p. 1726), matters relating to the count of the electoral
    vote (III, 2573-2578), resolutions relating to adjournment and recess of
    Congress (V, 6698, 6701-6706), and a resolution declaring the office of
    Speaker vacant (VI, 35); but under later decisions certain of these
    matters which have no other basis in the Constitution or in the rules
    for privileged status, such as bills relating to census and
    apportionment, have been held not to present questions of privilege, and
    the effect of such decisions is to require all questions of privilege to
    come within the specific provisions of this rule (VI, 48; VII, 889; Apr.
    8, 1926, p. 7147). The ordinary rights and functions of the House under
    the Constitution are exercised in accordance with the rules without
    precedence as matters of privilege (III, 2567) but an extraordinary
    question relating to the House vote required by the Constitution to pass
    a joint resolution extending the ratification period of a proposed
    Constitutional amendment was raised as a question of privilege where the
    House had not otherwise made a separate determination on that procedural
    question and where consideration of the joint resolution had been made
    in order (Speaker O'Neill, Aug. 15, 1978, pp. 26203-04).

    Sec. 664. General principles as to precedence of questions
    of privilege.

      The  clause of the rule giving questions of privilege
    precedence of all other questions except a motion to adjourn is a
    recognition of a principle always well understood in the House, for it
    is an axiom of the parliamentary law that such a question ``supersedes
    the consideration of the original question, and must be first disposed
    of'' (III, 2522, 2523; VI, 595). As the business of the House began to
    increase it was found

    [[Page 362]]
    the order of precedence of motions) (Speaker Wright, Aug. 3, 1988, p.
    20281). A resolution collaterally challenging the validity or fairness
    of an adopted rule of the House by delaying its implementation was held
    not to give rise to a question of the privileges of the House (Speaker
    Foley, sustained by tabling of appeal, Feb. 3, 1993, p. ----).
      A motion to amend the rules of the House does not present a question
    of privilege [Speaker Cannon sustained by the House by a vote of 235 to
    53, thereby overruling the decision of March 19, 1910 (VIII, 3376),
    which held such motion privileged (VIII, 3377)], and a question of the
    privileges of the House may not be invoked to effect a change in the
    rules of the House or their interpretation (Speaker O'Neill, Dec. 6,
    1977, pp. 38470-73; Sept. 9, 1988, p. 23298; July 30, 1992, p. ----),
    including directions to the Speaker infringing upon his discretionary
    power of recognition under clause 2 of rule XIV (July 25, 1980, pp.
    19762-64), for example, by requiring that he give priority in
    recognition to any Member seeking to call up a matter highly privileged
    pursuant to a statutory provision, over a member from the Committee on
    Rules seeking to call up a privileged report from that Committee
    (Speaker Wright, Mar. 11, 1987, p. 5403), or by requiring that he state
    the question on overriding a veto before recognizing for a motion to
    refer (thereby overruling prior decisions of the Chair to change

    [[Page 363]]
    nal standards of accounting but alleging no deviation from duly
    constituted procedure was held not to give rise to a question of the
    privileges of the House (Speaker Foley, sustained by tabling of appeal,
    May 20, 1992, p. ----).

      A resolution that presents a proper question of the privileges of the
    House (alteration of subcommittee hearing transcripts) may propose the
    creation of a select investigatory committee with subpoena authority to
    report back to the House by a date certain (June 29, 1983, p. 18104),
    but may not appropriate funds for the investigating committee from the
    contingent fund (VI, 395). A resolution directing that the party ratios
    of all standing committees, subcommittees, and staffs thereof be changed
    within a time certain to reflect overall party ratios in the House was
    held to constitute a change in the rules of the House and not to
    constitute a proper question of the privileges of the House (the
    standing rules already providing mechanisms for selecting committee
    members and staff) (Jan. 23, 1984, p. 78). Although the rules of the
    House establish a procedure for fixing the ratio of majority to minority
    members on full committees, and also provide that subcommittees are
    subject to the direction and control of the full committee (clause 1(b)
    of rule XI), where it is alleged that subcommittee ratios should reflect
    full committee ratios established by the House, based upon denial of
    representational rights at the subcommittee level, a question of the
    privileges of the House is raised (Oct. 4, 1984, p. 30042). A
    legislative proposition presented as a question of constitutional
    privilege under the provisions of the 14th amendment was held not to
    involve a question of privilege (VI, 48). A Member may not by raising a
    question of the privileges of the House under rule IX thereby attach
    privilege to a question (directing the Committee on Rules to consider
    reporting a special order) not otherwise in order under the rules of the
    House (Speaker Albert, June 27, 1974, p. 21596; July 31, 1975, p.
    26250). A resolution alleging that a recitation of the pledge of
    allegiance at the start of each legislative day would enhance the
    dignity and integrity of the proceedings of the House and directing that
    the Speaker implement such a recitation as the practice of the House was
    held to propose a rules change and therefore not to give rise to a
    question of the privileges of the House (Sept. 9, 1988, p. 23298).
    Alleged improprieties in committee procedures, including charges of
    committee inaction (III, 2610), secret committee conferences (VI, 578),
    refusal to make staff study available to certain Members and to the
    public (Feb. 14, 1939, p. 1370), refusal to give hearings or allow
    petitions to be read (III, 2607), refusal to permit committee member to
    take photostatic copies of committee files (Aug. 14, 1957, p. 14739),
    and a determination whether a committee violated House rules by voting
    to take allegedly defamatory testimony in open session (June 30, 1958,
    pp. 12690-91), were all held not to give rise to a question of the
    privileges of the House. A resolution directing that the reprogramming
    process established in law for Legislative Branch appropriations be
    subjected to third-party review for conformity with exter

    [[Page 364]]
    standing rules of the House relating to the order of business (Speaker
    O'Neill, July 10, 1985, p. 18394; Feb. 6, 1989, pp. 1676-82).

    Sec. 665. Precedence of questions of privilege as related to
    pending business.

      A  question of privilege which relates to a breach of
    privilege (an assault) occurring during the reading of the Journal may
    interrupt its reading (II, 1630). A question of privilege may interrupt
    the reading of the Journal (II, 1630; VI, 637), the consideration of a
    bill under a special order (III, 2524, 2525), a rule providing for a
    vote ``without intervening motion'' (VI, 560), a proposition to suspend
    the rules (III, 2553; VI, 553, 565), the consideration of certain
    matters on which the previous question has been ordered (III, 2532; VI,
    561; VIII, 2688), business in order on Calendar Wednesday (VI, 394; VII,
    908-910), reports from the Rules Committee before debate has begun
    (VIII, 3491; Mar. 11, 1987, p. 5403), call of the Consent Calendar on
    Monday (VI, 553), before that Calendar was repealed in the 104th
    Congress (H. Res. 168, June 20, 1995, p. ----), and motions to resolve
    into Committee of the Whole (VI, 554; VIII, 3461). A question of the
    privileges of the House takes precedence over unfinished business,
    privileged under clauses 1 and 3 of rule XXIV (Speaker Albert, June 4,
    1975, p. 16860). Since a resolution raising a question of the privileges
    of the House takes precedence over a motion to suspend the rules, it may
    be offered and voted on between motions to suspend the rules on which
    the Speaker has postponed record votes until after debate on all
    suspensions (May 17, 1983, p. 12486). While a question of privilege is
    pending a message of the President is received (V, 6640-6642), but is
    read only by unanimous consent (V, 6639). A motion to reconsider may
    also be entered but may not be considered (V, 5673-5676). It has been
    held that only one question of privilege may be pending at a time (III,
    2533), but having presented one question of privilege, a Member, before
    discussing it, may submit a second question of privilege related to the
    first and discuss both on one recognition (VI, 562). In general one
    question of privilege may not take precedence over another (III, 2534,
    2552, 2581), and the Chair's power of recognition determines which of
    two matters of equal privilege is considered first (July 24, 1990, p. --
    --). While a resolution raising a question of the privileges of the
    House has precedence over all other questions, it is nevertheless
    subject to disposition by the ordinary motions permitted under clause 4
    of rule XVI, and by the motion to refer under clause 1 of rule XVII
    (Speaker Albert, Feb. 19, 1976, p. 3914; Apr. 28, 1983, p. 10423; Mar.
    22, 1990, p. 4996). While under rule IX a question of the privileges of
    the House takes precedence over all other questions except the motion to
    adjourn, the Speaker may, pursuant to his power of recognition under
    clause 2 of rule XIV, entertain unanimous consent requests for ``one-
    minute speeches'' pending recognition for a question of privilege, since
    such unanimous consent requests, if granted, temporarily waive the

    Sec. 666. Precedence of questions of personal
    privilege.

      When  a Member proposes merely to address the House on a question
    of personal privilege, and does not bring up a resolution affecting the
    dignity or integrity of the House for action, the practice as to
    precedence is somewhat different. Thus, a Member rising to a question of
    personal privilege may not interrupt a call of the yeas and nays (V,
    6051, 6052, 6058, 6059; VI, 554, 564), or take from the floor another
    Member who has been recognized for debate (V, 5002; VIII, 2459, 2528;
    Sept. 29, 1983, p. 26508; July 23, 1987, p. 20861), but he may interrupt
    the ordinary legislative business (III, 2531). A Member may address the
    House on a question of personal privilege even after the previous
    question has been ordered on a pending bill (VI, 561; VIII, 2688). Under
    modern practice, a question of personal privilege may not be raised in
    Committee of the Whole (Sept. 4, 1969, p. 24372; Dec. 13, 1973, p.
    41270), the proper remedy being that a demand that words uttered in the
    Committee of the Whole be taken down pursuant to clause 5 of rule XIV;
    yet a breach of privilege occurring in Committee of the Whole relates to
    the dignity of the House and is so treated (II, 1657). A question of
    personal privilege may not be raised while a question of the privileges
    of the House is pending (Apr. 30, 1985, p. 9808; May 1, 1985, p. 10003).

    <>   Whenever it is
    asserted on the floor that the privileges of the House are invaded, the
    Speaker entertains the question (II, 1501), and may then refuse
    recognition
    if the resolution is not admissible as a question of privilege under the
    rule. Although the early custom was for the Speaker to submit to the
    House the question whether a resolution involved the privileges of the
    House (III, 2718), the modern practice is for the Speaker to rule
    directly on the question (VI, 604; Speaker Wright, Mar. 11, 1987, p.
    5404; Feb. 3, 1995, p. ----; Feb. 7, 1995, p. ----), subject to appeal
    where appropriate (Speaker Albert, June 27, 1974, p. 21596). Under the
    form of the rule adopted in the 103d Congress, the Speaker does not rule
    on the privileged status of a resolution at the time that resolution is
    noticed, but only when the resolution is called up within two
    legislative days (Feb. 11, 1994, p. ----; Sept. 13, 1994, p. ----; Feb.
    3, 1995, p. ----). Common fame has been held sufficient basis for
    raising a question (III, 2538, 2701); a telegraphic dispatch may also
    furnish a basis (III, 2539). A report relating to the contemptuous
    conduct of a witness before a committee gives rise to a question of the
    privileges of the House and may, under this rule, be considered on the
    same day reported notwithstanding the requirement of clause 2(l)(6) of
    rule XI that reports from committees be available to Members for at
    least

    [[Page 365]]
    3 calendar days prior to their consideration (Speaker Albert, July 13,
    1971, pp. 24720-23). But a Member may not, as matter of right, require
    the reading of a book or paper on suggesting that it contains matter
    infringing on the privileges of the House (V, 5258). In presenting a
    question of personal privilege the Member is not required in the first
    instance to offer a motion or resolution, but he must take this
    preliminary step in raising a question of general privileges (III, 2546,
    2547; VI, 565-569; VII, 3464). A proposition of privilege may lose its
    precedence by association with a matter not of privilege (III, 2551; V,
    5890; VI, 395). Debate on a question of privilege is under the hour rule
    (V, 4990; VIII, 2448), but the previous question may be moved (II, 1256;
    V, 5459, 5460; VIII, 2672). Consideration of a resolution as a question
    of the privileges of the House has included an hour of debate on a
    motion to refer under clause 4 of rule XVI; a separate hour of debate on
    the resolution, itself, under clause 2 of rule XIV; and a motion to
    commit (not debatable after the ordering of the previous question) under
    clause 1 of rule XVII (Mar. 12, 1992, p. ----). Debate on a letter of
    resignation is controlled by the Member moving the acceptance of the
    resignation (Mar. 8, 1977, pp. 6579-82) if the resigning Member does not
    seek recognition (June 16, 1975, p. 19054). Debate on a question of
    personal privilege must be confined to the statements or issues which
    gave rise to the question of privilege (V, 5075-77; VI, 576, 608; VIII,
    2448, 2481; May 31, 1984, p. 14623).

    [House Rules Manual -- House Document No. 103-342]
    [Page 365-450]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-94]

    Sec. 667. Questions of privilege in the absence of a
    quorum.

      During  a call of the House in the absence of a quorum, only such
    questions of privilege as relate immediately to those proceedings may be
    presented (III, 2545). See also Sec. 771a, infra.

                                     Rule X.

             ESTABLISHMENT AND JURISDICTION OF STANDING COMMITTEES.

                      The Committees and Their Jurisdiction

    [[Page 366]]

    Sec. 669. Number and jurisdiction of standing
    committees.

      1.  There shall be in the House the following standing
    committees, each of which shall have the jurisdiction and related
    functions assigned to it by this clause and clauses 2, 3, and 4; and all
    bills, resolutions, and other matters relating to subjects within the
    jurisdiction of any standing committee as listed in this clause shall
    (in accordance with and subject to clause 5) be referred to such
    committees, as follows:

      Under the Legislative Reorganization Act of 1946 (60 Stat. 812), the
    44 committees of the 79th Congress were consolidated into 19, effective
    January 2, 1947. The total number of standing committees grew over time
    with the creation of the Committee on Science and Astronautics (now the
    Committee on Science), established on July 21, 1958 (p. 14513); the
    Committee on Standards of Official Conduct, established on April 13,
    1967 (p. 9425); the Committee on the Budget, established on July 12,
    1974, by the Congressional Budget Act of 1974 (88 Stat. 297); and the
    Committee on Small Business, established as a standing committee
    effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470). The Committee on Internal Security was abolished in the 94th
    Congress (H. Res. 5, Jan. 14, 1975, p. 20) thereby setting the total
    number of standing committees at 22.

      The 104th Congress reduced the total number to 19 by abolishing the
    Committees on the District of Columbia, Merchant Marine and Fisheries,
    and Post Office and Civil Service (sec. 202(a), H. Res. 6, Jan. 4, 1995,
    p. ----). Matters formerly in the jurisdiction of the Committees on the
    District of Columbia and Post Office and Civil Service were transferred
    to the Committee on Government Reform and Oversight (formerly Government
    Operations); and matters formerly in the jurisdiction of the Committee
    on Merchant Marine and Fisheries were transferred to the Committees on
    Resources (formerly Natural Resources), Transportation and
    Infrastructure (formerly Public Works and Transportation), National
    Security (formerly Armed Services), and Science (formerly Science,
    Space, and Technology (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. ----).

      A Permanent Select Committee on Intelligence was established on July
    14, 1977, and is now carried in rule XLVIII. A permanent Select
    Committee on Aging was added to clause 6 of this rule effective January
    3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470) until stricken
    in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. ----).

      Although earlier forms of the rule specified the number of Members
    comprising each of the standing committees, those specifications were
    eliminated in the 93d Congress, leaving to the House the authority to
    establish the sizes of committees by the numbers elected to each
    standing committee pursuant to clause 6(a)(1) of rule X. The rules still
    specify part of the composition of the Committee on the Budget (clause
    1(d)(1) of rule X) as well as the overall size and preferred composition
    of the Permanent Select Committee on Intelligence (clause 1(a) of rule
    XLVIII).

    [[Page 367]]
    the erroneous reference was made (clause 4 of rule XXII), must be made
    immediately following the reading of the Journal (VII, 1809, 2119,
    2120), must apply to a single bill and not to a class of bills (VII,
    2125), must apply to a bill erroneously referred (VII, 2125), may be
    amended (VII, 2127), may not be divided (VII, 2125); and may not be
    debated (VII, 2126, 2128), but are not in order on Calendar Wednesday
    (VII, 2117), and are not privileged if the original reference was not
    erroneous (VII, 2125). The re-referral of most bills is accomplished by
    unanimous consent (see Procedure, ch. 17, sec. 17-38).
      The rule is mandatory on the Speaker in referring public bills and on
    Members in referring private bills and petitions under rule XXII, but
    when the House itself refers a bill it may send it to any committee
    without regard to the rules of jurisdiction (IV, 4375; V, 5527; VII,
    2131) and jurisdiction is thereby conferred (IV, 4362-4364; VII, 2105).
    Motions for change of reference of public bills and resolutions must be
    authorized either by the committee claiming jurisdiction (clause 4 of
    rule XXII; VII, 2121; Feb. 13, 1918, p. 2070; Jan. 10, 1941, p. 100) or
    by report of the committee to which

      Prior to the 94th Congress, a bill could not be divided among two or
    more committees, even though it might contain matters properly within
    the jurisdiction of several committees (IV, 4372). The Committee Reform
    Amendments of 1974 added clause 5 of rule X, permitting the Speaker to
    refer any matter to more than one committee (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470). Clause 5 was amended in the 104th Congress to
    require the Speaker to designate a primary committee among those to
    which a matter is initially referred (sec. 205, H. Res. 6, Jan. 4, 1995,
    p. ----).

      A committee having jurisdiction of a subject by means of a petition
    (IV, 3365) properly referred (IV, 4361) can report on the subject
    thereof. It has generally been held that a committee may not report a
    bill whereof the subject matter has not been referred to it by the House
    (IV, 4355-4360, 4372; VII, 1029, 2101, 2102). Where a House bill is
    returned from the Senate with a substitute amendment relating to a new
    and different subject, the reference could nevertheless be to the
    committee having jurisdiction of the original bill (IV, 4373, 4374);
    normally, however such amended measures are held at the Speaker's table
    until disposed of by the House. The erroneous reference of a public bill
    under this rule, if it remain uncorrected, gives jurisdiction (IV, 4365-
    4371; VII, 2108), but such is not the case with a private bill or
    petition (IV, 3364, 4382-4389) unless the reference be made by action of
    the House itself (IV, 4390, 4391; VII 2131). A point of order as to the
    reference of a private bill is good when the bill comes up for
    consideration, either in the House or in Committee of the Whole (IV,
    4382-4389; VII, 2116, 2132; VIII, 2262) or at any time prior to passage
    (VII, 2116). The reference of a bill to a committee involving the same
    subject matter as a bill previously reported confers jurisdiction anew
    upon the committee to consider and report the bill subsequently
    introduced (VIII, 2311).

    [[Page 368]]

      Clause 2 of rule XXII prohibits the reception or consideration of
    certain private bills relating to claims, pensions, construction of
    bridges, correction of military or naval records, etc. The clause was
    expanded in the 104th Congress to prohibit introduction or consideration
    of any bill or resolution expressing a commemoration by designation of a
    specified period of time (sec. 216, H. Res. 6, Jan. 4, 1995, p. ----).

      (a) Committee on Agriculture.

    Sec. 670. Agriculture.

          (1)  Adulteration of seeds, insect
    pests, and protection of birds and animals in forest reserves.

          (2) Agriculture generally.

          (3) Agricultural and industrial chemistry.

          (4) Agricultural colleges and experiment stations.

          (5) Agricultural economics and research.

          (6) Agricultural education extension services.

          (7) Agricultural production and marketing and stabilization of
    prices of agricultural products, and commodities (not including
    distribution outside of the United States).

          (8) Animal industry and diseases of animals.

          (9) Commodities exchanges.

          (10) Crop insurance and soil conservation.

          (11) Dairy industry.

          (12) Entomology and plant quarantine.

          (13) Extension of farm credit and farm security.

          (14) Inspection of livestock, and poultry, and meat products, and
    seafood and seafood products.

          (15) Forestry in general, and forest reserves other than those
    created from the public domain.

          (16) Human nutrition and home economics.

          (17) Plant industry, soils, and agricultural engineering.

          (18) Rural electrification.

          (19) Rural development.

    [[Page 369]]

          (20) Water conservation related to activities of the Department of
    Agriculture.

      This Committee was established in 1820 (IV, 4149). In 1880 the subject
    of forestry was added to its jurisdiction, and the Committee was
    conferred authority to receive estimates of and to report appropriations
    (IV, 4149). However, on July 1, 1920, authority to report appropriations
    for the Department of Agriculture was transferred to the Committee on
    Appropriations (VII, 1860).

      The basic form of the present jurisdictional statement was made
    effective January 2, 1947, as a part of the Legislative Reorganization
    Act of 1946 (60 Stat. 812). Subparagraph (7) was altered by the 93d
    Congress, effective January 3, 1975, to include jurisdiction over
    agricultural commodities (including the Commodity Credit Corporation)
    while transferring jurisdiction over foreign distribution and
    nondomestic production of commodities to the Committee on International
    Relations (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470).
    Nevertheless, the Committee has retained a limited jurisdiction over
    measures to release CCC stocks for such foreign distribution (Sept. 14,
    1989, p. 20428). Previously unstated jurisdictions over commodities
    exchanges and rural development were codified effective January 3, 1975.

      The 104th Congress consolidated the Committee's jurisdiction over
    inspection of livestock and meat products to include inspection of
    poultry, seafood, and seafood products, and added subparagraph (20)
    relating to water conservation (sec. 202(a), H. Res. 6, Jan. 4, 1995, p.
    ----).

      The Committee has had jurisdiction of bills for establishing and
    regulating the Department of Agriculture (IV, 4150), for inspection of
    livestock and meat products, regulation of animal industry, diseases of
    animals (IV, 4154; VII, 1862), adulteration of seeds, insect pests,
    protection of birds and animals in forest reserves (IV, 4157; VII,
    1870), the improvement of the breed of horses, even with the cavalry
    service in view (IV, 4158; VII, 1865).

      The Committee, having charge of the general subject of forestry, has
    reported bills relating to timber, and forest reserves other than those
    created from the public domain (IV, 4160). It has also exercised
    jurisdiction of bills relating to agricultural colleges and experiment
    stations (IV, 4152), incorporation of agricultural societies (IV, 4159),
    establishment of a highway commission (IV, 4153), to discourage
    fictitious and gambling transactions in farm products (IV, 4161; VII,
    1861), and to regulate the transportation, sale and handling of dogs and
    cats intended for use in research and the licensing of animal research
    facilities (July 29, 1965, p. 18691).

    [[Page 370]]
    and tax on cotton and grain futures (65th Cong.). But this jurisdiction
    of revenue matters is exceptional (IV, 4155).
      The Committee has, by direct action of the House, secured jurisdiction
    of bills imposing an internal-revenue tax on oleomargarine (IV, 4156),
    and has also had a general, but not exclusive jurisdiction of bills
    relating to imitation dairy products, manufacture of lard, etc. (IV,
    4156; VII, 1869),

      The House referred the President's message dealing with the
    refinancing of farm-mortgage indebtedness to the Committee, thus
    conferring jurisdiction (Apr. 4, 1933, p. 1209).

      The Committee has exclusive jurisdiction over a bill relating solely
    to executive level positions in the Department of Agriculture (Mar. 2,
    1976, p. 4958) and has jurisdiction over bills to develop land and water
    conservation programs on private and non-Federal lands (June 7, 1976, p.
    16768).

      (b) Committee on Appropriations.

    Sec. 671a. Appropriations.

        (1)    Appropriation of the
    revenue for the support of the Government.

          (2) Rescissions of appropriations contained in appropriation Acts.

          (3) Transfers of unexpended balances.

    The committee shall include separate headings for ``Rescissions'' and
    ``Transfers of Unexpended Balances'' in any bill or resolution as
    reported from the committee under its jurisdiction specified in
    subparagraph (2) or (3), with all proposed rescissions and proposed
    transfers listed therein; and shall include a separate section with
    respect to such rescissions or transfers in the accompanying committee
    report. In addition to its jurisdiction under the preceding provisions
    of this paragraph, the committee shall have the fiscal oversight
    function provided for in clause 2(b)(3)

    [[Page 371]]
    and the budget hearing function provided for in clause 4(a).

          (4) The amount of new spending authority (as described in the
    Congressional Budget Act of 1974) which is to be effective for a fiscal
    year, including bills and resolutions (reported by other committees)
    which provide new spending authority and are referred to the committee
    under clause 4(a).

      This Committee was established in 1865, when all the general
    appropriation bills were confided to its care. In 1885 a portion of the
    bills were distributed to other committees. On July 1, 1920, the
    Committee again was given jurisdiction over all appropriations by an
    amendment to the rules adopted June 1, 1920 (VII, 1741).

    Sec. 671b. Responsibilities under Budget Act.

      Effective  July
    12, 1974, special Presidential messages on rescissions and deferrals of
    budget authority submitted pursuant to sections 1012 and 1013 of the
    Impoundment Control Act of 1974 (2 U.S.C. 683-4), as well as rescission
    bills and impoundment resolutions defined in section 1011 (2 U.S.C. 682)
    and required in section 1017 (2 U.S.C. 688) to be referred to the
    ``appropriate'' committee, are referred to the Committee on
    Appropriations if the proposed rescissions or deferrals involve funds
    already appropriated or obligated. Also effective July 12, 1974, the
    Congressional Budget Act of 1974 (sec. 404(a); 88 Stat. 320) gave the
    Committee jurisdiction later perfected by the Committee Reform
    Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470),
    over rescissions of appropriations (subpara. (2)), transfers of
    unexpended balances (subpara. (3)), and the amount of new spending
    authority to be effective for a fiscal year including measures reported
    by other committees which exceed the appropriate allocation of new
    budget authority contained in the most recently agreed to concurrent
    resolution on the budget for such fiscal year as provided in clause
    4(a)(2) of rule X (subpara. (4)).

      In the 95th Congress this paragraph was amended to correct a
    typographical error (H. Res. 5, Jan. 4, 1977, p. 53).

      While this Committee has authority to report appropriations, the power
    to report legislation relating thereto belongs to other committees (IV,
    4033; clause 2 of rule XXI), and a general appropriation bill reported
    from this Committee may not contain items of appropriation not
    authorized by law or provisions amending existing law (except
    retrenchments and rescissions of appropriations) (clause 2 of rule XXI),
    and may not contain reappropriations of unexpended balances except
    within agencies (clause 6 of rule XXI). General appropriation bills may
    not be considered in the House until reports and hearings have been
    available for three days (clause 7 of rule XXI), and other reports from
    the Committee likewise may not be considered until available for the
    time prescribed in clause 2(l)(6) of rule XI.

    [[Page 372]]
    Committee in clause 2(b)(3) of rule X, effective January 3, 1975 (H.
    Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The Committee is also
    authorized and directed to hold hearings on the budget as a whole in
    open session within 30 days of its submission (clause 4(a)(1)(A) of rule
    X), and to study on a continuing basis provisions of law providing
    spending authority or permanent budget authority and to report to the
    House recommendations for terminating or modifying such provisions
    (clause 4(a)(3) of rule X). The requirement of section 139 of the
    Legislative Reorganization Act of 1946 (60 Stat. 812) that the
    Committees on Appropriations of the House and Senate develop a standard
    appropriation classification schedule was superseded by section 202(a)
    of the Legislative Reorganization Act of 1970 (84 Stat. 1167), which now
    imposes that responsibility upon the Secretary of the Treasury and the
    Office of Management and Budget. The further requirement of section 139
    of the 1946 Act that the Appropriations Committees study existing
    permanent appropriations and recommend which, if any, should be
    discontinued was made the responsibility of all standing committees of
    the House by clauses 4(f)(1) and (2) of rule XI, through enactment of
    section 253 of the 1970 Act (84 Stat. 1175).

      The authority to conduct studies and examinations of the organization
    and operation of executive departments and agencies was first given to
    this Committee on February 11, 1943 (p. 884); continued by resolution of
    January 9, 1945 (p. 135); and incorporated into permanent law in section
    202(b) of the Legislative Reorganization Act of 1946 (60 Stat. 812).
    This authority was first made part of the standing rules on January 3,
    1953 (pp. 17, 24), and is now listed as a general oversight
    responsibility of the

      (c) Committee on Banking and Financial Services.

    Sec. 672. Banking and Financial Services.

          (1)  Banks and
    banking, including deposit insurance and Federal monetary policy.

          (2) Bank capital markets activities generally.

          (3) Depository institution securities activities generally,
    including the activities of any affiliates, except for functional
    regulation under applicable securities laws not involving safety and
    soundness.

          (4) Economic stabilization, defense production, renegotiation, and
    control of the price of commodities, rents, and services.

          (5) Financial aid to commerce and industry (other than
    transportation).

          (6) International finance.

          (7) International financial and monetary organizations.

    [[Page 373]]

          (8) Money and credit, including currency and the issuance of notes
    and redemption thereof; gold and silver, including the coinage thereof;
    valuation and revaluation of the dollar.

          (9) Public and private housing.

          (10) Urban development.

      This Committee was established in 1865 as the Committee on Banking and
    Currency (IV, 4082). In the Committee Reform Amendments of 1974,
    effective January 3, 1975, its name was changed to Banking, Currency and
    Housing (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 95th
    Congress its name was changed to Banking, Finance and Urban Affairs (H.
    Res. 5, Jan. 4, 1977, pp. 53-70). In the 104th Congress its name was
    changed to Banking and Financial Services (sec. 202(a), H. Res. 6, Jan.
    4, 1995, p. ----).

    [[Page 374]]
    Committee on Commerce, and jurisdiction over urban mass transportation
    to what is now the Committee on Transportation and Infrastructure (H.
    Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 104th Congress
    subparagraphs (2) and (3) were added (sec. 202(a), H. Res. 6, Jan. 4,
    1995, p. ----).
      The Committee was given much of its present jurisdiction in the
    Legislative Reorganization Act of 1946 (60 Stat. 812), by which it
    absorbed the jurisdiction of the former Committee on Coinage, Weights,
    and Measures (created in 1864; IV, 4090), except jurisdiction over
    matters relating to the standardization of weights and measures and the
    metric system was given to the Committee on Interstate and Foreign
    Commerce and was later transferred to the Committee on Science and
    Astronautics (now Science) in the 85th Congress (H. Res. 580, July 21,
    1958, p. 14513). In the 92d Congress jurisdiction over the impact on the
    economy of tax-exempt foundations and charitable trusts was transferred
    from the Subcommittee on Foundations of the Select Committee on Small
    Business, along with all that subcommittee's files, to this Committee
    (H. Res. 320, Apr. 27, 1971, p. 12081). Prior to the end of the 93d
    Congress, the Committee had legislative jurisdiction over the problems
    of small business under its general jurisdiction over financial aid to
    commerce and industry; but with the adoption of the Committee Reform
    Amendments of 1974, effective January 3, 1975, that jurisdiction was
    transferred to the standing Committee on Small Business, the permanent
    Select Committee on Small Business was abolished, and this Committee was
    specifically given jurisdiction over Federal monetary policy, money and
    credit, urban development, economic stabilization, defense production,
    and renegotiation (the latter matter formerly within the jurisdiction of
    the Committee on Ways and Means), international finance, and
    International Financial and Monetary organizations (formerly within the
    jurisdiction of the Committee on International Relations), while
    jurisdiction over the Commodity Credit Corporation was transferred to
    the Committee on Agriculture, jurisdiction over export controls and
    international economic policy to the Committee on International
    Relations, jurisdiction over construction of nursing home facilities to
    what is now the

      The Committee has reported on subjects relating to the strengthening
    of public credit, issues of notes and taxation and redemption thereof
    (IV, 4084), propositions to maintain the parity of the money of the
    United States (IV, 4089; VII, 1792), the issue of silver certificates as
    currency (IV, 4087, 4088), national banks and current deposits of public
    money (IV, 4083; VII, 1790), the incorporation of an international bank
    (IV, 4086), subjects relating to the Freedman's Bank (IV, 4085), and
    Federal Reserve system, farm loan act, home loan bills, stabilization of
    the dollar, War Finance Corporation, Federal Reserve Bank buildings
    (VII, 1793, 1795). The Committee has jurisdiction of bills providing
    consolidation of grant-in-aid programs for urban development (Mar. 18,
    1970, p. 7887), bills providing for U.S. participation in the
    International Development Association (Mar. 9, 1960, p. 5046), bills to
    authorize GSA to acquire land in D.C. for transfer to the International
    Monetary Fund (May 1, 1962, p. 7428), bills relating to flood insurance
    (Dec. 4, 1975, p. 38701), and over an executive communication proposing
    regulations for college housing programs (notwithstanding that the
    requirement for such regulations was contained in higher education
    legislation reported from the Committee on Education and Labor) (June
    15, 1982, p. 13638).

      (d)(1) Committee on the Budget, consisting of the following Members:

    Sec. 673a. Budget, Composition of.

           (A) Members who are
    members of other standing committees, including five Members who are
    members of the Committee on Appropriations, and five Members who are
    members of the Committee on Ways and Means;

          (B) one Member from the leadership of the majority party; and

    No Member other than a representative from the leadership of a party may
    serve as a member of the Committee on the Budget during more

    [[Page 375]]
    than four Congresses in any period of six successive Congresses
    (disregarding for this purpose any service performed as a member of such
    committee for less than a full session in any Congress), except that an
    incumbent chairman or ranking minority member having served on the
    committee for four Congresses and having served as chairman or ranking
    minority member of the committee for not more than one Congress shall be
    eligible for reelection to the committee as chairman or ranking minority
    member for one additional Congress.

          (C) one Member from the leadership of the minority party.

    Sec. 673b. Jurisdiction and duties.

          (2)  All concurrent
    resolutions on the budget (as defined in section 3 of the Congressional
    Budget Act of 1974), other matters required to be referred to the
    committee under titles III and IV of that Act, and other measures
    setting forth appropriate levels of budget totals for the United States
    Government.

          (3) Measures relating to the congressional budget process,
    generally.

          (4) Measures relating to the establishment, extension, and
    enforcement of special controls over the Federal budget, including the
    budgetary treatment of off-budget Federal agencies and measures
    providing exemption from reduction under any order issued under part C
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

          (5) The committee shall have the duty--

    [[Page 376]]

              (A) to report the matters required to be reported by it under
    titles III and IV of the Congressional Budget Act of 1974;

              (B) to make continuing studies of the effect on budget outlays
    of relevant existing and proposed legislation and to report the results
    of such studies to the House on a recurring basis;

              (C) to request and evaluate continuing studies of tax
    expenditures; to devise methods of coordinating tax expenditures,
    policies, and programs with direct budget outlays, and to report the
    results of such studies to the House on a recurring basis; and

              (D) to review, on a continuing basis, the conduct by the
    Congressional Budget Office of its functions and duties.

      This Committee was established in the 93d Congress, effective July 12,
    1974, by section 101 of the Congressional Budget Act of 1974 (88 Stat.
    299). The separate subpoena authority conferred upon the Committee by
    section 101(b) of that Act has been superseded by the general grant of
    subpoena authority to all committees in clause 2(m) of rule XI (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470). In addition to the duties
    contained in clause 1(d)(5), the Committee is also charged with the
    special oversight function of studying the effect of budget outlays on
    existing and proposed legislation, and of studying tax policies and
    coordinating them with budget outlays, and reporting to the House
    thereon (clause 3(b) of rule X); as well as the additional function set
    forth in clause 4(b) of rule X of studying programs exempt from
    inclusion in the budget and recommending termination or modification of
    such programs.

    [[Page 377]]

      In the 94th Congress the membership of the Committee was increased to
    25 (from 23), with 13 (rather than 11) members elected from committees
    other than Appropriations and Ways and Means (H. Res. 5, Jan. 14, 1975,
    p. 20). The membership was increased again in the 97th Congress to 30,
    with 28 from other standing committees and two from the respective
    leaderships (H. Res. 5, Jan. 5, 1981, pp. 98-113), and again in the 98th
    Congress to 31 (unanimous consent order, Feb. 7, 1983, p. 1791). The
    99th Congress amended this paragraph to remove any numerical limitation
    on the membership of the Committee (H. Res. 7, Jan. 3, 1985, p. 393).

      This paragraph was amended in the 96th Congress to relax the
    limitation on Members' service on the Committee to three Congresses
    (from two) in any period of five successive Congresses, to exempt
    representatives from the party leaderships from the limitation, and to
    permit an incumbent chairman who had served on the Committee for three
    Congresses and as chairman for not more than one Congress to be eligible
    for reelection as chairman for one additional Congress (H. Res. 5, Jan.
    15, 1979, p. 8). It was again amended in the 100th Congress to eliminate
    as obsolete the words ``beginning after 1974'' following ``any period of
    five successive Congresses'' as a measure of permissible terms of
    service on the Committee (H. Res. 5, Jan. 6, 1987, p. 6). It was further
    amended in the 101st Congress to permit, in that Congress only, a
    minority Member who had served on the Committee for three terms to run
    within his party's caucus for the position of ranking minority Member
    and thus be able to serve on the Committee for one additional Congress,
    and to permit a Member elected as ranking minority Member during his
    third term on the Committee to serve one additional term on the
    Committee should he be re-elected as the ranking minority Member (H.
    Res. 5, Jan. 3, 1989, p. 72). It was again amended in the 102d Congress
    to extend the waiver of the tenure restriction for the ranking minority
    member of the Committee (H. Res. 5, Jan. 3, 1991, p. ----), but in the
    103d Congress that provision was stricken as obsolete (H. Res. 5, Jan.
    5, 1993, p. ----). In the 104th Congress the limitation on a Member's
    service on the Committee was relaxed to four Congresses (from three) in
    any period of six successive Congresses, with the exception that an
    incumbent chairman or ranking minority member who has served on the
    Committee for four Congresses and in either of the specified capacities
    for not more than one Congress would be permitted to serve as chairman
    or ranking minority member for one additional Congress (sec. 202(a), H.
    Res. 6, Jan. 4, 1995, p. ----).

    [[Page 378]]
    questration orders issued under the Balanced Budget and Emergency
    Deficit Control Act (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. ----).

      In the 99th Congress this paragraph was again amended by section
    232(h) of the Balanced Budget and Emergency Deficit Control Act of 1985,
    to confer jurisdiction over Senate joint or concurrent resolutions
    constituting congressional responses to a Presidential sequestration
    order issued pursuant to a report of the Comptroller General under
    section 252(b) of that Act (P.L. 99-177, Dec. 12, 1985). It was again
    amended by the Budget Enforcement Act of 1990 to conform subparagraph
    (2) to changes in the congressional budget laws (tit. XIII, P.L. 101-
    508, Nov. 5, 1990). The 104th Congress amended the paragraph to expand
    the limited legislative jurisdiction of the Committee by: (1) adding
    other measures setting forth appropriate levels of budget totals to
    subparagraph (2); (2) granting the Committee jurisdiction over the
    congressional budget process generally in a new subparagraph (3); and
    (3) granting the Committee jurisdiction over special controls over the
    federal budget in a new subparagraph (4), including receiving from the
    former Committee on Government Operations (now Government Reform and
    Oversight) jurisdiction over budgetary treatment of off-budget Federal
    agencies and measures providing exemption from se

      (e) Committee on Commerce.

          (1) Biomedical research and development.

    Sec. 674. Commerce.

            (2) Consumer affairs and consumer
    protection.

          (3) Health and health facilities, except health care supported by
    payroll deductions.

          (4) Interstate energy compacts.

          (5) Interstate and foreign commerce generally.

          (6) Measures relating to the exploration, production, storage,
    supply, marketing, pricing, and regulation of energy resources,
    including all fossil fuels, solar energy, and other unconventional or
    renewable energy resources.

          (7) Measures relating to the conservation of energy resources.

          (8) Measures relating to energy information generally.

          (9) Measures relating to (A) the generation and marketing of power
    (except by federally chartered or Federal regional power marketing
    authorities), (B) the reliability and interstate transmission of, and
    ratemaking for, all power, and (C) the siting of generation facilities;
    except the installation of interconnections between Government
    waterpower projects.

          (10) Measures relating to general management of the Department of
    Energy, and the management and all functions of the Federal Energy
    Regulatory Commission.

          (11) National energy policy generally.

    [[Page 379]]

          (12) Public health and quarantine.

          (13) Regulation of the domestic nuclear energy industry, including
    regulation of research and development reactors and nuclear regulatory
    research.

          (14) Regulation of interstate and foreign communications.

          (15) Securities and exchanges.

    The committee shall have the same jurisdiction with respect to
    regulation of nuclear facilities and of use of nuclear energy as it has
    with respect to regulation of nonnuclear facilities and of use of
    nonnuclear energy. In addition to its legislative jurisdiction under the
    preceding provisions of this paragraph (and its general oversight
    functions under clause 2(b)(1)), such committee shall have the special
    oversight functions provided for in clause (3)(h) with respect to all
    laws, programs, and Government activities affecting nuclear and other
    energy, and nonmilitary nuclear energy and research and development
    including the disposal of nuclear waste.

          (16) Travel and tourism.

      The Committee dates from 1795 (IV, 4096). Effective January 3, 1975
    (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), the name of the
    Committee was changed from Interstate and Foreign Commerce to Commerce
    and Health. Effective January 14, 1975, it was redesignated as
    Interstate and Foreign Commerce (H. Res. 5, 94th Cong., p. 20). In the
    96th Congress it was redesignated again as Energy and Commerce and given
    much of its present jurisdiction, effective January 3, 1981 (H. Res.
    549, Mar. 25, 1980, pp. 6405-10; note publication of inter-committee
    memoranda of understanding). In the 104th Congress it was redesignated
    again as the Committee on Commerce (sec. 202(a), H. Res. 6, Jan. 4,
    1995, p. ----).

    [[Page 380]]
    Guard, life-saving service, lighthouses, lightships, ocean derelicts,
    Coast and Geodetic Survey, and the Panama Canal; and to vest
    jurisdiction over those subjects in the former Committee on Merchant
    Marine and Fisheries (VII, 1814, 1847), but with the demise of the
    latter Committee in the 104th Congress, the latter subjects now reside
    in the jurisdiction of the Committee on Transportation and
    Infrastructure, except that the Committee on National Security has
    jurisdiction over the Panama Canal (sec. 202(a), H. Res. 6, Jan. 4,
    1995, p. ----). In the 85th Congress matters relating to the Bureau of
    Standards, standardization of weights and measures, and the metric
    system (conferred on the Committee by the Legislative Reorganization Act
    of 1946, 60 Stat. 812), were transferred to the Committee on Science and
    Astronautics (now Science) (July 21, 1958, p. 14513). In the Committee
    Reform Amendments of 1974, effective January 3, 1975, the Committee
    obtained specific jurisdiction over consumer affairs and consumer
    protection (subpara. (2)), travel and tourism (subpara. (16)), health
    and health facilities, except health care supported by payroll
    deductions (subpara. (3)) (a matter formerly within the jurisdiction of
    the Committee on Ways and Means), and biomedical research and
    development (subpara. (1)), and relinquished jurisdiction over civil
    aeronautics to the Committee on Public Works and Transportation (now
    Transportation and Infrastructure), jurisdiction over civil aviation
    research and development, energy and environmental research and
    development, and the National Weather Service to the Committee on
    Science and Technology (now Science), and jurisdiction over trading with
    the enemy to the Committee on Foreign Affairs (now International
    Relations) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 95th
    Congress, when the legislative jurisdiction of the Joint Committee on
    Atomic Energy in the House was transferred to various standing
    committees, this Committee was given the same jurisdiction over nuclear
    energy as it had over non-nuclear energy and facilities by the addition
    of the penultimate sentence to this paragraph (H. Res. 5, Jan. 4, 1977,
    pp. 53-70). In the 96th Congress the Committee obtained specific
    jurisdiction over national energy policy generally (subpara. (11)),
    measures relating to exploration, production, storage, supply,
    marketing, pricing, and regulation of energy resources (subpara. (6)),
    measures relating to conservation of energy resources (subpara. (7)),
    measures relating to energy information generally (subpara. (8)),
    measures relating to the generation, marketing, interstate transmission
    of, and ratemaking for power as well as the siting of generation
    facilities, with certain exceptions (subpara. (9)), interstate energy
    compacts (subpara. (4)), and measures relating to general management of
    the Department of Energy and all functions of the Federal Energy
    Regulatory Commission (subpara. (10)) (H. Res. 549, Mar. 25, 1980, pp.
    6405-10). In the 104th Congress the Committee relinquished jurisdiction
    over inland waterways and railroads (including railroad labor,
    retirement, and unemployment) to the Committee on Transportation and
    Infrastructure, and jurisdiction over measures relating to the
    commercial application of energy technology to the Committee on

    [[Page 381]]
    Science, while obtaining exclusive jurisdiction over regulation of the
    domestic nuclear energy industry (subpara. (13)) from the former
    Committee on Natural Resources (now Resources) (sec. 202(a), H. Res. 6,
    Jan. 4, 1995, p. ----).
      In the 74th Congress the jurisdictional statement of the Committee was
    amended to include jurisdiction over bills relating to radio; to deprive
    the Committee jurisdiction over bills relating to water transportation,
    Coast

      The Committee has the special oversight responsibility under clause
    3(h) of rule X as well as the general oversight responsibility required
    by clause 2(b). This special oversight responsibility was expanded in
    the 96th Congress to include all energy, effective January 3, 1981 (H.
    Res. 549, Mar. 25, 1980, pp. 6405-10). In the 104th Congress it was
    again expanded to include nonmilitary nuclear energy and research and
    development including the disposal of nuclear waste (sec. 202(a), H.
    Res. 6, Jan. 4, 1995, p. ----), though a conforming change in clause
    3(h) was inadvertently omitted.

      The Committee formerly reported the river and harbor appropriation
    bill, but in 1883 a Committee on Rivers and Harbors was created for that
    role (IV, 4096), and since the 66th Congress such appropriations have
    been reported by the Committee on Appropriations.

      The Committee has general jurisdiction of bills affecting domestic and
    foreign commerce, except such as may affect the revenue (IV, 4097). It
    also has jurisdiction of bills authorizing the construction of marine
    hospitals and the acquisition of sites therefor (IV, 4110; VII, 1816),
    the general subjects of quarantine and the establishment of quarantine
    stations (IV, 4109), health, spread of leprosy and other contagious
    diseases, international congress of hygiene, etc. (IV, 4111), bills
    declaring as to whether or not streams are navigable and for preventing
    or regulating hindrances to navigation (IV, 4101; VII, 1810), such as
    bridges (IV, 4099; VII, 1812) and dams, except such bridges and dams as
    are a part of river improvements (IV, 4100; VII, 1810). This Committee
    formerly had jurisdiction of bills proposing construction of bridges
    across navigable streams which are now banned (Sec. 852; see also
    General Bridge Act, 33 U.S.C. 525, 533).

    [[Page 382]]
    Games in Alaska (June 7, 1972, p. 19935). The Committee has exercised
    jurisdiction, with the Committee on Banking, Finance and Urban Affairs
    (now Banking and Financial Services), over a bill to amend the Federal
    Reserve Act to impose reserve requirements on the assets of ``open-end
    investment companies'' that offer their depositors accounts transacted
    by negotiable instrument (Mar. 18, 1981, p. 4610), as well as over a
    Developmental Disabilities Assistance and Bill of Rights Act that
    focused on health matters rather than job training (June 1, 1981, p.
    11028, Nov. 3, 1993, p. ----). In the 94th Congress, the Committee
    gained jurisdiction over bills amending the Lead-Based Paint Poisoning
    Prevention Act and bills dealing with nursing home construction as
    public health matters (June 10, 1975, p. 18009).

      Before the 104th Congress the Committee considered bills regulating
    railroads in their interstate commerce relations (IV, 414) and exercised
    jurisdiction with the Committees on Education and Labor (now Economic
    and Educational Opportunities) and Public Works and Transportation (now
    Transportation and Infrastructure) over bills providing labor
    protections to workers in the transportation industry, including
    railroad employees (Feb. 24, 1993, p. ----). The Committee considers
    bills relating to commercial travelers as agents of interstate commerce
    and the branding of articles going into such commerce (IV, 4115), the
    prevention of the carriage of indecent and harmful pictures or
    literature (IV, 4116), the adulteration and misbranding of foods and
    drugs (IV, 4112), and protection of game through prohibition of
    interstate transportation (IV, 4117). The Committee has jurisdiction
    over bills imposing safety standards on motor vehicles purchased by the
    U.S. Government (Feb. 16, 1959, p. 2420), bills creating civil remedies
    for false advertising or other violations of commercial ethics (June 4,
    1962, p. 9601), and bills to assist financing of the Arctic Winter

      (f) Committee on Economic and Educational Opportunities.

          (1) Child labor.

    Sec. 675. Economic and Educational Opportunities.

            (2)
    Columbia Institution for the Deaf, Dumb, and Blind; Howard University;
    Freedmen's Hospital.

          (3) Convict labor and the entry of goods made by convicts into
    interstate commerce.

          (4) Food programs for children in schools.

          (5) Labor standards and statistics.

          (6) Measures relating to education or labor generally.

          (7) Mediation and arbitration of labor disputes.

          (8) Regulation or prevention of importation of foreign laborers
    under contract.

          (9) United States Employees' Compensation Commission.

          (10) Vocational rehabilitation.

          (11) Wages and hours of labor.

          (12) Welfare of miners.

    In addition to its legislative jurisdiction under the preceding
    provisions of this paragraph (and

    [[Page 383]]
    its general oversight function under clause 2(b)(1)), the committee
    shall have the special oversight function provided for in clause 3(c)
    with respect to domestic educational programs and institutions, and
    programs of student assistance, which are within the jurisdiction of
    other committees.

          (13) Work incentive programs.

      This Committee was established as the Committee on Education and Labor
    on January 2, 1947, as part of the Legislative Reorganization Act of
    1946 (60 Stat. 812), combining the Committee on Education (created in
    1867, IV, 4242) and the Committee on Labor (created in 1883, IV, 4244).
    When it was redesignated as the Committee on Economic and Educational
    Opportunities in the 104th Congress, the jurisdictional statement
    remained unchanged except by the combination of labor standards and
    labor statistics in a single subparagraph (5) (sec. 202(a), H. Res. 6,
    Jan. 4, 1995, p. ----).

      By the Committee Reform Amendments of 1974, effective January 3, 1975,
    the Committee gained jurisdiction over food programs for children in
    schools, an expansion of earlier jurisdiction over school-lunch programs
    (subpara. (4)), work incentive programs (subpara. (13)), and Indian
    education, a matter formerly within the specific jurisdiction of the
    Committee on Interior and Insular Affairs (now Resources); jurisdiction
    of the Committee over international education matters was specifically
    transferred to the Committee on Foreign Affairs (now International
    Relations); and its special oversight function was inserted in clause
    3(c) of rule X (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470).

      The Columbia Institute for the Deaf, Dumb, and Blind was renamed
    ``Gallaudet College'' (68 Stat. 265), and Freedmen's Hospital is now a
    part of Howard University. The jurisdiction of this Committee over
    education and vocational rehabilitation does not include those subjects
    as they relate to veterans, which fall under the jurisdiction of the
    Committee on Veterans' Affairs.

    [[Page 384]]

      The Committee has jurisdiction over bills dealing with juvenile
    delinquency (Jan. 22, 1959, p. 1027), runaway youth (July 12, 1973, p.
    23633; Sept. 10, 1973, p. 28970), human services programs administered
    by HEW (June 21, 1972, p. 21733), education of Indians (Apr. 15, 1975,
    p. 10247; June 10, 1991, p. ----), and compensation for work injuries to
    Federal employees (Apr. 16, 1975, p. 10339); over bills amending the
    Community Services Block Grant Act to continue anti-poverty programs
    originally authorized by the Economic Opportunity Act of 1964 (Nov. 4,
    1993, p. ----); and over an executive communication proposing draft
    legislation to amend the Labor Management Relations Act and the Employee
    Retirement Income Security Act (Mar. 24, 1983, p. 7402).

      (g) Committee on Government Reform and Oversight.

    Sec. 676. Government Reform and Oversight.

          (1)  The
    Federal Civil Service, including intergovernmental personnel; the status
    of officers and employees of the United States, including their
    compensation, classification, and retirement.

          (2) Measures relating to the municipal affairs of the District of
    Columbia in general, other than appropriations.

          (3) Federal paperwork reduction.

          (4) Budget and accounting measures, generally.

          (5) Holidays and celebrations.

          (6) The overall economy, efficiency and management of government
    operations and activities, including Federal procurement.

          (7) National archives.

          (8) Population and demography generally, including the Census.

          (9) Postal service generally, including the transportation of the
    mails.

          (10) Public information and records.

          (11) Relationship of the Federal Government to the States and
    municipalities generally.

    In addition to its legislative jurisdiction under the preceding
    provisions of this paragraph (and its oversight functions under clause
    2(b)(1) and (2)), the committee shall have the function of performing
    the duties and conducting the studies which are provided for in clause
    4(c).

    [[Page 385]]

          (12) Reorganizations in the executive branch of the Government.

      In the 82d Congress the name of this Committee was changed from
    Expenditures in the Executive Departments to Government Operations (July
    3, 1952, p. 9217). In the 104th Congress it was again changed to
    Government Reform and Oversight (sec. 202(a), H. Res. 6, Jan. 4, 1995,
    p. ----). The former Committee on Expenditures in the Executive
    Departments was established December 5, 1927 (VII, 2041), and took the
    place of 11 separate committees on expenditures in the several executive
    departments. The first of these committees was established in 1816, and
    others were added as new departments were created (IV, 4315). They
    reported bills relating to the efficiency and integrity of the public
    service (IV, 4320), and creation and abolition of offices (IV, 4318).

      In addition to the jurisdiction vested in the Committee by the
    Legislative Reorganization Act of 1946 (60 Stat. 812), the Committee
    Reform Amendments of 1974, effective January 3, 1975, assigned the
    Committee jurisdiction over measures relating to the overall economy and
    efficiency of Government operations and activities, including Federal
    procurement, intergovernmental relationships, and general revenue
    sharing (the latter from the Committee on Ways and Means), and the
    National archives (from the former Committee on Post Office and Civil
    Service) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 104th
    Congress (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. ----), the Committee
    assumed the jurisdictions of the former Committee on the District of
    Columbia (subpara. (2)), and the former Committee on Post Office and
    Civil Service except that relating to the Franking Commission (subparas.
    (1), (5), (8), and (9)), while relinquishing to the Committee on the
    Budget jurisdiction over measures relating to off-budget treatment of
    agencies or programs, which had been added by the Balanced Budget and
    Emergency Deficit Control Act of 1985 (P.L. 99-177, Dec. 12, 1985), and
    over measures relating to exemptions from executive orders sequestering
    budget authority, which had been added by the Budget Enforcement Act of
    1990 (tit. XIII, P.L. 101-508, Nov. 5, 1990). At the same time
    subparagraphs (3) and (10) were added to clarify existing jurisdiction.
    The 104th Congress also assigned the Committee its responsibilities to
    coordinate committee oversight plans under clause 2(d)(3) and to
    consider and report recommendations concerning alternatives to
    commemorative legislation (secs. 203(a) and 216(b), H. Res. 6, Jan. 4,
    1995, p. ----).

    [[Page 386]]
    cy by instituting a separation pay program to encourage eligible
    employees to voluntarily resign or retire (Aug. 2, 1993, p. ----).
      The Committee has exercised jurisdiction of bills establishing the
    Rural Electrification Administration as an independent agency and
    transferring certain functions thereto (Mar. 19, 1959, p. 4692),
    establishing a Commission on Population Growth (Sept. 23, 1969, p.
    26568), establishing a Cabinet Committee on Opportunities for Spanish-
    Speaking Americans (Nov. 24, 1969, p. 35509), and bills providing
    payment of travel costs for Federal employment applicants (Feb. 15,
    1967, p. 3466). The Committee has exercised jurisdiction over
    countercyclical programs of revenue-sharing grants to State and local
    governments, such as that contained in Title II of the Public Works
    Employment Act of 1976 (Feb. 1, 1977, p. 3057). The Committee shares
    jurisdiction over a bill to facilitate the reorganization of an agen

      The specific subpoena authority conferred upon the Committee in the
    standing rules on February 10, 1947 (p. 942) was been superseded by the
    general conferral of subpoena authority on all committees in clause 2(m)
    of rule XI. By the Committee Reform Amendments of 1974, effective
    January 3, 1975, the Committee was given the general function under
    clause 4(c)(1) of examining and reporting upon reports of the
    Comptroller General, evaluating laws reorganizing the legislative and
    executive branches, and studying intergovernmental relationships
    domestically and with international organizations to which the United
    States belongs (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470).

      (h) Committee on House Oversight.

    Sec. 677a. House Oversight.

          (1)  Appropriations from
    accounts for committee salaries and expenses (except for the Committee
    on Appropriations), House Information Systems, and allowances and
    expenses of Members, House officers and administrative offices of the
    House.

          (2) Auditing and settling of all accounts described in
    subparagraph (1).

          (3) Employment of persons by the House, including clerks for
    Members and committees, and reporters of debates.

          (4) Except as provided in clause 1(q)(11), matters relating to the
    Library of Congress and the House Library; statuary and pictures;
    acceptance or purchase of works of art for the Capitol; the Botanic
    Gardens; management of the Library of Congress; purchase of books and
    manuscripts.

    [[Page 387]]

          (5) Except as provided in clause 1(q)(11), matters relating to the
    Smithsonian Institution and the incorporation of similar institutions.

          (6) Expenditure of accounts described in subparagraph (1).

          (7) Franking Commission.

          (8) Matters relating to printing and correction of the
    Congressional Record.

          (9) Measures relating to accounts of the House generally.

          (10) Measures relating to assignment of office space for Members
    and committees.

          (11) Measures relating to the disposition of useless executive
    papers.

          (12) Measures relating to the election of the President, Vice
    President, or Members of Congress; corrupt practices; contested
    elections; credentials and qualifications; and Federal elections
    generally.

          (13) Measures relating to services to the House, including the
    House Restaurant, parking facilities and administration of the House
    office buildings and of the House wing of the Capitol.

          (14) Measures relating to the travel of Members of the House.

          (15) Measures relating to the raising, reporting and use of
    campaign contributions for candidates for office of Representative in
    the House of Representatives, of Delegate, and of Resident Commissioner
    to the United States from Puerto Rico.

    [[Page 388]]

    In addition to its legislative jurisdiction under the preceding
    provisions of this paragraph (and its general oversight function under
    clause 2(b)(1)), the committee shall have the function of performing the
    duties which are provided for in clause 4(d).

          (16) Measures relating to the compensation, retirement and other
    benefits of the Members, officers, and employees of the Congress.

      This Committee was created as the Committee on House Administration on
    January 2, 1947, as a part of the Legislative Reorganization Act of 1946
    (60 Stat. 812), combining the Committees on Accounts (created in 1803,
    IV, 4328), Enrolled Bills (created in 1789, IV, 4350), Disposition of
    Executive Papers (created in 1889, IV, 4419), Printing (created in
    1846), Elections (created in 1794 and divided into three committees in
    1895, IV, 4019), Election of President, Vice President, and
    Representatives in Congress (created in 1893, IV, 4299), and Memorials
    (created January 3, 1929, VII, 2080).

      The Committee was redesignated as the Committee on House Oversight in
    the 104th Congress, obtaining from the former Committee on Post Office
    and Civil Service jurisdiction over the Franking Commission (also known
    as the House Commission on Congressional Mailing Standards) in
    subparagraph (7), while relinquishing to the Committee on Resources
    jurisdiction over erection of monuments to the memory of individuals
    (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. ----). References in
    subparagraphs (1) and (2) to the ``contingent fund'' were eliminated
    without changing the Committee's jurisdiction over the accounts that the
    fund comprised.

    Sec. 677b. House facilities.

      The  Committee has jurisdiction
    over measures relating to the House Restaurant, which was first under
    the jurisdiction of the former Committee on Accounts, then under the
    supervision of the Architect of the Capitol (H. Res. 590, 76th Cong.,
    Sept. 5, 1940, p. 11552, as made permanent law by P.L. 76-812, 40 U.S.C.
    174k), and then under the supervision of the Select Committee on the
    House Restaurant (H. Res. 472, 91st Cong., July 10, 1969, p. 19080; H.
    Res. 111, 93d Cong., Feb. 7, 1973), which was not re-established after
    the 93d Congress.

    [[Page 389]]

      By the Committee Reform Amendments of 1974, effective January 3, 1975,
    the Committee obtained jurisdiction over parking facilities of the
    House, a matter formerly assigned to a select committee (subpara. (13))
    (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 94th Congress
    the Committee was given jurisdiction over campaign contributions to
    candidates for the House, a matter formerly within the jurisdiction of
    the Committee on Standards of Official Conduct (subpara. (15)), and over
    compensation, retirement, and other benefits of Members, officers, and
    employees of Congress (subpara. (16)) (H. Res. 5, Jan. 14, 1975, p. 20).

      The Committee has jurisdiction over resolutions authorizing committees
    to employ additional professional and clerical personnel (Feb. 7, 1966,
    p. 2373). The Committee has supervisory authority over the House barber
    shops, beauty shops, House Information Systems, and the Office of
    Placement and Management (the latter formerly within the jurisdiction of
    the former Joint Committee on Congressional Operations and of the former
    Select Committee on Congressional Operations).

    Sec. 677c. Enrolled bills.

      The  Committee has absorbed the
    Committee on Enrolled Bills which was established in 1789 by a joint
    rule of the two Houses. This rule lapsed in 1876 with the other joint
    rules; but in 1880 the rules of the House were amended to recognize the
    joint committee (IV, 4350, 4416; VII, 2099). The Committee and the
    Secretary of the Senate make comparisons of bills of their respective
    Houses for enrollment, and the two cooperate in the interchange of bills
    for signature.

    Sec. 677d. Library.

      Under  the Reorganization Act the
    Committee has jurisdiction of some of the subjects formerly within the
    jurisdiction of the Joint Committee on the Library, such as matters
    relating to the Library of Congress and the House Library, statuary and
    pictures, acceptance or purchase of works of art for the Capitol, the
    Botanic Gardens, management of the Library of Congress, purchase of
    books and manuscripts, matters relating to the Smithsonian Institution,
    and the incorporation of similar institutions. Excepted are measures
    relating to the construction or reconstruction, maintenance, and care of
    the buildings and grounds of the Botanic Gardens, the Library of
    Congress, and the Smithsonian Institution, which fall under the
    jurisdiction of the Committee on Transportation (now Transportation and
    Infrastructure). The House Members of the Joint Committee on the
    Library, provided for by law (2 U.S.C. 132b), are elected by resolution
    each Congress.

    Sec. 677e. Congressional Record.

      The  Committee has
    jurisdiction of matters relating to printing and correction of the
    Congressional Record, formerly within the jurisdiction of the Committee
    on Printing. The House Members of the Joint Committee on Printing,
    provided for by law (44 U.S.C. 1), are elected by resolution each
    Congress.

      The Committee has jurisdiction of measures relating to the election of
    the President, Vice President, or Members of Congress; corrupt
    practices; contested elections; credentials and qualifications; Federal
    elections generally, and the Electoral count, which formerly was within
    the jurisdiction of a Committee on Election of the President, Vice
    President, and Representatives in Congress (IV, 4303).

    [[Page 390]]
    Inspector General (sec. 201(e), H. Res. 6, Jan. 4, 1995, p. ----; see
    rules III, IV, V, and VI and Sec. 697c, infra).

      The special oversight function in clause 4(d)(1) of examining enrolled
    bills was assigned to the Committee by the Committee Reform amendments
    of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470), but its former responsibility to report on Members'
    travel has been supplanted by the function of providing policy direction
    to and oversight of the Clerk, Sergeant-at-Arms, Chief Administrative
    Officer, and

      (i) Committee on International Relations.

    Sec. 678. International Relations.

          (1)  Relations of the
    United States with foreign nations generally.

          (2) Acquisition of land and buildings for embassies and legations
    in foreign countries.

          (3) Establishment of boundary lines between the United States and
    foreign nations.

          (4) Export controls, including nonproliferation of nuclear
    technology and nuclear hardware.

          (5) Foreign loans.

          (6) International commodity agreements (other than those involving
    sugar), including all agreements for cooperation in the export of
    nuclear technology and nuclear hardware.

          (7) International conferences and congresses.

          (8) International education.

          (9) Intervention abroad and declarations of war.

          (10) Measures relating to the diplomatic service.

          (11) Measures to foster commercial intercourse with foreign
    nations and to safeguard American business interests abroad.

          (12) Measures relating to international economic policy.

          (13) Neutrality.

          (14) Protection of American citizens abroad and expatriation.

          (15) The American National Red Cross.

    [[Page 391]]

          (16) Trading with the enemy.

    In addition to its legislative jurisdiction under the preceding
    provisions of this paragraph (and its general oversight function under
    clause 2(b)(1)), the committee shall have the special oversight
    functions provided for in clause 3(d) with respect to customs
    administration, intelligence activities relating to foreign policy,
    international financial and monetary organizations, and international
    fishing agreements.

          (17) United Nations organizations.

      This Committee was established in 1822 (IV, 4162), and from 1885 to
    1920 had authority to report appropriations. In the 94th Congress the
    name of the Committee was changed from Foreign Affairs to International
    Relations (H. Res. 163, Mar. 19, 1975, p. 7343). In the 96th Congress it
    was changed back to Foreign Affairs (H. Res. 89, Feb. 5, 1979, pp. 1848-
    49). In the 104th Congress the name was again changed to International
    Relations (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. ----).

      In addition to the jurisdiction vested in the Committee by the
    Legislative Reorganization Act of 1946 (60 Stat. 812), the Committee
    Reform Amendments of 1974, effective January 3, 1975, gave the Committee
    jurisdiction over measures relating to: international economic policy
    (subpara. (12)) and export controls (subpara. (4)), matters formerly
    within the jurisdiction of the Committee on Banking and Currency (now
    Banking and Financial Services); international commodity agreements
    other than sugar (subpara. (6)), formerly within the jurisdiction of the
    Committee on Agriculture; trading with the enemy (subpara. (16)),
    formerly within the jurisdiction of the Committee on Interstate and
    Foreign Commerce (now Commerce); and international education (subpara.
    (8)); while transferring jurisdiction over international financial and
    monetary organizations to the Committee on Banking and Currency (now
    Banking and Financial Services), and jurisdiction over international
    fishing agreements to the Committee on Merchant Marine and Fisheries
    (now Resources) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). When
    the legislative jurisdiction in the House of the Joint Committee on
    Atomic Energy was abolished in the 95th Congress (H. Res. 5, Jan. 4,
    1977, pp. 53-70), the Committee was given jurisdiction over
    nonproliferation of nuclear technology and hardware (subpara. (4)), and
    over international agreements on nuclear exports (subpara. (6)).

    [[Page 392]]
    waters (IV, 4166; see also the ``General Bridge Act,'' 33 U.S.C. 525,
    533), for the protection of American citizens abroad and expatriation
    (IV, 4169; VII, 1883), for extradition with foreign nations, for
    international arbitration, relating to violations of neutrality (IV,
    4178a), international conferences and congresses (IV, 4177; VII, 1884),
    the incorporation of the American National Red Cross and protection of
    its insignia (IV, 4173), intervention abroad and declarations of war
    (IV, 4164; VII 1880), affairs of the consular service, including
    acquisition of land and buildings for legations in foreign capitals (IV,
    4163; VII, 1879), creation of courts of the United States in foreign
    countries (IV, 4167), treaty regulations as to protection of fur seals
    (IV, 4170), matters relating to the Philippines (see 60 Stat. 315), and
    measures establishing a District of Columbia corporation to support
    private American organizations engaged in communications with foreign
    nations (June 21, 1971, p. 21062).
      It has a broad jurisdiction over foreign relations, including bills to
    establish boundary lines between the United States and foreign nations,
    to determine naval strengths, and to regulate bridges and dams on
    international

      The Committee has also considered measures for fostering commercial
    intercourse with foreign nations and for safeguarding American business
    interests abroad (IV, 4175), and even the subjects of commercial
    treaties and reciprocal arrangements (IV, 4174), although in later
    practice the Committee on Ways and Means has considered such matters
    (IV, 4021). The Committee has exercised a general but not exclusive
    jurisdiction over legislation relating to claims having international
    relations (IV, 4168; VII, 1882). Pursuant to its jurisdiction over
    international education, the Committee (and not former Committee on
    Education and Labor) has exercised jurisdiction over bills establishing
    scholarship programs for foreign students (May 10, 1988, p. 10305). The
    Committee has jurisdiction over a communication from the President
    notifying the House, consistent with the War Powers Resolution, of the
    deployment abroad of U.S. armed forces to participate in an embargo
    against another nation (Nov. 4, 1993, p. ----).

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

      (j) Committee on the Judiciary.

    Sec. 679a. Judiciary.

          (1)   The judiciary and judicial
    proceedings, civil and criminal.

          (2) Administrative practice and procedure.

          (3) Apportionment of Representatives.

          (4) Bankruptcy, mutiny, espionage, and counterfeiting.

          (5) Civil liberties.

          (6) Constitutional amendments.

    [[Page 393]]

          (7) Federal courts and judges, and local courts in the Territories
    and possessions.

          (8) Immigration and naturalization.

          (9) Interstate compacts, generally.

          (10) Measures relating to claims against the United States.

          (11) Meetings of Congress, attendance of Members and their
    acceptance of incompatible offices.

          (12) National penitentiaries.

          (13) Patents, the Patent Office, copyrights, and trademarks.

          (14) Presidential succession.

          (15) Protection of trade and commerce against unlawful restraints
    and monopolies.

          (16) Revision and codification of the Statutes of the United
    States.

          (17) State and territorial boundaries.

    Sec. 679b. Internal Security.

          (18)   Subversive
    activities affecting the internal security of the United States.

    [[Page 394]]
    H. Res. 6, Jan. 4, 1995, p. ----). The 104th Congress also inserted
    ``the judiciary'' in subparagraph (1); added subparagraph (2) for
    clarification; combined former subparagraphs (6) and (9) in a new
    subparagraph (7); and combined former subparagraphs (13) and (14) in a
    new subparagraph (13) (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. ----).
      This Committee dates from 1813 (IV, 4054). The essential jurisdiction
    defined in the rule was made effective January 2, 1947, as a part of the
    Legislative Reorganization Act of 1946 (60 Stat. 812), and combined the
    Committees on Revision of Laws (created 1868, IV, 4293), Patents
    (created in 1837, IV, 4254), Immigration and Naturalization (created in
    1893, IV, 4309), Claims (created in 1794, IV, 4262), and War Claims
    (created in 1883, IV, 4269). By the Committee Reform Amendments of 1974,
    effective January 3, 1975, the Committee's jurisdiction over holidays
    and celebrations was transferred to the former Committee on Post Office
    and Civil Service (now under the Committee on Government Reform and
    Oversight) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the 94th
    Congress the Committee on Internal Security was abolished and
    jurisdiction over communist and other subversive activities affecting
    the internal security of the United States was transferred to this
    Committee (subpara. (18)) (H. Res. 5, Jan. 14, 1975, p. 20), though an
    accompanying provision for the transfer of records and staff of the
    Internal Security Committee to the Judiciary Committee was deleted as
    obsolete in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), and
    the specific reference to communism was deleted as unnecessary in the
    104th Congress (sec. 202(a),

      Under subparagraph (14) the Committee has jurisdiction over
    Presidential nominations to fill vacancies in the office of Vice
    President, submitted pursuant to the 25th amendment to the Constitution
    (Oct. 13, 1973, p. 34032; Aug. 20, 1974, p. 29366). The Committee has
    reported Articles of Impeachment of the President (Aug. 20, 1974, pp.
    29219-81). Where the House has voted impeachment, members of the
    Committee have been appointed as managers on the part of the House in
    presenting the charges to the Senate for trial (H. Res. 501, 99th Cong.,
    July 22, 1986, p. 17306; H. Res. 511, 100th Cong., Aug. 3, 1988, p.
    20223; H. Res. 12, 101st Cong., Jan. 3, 1989, p. 84).

      The Committee on the Judiciary considers charges against judges of the
    Federal courts (IV, 4062), legislative propositions relating to the
    service of the Department of Justice (IV, 4067), bills relating to local
    courts in the District of Columbia, Alaska, and the Territories (IV,
    4068), the establishment of a court of patent appeals (IV, 4075),
    relations of labor to courts and corporations (IV, 4072), crimes,
    penalties, extradition (IV, 4069; VII, 1747), construction and
    management of national penitentiaries (IV, 4070), matters relating to
    trusts and corporations (IV, 4057, 4059, 4060; VII, 1764), claims of
    States against the United States (IV, 4080), general legislation
    relating to international and other claims (IV, 4078, 4079, 4081),
    including measures extending the terms of members of the Foreign Claims
    Settlement Commission (Nov. 14, 1991, p. ----), bills relating to the
    office of President (IV, 4077), to the flag (IV, 4055), bankruptcy (IV,
    4065), removal of political disabilities (IV, 4058), prohibition of
    traffic in intoxicating liquors (IV, 4061; VII, 1773), mutiny and
    willful destruction of vessels (IV, 4145), counterfeiting (IV, 4071;
    VII, 1753), settlement of State and Territorial boundary lines (IV,
    4060; VII, 1768), meeting of Congress and attendance of Members and
    their acceptance of incompatible offices (IV, 4077, VI, 65).

      The Committee also has jurisdiction over joint resolutions proposing
    amendments to the Constitution (IV, 4056; VII, 1779). It also reports on
    important questions of law relating to subjects naturally within the
    jurisdiction of other committees (IV, 4063).

    [[Page 395]]
    to consent to a modification of a certain trust on behalf of the
    Library of Congress (Aug. 17, 1959, p. 16051), amending an omnibus
    pension act to increase the amount of pension granted a certain class of
    persons (Feb. 15, 1960, p. 2523), and imposing criminal sanctions under
    the Controlled Substances Act (Nov. 14, 1983, p. 32457). The Committee
    has exclusive jurisdiction over the Legal Services Corporation (Nov. 19,
    1975, p. 37288) and over the extension of workmen's benefits to non-
    Federal policemen and firemen (Dec. 12, 1975, p. 40204). The Committee
    has exercised jurisdiction, with the Committee on Education and Labor
    (now Economic and Educational Opportunities), over bills to amend the
    Walsh-Healey Act regarding hours of work under government contracts (May
    15, 1985, p. 11946). This Committee, and not the Committee on Public
    Works and Transportation (now Transportation and Infrastructure),
    exercised jurisdiction over a bill extending the authority for the
    Marshal of the Supreme Court and the Supreme Court Police to protect the
    Chief Justice, Associate Justices, officers, and employees of the
    Supreme Court beyond its building and grounds (Nov. 22, 1993, p. ----).
      The Committee also has jurisdiction over bills regulating the
    authority of States to impose taxes on interstate commerce (June 18,
    1959, p. 11317), imposing conflict of interest standards and civil and
    criminal penalties relating thereto on government employees (Feb. 25,
    1960, p. 3484), establishing an Academy of Criminal Justice (Apr. 5,
    1965, p. 6822), to eliminate racketeering in the interstate sale of
    cigarettes (Feb. 9, 1972, p. 3429), providing workmen's compensation for
    non-Federal firemen killed during civil disorder (May 6, 1968, p.
    11798), authorizing the Attorney General

      The Committee has the general oversight responsibility set forth in
    clause 2(b).

      (k) Committee on National Security.

    Sec. 680. National Security.

          (1)  Ammunition depots;
    forts; arsenals; Army, Navy, and Air Force reservations and
    establishments.

          (2) Common defense generally.

          (3) Conservation, development, and use of naval petroleum and oil
    shale reserves.

          (4) The Department of Defense generally, including the Departments
    of the Army, Navy, and Air Force generally.

          (5) Interoceanic canals generally, including measures relating to
    the maintenance, operation, and administration of interoceanic canals.

          (6) Merchant Marine Academy, and State Maritime Academies.

          (7) Military applications of nuclear energy.

    [[Page 396]]

          (8) Tactical intelligence and intelligence related activities of
    the Department of the Defense.

          (9) National security aspects of merchant marine, including
    financial assistance for the construction and operation of vessels, the
    maintenance of the U.S. shipbuilding and ship repair industrial base,
    cabotage, cargo preference and merchant marine officers and seamen as
    these matters relate to the national security.

          (10) Pay, promotion, retirement, and other benefits and privileges
    of members of the armed forces.

          (11) Scientific research and development in support of the armed
    services.

          (12) Selective service.

          (13) Size and composition of the Army, Navy, Marine Corps, and Air
    Force.

          (14) Soldiers' and sailors' homes.

    In addition to its legislative jurisdiction under the preceding
    provisions of this paragraph (and its general oversight function under
    clause 2(b)(1)), the committee shall have the special oversight function
    provided for in clause 3(a) with respect to international arms control
    and disarmament, and military dependents education.

          (15) Strategic and critical materials necessary for the common
    defense.

    [[Page 397]]
    appropriations from 1885 to 1920 (IV, 4179, 4189; VII, 1741). The
    Committee was redesignated the Committee on National Security in the
    104th Congress (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. ----).
      This Committee was established January 2, 1947, as a part of the
    Legislative Reorganization Act of 1946 (60 Stat. 812), combining the
    Committee on Military Affairs with the Committee on Naval Affairs, both
    of which had been created in 1822 (IV, 4179, 4189) and had had
    jurisdiction over

      Much of the present legislative jurisdiction in this paragraph was
    adopted on January 3, 1953 (p. 17), to reflect jurisdiction over the
    Department of Defense, which was created in the National Security Act of
    1947 (61 Stat. 495). In the 95th Congress, when the Joint Committee on
    Atomic Energy was abolished, this Committee gained jurisdiction over
    military applications of nuclear energy (H. Res. 5, Jan. 4, 1977, p. --
    --). The special oversight function of the Committee in clause 3(a) and
    the general oversight function in clause 2(b)(1) were assigned by the
    Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470). The 104th Congress added
    subparagraph (8) for clarification and subparagraphs (5), (6), and (9)
    to reflect the transfer of those matters from the former Committee on
    Merchant Marine and Fisheries (sec. 202(a), H. Res. 6, Jan. 4, 1995, p.
    ----).

      The Committee has jurisdiction over bills relating to military housing
    construction (Apr. 18, 1967, p. 9981; Feb. 21, 1962, p. 2684), amending
    title 10 of the United States Code to permit suits against the United
    States for damage to reputation of members of Armed Forces acquitted of
    charges of crimes against civilians in combat zones (July 15, 1970, p.
    24451), for construction of facilities at Walter Reed Medical Center
    (Oct. 3, 1966, p. 24859), to require military commissary, post exchange
    and medical care privileges for veterans with sufficient service-
    connected disabilities (Feb. 3, 1976, p. 1972), over private bills
    conferring the Congressional Medal of Honor on individuals (Feb. 22,
    1982, p. 1812), and over a bill, or provision thereof, authorizing
    appropriations to the Department of Energy for resource applications for
    naval petroleum and oil shale reserves (May 1, 1978, p. 11946).

      The Committee exercised jurisdiction with the Committee on Interior
    and Insular Affairs (now Resources) over a resolution expressing the
    sense of Congress regarding continued operation of the Hanford Nuclear
    Reactor to produce power for the Bonneville Power Administration (July
    17, 1986, p. 16888).

      (l) Committee on Resources.

    Sec. 681. Resources.

          (1)  Fisheries and wildlife,
    including research, restoration, refuges, and conservation.

    [[Page 398]]

          (2) Forest reserves and national parks created from the public
    domain.

          (3) Forfeiture of land grants and alien ownership, including alien
    ownership of mineral lands.

          (4) Geological Survey.

          (5) International fishing agreements.

          (6) Interstate compacts relating to apportionment of waters for
    irrigation purposes.

          (7) Irrigation and reclamation, including water supply for
    reclamation projects, and easements of public lands for irrigation
    projects, and acquisition of private lands when necessary to complete
    irrigation projects.

          (8) Measures relating to the care and management of Indians,
    including the care and allotment of Indian lands and general and special
    measures relating to claims which are paid out of Indian funds.

          (9) Measures relating generally to the insular possessions of the
    United States, except those affecting the revenue and appropriations.

          (10) Military parks and battlefields, national cemeteries
    administered by the Secretary of the Interior, parks within the District
    of Columbia, and the erection of monuments to the memory of individuals.

          (11) Mineral land laws and claims and entries thereunder.

          (12) Mineral resources of the public lands.

          (13) Mining interests generally.

          (14) Mining schools and experimental stations.

    [[Page 399]]

          (15) Marine affairs (including coastal zone management), except
    for measures relating to oil and other pollution of navigable waters.

          (16) Oceanography.

          (17) Petroleum conservation on the public lands and conservation
    of the radium supply in the United States.

          (18) Preservation of prehistoric ruins and objects of interest on
    the public domain.

          (19) Public lands generally, including entry, easements, and
    grazing thereon.

          (20) Relations of the United States with the Indians and the
    Indian tribes.

    In addition to its legislative jurisdiction under the preceding
    provisions of this paragraph (and its general oversight function under
    clause 2(b)(1)), the committee shall have the special oversight
    functions provided for in clause 3(e) with respect to all programs
    affecting Indians.

          (21) Trans-Alaska Oil Pipeline (except ratemaking).

      The Committee on Public Lands was created in 1805 (IV, 4194). Its name
    has since been changed to Interior and Insular Affairs (Feb. 2, 1951, p.
    883); to Natural Resources (H. Res. 5, Jan. 5, 1993, p. ----); and to
    Resources (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. ----).

    [[Page 400]]
    risdiction over cemeteries of the United States in which veterans may
    be buried, except those administered by the Secretary of the Interior,
    was transferred to the Committee on Veterans' Affairs in the 90th
    Congress (H. Res. 241, Oct. 20, 1967).
      The core of the jurisdiction reflected in this paragraph was assigned
    to the Committee effective January 2, 1947, as a part of the Legislative
    Reorganization Act of 1946 (60 Stat. 812), which consolidated in this
    Committee the jurisdictions of the former Committees on Mines and Mining
    (created in 1865, IV, 4223), Insular Affairs (created in 1899, IV,
    4213), Irrigation and Reclamation (created in 1893, IV, 4307), Indian
    Affairs (created in 1821, IV, 4204), and Territories (created in 1825,
    IV, 4208), though vesting the subject of welfare of men working in
    mines, formerly under the jurisdiction of a Committee on Mines and
    Mining, in the Committee on Education and Labor (now Economic and
    Educational Opportunities). Until the Reorganization Act, military
    parks, battlefields, and national cemeteries were under jurisdiction of
    a Committee on Military Affairs. Ju

      In Committee Reform Amendments of 1974, effective January 3, 1975, the
    Committee gained jurisdiction over parks within the District of
    Columbia, formerly within the jurisdiction of the Committee on Public
    Works and Transportation, now Transportation and Infrastructure
    (subpara. (10)), and lost specific jurisdiction over Indian education
    and over Hawaii and Alaska, generally (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470). By that same resolution, the Committee was given
    special oversight functions in clause 3(e).

      The 104th Congress expanded the jurisdiction of the Committee by:
    adding subparagraphs (1), (5), (15), and (16) to reflect the transfer of
    those matters from the former Committee on Merchant Marine and
    Fisheries; inserting the subject of monuments in memory of individuals
    in subparagraph (10) to reflect the transfer of that matter from the
    Committee on House Administration (now House Oversight); adding
    subparagraph (21), an exceptional treatment of pipeline jurisdiction
    otherwise vested in the Committee on Transportation and Infrastructure;
    and deleting the subject of regulation of the domestic nuclear energy
    industry to reflect the transfer of that jurisdiction, which this
    Committee had acquired when the 95th Congress abolished the Joint
    Committee on Atomic Energy (H. Res. 5, Jan. 4, 1977, pp. 53-70) and
    which it shared with the Committee on Commerce, to the Committee on
    Commerce (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. ----). At the same
    time, the statements of special oversight functions in this paragraph
    and in paragraph (e) of this clause were adjusted to reflect the
    transfer of nonmilitary nuclear energy and research and development
    including disposal of nuclear waste from this Committee to the Committee
    on Commerce, though conforming changes in paragraphs (e) and (h) of
    clause 3 were inadvertently omitted.

    [[Page 401]]
    to lands along the Colorado River forming state boundaries (June 28,
    1967, p. 17738); bills designating national forest lands created from
    the public domain as wilderness (May 6, 1969, p. 11459); bills including
    additional units in the Missouri River Basin project (Sept. 8, 1959, p.
    18587); bills establishing a commission on development of Pennsylvania
    Avenue in D.C. as a national historic site (Oct. 21, 1965, p. 27803);
    bills authorizing the Secretary of the Interior to conduct a feasibility
    investigation of potential water resource development (May 1, 1975, p.
    12764); bills to establish a commission to consider the creation of a
    (Hudson) River Compact (July 21, 1975, p. 23653); bills to name a
    building constructed as part of a federal recreation area (June 8, 1988,
    p. 13803); bills addressing the siting on Federal parkland of an
    established national memorial (Sept. 24, 1991, p. ----); and (with the
    Committee on Agriculture) bills exchanging a Federal tree nursery for
    certain State mining patents touching a western forest (Sept. 17, 1991,
    p. ----).
      The Committee reports on subjects relating to the mineral resources of
    the public lands (IV, 4202), forfeiture of land grants and alien
    ownership (IV, 4201), public lands of Alaska (IV, 4196), forest reserves
    (IV, 4197), and national parks created out of the public domain (IV,
    4199; VII, 1925), including measures relating to criminal trespass
    provisions applying only within national forests created from the public
    domain (July 18, 1977, p. 23434); to admission of States (IV, 4208); to
    preservation of prehistoric ruins and objects of interest on the public
    domain (IV, 4199); and sometimes to projects of general legislation
    relating to various classes of land claims (IV, 4203). The Committee
    also has jurisdiction over bills relating to proceeds from disposal of
    oil shale on public lands (other than Naval Oil Shale Reserves) (Aug. 3,
    1967, p. 21179); bills to exclude certain lands in the outer continental
    shelf from mineral leasing provisions of the Outer Continental Shelf
    Lands Act (May 16, 1963, p. 8777); bills reinstating a U.S. oil and gas
    lease (Aug. 5, 1959, p. 15190); bills addressing U.S. claims

      The authority of the Committee to report as privileged bills for the
    forfeiture of land grants to railroad and other corporations, bills
    preventing speculation in the public lands, bills for the preservation
    of the public lands for the benefit of actual and bona fide settlers,
    and bills for the admission of new States was eliminated in the
    Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470; see clause 4(a) of rule XI).

      (m) Committee on Rules.

    Sec. 682a. Rules.

          (1)  The rules and joint rules (other
    than rules or joint rules relating to the Code of Official Conduct), and
    order of business of the House.

    The Committee on Rules is authorized to sit and act whether or not the
    House is in session.

          (2) Recesses and final adjournments of Congress.

    [[Page 402]]
    the 94th through the 98th Congresses 16 members were named to the
    Committee on nominations from the respective party caucuses (see, e.g.,
    H. Res. 76, Jan. 20, 1975, p. 803; H. Res. 101, Jan. 28, 1975, p. 1611),
    and in the 99th through 101st Congresses, 13 members were named to the
    Committee on nominations from the respective party caucuses (see, e.g.,
    H. Res. 34, 35, Jan. 30, 1985, p. 1271, 1273).
      This Committee, which had existed as a select committee from 1789,
    became a standing committee in 1880 (IV, 4321; VII, 2047). The Speaker
    was first made a member of the Committee in 1858 (IV, 4321), and ceased
    to be a member on March 19, 1910 (VII, 2047). However, the Legislative
    Reorganization Act of 1946 deleted from the former rule the prohibition
    against the Speaker serving on the Committee. The size of the Committee
    was increased from 12 to 15 members for the 87th Congress (Jan. 31,
    1961, p. 1589), and the increase in the Committee's size was
    incorporated as a part of the rules in the 88th Congress (Jan. 9, 1963).
    Effective January 3, 1975, however, the rules were amended to eliminate
    prescriptions of committee sizes (H. Res. 988, 93d Cong., Oct. 8, 1974,
    p. 34470), and in

      The jurisdiction defined in this paragraph became effective January 2,
    1947, as a part of the Legislative Reorganization Act of 1946 (60 Stat.
    812). The last sentence, formerly designated as subparagraph (3) (H.
    Res. 5, Jan. 5, 1993, p. ----), is from section 134(c) of the 1946 Act,
    but the Committee has had authority to sit during sessions of the House
    since 1893 (IV, 4546), even during the five-minute rule under clause
    2(i) of rule XI. The subject of recesses and adjournments was formerly
    under the jurisdiction of the Committee on Ways and Means. In section
    402(b) of the Congressional Budget Act of 1974 (P.L. 93-344, July 12,
    1974), the Committee was given specific authority to report emergency
    waivers of the required reporting date for bills and resolutions
    authorizing new budget authority. That authority was incorporated into
    this rule, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470), but was repealed as obsolete in the 102d Congress (H.
    Res. 5, Jan. 3, 1991, p. ----). Jurisdiction over rules relating to
    official conduct and financial disclosure was transferred to the
    Committee on Standards of Official Conduct on April 3, 1968 (H. Res.
    1099, 90th Cong.), but in the 95th Congress, jurisdiction over rules
    relating to financial disclosure by Members, officers, and employees of
    the House was returned to this Committee (H. Res. 5, Jan. 4, 1977, pp.
    53-70).

      The jurisdiction of this Committee is primarily over propositions to
    make or change the rules (V, 6770, 6776; VII, 2047), for the creation of
    committees (IV, 4322; VII, 2048), and directing them to make
    investigations (IV, 4322-4324; VII, 2048). Effective January 3, 1975,
    however, the authority for all committees to conduct investigations and
    studies was made a part of the standing rules (clause 1(b) of rule XI),
    as was the authority for all committees to sit and act whether the House
    is in session or has adjourned, and authority to issue subpoenas (clause
    2(m) of rule XI) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The
    Committee also reports resolutions relating to the hour of daily meeting
    and the days on which the House shall sit (IV, 4325), and orders
    relating to the use of the galleries during the electoral count (IV,
    4327).

    Sec. 682b. Special orders.

      Since  1883 the Committee on Rules
    has reported special orders providing times and methods for
    consideration of special bills or classes of bills, thereby enabling the
    House by majority vote to forward particular legislation, instead of
    being forced to use for the purpose the motion to suspend the rules,
    which requires a two-thirds vote (IV, 3152; V, 6870; for forms of, IV,
    3238-3263).

    [[Page 403]]
    by motion in the House, to provide that a subject be made a special
    order by a motion to postpone to a day certain (IV, 3164). But before
    the adoption of rules, and consequently before there is a rule as to the
    order of business, a Member may offer a special order for immediate
    consideration (V, 4971, 5450). A special order reported by the Committee
    on Rules must be agreed to by a majority vote of the House (IV, 3169).
      Special orders may still be made by suspension of the rules (IV, 3154)
    or by unanimous consent (IV, 3165, 3166; VII, 758); but it is not in
    order,

      It is not in order to move to postpone a special order providing for
    the consideration of a class of bills (V, 4958), but a bill which comes
    before the House by the terms of a special order merely assigning the
    day for its consideration may be postponed by a majority vote (IV, 3177-
    3182). A motion to rescind a special order is not privileged under the
    rules regulating the order of business (IV, 3173, 3174; V, 5323).

      A motion to amend the rules of House does not present a question of
    privilege (VIII, 3377, overruling VIII, 3376; see also rule IX and
    Sec. 664, supra), and it is not in order by raising a question of the
    privileges of the House under rule IX to move to direct the Committee on
    Rules to consider a request to report a special order of business
    (Speaker Albert, June 27, 1974, p. 21599), or to direct the Committee on
    Rules to meet, to elect a temporary chairman (in the temporary absence
    of the chairman) and consider special orders of business (Speaker
    Albert, July 31, 1975, p. 26250).

      For further discussion of the Committee on Rules, see Secs. 729a-
    731, infra.

      (n) Committee on Science.

    Sec. 683. Science.

          (1)  All energy research, development,
    and demonstration, and projects therefor, and all federally owned or
    operated nonmilitary energy laboratories.

          (2) Astronautical research and development, including resources,
    personnel, equipment, and facilities.

          (3) Civil aviation research and development.

          (4) Environmental research and development.

          (5) Marine research.

          (6) Measures relating to the commercial application of energy
    technology.

    [[Page 404]]

          (7) National Institute of Standards and Technology,
    standardization of weights and measures and the metric system.

          (8) National Aeronautics and Space Administration.

          (9) National Space Council.

          (10) National Science Foundation.

          (11) National Weather Service.

          (12) Outer space, including exploration and control thereof.

          (13) Science Scholarships.

    In addition to its legislative jurisdiction under the preceding
    provisions of this paragraph (and its general oversight function under
    clause 2(b)(1)), the committee shall have the special oversight function
    provided for in clause 3(f) with respect to all nonmilitary research and
    development.

          (14) Scientific research, development, and demonstration, and
    projects therefor.

    [[Page 405]]
    10). In the 100th Congress, the Committee was redesignated as the
    Committee on Science, Space, and Technology (H. Res. 5, Jan. 6, 1987, p.
    6). In the 103d Congress the jurisdictional statement of the Committee
    was updated to reflect the renaming of Executive Branch entities (H.
    Res. 5, Jan. 5, 1993, p. ----). The 104th Congress again renamed the
    Committee as the Committee on Science and expanded its jurisdiction by
    adding subparagraph (5), from the former Committee on Merchant Marine
    and Fisheries, and subparagraph (6), from the Committee on Energy and
    Commerce (now Commerce) (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. ----).
      The standing Committee on Science and Astronautics was established in
    the 85th Congress and given jurisdiction formerly vested in a Select
    Committee on Astronautics and Space Exploration established a few months
    earlier (Mar. 5, 1958, p. 3443), as well as the former jurisdiction of
    the Committee on Interstate and Foreign Commerce (now Commerce) over the
    Bureau of Standards (now the National Institute of Standards and
    Technology) and science scholarships (July 21, 1958, p. 14513). By the
    Committee Reform Amendments of 1974, effective January 3, 1975, the
    Committee was redesignated as the Committee on Science and Technology
    and given additional jurisdiction over civil aviation research and
    development, environmental research and development, non-nuclear energy
    research and development, and the National Weather Service (now part of
    the National Oceanic and Atmospheric Administration) (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470). At the same time the Committee was given
    the general and special oversight functions set forth in clause 2(b) and
    clause 3(f). When the House abolished the Joint Committee on Atomic
    Energy in the 95th Congress, this Committee was given jurisdiction over
    nuclear research and development, as well (H. Res. 5, Jan. 4, 1977, pp.
    53-70). Its jurisdiction over energy research and development (now
    subpara. (1)) was amended in the 96th Congress, effective January 3,
    1981, to specifically include energy demonstration projects and
    federally owned nonmilitary energy laboratories (H. Res. 549, Mar. 25,
    1980, pp. 6405-

      The Committee has jurisdiction over proposals dealing with U.S.
    participation in the World Science Pan-Pacific Exposition (June 24,
    1959, p. 11810); over a resolution condemning Soviet Union internal
    exile of an individual, and recommending that government agencies
    including NASA, the National Bureau of Standards and the National
    Science Foundation defer official travel to that country (Jan. 30, 1980,
    p. 1320); with the Committees on Armed Services (now National Security)
    and Interior and Insular Affairs (now Resources), over bills to test the
    commercial viability of oil shale technologies within the naval oil
    shale reserves or on other public lands (Sept. 26, 1978, p. 31623); and
    with four other committees over a bill coordinating Federal agencies'
    research into ground water contamination, including that done by the
    Environmental Protection Agency (Mar. 15, 1989, p. 4163).

      (o) Committee on Small Business.

    Sec. 684. Small Business.

          (1)  Assistance to and
    protection of small business, including financial aid, regulatory
    flexibility and paperwork reduction.

    In addition to its legislative jurisdiction under the preceding
    provisions of this paragraph (and its general oversight function under
    clause 2(b)(1)), the committee shall have the special oversight function
    provided for in clause 3(g) with respect to the problems of small
    business.

          (2) Participation of small-business enterprises in Federal
    procurement and Government contracts.

    [[Page 406]]

      A Select Committee on Small Business was first established in the 77th
    Congress (H. Res. 294, pp. 9418-28) and was reconstituted each Congress
    thereafter by resolution reported from the Committee on Rules until made
    permanent in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144).

      The Committee Reform Amendments of 1974 established a standing
    Committee on Small Business, effective January 3, 1975, and vested it
    with legislative jurisdiction formerly held by the Committee on Banking
    and Currency (subpara. (1)) and the Committee on the Judiciary (subpara.
    (2)) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). At the same time
    the general and special oversight functions were set forth in clause
    2(b) and in clause 3(g).

      The 104th Congress expanded the jurisdiction of the Committee over
    assistance to and protection of small business by inserting the
    references to regulatory flexibility and paperwork reduction in
    subparagraph (1) (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. ----; see
    also Feb. 9, 1995, p. ----).

      (p) Committee on Standards of Official Conduct.

    In addition to its legislative jurisdiction under the preceding
    provision of this paragraph (and its general oversight function under
    clause 2(b)(1)), the committee shall have the functions with respect to
    recommendations, studies, investigations, and reports which are provided
    for in clause 4(e), and the functions designated in titles I and V of
    the Ethics in Government Act of 1978 and sections 7342, 7351, and 7353
    of title 5, United States Code.

    Sec. 685. Standards of Official Conduct.

          (1)  Measures
    relating to the Code of Official Conduct.

    [[Page 407]]
    duct,'' as follows: rule XLV, prohibiting unofficial office accounts;
    rule XLVI, limiting the use of the frank; and rule XLVII, limiting
    outside earned income (H. Res. 287, Mar. 2, 1977, pp. 5933-53).
      The Committee was established in the 90th Congress (H. Res. 418, Apr.
    13, 1967). Its jurisdiction was redefined the next year (H. Res. 1099,
    Apr. 3, 1968). In the 94th Congress legislative jurisdiction over
    measures relating to the raising, reporting, and use of campaign
    contributions for candidates for the House was transferred from this
    Committee to the Committee on House Administration (now House Oversight)
    (H. Res. 5, Jan. 14, 1975). In the 91st Congress the Committee had been
    given jurisdiction over measures relating to lobbying activities (H.
    Res. 1031, July 8, 1970, p. 23141), but in the 95th Congress
    jurisdiction over that subject and over measures relating to financial
    disclosure by Members, officers, and employees of the House were removed
    from the Committee, thereby devolving on the Committee on Rules (H. Res.
    5, Jan. 4, 1977, pp. 53-70). Also in the 95th Congress, several rules
    relating to the official conduct of Members were adopted outside the
    confines of rule XLIII, the ``Code of Official Con

      Under clause 4(a) of rule XI, the Committee is empowered to report as
    privileged resolutions recommending action by the House of
    Representatives with respect to the official conduct of an individual
    Member, officer, or employee of the House.

      In addition to its legislative jurisdiction, the Committee has the
    general oversight responsibility set forth in clause 2(b) and the
    additional functions of conducting the investigations and making the
    reports and recommendations required by clause 4(e) or by resolution of
    the House (see, e.g., H. Res. 252, 95th Cong., Feb. 9, 1977, pp. 3966-
    75, directing investigation of gifts from Korean government; H. Res.
    1042, 94th Cong., Feb. 16, 1976, pp. 3158-61, directing investigation of
    unauthorized publication of report of Select Committee on Intelligence;
    and H. Res. 608, 96th Cong., Mar. 27, 1980, pp. 6995-98, relating to
    ``Abscam'').

      The Committee has investigated rollcall procedures in the House and
    recommended installation of a modernized voting system (June 19, 1969,
    p. 16629). In the 95th Congress the Committee was authorized by section
    515 of Public Law 95-105 to act as the ``employing agency'' for the
    House of Representatives under the Foreign Gifts and Decorations Act,
    and the Committee promulgated regulations under that statute concerning
    acceptance of foreign gifts and decorations by Members and employees
    (Jan. 23, 1978, p. 452). In the 96th Congress the Committee was assigned
    as additional responsibilities the functions designated in title I of
    the Ethics in Government Act of 1978 (P.L. 95-521) relating to the
    administration of government ethics laws as they apply to Members,
    officers, and employees of the House (H. Res. 5, Jan. 15, 1979, p. 7).
    In the 102d Congress those responsibilities were enlarged to include
    also the functions designated in title V of the Act and the specified
    sections of title 5, United States Code (H. Res. 5, Jan. 3, 1991, p. --
    --).

    [[Page 408]]

      The Committee has compiled statutory and rule-based ethical standards
    in the House Ethics Manual (102d Cong., 2d Sess.). In the Manual, the
    Committee incorporates its advisory opinions issued under clause
    4(e)(1)(D) of rule X, together with advisory opinions issued by the
    former Select Committee on Ethics, in its discussions of various ethical
    issues, including gifts, outside income, financial disclosure, staff
    rights and duties, official allowances and franking, casework
    considerations, campaign financing and practices, and involvement with
    official and unofficial organizations.

      (q) Committee on Transportation and Infrastructure.

    Sec. 686. Transportation and Infrastructure.

          (1)  Coast
    Guard, including lifesaving service, lighthouses, lightships, ocean
    derelicts, and the Coast Guard Academy.

          (2) Federal management of emergencies and natural disasters.

          (3) Flood control and improvement of rivers and harbors.

          (4) Inland waterways.

          (5) Inspection of merchant marine vessels, lights and signals,
    lifesaving equipment, and fire protection on such vessels.

          (6) Navigation and the laws relating thereto, including pilotage.

          (7) Registering and licensing of vessels and small boats.

          (8) Rules and international arrangements to prevent collisions at
    sea.

          (9) Measures relating to the Capitol Building and the Senate and
    House office buildings.

          (10) Measures relating to the construction or maintenance of roads
    and post roads, other than appropriations therefor; but it shall not be
    in order for any bill providing general legislation in relation to roads
    to contain any provision for any specific road, nor for any bill in
    relation to a specific road to embrace a provision in relation to any
    other specific road.

    [[Page 409]]
    the Library of Congress, and the Smithsonian Institution.
          (11) Measures relating to the construction or reconstruction,
    maintenance, and care of the buildings and grounds of the Botanic
    Gardens,

          (12) Measures relating to merchant marine, except for national
    security aspects of merchant marine.

          (13) Measures relating to the purchase of sites and construction
    of post offices, customhouses, Federal courthouses, and Government
    buildings within the District of Columbia.

          (14) Oil and other pollution of navigable waters, including
    inland, coastal, and ocean waters.

          (15) Marine affairs (including coastal zone management) as they
    relate to oil and other pollution of navigable waters.

          (16) Public buildings and occupied or improved grounds of the
    United States generally.

          (17) Public works for the benefit of navigation, including bridges
    and dams (other than international bridges and dams).

          (18) Related transportation regulatory agencies.

          (19) Roads and the safety thereof.

          (20) Transportation, including civil aviation, railroads, water
    transportation, transportation safety (except automobile safety),
    transportation infrastructure, transportation labor, and railroad
    retirement and unemployment (except revenue measures related thereto).

          (21) Water power.

    [[Page 410]]
    in 1883 (IV, 4118)), and Roads (created in 1913 (VII, 2065)). The
    authority of the Committee to report as privileged bills authorizing the
    improvement of rivers and harbors was eliminated by the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470; see clause 4(a) of rule XI). At the same time
    the Committee relinquished jurisdiction over parks in the District of
    Columbia to the Committee on Interior and Insular Affairs (now
    Resources) while gaining jurisdiction over transportation, including
    civil aviation (except railroads, railroad labor, and railroad
    pensions), over roads and the safety thereof, over water transportation
    subject to the jurisdiction of the Interstate Commerce Commission, and
    over related transportation regulatory agencies with certain exceptions.
    The 104th Congress changed the name of the Committee from Public Works
    and Transportation to Transportation and Infrastructure and expanded its
    jurisdiction by: adding subparagraphs (1), (6)-(8), (12), and (15) to
    reflect the transfer of those matters from the former Committee on
    Merchant Marine and Fisheries; adding subparagraph (4) and enlarging
    subparagraph (20) to reflect the transfer of those matters from the
    Committee on Energy and Commerce (now Commerce); and adding subparagraph
    (2) and inserting the reference to inland, coastal, and ocean waters in
    subparagraph (14), as clarifying consolidations of formerly
    fractionalized subjects (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. ----).
      The Committee was created effective January 2, 1947, as a part of the
    Legislative Reorganization Act of 1946 (60 Stat. 812), combining the
    Committees on Flood Control (created in 1916 (VII, 2069)), Public
    Buildings and Grounds (created in 1837 (IV, 4231)), Rivers and Harbors
    (created

    [[Page 411]]

      The Committee has jurisdiction over proposals establishing Treasury
    revolving funds for the Southeastern and Southwestern Power
    Administrations (July 2, 1959, p. 12629); directing the Secretary of the
    Army to provide school facilities for dependents of Corps of Engineers
    construction workers (June 17, 1968, p. 17429); conveying Corps of
    Engineers flood-control project lands (July 15, 1965, p. 17002) or
    naming reservoirs within such projects (Oct. 3, 1989, p. 22770) or
    allocating or limiting water use therefrom (Feb. 28, 1990, p. 2893);
    directing the Secretary of the Army to renew the license of an American
    Legion Post to use a parcel of land on a Corps of Engineer project (May
    10, 1988, p. 10282); authorizing construction of an annex to the
    National Gallery of Art by the Smithsonian Institution (Apr. 10, 1968,
    p. 9553); addressing the location and development of the J. F. Kennedy
    Center for the Performing Arts (Sept. 15, 1965, p. 23927; Oct. 21, 1965,
    p. 27803); transferring land under the control of the Corps of Engineers
    to Indian tribes (Jan. 29, 1976, p. 1577); amending the Interstate
    Commerce Act to regulate truck transportation (Feb. 24, 1976, p. 4109;
    Mar. 1, 1979, p. 3754); concerning the treatment of a U.S. air freight
    carrier by the Japanese Ministry of Transport pursuant to an
    understanding negotiated under the International Air Transportation
    Competition Act of 1979 (not a Trade Act matter) (July 28, 1988, p.
    19536); and over an executive communication amending Public Law 90-553,
    reported by the Committee, to authorize the transfer, conveyance, lease
    and improvement of, and construction on, certain property in the
    District of Columbia, for use as a headquarters site for an
    international organization, as sites for governments of foreign
    countries (Sept. 10, 1981, p. 20598).

      The Committee has shared jurisdiction: with the Committee on Energy
    and Commerce (now Commerce) over a bill amending the Solid Waste
    Disposal Act to provide for the cleanup of hazardous waste sites or
    discharges presenting a threat to human health and the environment,
    including navigable waters (Mar. 21, 1984, p. 6186); with the Committee
    on Government Operations (now Government Reform and Oversight) over a
    bill to require the Administrator of General Services to convey certain
    real property (a federal building) to the Museum for the American Indian
    and providing for renovation and alteration of the property (Oct. 28,
    1987, p. 29685); with the Committee on House Administration (now House
    Oversight) over a bill authorizing the Smithsonian Institution to
    construct, expand, and renovate facilities at the Cooper-Hewitt Museum
    in New York (July 21, 1987, p. 20309), and over a bill authorizing
    appropriations to plan, design, construct, and equip museum space for
    the Smithsonian (July 18, 1991, p. ----); with several other committees
    over bills to convert from a defense economy by, inter alia,
    authorizing economic assistance for public works and economic
    development (June 24, 1991, p. ----; June 11, 1992, p. ----); and with
    the Committee on Education and Labor (now Economic and Educational
    Opportunities) over bills providing labor protections to workers,
    including airline employees, in the transportation industry (June 24,
    1991, p. ----; Feb. 24, 1993, p. ----).

      In the 101st Congress, the Committee reported a bill requiring a
    cooling-off period in a labor-management dispute between an airline and
    its unions under the Railway Labor Act (H.R. 1231, Mar. 13, 1989, p.
    4032).

      The general oversight responsibility of the Committee is set forth in
    clause 2(b) of rule X.

      (r) Committee on Veterans' Affairs.

          (1) Veterans' measures generally.

    Sec. 687. Veterans' Affairs.

            (2) Cemeteries of the
    United States in which veterans of any war or conflict are or may be
    buried, whether in the United States or abroad, except cemeteries
    administered by the Secretary of the Interior.

          (3) Compensation, vocational rehabilitation, and education of
    veterans.

          (4) Life insurance issued by the Government on account of service
    in the Armed Forces.

          (5) Pensions of all the wars of the United States, general and
    special.

          (6) Readjustment of servicemen to civil life.

    [[Page 412]]

          (7) Soldiers' and sailors' civil relief.

          (8) Veterans' hospitals, medical care, and treatment of veterans.

      This Committee was established January 2, 1947, as a part of the
    Legislative Reorganization Act of 1946 (60 Stat. 812), and was vested
    with jurisdiction formerly exercised by the Committees on World War
    Veterans' Legislation (VII, 2077); Invalid Pensions (IV, 4258); and
    Pensions (IV, 4260). Jurisdiction over veterans' cemeteries administered
    by the Department of Defense was transferred from the Committee on
    Interior and Insular Affairs in the 90th Congress (H. Res. 241, Oct. 20,
    1967, p. ----). Vocational rehabilitation, except that pertaining to
    veterans, is under the jurisdiction of the Committee on Economic and
    Educational Opportunities. The Committee has jurisdiction over bills to
    amend the Soldiers and Sailors Civil Relief Act of 1940 to permit
    certain declarations of fact in lieu of affidavits (Feb. 4, 1959, p.
    1812), and over bills to amend the Servicemen's and Veterans' Survivor
    Benefits Act relating to service-connected deaths of retired members of
    the uniformed services (May 18, 1959, p. 8273).

      (s) Committee on Ways and Means.

    Sec. 688. Ways and Means.

          (1)  Customs, collection
    districts, and ports of entry and delivery.

          (2) Reciprocal trade agreements.

          (3) Revenue measures generally.

          (4) Revenue measures relating to the insular possessions.

          (5) The bonded debt of the United States (subject to the last
    sentence of clause 4(g) of this rule).

          (6) The deposit of public moneys.

          (7) Transportation of dutiable goods.

          (8) Tax exempt foundations and charitable trusts.

    [[Page 413]]

          (9) National social security, except (A) health care and
    facilities programs that are supported from general revenues as opposed
    to payroll deductions and (B) work incentive programs.

      A select Committee on Ways and Means dates from 1789. It was made a
    standing committee in 1802. Originally it considered both revenue and
    appropriations, but in 1865 the appropriation bills were given to the
    Committee on Appropriations and certain other bills to the Committee on
    Banking and Currency (now Banking and Financial Services) (IV, 4020).
    Its jurisdiction was also amended on April 5, 1911 (p. 58), and further
    defined in the Legislative Reorganization Act of 1946 (60 Stat. 812),
    which transferred the subject of recesses and final adjournments from
    this Committee to the Committee on Rules.

      By the Committee Reform Amendments of 1974, effective January 3, 1975,
    the Committee gained legislative jurisdiction over tax exempt
    foundations and charitable trusts (subpara. (8)), formerly within the
    jurisdiction of the Committee on Banking and Currency, because of their
    impact on the economy, while relinquishing: jurisdiction over health
    care and facilities programs supported from general revenues to the
    Committee on Energy and Commerce (now Commerce); jurisdiction over work
    incentive programs to the Committee on Education and Labor (now Economic
    and Educational Opportunities); jurisdiction over general revenue
    sharing to the Committee on Government Operations (now Government Reform
    and Oversight); and jurisdiction over renegotiation to the Committee on
    Banking, Finance and Urban Affairs (now Banking and Financial Services)
    (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470).

      The Committee's jurisdiction over the bonded debt of the United States
    (subpara. (5)) was made subject to the last sentence of clause 4(g) of
    rule X in the 96th Congress by Public Law 96-78 (93 Stat. 589).

      The revenue jurisdiction of the Committee extends to such subjects as
    transportation of dutiable goods, collection districts, ports of entry
    and delivery (IV, 4026), customs unions, reciprocity treaties (IV,
    4021), revenue relations of the United States with Puerto Rico (IV,
    4025), the revenue bills relating to agricultural products generally,
    excepting oleomargarine (IV, 4022), and tax on cotton and grain futures.
    The Committee formerly had jurisdiction as to seal herds and other
    revenue producing animals in Alaska but this jurisdiction was changed in
    the 68th Congress to the former Committee on Merchant Marine and
    Fisheries (VII, 1725, 1851). As exemplified by sequential referrals in
    the 96th Congress, the Committee has jurisdiction of reported bills
    creating major oilspill and hazardous waste trust funds in the Treasury,
    funded by assessments on all quantities of oil, petrochemical
    feedstocks, and other hazardous substances sold for sale, where the
    scope and size of the funds and the method of assessment (similar to an
    excise tax) represented the collection of general revenue to fund
    particular Federal activities, a type of financing mechanism over which
    the Ways and Means Committee has traditionally exercised jurisdiction
    (May 20, 1980, p. 11862).

    [[Page 414]]
    ``preservation of the Government credit'' (IV, 4023). The Committee has
    jurisdiction over bills providing tax incentives for persons investing
    in Indian property (Feb. 1, 1964, p. 1582), providing unemployment
    compensation to individuals with military or Federal service (Apr. 28,
    1976, p. 11590), providing extended and increased unemployment
    compensation (Apr. 16, 1975, p. 10346), and over private bills waiving
    provisions of the Tariff Act to require reliquidation of certain
    imported materials as duty-free (July 13, 1982, p. 16014).
      The Committee has jurisdiction over subjects relating to the Treasury
    of the United States and the deposit of the public moneys (IV, 4028),
    but it failed to make good a claim to the subjects of ``national
    finances'' and

      The Committee has exercised jurisdiction, with the Committee on Energy
    and Commerce (now Commerce), over executive communications reporting on
    inpatient hospital services under title XVIII (medicare) and under title
    XIX (medicaid) of the Social Security Act (Dec. 21, 1982, p. 33261);
    with the Committee on Public Works and Transportation (now
    Transportation and Infrastructure) over executive communications
    proposing draft legislation reauthorizing the Surface Transportation Act
    but also containing a revenue title raising taxes to fund surface
    transportation programs (Mar. 20, 1986, p. 5804); with the former
    Committee on Merchant Marine and Fisheries (succeeded by the Committee
    on Resources) over a bill amending the Fishermen's Protective Act to
    authorize the President to prohibit the importation of any product from
    a country violating an international fishery conservation program (Mar.
    21, 1989, p. 5077); and with three other committees over a bill imposing
    certain international economic sanctions including tariffs (May 27,
    1992, p. ----).

      The Committee in the earlier practice reported resolutions
    distributing the President's annual message (IV, 4030), but since the
    first session of the 64th Congress this practice has been discontinued
    (VIII, 3350).

      The general oversight responsibility set forth in clause 2(b) was
    assigned to the Committee by the Committee Reform Amendments of 1974,
    effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470).

                       General Oversight Responsibilities

      2. (a) In order to assist the House in--

    Sec. 692a. General oversight.

          (1)  its analysis,
    appraisal, and evaluation of (A) the application, administration,
    execution, and effectiveness of the laws enacted by the Congress, or (B)
    conditions and circumstances which may indicate the necessity or
    desirability of enacting new or additional legislation, and

    [[Page 415]]
    those laws, and of such additional legislation, as may be necessary or
    appropriate,
    the various standing committees shall have oversight responsibilities as
    provided in paragraph (b).
          (2) its formulation, consideration, and enactment of such
    modifications of or changes in

    [[Page 416]]
    the area of their respective jurisdiction, to assist in carrying out
    its responsibilities under this subparagraph. The establishment of
    oversight subcommittees shall in no way limit the responsibility of the
    subcommittees with legislative jurisdiction from carrying out their
    oversight responsibilities.

    Sec. 692b.
    Oversight subcommittees.

      (b)(1) Each standing committee (other than the Committee on
    Appropriations and the Committee on the Budget) shall review and study,
    on a continuing basis, the application, administration, execution, and
    effectiveness of those laws or parts of laws, the subject matter of
    which is within the jurisdiction of that committee and the organization
    and operation of the Federal agencies and entities having
    responsibilities in or for the administration and execution thereof, in
    order to determine whether such laws and the programs thereunder are
    being implemented and carried out in accordance with the intent of the
    Congress and whether such programs should be continued, curtailed, or
    eliminated. In addition, each such committee shall review and study any
    conditions or circumstances which may indicate the necessity or
    desirability of enacting new or additional legislation within the
    jurisdiction of that committee (whether or not any bill or resolution
    has been introduced with respect thereto), and shall on a continuing
    basis undertake futures research and forecasting on matters within the
    jurisdiction of that committee. Each such committee  having more than twenty members shall
    establish an oversight subcommittee, or require its subcommittees, if
    any, to conduct oversight in

      (2) The Committee on Government Reform and Oversight shall review and
    study, on a continuing basis, the operation of Government activities at
    all levels with a view to determining their economy and efficiency.

      (3) The Committee on Appropriations shall conduct such studies and
    examinations of the organization and operation of executive departments
    and other executive agencies (including any agency the majority of the
    stock of which is owned by the Government of the United States) as it
    may deem necessary to assist it in the determination of matters within
    its jurisdiction.

      (c) Each standing committee of the House shall have the function of
    reviewing and studying on a continuing basis the impact or probable
    impact of tax policies affecting subjects within its jurisdiction as
    described in clauses 1 and 3.

    [[Page 417]]
    developing such plans each committee shall, to the maximum extent
    feasible
      (d)(1) Not later than February 15 of the first session of a Congress,
    each standing committee of the House shall, in a meeting that is open to
    the public and with a quorum present, adopt its oversight plans for that
    Congress. Such plans shall be submitted simultaneously to the Committee
    on Government Reform and Oversight and to the Committee on House
    Oversight. In

              (A) consult with other committees of the House that have
    jurisdiction over the same or related laws, programs, or agencies within
    its jurisdiction, with the objective of ensuring that such laws,
    programs, or agencies are reviewed in the same Congress and that there
    is a maximum of coordination between such committees in the conduct of
    such reviews; and such plans shall include an explanation of what steps
    have been and will be taken to ensure such coordination and cooperation;

              (B) give priority consideration to including in its plans the
    review of those laws, programs, or agencies operating under permanent
    budget authority or permanent statutory authority; and

              (C) have a view toward ensuring that all significant laws,
    programs, or agencies within its jurisdictions are subject to review at
    least once every ten years.

      (2) It shall not be in order to consider any committee expense
    resolution (within the meaning of clause 5 of rule XI), or any amendment
    thereto, for any committee that has not submitted its oversight plans as
    required by this paragraph.

    [[Page 418]]
    and Oversight shall report to the House the oversight plans submitted
    by each committee together with any recommendations that it, or the
    House leadership group referred to above, may make to ensure the most
    effective coordination of such plans and otherwise achieve the
    objectives of this clause.
      (3) Not later than March 31 in the first session of a Congress, after
    consultation with the Speaker, the majority leader, and the minority
    leader, the Committee on Government Reform

      (e) The Speaker, with the approval of the House, may appoint special
    ad hoc oversight committees for the purpose of reviewing specific
    matters within the jurisdiction of two or more standing committees.

    [[Page 419]]
    31, with recommendations to ensure coordination among committees, and
    funding for each committee to be contingent on submission of its
    oversight plans. The 104th Congress also added paragraph (e) to
    authorize the Speaker to appoint special, ad hoc oversight committees to
    review matters within the jurisdiction of more than one standing
    committee (sec. 203(a), H. Res. 6, Jan. 4, 1995, p. ----).

      Clause 2(a), and the first requirement of clause 2(b)(1) that each
    standing committee shall review the application, etc. of all laws within
    its jurisdiction, was originally contained in section 118(b) of the
    Legislative Reorganization Act of 1970 (84 Stat. 1140) and was made part
    of the standing rules on January 22, 1971 (H. Res. 5, p. 144). The
    oversight authority conferred by clause 2(b)(2) on the Committee on
    Government Operations (now Government Reform and Oversight) was first
    made effective as part of the Legislative Reorganization Act of 1946 (60
    Stat. 812), and the responsibility of the Committee on Appropriations
    set forth in clause 2(b)(3) was first given that committee on February
    11, 1943, p. 884, continued by resolution of January 9, 1945, p. 135,
    and incorporated into permanent law in section 202(b) of the Legislative
    Reorganization Act of 1946, and made a part of the standing rules on
    Jan. 3, 1953 (pp. 17, 24). Effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470), the general oversight responsibilities
    set forth in the remainder of the clause were incorporated into the
    rule, and on January 14, 1975 (H. Res. 5, 94th Cong., p. 20), the size
    of those standing committees required by clause 2(b)(1) to establish an
    oversight subcommittee or to require its subcommittees to conduct
    oversight was increased from 15 to more than 20. In the 100th Congress,
    the requirement that representatives from the Committee on Government
    Operations meet with other committees at the beginning of each Congress
    to discuss oversight plans and that the Government Operations Committee
    report to the House its oversight coordination recommendations within
    sixty days after convening of the first session was deleted (H. Res. 5,
    Jan. 6, 1987, p. 6). The 104th Congress added paragraph (d) to require
    that each standing committee submit to the Committees on House Oversight
    and Government Reform and Oversight by February 15 of the first session
    of a Congress its oversight plans for that Congress, such plans to be
    transmitted by those committees to the House by March

                           Special Oversight Functions

    Sec. 693. Special oversight.

      3.  (a) The Committee on
    National Security shall have the function of reviewing and studying, on
    a continuing basis, all laws, programs, and Government activities
    dealing with or involving international arms control and disarmament and
    the education of military dependents in schools.

      (b) The Committee on the Budget shall have the function of--

          (1) making continuing studies of the effect on budget outlays of
    relevant existing and proposed legislation, and reporting the results of
    such studies to the House on a recurring basis; and

          (2) requesting and evaluating continuing studies of tax
    expenditures, devising methods of coordinating tax expenditures,
    policies, and programs with direct budget outlays, and reporting the
    results of such studies to the House on a recurring basis.

    [[Page 420]]
    programs of student assistance, which are within the jurisdiction of
    other committees.
      (c) The Committee on Economic and Educational Opportunities shall have
    the function of reviewing, studying, and coordinating, on a continuing
    basis, all laws, programs, and Government activities dealing with or
    involving domestic educational programs and institutions, and

      (d) The Committee on International Relations shall have the function
    of reviewing and studying, on a continuing basis, all laws, programs,
    and Government activities dealing with or involving customs
    administration, intelligence activities relating to foreign policy,
    international financial and monetary organizations, and international
    fishing agreements.

      (e) The Committee on Resources shall have the function of reviewing
    and studying, on a continuing basis, all laws, programs, and Government
    activities dealing with Indians and nonmilitary nuclear energy and
    research and development including the disposal of nuclear waste.

      (f) The Committee on Science shall have the function of reviewing and
    studying, on a continuing basis, all laws, programs, and Government
    activities dealing with or involving nonmilitary research and
    development.

      (g) The Committee on Small Business shall have the function of
    studying and investigating, on a continuing basis, the problems of all
    types of small business.

      (h) The Committee on Commerce shall have the function of reviewing and
    studying, on a continuing basis, all laws, programs and government
    activities relating to nuclear and other energy.

    [[Page 421]]
    and the committee shall, from time to time, report its findings and
    recommendations to the House.

      (i) The Committee on Rules shall have the function of reviewing and
    studying, on a continuing basis, the congressional budget process,

      The special oversight responsibilities of the Committee on the Budget
    set forth in clause 3(b) were made part of the rules effective July 12,
    1974 by section 101(c) of the Congressional Budget Act of 1974 (88 Stat.
    300). The remainder of the clause became effective January 3, 1975 (H.
    Res. 988, 93d Cong., Oct. 8, 1974, p. 34470) except that paragraph (h)
    was added on January 4, 1977, upon the abolition of the legislative
    jurisdiction in the House of the Joint Committee on Atomic Energy (H.
    Res. 5, 95th Cong., pp. 53-70) and the name of the Committee on
    International Relations was changed back to Foreign Affairs (H. Res. 89,
    Feb. 5, 1979, pp. 1848-49). Paragraph (e) was amended in the 103d
    Congress to reflect the change from Interior and Insular Affairs to
    Natural Resources (H. Res. 5, Jan. 5, 1993, p. ----). Paragraph (h) was
    amended in the 96th Congress to change the name of the Committee on
    Interstate and Foreign Commerce to the Committee on Energy and Commerce
    and to expand that committee's special oversight responsibilities over
    nuclear energy to all energy programs (H. Res. 549, Mar. 25, 1980, pp.
    6405-10) effective January 3, 1981. Paragraph (i) was added by section
    226 of P.L. 99-177, the Balanced Budget and Emergency Deficit Control
    Act of 1985 (Dec. 12, 1985). A paragraph (j) was added by section 9 of
    the House Administrative Reform Resolution of 1992 (H. Res. 423, Apr. 9,
    1992, p. ----) to establish a bipartisan Subcommittee on Administrative
    Oversight of the Committee on House Administration, to be chaired by the
    chairman of the Committee on House Administration and to be composed of
    members of the Committee on House Administration, one-half from the
    majority party and one-half from the minority party, and paragraph
    (j)(3) was rewritten in the 103d Congress to provide that the Speaker,
    the Majority and Minority Leaders, and the chairman and ranking minority
    member of the Committee on House Administration be informed of tie votes
    in that subcommittee (H. Res. 5, Jan. 5, 1993, p. ----), but paragraph
    (j) was deleted entirely in the 104th Congress (sec. 201(d), H. Res. 6,
    Jan. 4, 1995, p. ----). The names of the committees under paragraphs
    (a), (c), (d), (e), (f), and (h) were changed in the 104th Congress
    (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. ----).

                       Additional Functions of Committees

    [[Page 422]]
    on the Budget as a whole with particular reference to--

    Sec. 694a. Appropriations Committee; Budget
    Hearings

      4.  (a)(1)(A) The Committee on Appropriations shall, within
    thirty days after the transmittal of the Budget to the Congress each
    year, hold hearings

                  (i) the basic recommendations and budgetary policies of
    the President in the presentation of the Budget; and

                  (ii) the fiscal, financial, and economic assumptions used
    as bases in arriving at total estimated expenditures and receipts.

              (B) In holding hearings pursuant to subdivision (A), the
    committee shall receive testimony from the Secretary of the Treasury,
    the Director of the Office of Management and Budget, the Chairman of the
    Council of Economic Advisers, and such other persons as the committee
    may desire.

    Sec. 694b. Procedure for Budget
    Hearings.

              (C)  Hearings pursuant to subdivision (A), or any part thereof,
    shall be held in open session, except when the committee, in open
    session and with a quorum present, determines by rollcall vote that the
    testimony to be taken at that hearing on that day may be related to a
    matter of national security: Provided, however, That the committee may
    by the same procedure close one subsequent day of hearing. A transcript
    of all such hearings shall be printed and a copy thereof furnished to
    each Member, Delegate, and the Resident Commissioner from Puerto Rico.

    [[Page 423]]
    cordance with such procedures as the two committees jointly may
    determine.

              (D) Hearings pursuant to subdivision (A), or any part thereof,
    may be held before joint meetings of the committee and the Committee on
    Appropriations of the Senate in ac

      This part of clause 4 was originally contained in section 242(c)(1) of
    the Legislative Reorganization Act of 1970 and was made part of the
    standing rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144).
    Paragraph (a)(1)(C), requiring open hearings, was first adopted in the
    93d Congress (H. Res. 259, Mar. 7, 1973, pp. 6713-20), and was amended
    in the 94th Congress to limit the effect of a vote to close a hearing to
    that day and one subsequent day (H. Res. 5, Jan. 14, 1975, p. 20).

    [[Page 424]]
    tee shall be automatically discharged from further consideration of the
    bill or resolution and the bill or resolution shall be placed on the
    appropriate calendar.

    Sec. 694c. Budget Act; 15day Referral to
    Appropriations.

        -  (2)  Whenever any bill or resolution which provides new
    spending authority described in section 401(c)(2)(C) of the
    Congressional Budget Act of 1974 is reported by a committee of the House
    and the amount of new budget authority which will be required for the
    fiscal year involved if such bill or resolution is enacted as so
    reported exceeds the appropriate allocation of new budget authority
    reported as described in clause 4(h) in connection with the most
    recently agreed to concurrent resolution on the budget for such fiscal
    year, such bill or resolution shall then be referred to the Committee on
    Appropriations with instructions to report it, with the committee's
    recommendations and (if the committee deems it desirable) with an
    amendment limiting the total amount of new spending authority provided
    in the bill or resolution, within 15 calendar days (not counting any day
    on which the House is not in session) beginning with the day following
    the day on which it is so referred. If the Committee on Appropriations
    fails to report the bill or resolution within such 15-day period, the
    commit

          (3) In addition, the Committee on Appropriations shall study on a
    continuing basis those provisions of law which (on the first day of the
    first fiscal year for which the congressional budget process is
    effective) provide spending authority or permanent budget authority and
    shall report to the House from time to time its recommendations for
    terminating or modifying such provisions.

      Subparagraph (2) first became effective on July 12, 1974 by inclusion
    in section 401(b)(2) of the Congressional Budget Act of 1974 (88 Stat.
    317), was incorporated into the rules effective January 3, 1975 (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470), and was amended in the 95th
    Congress to correct an error in cross-reference (H. Res. 5, Jan. 4,
    1977, pp. 53-70). Subparagraph (3) was also contained in the
    Congressional Budget Act of 1974 in section 402(f), and was likewise
    incorporated into the rules effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470).

    Sec. 695. Budget.

      (b)  The Committee on the Budget shall have
    the duty--

          (1) to review on a continuing basis the conduct by the
    Congressional Budget Office of its functions and duties;

          (2) to hold hearings, and receive testimony from Members of
    Congress and such appropriate representatives of Federal departments and
    agencies, the general public, and national organizations as it deems
    desirable, in developing the concurrent resolutions on the budget for
    each fiscal year;

    [[Page 425]]
    the reporting of reconciliation bills and resolutions when so required;
          (3) to make all reports required of it by the Congressional Budget
    Act of 1974, including

          (4) to study on a continuing basis those provisions of law which
    exempt Federal agencies or any of their activities or outlays from
    inclusion in the Budget of the United States Government, and to report
    to the House from time to time its recommendations for terminating or
    modifying such provisions; and

          (5) to study on a continuing basis proposals designed to improve
    and facilitate methods of congressional budget-making, and to report to
    the House from time to time the results of such study together with its
    recommendations.

      Paragraph (b)(1) became a part of the rules on July 12, 1974 by
    enactment of section 101(c) of the Congressional Budget Act of 1974 (88
    Stat. 300). Subparagraph (2), contained in section 301(d) of that Act,
    subparagraph (3), subparagraph (4), contained in section 606 of that
    Act, and subparagraph (5), contained in section 703 of that Act, all
    were made part of the rules effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470). Paragraph (b)(2) was amended in the 99th
    Congress by section 232 of the Balanced Budget and Emergency Deficit
    Control Act of 1985 (P.L. 99-177, Dec. 12, 1985) to remove reference to
    the first concurrent resolution on the budget.

    Sec. 696. Government Reform and Oversight.

      (c)(1)  The
    Committee on Government Reform and Oversight shall have the general
    function of--

    [[Page 426]]

              (A) receiving and examining reports of the Comptroller General
    of the United States and of submitting such recommendations to the House
    as it deems necessary or desirable in connection with the subject matter
    of such reports;

              (B) evaluating the effects of laws enacted to reorganize the
    legislative and executive branches of the Government; and

              (C) studying intergovernmental relationships between the
    United States and the States and municipalities, and between the United
    States and international organizations of which the United States is a
    member.

          (2) In addition to its duties under subparagraph (1), the
    Committee on Government Reform and Oversight may at any time conduct
    investigations of any matter without regard to the provisions of clause
    1, 2, or 3 (or this clause) conferring jurisdiction over such matter
    upon another standing committee. The committee's findings and
    recommendations in any such investigation shall be made available to the
    other standing committee or committees having jurisdiction over the
    matter involved (and included in the report of any such other committee
    when required by clause 2(l)(3) of rule XI).

    <>   (d) The Committee on House
    Oversight shall have the function of--
      Paragraph (c)(1) became effective January 2, 1947 as part of the
    Legislative Reorganization Act of 1946 (60 Stat. 812). Paragraph (c)(2)
    was made a function of the Committee on Government Operations (now
    Government Reform and Oversight) effective January 3, 1975 (H. Res. 988,
    93d Cong., Oct. 8, 1974, p. 34470). The Committee was renamed in the
    104th Congress (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. ----).

    [[Page 427]]
    cooperation with the Senate, examining all bills and joint resolutions
    which shall have passed both Houses to see that they are correctly
    enrolled, <> forthwith presenting
    those which originated in the House to the President of the United
    States in person after their signature by the Speaker of the House and
    the President of the Senate and reporting the fact and date of such
    presentation to the House; and
      (1) examining all bills, amendments, and joint resolutions after
    passage by the House and, in

    Sec. 697c. Direction of Officers.

      (2)  providing policy
    direction for, and oversight of, the Clerk, Sergeant-at-Arms, Chief
    Administrative Officer, and Inspector General.

    [[Page 428]]
    termination and accounting for funds of any legislative service
    organization in existence on January 3, 1995 (sec. 222, H. Res. 6, Jan.
    4, 1995, p. ----).

      The requirements set forth in paragraph (d)(1) were originally the
    responsibility of the Committee on Enrolled Bills created in 1789 (IV,
    4350), and became the responsibility of the Committee on House
    Administration (now House Oversight) when that Committee was created
    effective January 2, 1947 as part of the Legislative Reorganization Act
    of 1946 (60 Stat. 812). The Committee's duty to arrange for memorial
    services of Members was eliminated from the rules effective January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), when paragraph
    (d)(3) required the Committee to provide a committee scheduling service.
    The use of that service, provided through House Information Systems, was
    made mandatory on all committees and subcommittees in the 97th Congress
    (H. Res. 5, Jan. 5, 1981, pp. 98-113), but the requirement was stricken
    altogether when two provisions were added by section 10 of the House
    Administrative Reform Resolution of 1992 (H. Res. 423, 102d Cong., Apr.
    9, 1992, p. ----) to ensure the orderly transfer of functions and
    entities from elected officers to the Director of Non-legislative and
    Financial Services and to provide for policy direction and oversight of
    both administrative officials and elected officers. In the 104th
    Congress the rule was amended (1) to reflect the change in the name of
    the Committee on House Administration to the Committee on House
    Oversight and (2) to reflect the abolishment of the Director of Non-
    legislative and Financial Services (sec. 201, H. Res. 6, Jan. 4, 1995,
    p. ----). The 104th Congress also prohibited the establishment or
    continuation of any legislative service organization (as that term had
    been understood in the 103d Congress) and directed the Committee on
    House Oversight to take such steps as were necessary to ensure an
    orderly

    [[Page 429]]
    responsibilities, which may have been disclosed in a committee
    investigation; (D) to give consideration to the request of any Member,
    officer, or employee of the House for an advisory opinion with respect
    to the general propriety of any current or proposed conduct of such
    Member, officer, or employee and, with appropriate deletions to assure
    the privacy of the individual concerned, to publish such opinion for the
    guidance of other Members, officers, and employees of the House; and (E)
    to give consideration to the request of any Member, officer, or employee
    of the House for a written waiver in exceptional circumstances with
    respect to clause 4 of rule XLIII.

    Sec. 698.
    Standards of Official Conduct; additional duties.

      (e)(1) The Committee on Standards of Official Conduct is authorized:
    (A) to recommend to the House from time to time such  administrative
    actions as it may deem appropriate to establish or enforce standards of
    official conduct for Members, officers, and employees of the House, and
    any letter of reproval or other administrative action of the committee
    pursuant to an investigation under subdivision (B) shall only be issued
    or implemented as a part of a report required by such subdivision; (B)
    to investigate, subject to subparagraph (2) of this paragraph, any
    alleged violation, by a Member, officer, or employee of the House, of
    the Code of Official Conduct or of any law, rule, regulation, or other
    standard of conduct applicable to the conduct of such Member, officer,
    or employee in the performance of his duties or the discharge of his
    responsibilities, and after notice and hearing (unless the right to a
    hearing is waived by the Member, officer, or employee), shall report to
    the House its findings of fact and recommendations, if any, upon the
    final disposition of any such investigation, and such action as the
    committee may deem appropriate in the circumstances; (C) to report to
    the appropriate Federal or State authorities, with the approval of the
    House, any substantial evidence of a violation, by a Member, officer, or
    employee of the House, of any law applicable to the performance of his
    duties or the discharge of his

      (2)(A) No resolution, report, recommendation, or advisory opinion
    relating to the official conduct of a Member, officer, or employee of
    the House shall be made by the Committee on Standards of Official
    Conduct, and no investigation of such conduct shall be undertaken by
    such committee, unless approved by the affirmative vote of a majority of
    the members of the committee.

      (B) Except in the case of an investigation undertaken by the committee
    on its own initiative, the committee may undertake an investigation
    relating to the official conduct of an individual Member, officer, or
    employee of the House of Representatives only--

    [[Page 430]]
    Member of the House and transmitted to the committee by such Member, or
              (i) upon receipt of a complaint, in writing and under oath,
    made by or submitted to a

              (ii) upon receipt of a complaint, in writing and under oath,
    directly from an individual not a Member of the House if the committee
    finds that such complaint has been submitted by such individual to not
    less than three Members of the House who have refused, in writing, to
    transmit such complaint to the committee.

      (C) No investigation shall be undertaken by the committee of any
    alleged violation of a law, rule, regulation, or standard of conduct not
    in effect at the time of the alleged violation; nor shall any
    investigation be undertaken by the committee of any alleged violation
    which occurred before the third previous Congress unless the committee
    determines that the alleged violation is directly related to any alleged
    violation which occurred in a more recent Congress.

    [[Page 431]]

      (D) A member of the committee shall be ineligible to participate, as a
    member of the committee, in any committee proceeding relating to his or
    her official conduct. In any case in which a member of the committee is
    ineligible to act as a member of the committee under the preceding
    sentence, the Speaker of the House shall designate a Member of the House
    from the same political party as the ineligible member of the committee
    to act as a member of the committee in any committee proceeding relating
    to the official conduct of such ineligible member.

      (E) A member of the committee may disqualify himself from
    participating in any investigation of the conduct of a Member, officer,
    or employee of the House upon the submission in writing and under oath
    of an affidavit of disqualification stating that he cannot render an
    impartial and unbiased decision in the case in which he seeks to
    disqualify himself. If the committee approves and accepts such affidavit
    of disqualification, the chairman shall so notify the Speaker and
    request the Speaker to designate a Member of the House from the same
    political party as the disqualifying member of the committee to act as a
    member of the committee in any committee proceeding relating to such
    investigation.

      (F) No information or testimony received, or the contents of a
    complaint or the fact of its filing, shall be publicly disclosed by any
    Committee or staff member unless specifically authorized in each
    instance by a vote of the full Committee.

      The investigative authority contained in paragraph (e) was first
    conferred upon the Committee in the 90th Congress (H. Res. 1099, Apr. 3,
    1968, p. ----) and, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470), the former requirement in paragraph (e)(2)(A)
    that seven committee members must authorize an investigation, was
    changed to permit a majority of the Committee to provide that
    authorization. Subparagraph (E) was added on January 4, 1977 (H. Res. 5,
    95th Cong., pp. 53-70), to provide a mechanism for a committee member to
    disqualify himself from participating in an investigation, and
    subparagraph (F) was added on January 15, 1979 (H. Res. 5, 96th Cong.,
    p. 8).

    [[Page 432]]
    respecting the final disposition of a matter in which it votes to
    undertake an investigation; (3) a new subparagraph (1)(E) was added to
    empower the Committee to consider requests that the rule restricting the
    acceptance of gifts be waived in exceptional circumstances; and (4)
    subparagraph (2)(C) was amended to set a general limitation on actions
    for committee consideration of ethics matters. In addition, the Act
    contains free-standing provisions requiring (1) that the respective
    party caucuses nominate seven majority and seven minority members
    (although in the 104th Congress only five returning majority and five
    returning minority members were initially elected (H. Res. 41, H. Res.
    42, Jan. 20, 1995, p. ----)), (2) that the Committee adopt rules
    establishing investigative and adjudicative subcommittees, and (3) that
    the Committee adopt rules establishing an Office on Advice and Education
    (see sec. 803(b), (c), (d), and (i), P.L. 101-194, Nov. 30, 1989). The
    texts of those provisions follow:

     ``Sec. 803. Reforms Respecting the Committee on Standards of Official
      Clause 4(e) was amended in several particulars by the Ethics Reform
    Act of 1989 (P.L. 101-194): (1) subparagraph (1)(A) was amended to
    enable a letter of reproval or other administrative action of the
    Committee to be implemented as part of a report to the House, with no
    action required of the House; (2) subparagraph (1)(B) was amended to
    require the Committee to report to the House its findings of fact and
    any recommendations

                                   Conduct.--

                                      * * *

      ``(b) committee composition.--The respective party caucus or
    conference of the House of Representatives shall each nominate to the
    House of Representatives at the beginning of each Congress 7 members to
    serve on the Committee on Standards of Official Conduct.

      ``(c) investigative subcommittees.--The Committee on Standards of
    Official Conduct shall adopt rules providing--

              ``(1) for the establishment of a 4 or 6-member investigative

            subcommittee (with equal representation from the majority and

            minority parties) whenever the committee votes to undertake any

            investigation;

              ``(2) that the senior majority and minority members on an

            investigative subcommittee shall serve as the chairman and

            ranking minority member of the subcommittee; and

              ``(3) that the chairman and ranking minority member of the

            full committee may only serve as non-voting, ex officio members

            on an investigative subcommittee.
    ``Clause 5(d) of rule XI of the Rules of the House of Representatives
    shall not apply to any investigative subcommittee.

      ``(d) adjudicatory subcommittees.--The Committee on Standards of
    Official Conduct shall adopt rules providing--

              ``(1) that upon the completion of an investigation, an

            investigative subcommittee shall report its findings and

            recommendations to the committee;

              ``(2) that, if an investigative subcommittee by majority vote

            of its membership adopts a statement of alleged violation, the

            remaining members of the committee shall comprise an

    [[Page 433]]
            adjudicatory sub

            committee to hold a disciplinary hearing on the violation alleged in

            the statement;

              ``(3) that any statement of alleged violation and any written

            response thereto shall be made public at the first meeting or

            hearing on the matter which is open to the public after the

            respondent has been given full opportunity to respond to the

            statement in accordance with committee rules, but, if no public

            hearing or meeting is held on the matter, the statement of

            alleged violation and any written response thereto shall be

            included in the committee's final report to the House of

            Representatives as required by clause 4(e)(1)(B) of rule X of

            the Rules of the House of Representatives;

              ``(4) that a quorum for an adjudicatory subcommittee for the

            purpose of taking testimony and conducting any business shall

            consist of a majority of the membership of the subcommittee plus

            one; and

              ``(5) that an adjudicatory subcommittee shall determine, after

            receiving evidence, whether the counts in the statement have

            been proved and shall report its findings to the committee.
    ``Clause 5(d) of rule XI of the Rules of the House of Representatives
    shall not apply to any adjudicatory subcommittee.

                                      * * *

      ``(i) advice and education.--(1) The Committee on Standards of
    Official Conduct shall establish within the Committee an Office on
    Advice and Education (hereinafter in this subsection referred to as the
    `Office') under the supervision of the chairman.

              ``(2) The Office shall be headed by a director who shall be

            appointed by the chairman, in consultation with the ranking

            minority member, and shall be comprised of such staff as the

            chairman determines is necessary to carry out the

            responsibilities of the Office.

              ``(3) The primary responsibilities of the Office shall

            include:

                      ``(A) Providing information and guidance to Members,

                    officers and employees of the House regarding any laws,

                    rules, regulations, and other standards of conduct

                    applicable to such individuals in their official

                    capacities, and any interpretations and advisory

                    opinions of the committee.

                      ``(B) Submitting to the chairman and ranking minority

                    member of the committee any written request from any

                    such Member, officer or employee for an interpretation

                    of applicable laws, rules, regulations, or other

                    standards of conduct, together with any recommendations

                    thereon.

                      ``(C) Recommending to the committee for its

                    consideration formal advisory opinions of general

                    applicability.

                      ``(D) Developing and carrying out, subject to the

                    approval of the chairman, periodic educational briefings

                    for Members, officers and employees of the House on

                    those laws, rules, regulations, or other standards of

                    conduct applicable to them.

    [[Page 434]]

              ``(4) No information provided to the Committee on Standards of

            Official Conduct by a Member, officer or employee of the House

            of Representatives when seeking advice regarding prospective

            conduct of such Member, officer or employee may be used as the

            basis for initiating an investigation under clause 4(e)(1)(B) of

            rule X of the Rules of the House of Representatives, if such

            Member, officer or employee acts in accordance with the written

            advice of the committee.''.

      On occasions where the House has directed the Committee to conduct
    specific investigations by separate resolution, it has authorized the
    Committee to take depositions with one Member present, notwithstanding
    clause 2(h)(1) of rule XI, to serve subpoenas within or without the
    United States, and to participate by special counsel in relevant
    judicial proceedings (see H. Res. 252, 95th Cong., Feb. 9, 1977, pp.
    3966-75; H. Res. 608, Mar. 27, 1980, pp. 6995-98; H. Res. 254, June 30,
    1983, p. 18279), and to investigate persons other than Members, officers
    and employees with expanded subpoena authority (see H. Res. 1054, 94th
    Cong., Mar. 3, 1976, pp. 5165-68). By unanimous consent the Committee
    was authorized to receive evidence and take testimony before a quorum of
    one of its Members for the remainder of the second session of the 100th
    Congress (Oct. 13, 1988, p. 30467). By resolutions considered as
    questions of the privileges of the House, the Committee has been
    directed to investigate illegal solicitation of political contributions
    in the House Office Building by unnamed sitting Members (July 10, 1985,
    p. 18397); to review GAO audits of the operations of the ``bank'' in the
    Office of the Sergeant-at-Arms (Oct. 3, 1991, p. ----), to disclose the
    names and pertinent account information of Members and former Members
    found to have abused the privileges of that entity (Mar. 12, 1992, p. --
    --), and to disclose further account information respecting Members and
    former Members having checks held by that entity (Mar. 12, 1992, p. ----
    ); and to investigate violations of confidentiality by staff engaged in
    the investigation of the operation and management of the Office of the
    Postmaster (July 22, 1992, p. ----). In compliance with one such
    direction of the House, the Acting Chairman of the Committee on
    Standards of Official Conduct inserted in the Record names and pertinent
    account information of Members and former Members found to have abused
    the privileges of the ``bank'' in the Office of the Sergeant-at-Arms (H.
    Res. 393, Apr. 1, 1992, p. ----).

    [[Page 435]]

      The committee has compiled statutory and rule-based ethical standards
    in the House Ethics Manual (102d Cong., 2d Sess.). In the Manual, the
    Committee incorporates its advisory opinions issued under clause
    4(e)(1)(D) of rule X, together with advisory opinions issued by the
    former Select Committee on Ethics, in its discussions of various ethical
    issues, including gifts, outside income, financial disclosure, staff
    rights and duties, official allowances and franking, casework
    considerations, campaign financing and practices, and involvement with
    official and unofficial organizations.

    Sec. 699a. Annual appropriations.

      (f)(1)  Each standing
    committee of the House shall, in its consideration of all bills and
    joint resolutions of a public character within its jurisdiction, insure
    that appropriations for continuing programs and activities of the
    Federal Government and the District of Columbia government will be made
    annually to the maximum extent feasible and consistent with the nature,
    requirements, and objectives of the programs and activities involved.
    For the purposes of this paragraph a Government agency includes the
    organizational units of government listed in clause 7(c) of rule XIII.

      (2) Each standing committee of the House shall review, from time to
    time, each continuing program within its jurisdiction for which
    appropriations are not made annually in order to ascertain whether such
    program could be modified so that appropriations therefor would be made
    annually.

      The provisions of paragraph (f) derive from section 253(c) of the
    Legislative Reorganization Act of 1970 (84 Stat. 1140), and were made
    part of the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p.
    144).

    [[Page 436]]
    authorized in all bills and resolutions within its jurisdiction which
    it intends to be effective during that fiscal year. The views and
    estimates submitted by the Committee on Ways and Means under the
    preceding sentence shall include a specific recommendation, made after
    holding public hearings, as to the appropriate level of the public debt
    which should be set forth in the concurrent resolution on the budget
    referred to in such sentence and serve as the basis for an increase or
    decrease in the statutory limit on such debt under the procedures
    provided by rule XLIX.

    Sec. 699b. Concurrent resolution
    on Budget.

      (g) Each standing committee of the House shall, on or before February
    25 of each year, submit to the Committee on the Budget (1) its views and
    estimates with respect to all  matters to be set forth in the concurrent resolution on the
    budget for the ensuing fiscal year which are within its jurisdiction or
    functions, and (2) an estimate of the total amounts of new budget
    authority, and budget outlays resulting therefrom, to be provided or

      (h) As soon as practicable after a concurrent resolution on the budget
    for any fiscal year is agreed to, each standing committee of the House
    (after consulting with the appropriate committee or committees of the
    Senate) shall subdivide any allocations made to it in the joint
    explanatory statement accompanying the conference report on such
    resolution, and promptly report such subdivisions to the House, in the
    manner provided by section 302 or section 602 (in the case of fiscal
    years 1991 through 1995) of the Congressional Budget Act of 1974.

    [[Page 437]]
    mit such recommendations to the Committee on the Budget, in accordance
    with the Congressional Budget Act of 1974.

    Sec. 699c. Reconciliation
    process.

      (i) Each standing committee of the House which is directed in a
    concurrent resolution on the budget to  determine and recommend changes in laws, bills, or
    resolutions under the reconciliation process shall promptly make such
    determination and recommendations, and report a reconciliation bill or
    resolution (or both) to the House or sub

      The requirements of paragraphs (g), (h), and (i) were originally
    contained in sections 301(c), 302(b), and 310(c) respectively of the
    Congressional Budget Act of 1974 (P.L. 93-344, July 12, 1974), and were
    incorporated into this rule effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470). The requirement in paragraph (g) that
    the Committee on Ways and Means include a specific recommendation as to
    the appropriate level of the public debt in its views and estimates
    submitted to the Committee on the Budget was added in the 96th Congress
    by Public Law 96-78 (93 Stat. 589) and was originally intended to apply
    to concurrent resolutions on the budget for fiscal years beginning on or
    after October 1, 1980. However, in the 96th Congress the provisions of
    that public law amending the rules of the House were made applicable to
    the third concurrent resolution on the budget for fiscal year 1980 as
    well as the first concurrent resolution on the budget for fiscal 1981
    (H. Res. 642, Apr. 23, 1980, pp. 8789-90). In the 99th Congress the
    requirement in paragraph (g) for submissions to the Committee on the
    Budget by March 15 was changed to February 25 by section 232(c) of the
    Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99-177,
    Dec. 12, 1985). Paragraph (h) was amended by the Budget Enforcement Act
    of 1990 (P.L. 101-508, tit. XIII, Nov. 5, 1990) to conform to the
    enactment of title VI of the Budget Act.

         Referral of Bills, Resolutions, and Other Matters to Committees

    Sec. 700. Referral procedures.

      5.  (a) Each bill, resolution,
    or other matter which relates to a subject listed under any standing
    committee named in clause 1 shall be referred by the Speaker in
    accordance with the provisions of this clause.

    [[Page 438]]
    vision and reporting to the House with respect thereto. Any precedents,
    rulings, and procedures in effect prior to the 94th Congress shall be
    applied with respect to referrals under this clause only to the extent
    that they will contribute to the achievement of the objectives of this
    clause.
      (b) Every referral of any matter under paragraph (a) shall be made in
    such manner as to assure to the maximum extent feasible that each
    committee which has jurisdiction under clause 1 over the subject matter
    of any provision thereof will have responsibility for considering such
    pro

      (c) In carrying out paragraphs (a) and (b) with respect to any matter,
    the Speaker shall designate a committee of primary jurisdiction; but
    also may refer the matter to one or more additional committees, for
    consideration in sequence (subject to appropriate time limitations),
    either on its initial referral or after the matter has been reported by
    the committee of primary jurisdiction; or may refer portions of the
    matter to one or more additional committees (reflecting different
    subjects and jurisdictions) for the consideration only of designated
    portions; or may refer the matter to a special ad hoc committee
    appointed by the Speaker with the approval of the House (with members
    from the committees having jurisdiction) for the specific purpose of
    considering that matter and reporting to the House thereon; or may make
    such other provisions as may be considered appropriate.

    [[Page 439]]
    on January 4, 1977 (H. Res. 5, pp. 53-70) to abolish the legislative
    jurisdiction in the House of the Joint Committee on Atomic Energy. The
    legislative jurisdiction of the Joint Committee was divided among the
    Committees on Armed Services (now National Security) (military
    applications of nuclear energy), Interior and Insular Affairs (now
    Resources) (regulation of the domestic nuclear energy industry, since
    transferred to the Committee on Commerce in the 104th Congress), Foreign
    Affairs (now International Relations) (nonproliferation of nuclear
    energy and international nuclear export agreements), Interstate and
    Foreign Commerce (now Commerce) (the same jurisdiction over nuclear
    energy as exercised over other energy), and Science and Technology (now
    Science) (nondefense nuclear research and development). In addition, the
    Committee on Interstate and Foreign Commerce (now Commerce) was given
    oversight jurisdiction over all laws, programs, and government
    activities affecting nuclear energy. Paragraph (e) was deleted entirely
    in the 97th Congress (H. Res. 5, Jan. 5, 1981, p. 98). At the same time
    the House deleted paragraph (d) which formerly required the
    Congressional Research Service of the Library of Congress to prepare
    factual descriptions of each bill or resolution introduced in the House
    to be published in the Congressional Record.
      This clause became effective as part of the rules on January 3, 1975
    (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Prior to that time a
    bill or resolution could not be divided for reference among two or more
    committees, although it contained matter properly within the
    jurisdiction of several committees (IV, 4361). Paragraph (c) was amended
    on January 4, 1977 (H. Res. 5, pp. 53-70) to authorize the Speaker to
    place an appropriate time limit for consideration by the first committee
    or committees to which referred. In the 104th Congress paragraph (c) was
    again amended to require the Speaker to initially designate a committee
    of primary jurisdiction in each referral of a measure to more than one
    committee (sec. 205, H. Res. 6, Jan. 4, 1995, p. ----). A paragraph (e)
    was added to the clause

      An order of the House that no organizational or legislative business
    be conducted on certain days (first by provision of a concurrent
    resolution, but extended by unanimous consent) was considered not to
    deprive Members of the privilege of introducing bills and resolutions
    during pro forma sessions on those days, such measures being numbered on
    the day introduced but not noted in the Record or referred to committee
    until the day on which business was resumed (H. Con. Res. 260, 102d
    Cong., Nov. 26, 1991, p. ----; see Jan. 22, 1992, p. ----, and Jan. 28,
    1992, p. ----).

    [[Page 440]]
    (Speaker Albert, June 1, 1976, p. 16588); may divide a matter for
    initial reference to committees and set (pursuant to the clause as
    amended in the 95th Congress) appropriate time limitations on the
    initial reference to each committee (Speaker O'Neill, Feb. 16, 1977, p.
    4532); may sequentially refer a bill reported by one committee, with a
    committee amendment, to another committee for consideration of the bill
    and amendment of the previous committee (Speaker O'Neill, Oct. 13, 1977,
    p. 33716); may sequentially refer to a third committee a portion of an
    amendment in the nature of a substitute recommended by one of two
    committees to which the bill had been referred, after the second
    committee reports the bill (Speaker O'Neill, May 22, 1985, p. 13126);
    may refer sequentially to two committees only a portion of the amendment
    reported by the primary committee for consideration of such provisions
    within that portion as fall within their respective jurisdictions
    (Speaker Wright, Sept. 9, 1987, p. 23648); may discharge a reported bill
    from the Union Calendar for sequential reference to another committee
    (Speaker O'Neill, Apr. 27, 1978, p. 11742; June 19, 1986, p. 14741; June
    12, 1990, p. 13670); may discharge a committee from the further
    consideration of a bill not reported by it within the time period for
    which the bill was referred by the Speaker and place the bill on the
    appropriate calendar (May 8, 1978, p. 12924); may jointly refer
    designated portions of a bill to a second committee while referring the
    entire bill to another committee (Speaker O'Neill, Mar. 3, 1982, p.
    3155); may delimit the period for sequential consideration of a bill in
    terms of legislative days (June 30, 1988, p. 16597); may sequentially
    refer a bill without day (Sept. 27, 1988, p. 25827); may sequentially
    refer a bill back to the first-reporting committee when it is reported
    from the second-reporting committee with a nongermane amendment within
    the jurisdiction of the first committee and not within the bounds of the
    initial referral (Oct. 4, 1988, p. 28242); and may refer a bill
    primarily to one committee (as now required by paragraph (c)) while also
    referring it initially to additional committees for time periods to be
    subsequently determined when the primary committee reports, in each case
    for consideration of matters within their respective jurisdictions
    (Speaker Gingrich, Jan. 4, 1995, p. ----).
      Pursuant to his authority under this clause, subject to paragraph (c),
    the Speaker may refer a bill to a special ad hoc committee appointed by
    him with the approval of the House (from the members of the committees
    with legislative jurisdiction) for consideration and report on that
    particular bill (Speaker Albert, Apr. 22, 1975, p. 11261); may jointly
    refer a report of a select committee filed with the Clerk to standing
    committees of the House for their study (Speaker Albert, Feb. 16, 1976,
    p. 3158); may divide a communication or bill for reference where the
    proposition is divisible by jurisdiction (Speaker Albert, Feb. 4, 1975,
    p. 2253); may refer a bill to more than one committee for their
    respective consideration of such provisions of the bill as fall within
    their jurisdiction (Speaker Albert, Feb. 25, 1976, p. 4315); may
    sequentially refer a bill reported from a committee to other committees
    for a time certain for consideration of such portions of the bill as
    fall within their respective jurisdictions (Speaker Albert, Apr. 9,
    1976, p. 10265; May 17, 1976, p. 14093); or may limit a sequential
    referral to matters having a direct effect on subjects within the
    committee's jurisdiction (Speaker O'Neill, June 7, 1983, p. 14699); and
    may extend the time period of a sequentially referred bill and may refer
    the bill to yet another committee under the same sequential referral
    conditions

    [[Page 441]]
    15, 1980, p. 7760). The Speaker first exercised the authority to base
    referrals on committee amendments by sequentially referring a bill
    reported from the Committee on Public Works and Transportation, relating
    only to Corps of Engineers water projects as introduced but amended in
    committee to address general water resource policy affecting irrigation
    and reclamation projects and soil conservation programs, to the
    Committees on Agriculture and Interior and Insular Affairs for
    consideration of provisions of the committee amendment within their
    jurisdiction (Speaker O'Neill, May 20, 1981, p. 10361). Thus the Speaker
    may sequentially refer 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 (Apr. 5,
    1982, p. 6580), may sequentially refer 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 (May
    18, 1982, p. 10418; Aug. 1, 1985, p. 22681), may discharge from the
    Union Calendar and sequentially refer to another committee a bill solely
    for consideration of designated portions of the first committee's
    amendment (May 21, 1982, p. 11169), and may sequentially refer a bill
    which has been initially referred to several committees but reported
    only by one, for consideration of the reporting committee's amendment
    (June 17, 1982, p. 14069; Sept. 5, 1990, p. ----), and may sequentially
    refer a bill referred to more than one committee when the first
    committee reports, for a period ending a number of days after the next
    committee reports (Speaker O'Neill, Aug. 1, 1985, p. 22681), or after
    all committees report (June 10, 1988, p. 14079).
      The Speaker announced a new application of his authority on sequential
    referrals in the 97th Congress, namely that the sequential referral of
    any bills or resolutions from a committee initially reporting a bill
    would be based upon the subject matter contained in any amendment
    recommended by the reporting committee, as well as upon the original
    text of the bill or resolution (Speaker O'Neill, Jan. 5, 1981, pp. 115,
    116), or, as announced in the 100th Congress, in certain cases, based
    only upon the text of a reported substitute amendment in lieu of
    original text (Speaker Wright, Jan. 6, 1987, p. 22). In the 96th
    Congress, the Speaker had followed a more restrictive policy, permitting
    a sequential committee to review (1) those portions of introduced text
    within its jurisdiction and (2) those portions of an amendment within
    its jurisdiction when the introduced version also dictated a sequential
    referral to the committee (Speaker O'Neill, Apr.

      On the last day of an expiring sequential referral, a committee has
    until midnight to file its report with the Clerk (Oct. 9, 1991, p. ----
    ).

    [[Page 442]]

      Before paragraph (c) was amended in the 104th Congress to require the
    Speaker to designate a committee of primary jurisdiction, the Speaker
    announced at the convening of the 98th Congress that he would exercise
    his authority, in situations which warranted it, to designate a primary
    committee among those to which a bill was jointly referred, and to
    impose time limits on committees having a secondary interest following
    the report of the primary committee under a joint referral (Speaker
    O'Neill, Jan. 3, 1983, p. 54; Jan. 5, 1993, p. ----). The Speaker may
    exercise this authority by referring a bill concurrently to two
    committees, with a time limit on one of the committees ending within a
    certain period after the other committee reports to the House (Jan. 27,
    1983, p. 937; Feb. 2, 1983, p. 1492; Apr. 9, 1987, p. 8665) or with a
    time limit on one committee ending with a date certain (Speaker O'Neill,
    July 31, 1985, p. 21936). In the 98th Congress, the Speaker exercised
    his authority under this clause to sequentially refer a joint resolution
    making continuing appropriations, reported as privileged by the
    Committee on Appropriations pursuant to clause 4(a) of rule XI, to the
    committee having legislative jurisdiction over a legislative provision
    in the resolution, without a time limitation on the sequential referral
    (H.J. Res. 367, Sept. 22, 1983, p. 25523).

      Pursuant to the Speaker's authority under clause 2 of rule XXIV,
    relating to messages from the Senate, he has discretionary authority to
    refer from the Speaker's table to standing committees, Senate amendments
    to House-passed bills, under any conditions permitted under clause 5 of
    rule X for introduced bills; he may for example impose a time limitation
    for consideration only of a portion of the Senate amendment, not germane
    to the original House bill, by the standing committee with subject-
    matter jurisdiction, without referring the remainder of the Senate
    amendment to the House committee with jurisdiction over the original
    House bill (Speaker O'Neill, H.R. 31, Mar 26, 1981, p. 5397). Beginning
    with the 98th Congress, the Speaker announced a policy of referring
    nongermane Senate amendments under certain conditions (Jan. 3, 1983, p.
    54; Jan. 5, 1993, p. ----).

      Resolutions authorizing the Speaker to establish an ad hoc committee
    for the consideration of a particular bill under paragraph (c) of this
    clause, and extending the reporting date for such a committee, are
    privileged when offered from the floor at the Speaker's request (Speaker
    Albert, Apr. 22, 1975, p. 11261, Jan. 26, 1976, p. 876; Speaker O'Neill,
    Jan. 11, 1977, pp. 894-98; Apr. 21, 1977, pp. 11550-56).

      The Speaker may refer to an ad hoc committee, established with the
    approval of the House, bills, resolutions, and other matters (including
    messages and communications) for the purpose of considering such matters
    and reporting to the House thereon, and the resolution creating such a
    committee may specify whether referrals to such a committee shall be by
    initial or sequential reference or by any of the other methods provided
    by this clause (H. Res. 508, Apr. 21, 1977, pp. 11550-56; Speaker
    O'Neill, July 11, 1977, p. 22183, July 20, 1977, p. 24167). Further,
    under clause 5(c), the Speaker may divide a bill into two or more parts
    for initial reference to different committees and may also jointly refer
    a portion of the bill to some of those committees, and may set
    appropriate time limitations for reporting by every standing committee
    to which the bill is initially referred (Speaker O'Neill, May 2, 1977,
    p. 13184).

     Election and Membership of Committees; Chairmen; Vacancies; Select and
      Clause 4 of rule XXII provides the mechanism for changes of referrals
    erroneously made.

                              Conference Committees

    [[Page 443]]
    spective party caucuses. It shall always be in order to consider
    resolutions recommended by the respective party caucuses to change the
    composition of standing committees.

    Sec. 701a. Electing committees.

      6.  (a)(1) The standing
    committees specified in clause 1 shall be elected by the House within
    the seventh calendar day beginning after the commencement of each
    Congress, from nominations submitted by the re

      (2) One-half of the members of the Committee on Standards of Official
    Conduct shall be from the majority party and one-half shall be from the
    minority party. No Member shall serve as a member of the Committee on
    Standards of Official Conduct during more than 3 Congresses in any
    period of 5 successive Congresses (disregarding for this purpose any
    service performed as a member of such committee for less than a full
    session in any Congress).

      The old rule entrusting the appointment of committees to the Speaker
    was adopted in 1789 and amended in 1790 and in 1860 (IV, 4448-4476).
    Committees are now elected on resolution offered from the floor (VIII,
    2171) and it is in order to move the previous question on each
    resolution (VIII, 2174). The resolution is not divisible (clause 6 of
    rule XVI), and is privileged (VIII, 2179, 2183). The requirement that
    nominations to standing committees be submitted by the respective party
    caucuses was made part of the rules effective January 3, 1975, by the
    Committee Reform Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470). That same resolution also eliminated the designations
    in the rules of the numbers of Members comprising the standing
    committees, thereby permitting the House to establish committee size by
    the numbers of Members elected to each committee pursuant to this
    paragraph. The role of the party caucuses in presenting privileged
    resolutions to the House electing Members to committees is discussed in
    detail in Deschler's Precedents, vol. 4, ch. 17, sec. 9.

    [[Page 444]]
    tence of subparagraph (2) was added by the Ethics Reform Act of 1989
    (P.L. 101-194, Nov. 30, 1989).

      The paragraph in this form became effective January 3, 1975 (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470). Prior to that date, the rule
    which established the size of the Committee on Standards of Official
    Conduct at 12 Members also required that six Members be elected from the
    majority and six from the minority party. In the 99th Congress, the
    requirement for early election of standing committees within the first
    seven calendar days and the conferral of privileged status on
    resolutions from the party caucuses to change the composition of
    standing committees were added in subparagraph (1) by section 227 of the
    Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99-177,
    Dec. 12, 1985). The second sen

    Sec. 701b. Party membership as basis for election.

      (b)(1) Membership on standing committees during the course of
    a  Congress
    shall be contingent on continuing membership in the party caucus or
    conference that nominated Members for election to such committees.
    Should a Member cease to be a member of a particular party caucus or
    conference, said Member shall automatically cease to be a member of a
    standing committee to which he was elected on the basis of nomination by
    that caucus or conference. The chairman of the relevant party caucus or
    conference shall notify the Speaker whenever a Member ceases to be a
    member of a party caucus or conference and the Speaker shall notify the
    chairman of each standing committee on which said Member serves, that in
    accord with this rule, the Member's election to such committee is
    automatically vacated.

    [[Page 445]]

      (2)(A) No Member, Delegate, or Resident Commissioner may serve
    simultaneously as a member of more than two standing committees or four
    subcommittees of the standing committees of the House, except that ex
    officio service by a chairman and ranking minority member of a committee
    on each of its subcommittees by committee rule shall not be counted
    against the limitation on subcommittee service. Any other exception to
    these limitations must be approved by the House upon the recommendation
    of the respective party caucus or conference.

      (B) For the purposes of this subparagraph, the term ``subcommittee''
    includes any panel (other than a special oversight panel of the
    Committee on National Security), task force, special subcommittee, or
    any subunit of a standing committee that is established for a cumulative
    period longer than six months in any Congress.

      The requirement that membership on standing committees be contingent
    on continuing membership in a party caucus or conference, along with the
    mechanism for the automatic vacating of a Member's election to committee
    should his party relationship cease, was added to the rules in the 98th
    Congress (H. Res. 5, Jan. 3, 1983, p. 34). In the 104th Congress,
    paragraph (b)(2) was added to limit each Member to two full committee
    assignments and four subcommittee assignments, absent House approval of
    any exception upon recommendation of the respective party caucus (sec.
    204, H. Res. 6, Jan. 4, 1995, p. ----; see H. Res. 11, Jan. 4, 1995, p.
    ----).

      The Speaker lays before the House communications relative to the
    removal of a Member from committee pursuant to this clause (Sept. 11,
    1984, p. 24790; Feb. 22, 1989, p. 2500; May 10, 1995, p. ----). The
    earlier practice was, and the most recent practice is, for the minority
    party to handle committee assignments for third-party Members (VIII,
    2184-2185; H. Res. 11, Jan. 4, 1995, p. ----). During the 102d and 103d
    Congresses, the majority leadership took that responsibility by separate
    resolution for a Member who had joined neither major party caucus (see,
    H. Res. 45, Jan. 24, 1991, p. ----).

    [[Page 446]]
    the chairman, the Member next in rank in the order named in the
    election of the committee, and so on, as often as the case shall happen,
    shall act as chairman; and in case of a permanent vacancy in the
    chairmanship of any such committee the House shall elect another
    chairman.

    Sec. 701c. Committee chairmen.

      (c)  One of the Members of
    each standing committee shall be elected by the House, from nominations
    submitted by the majority party caucus, at the commencement of each
    Congress, as chairman thereof. No Member may serve as the chairman of
    the same standing committee, or as the chairman of the same subcommittee
    thereof, for more than three consecutive Congresses, beginning with the
    One Hundred Fourth Congress (disregarding for this purpose any service
    for less than a full session in any Congress). In the temporary absence
    of

      The requirement that nominations for chairmen be submitted by the
    majority party caucus was made part of the rules effective January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The sentence
    addressing temporary and permanent vacancies in chairmanships was first
    adopted on April 5, 1911 (VIII, 2201), and was continued in the
    Legislative Reorganization Act of 1946 (60 Stat. 812). The 104th
    Congress added the sentence setting term limits for committee and
    subcommittee chairmen (sec. 103(b), H. Res. 6, Jan. 4, 1995, p. ----).
    In the 102d Congress a resolution included as a matter properly
    incidental to its election of the chairman of a standing committee a
    proviso that his powers and duties be exercised by the vice chairman
    until otherwise ordered by the House (H. Res. 43, Jan. 24, 1991, p. ----
    ; Feb. 6, 1991, p. ----).

    Sec. 701d. Requirement for subcommittees.

      (d)  No committee
    of the House shall have more than five subcommittees (except the
    Committee on Appropriations, which shall have no more than thirteen; the
    Committee on Government Reform and Oversight, which shall have no more
    than seven; and the Committee on Transportation and Infrastructure,
    which shall have no more than six).

      The present form of this paragraph was adopted in the 104th Congress
    (sec. 101(b), H. Res. 6, Jan. 4, 1995, p. ----), replacing a requirement
    that all standing committees having more than 20 members (except the
    Committee on the Budget) establish at least four subcommittees (H. Res.
    5, Jan. 14, 1975, p. 20).

    [[Page 447]]

      (e) All vacancies in standing committees shall be filled by election
    by the House from nominations, submitted by the respective party caucus
    or conference.

      This paragraph was first adopted in the 62d Congress (VIII, 2178). At
    the beginning of the 80th Congress it was amended to prevent a Member
    from serving on more than one standing committee, except that Members
    elected to serve on the Committees on District of Columbia or Un-
    American Activities (renamed the Committee on Internal Security and
    jurisdiction redefined on Feb. 19, 1969, p. 3723) could be elected to
    serve on not more than two standing committees, and that Members of the
    majority party, serving on the Committee on Expenditures in the
    Executive Departments (changed to Committee on Government Operations
    July 3, 1952, p. 9217) or House Administration could be elected to serve
    on not more than two standing committees. This limitation was continued
    through the 80th, 81st, and part of the 82d Congresses until July 3,
    1952 (p. 9217) when it was modified so that Members elected to serve on
    the Committees on the District of Columbia, Government Operations, Un-
    American Activities, or House Administration could be elected to serve
    on not more than two standing committees. It was restored to its
    original form by amendment on January 13, 1953 (pp. 368-69) so that
    there was no limitation in House rules on the number of committees to
    which a Member may be elected until the 104th Congress added paragraph
    (b)(2) (see Sec. 701b, supra). Party caucuses or conferences have also
    placed restrictions on committee assignments. The role of the respective
    party caucus or conference in making nominations to fill vacancies in
    standing committees was made part of the rule in the 98th Congress (H.
    Res. 5, Jan. 3, 1983, p. 34).

      Form of resolution electing a Member to a committee and fixing his
    rank thereon (Jan. 23, 1947, p. 536; H. Res. 157, May 25, 1995, p. ----
    ). The House by unanimous consent fixed the relative rank of two Members
    on a committee where an error had been made on the original appointment
    (Jan. 20, 1947, p. 481). The House has filled a vacancy on a standing
    committee (H. Res. 43, Jan. 24, 1991, p. ----) with a Member
    subsequently designated by his party caucus as ``temporary'' (in order
    to avoid caucus limitations on committee assignments) (Feb. 5, 1991, p.
    ----).

    [[Page 448]]
    Members who are primarily responsible for the legislation and shall, to
    the fullest extent feasible, include the principal proponents of the
    major provisions of the bill as it passed the House.

    Sec. 701e. Select and conference committees.

      (f)  The Speaker
    shall appoint all select and conference committees which shall be
    ordered by the House from time to time. At any time after an original
    appointment, the Speaker may remove Members or appoint additional
    Members to select and conference committees. In appointing members to
    conference committees the Speaker shall appoint no less than a majority
    of members who generally supported the House position as determined by
    the Speaker. The Speaker shall name

      The provision of paragraph (f) relating to select committees was
    adopted in 1880, and the provision in that paragraph relating to
    conference committees was first adopted in 1890, although the practice
    of leaving the appointment of conference committees to the Speaker had
    existed from the earliest years of the House's history (IV, 4470; VIII,
    2192).

      Prior to 1880 the House might take from the Speaker the appointment of
    a select committee (IV, 4448, 4470; VIII, 2192) and on several occasions
    did so in fact (IV, 4471-4476).

      In the earlier usage of the House the Member moving a select committee
    was appointed its chairman (II, 1275, III, 2342, IV, 4514-4516); but
    except for matters of ceremony, the inconvenience and even impropriety
    of the usage has caused it often to be disregarded in modern practice
    (IV, 4517-4523, 4671).

      It is within the discretion of the Chair as to whom he appoints as
    conferees (June 24, 1932, p. 13876; July 8, 1947, p. 8469), and a motion
    to instruct the Speaker as to the number and composition of a conference
    committee on the part of the House is not in order (VIII, 2193, 3221).
    The Speaker may fill a vacancy on a conference committee by appointment
    but may not accept a resignation from a conference committee absent an
    order of the House (Nov. 4, 1987, p. 30808).

      Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470), the Speaker was required to appoint a majority of members who
    generally supported the House position, as determined by him, to all
    conference committees.

    [[Page 449]]

      The last sentence of paragraph (f) was added in the 95th Congress (H.
    Res. 5, Jan. 4, 1977, pp. 53-70). Under that paragraph as amended, the
    Speaker must appoint as conferees Members who are ``primarily
    responsible for the legislation,'' but the exercise of his additional
    discretionary authority under that clause to (1) determine whether a
    majority of the conferees generally supported the House position and (2)
    to appoint to the maximum extent feasible the principal proponents of
    major provisions of the House-passed bill, is not subject to challenge
    on a point of order (Speaker O'Neill, Oct. 12, 1977, pp. 33434-35), and
    is not necessarily affected by a vote on a nonbinding motion to instruct
    House conferees (May 9, 1990, p. ----). On June 21, 1977, Speaker
    O'Neill first exercised his discretionary authority to appoint a
    principal proponent of an adopted floor amendment as an additional
    limited conferee on that issue (p. 20132).

      The second sentence of paragraph (f), authorizing the Speaker to add
    or remove conferees after his initial appointment, was added in the 103d
    Congress (H. Res. 5, Jan. 5, 1993, p. ----).

      The Speaker may appoint conferees from committees (1) which have not
    reported a measure, (2) which have jurisdiction over provisions of a
    non-germane Senate amendment to a House amendment to a Senate bill
    originally narrower in scope (Speaker O'Neill, Nov. 28, 1979, p. 33904),
    or (3) which have jurisdiction over provisions of an original Senate
    bill where the House amendment was narrower in scope (Speaker O'Neill,
    July 28, 1980, p. 19875; July 11, 1985, p. 18545). The Speaker may also
    appoint one who, although not a member of the committee of jurisdiction,
    is a principal proponent of the measure (Speaker Gingrich, Feb. 1, 1995,
    p. ----). The Speaker has appointed as sole conferees on a nongermane
    portion of a Senate bill or amendment only members from the committee
    having jurisdiction over the subject matter thereof (Speaker O'Neill,
    Aug. 27, 1980, pp. 23548-49; July 24, 1986, p. 17644), and also members
    from such committees as additional rather than exclusive conferees on
    other nongermane portions of the Senate bill (July 24, 1986, p. 17644).
    Where a comprehensive matter is committed to conference, the Speaker may
    appoint separate groups of conferees from several committees for
    concurrent or exclusive consideration of provisions within their
    respective jurisdictions (Feb. 7, 1990, p. 1522; May 9, 1990, p. 9830).
    Pursuant to paragraph (f) the Speaker may by the terms of his
    appointment empower a group of exclusive conferees to report in total
    disagreement (June 10, 1988, p. 14077; Sept. 20, 1989, p. 20955). In the
    102d Congress the Speaker reiterated his announced policy of simplifying
    conference appointments by noting on the occasion of a relatively
    complex appointment that, inasmuch as conference committees are ``select
    committees'' that dissolve when their report is acted upon, conference
    appointments should not be construed as jurisdictional precedent
    (Speaker Foley, June 3, 1992, p. ----).

    [[Page 450]]
    ference shall notify the Speaker whenever a Member ceases to be a
    member of a party caucus or conference and the Speaker shall notify the
    chairman of each select or joint committee on which said Member serves,
    that in accord with this rule, the Member's appointment to such
    committee is automatically vacated.

    Sec. 701f. Party membership as basis for
    appointment.

      (g)  Membership on select and joint committees during the
    course of a Congress shall be contingent on continuing membership in the
    party caucus or conference the Member was a member of at the time of his
    appointment to a select or joint committee. Should a Member cease to be
    a member of that caucus or conference, said Member shall automatically
    cease to be a member of any select or joint committee to which he is
    assigned. The chairman of the relevant party caucus or con

      This party membership requirement for select and joint committees
    analogous to paragraph (b) was added in the 98th Congress (H. Res. 5,
    1983, Jan. 3, 1983, p. 34).

    Sec. 701g. Delegates and Resident Commissioner.

      (h)  The
    Speaker may appoint the Resident Commissioner from Puerto Rico and
    Delegates to the House to any select committee and to any conference
    committee.

      Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470), the Speaker was authorized to appoint the Resident Commissioner
    from Puerto Rico and Delegates to be conferees by the addition of
    paragraph (h); that paragraph was further amended in the 96th Congress
    (H. Res. 5, Jan. 15, 1979, pp. 7-16) to authorize the Speaker to appoint
    the Resident Commissioner from Puerto Rico and Delegates to select
    committees as well, and was further amended in the 103d Congress to
    authorize the Speaker to appoint Delegates and the Resident Commissioner
    to serve at any conference (H. Res. 5, Jan. 5, 1993, p. ----).

    [House Rules Manual -- House Document No. 103-342]
    [Page 451-515]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-95]

    [[Page 451]]

    Sec. 702. Aging.

      A  paragraph (i) of this clause was
    incorporated into the rules effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470), to provide for a permanent Select
    Committee on Aging appointed by the Speaker pursuant to paragraph (f).
    That provision was stricken in the 103d Congress (H. Res. 5, Jan. 5,
    1993, p. ----).

                                    Rule XI.

                       RULES OF PROCEDURES FOR COMMITTEES.

                                   In General

    Sec. 703a. Committee procedure.

      1.  (a)(1) The Rules of the
    House are the rules of its committees and subcommittees so far as
    applicable, except that a motion to recess from day to day, and a motion
    to dispense with the first reading (in full) of a bill or resolution, if
    printed copies are available, are nondebatable motions of high privilege
    in committees and subcommittees.

      (2) Each subcommittee of a committee is a part of that committee, and
    is subject to the authority and direction of that committee and to its
    rules so far as applicable.

      Paragraph (a)(1) was first adopted December 8, 1931 (VIII, 2215), and
    amended March 23, 1955, pp. 3569, 3585. In the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144), paragraph (a)(2) was incorporated into the
    rules, together with the reference to subcommittees contained in
    paragraph (a)(1), having been contained in the Legislative
    Reorganization Act of 1970 (84 Stat. 1140). This clause was amended in
    the 99th Congress to allow a privileged motion in committee and
    subcommittee to dispense with the first reading of a measure where
    printed copies are available (H. Res. 7, Jan. 3, 1985, p. 393). See
    Jefferson's Manual at Sec. 412, supra, for the requirement that a bill
    or resolution be read in full upon demand, prior to being read by
    paragraphs of sections for amendment. Each committee may appoint
    subcommittees (VI, 532), which should include majority and minority
    representation (IV, 4551), and confer on them powers delegated to the
    committee itself (VI, 532) except such powers as are reserved to the
    full committee by the rules of the House; but express authority has also
    been given subcommittees by the House (III, 1754-1759, 1801, 2499, 2504,
    2508, 2517; IV, 4548).

    [[Page 452]]
    sponsibilities under rule X, and (subject to the adoption of expense
    resolutions as required by clause 5) to incur expenses (including travel
    expenses) in connection therewith.

    Sec. 703b. Investigative authority.

      (b)  Each committee is
    authorized at any time to conduct such investigations and studies as it
    may consider necessary or appropriate in the exercise of its re

    Sec. 703c. Printing and binding.

      (c)  Each committee is
    authorized to have printed and bound testimony and other data presented
    at hearings held by the committee. All costs of stenographic services
    and transcripts in connection with any meeting or hearing of a committee
    shall be paid from the contingent fund of the House.

    Sec. 703d. Activity reports.

      (d)(1)  Each committee shall
    submit to the House not later than January 2 of each odd-numbered year,
    a report on the activities of that committee under this rule and rule X
    during the Congress ending on January 3 of such year.

      (2) Such report shall include separate sections summarizing the
    legislative and oversight activities of that committee during that
    Congress.

      (3) The oversight section of such report shall include a summary of
    the oversight plans submitted by the committee pursuant to clause 2(d)
    of rule X, a summary of the actions taken and recommendations made with
    respect to each such plan, and a summary of any additional oversight
    activities undertaken by that committee, and any recommendations made or
    actions taken thereon.

    [[Page 453]]
    tee on Rules. Paragraph (c) was also made part of the rules on that
    date. The provisions of paragraph (d)(1) were first made requirements of
    the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144,
    incorporating the provisions of sec. 118(b) of the Legislative
    Reorganization Act of 1970 (84 Stat. 1140)), and effective on January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470) exemptions from
    the reporting requirements for the Committees on Appropriations, the
    Budget, House Administration, Rules and Standards of Official Conduct
    were removed, so the paragraph from that point applied to all
    committees. The 104th Congress added subparagraphs (d)(2) and (3) to
    require that activity reports include separate sections on legislative
    and oversight activities, including a summary comparison of oversight
    plans and eventual recommendations and actions (sec. 203(b), H. Res. 6,
    Jan. 4, 1995, p. ----).
      Paragraph (b) was incorporated into the rules under the Committee
    Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470), and, together with clauses 2(m) and 2(n)
    of rule XI, eliminated the necessity that each committee obtain such
    authority each Congress by a separate resolution reported from the
    Commit

      Under the Unfunded Mandates Reform Act of 1995, effective on January
    1, 1996, or 90 days after appropriations are made available to the
    Congressional Budget Office pursuant to that Act (whichever is earlier),
    the Committee on Rules is required to include in its activity report a
    separate item identifying all waivers of points of order relating to
    Federal mandates, listed by bill or joint resolution number and subject
    matter (sec. 107(b), P.L. 104-4; 109 Stat. 63).

    Adoption of written rules
                                 Committee Rules

    704a. Committee rules.

      2.  (a) Each standing committee of
    the House shall adopt written rules governing its procedure. Such
    rules--

          (1) shall be adopted in a meeting which is open to the public
    unless the committee, in open session and with a quorum present,
    determines by rollcall vote that all or part of the meeting on that day
    is to be closed to the public;

          (2) shall be not inconsistent with the Rules of the House or with
    those provisions of law having the force and effect of Rules of the
    House; and

    [[Page 454]]

    Each committee's rules specifying its regular meeting days, and any
    other rules of a committee which are in addition to the provisions of
    this clause, shall be published in the Congressional Record not later
    than thirty days after the committee is elected in each odd-numbered
    year. Each select or joint committee shall comply with the provisions of
    this paragraph unless specifically prohibited by law.

          (3) shall in any event incorporate all of the succeeding
    provisions of this clause to the extent applicable.

      The requirement that standing committees adopt written rules was first
    incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22,
    1971, p. 144), having been included in the Legislative Reorganization
    Act of 1970 (84 Stat. 1140). Under the Committee Reform Amendments of
    1974, clause 2(a) became effective in essentially its present form on
    January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). In the
    94th Congress subparagraph (1) was amended to permit a rollcall vote to
    close the committee meeting at which committee rules are adopted only on
    the day of the meeting (H. Res. 5, Jan. 14, 1975, p. 20). In the 102d
    Congress the clause was amended to allow a committee 30 days after the
    election of its members, rather than after the convening of the
    Congress, to publish its rules in the Congressional Record (H. Res. 5,
    Jan. 3, 1991, p. ----). Committees have historically adopted rules under
    which they function (I, 707; III, 1841, 1842; VIII, 2214). Committee
    rules are compiled by the Committee on Rules each Congress as a
    committee print. It is the responsibility of the committees, and not the
    House, to construe and enforce additional committee rules on the calling
    of committee meetings (Speaker Albert, July 22, 1974, pp. 24436-47). A
    Court has interpreted the statute, from which the last two sentences
    derive, providing for publication of committee rules in the
    Congressional Record, to be mandatory: where a Senate committee had
    adopted a rule setting one senator as a quorum for the purpose of taking
    sworn testimony, but had not published that rule in the Record by the
    date of the hearing, the rule was not valid at that time, and there was
    no ``competent'' tribunal before which alleged false testimony was given
    to support a perjury conviction. United States v. Reinecke, 524 F. 2d
    435 (1975).

    [[Page 455]]
    may in some instances be the basis for a point of order in the House,
    resulting in the recommitment of the bill. But a point of order does not
    ordinarily lie in the House against consideration of a bill by reason of
    defective committee procedures occurring prior to the time the bill is
    ordered reported to the House (Procedure, ch. 17, sec. 11.1).

    Sec. 704b. Committee Procedure generally.

      Failure  to follow
    certain procedural requirements imposed on committees by this rule may
    invalidate committee actions. Violation of the requirements as to open
    meetings and hearings and other hearing irregularities improperly
    overruled (see clause 2(g)(5) of rule XI) or the prescribed committee
    procedures for reporting bills and resolutions (clause 2(1) of rule XI)
    or failure to adhere to the prohibition against committees meeting
    without permission while the House is operating under the five-minute
    rule (clause 2(i) of rule XI)

      Many of the procedures applicable to committees derive from
    Jefferson's Manual, which govern the House and its committees in all
    cases to which they are applicable (rule XLII). A committee may act only
    when together, and not by separate consultation and consent, nothing
    being the report (or recommendation) of the committee except what has
    been agreed to in committee actually assembled (see Jefferson's Manual
    at Sec. 407, supra). A measure before a committee for consideration must
    be read for amendment by section as in the House (see Jefferson's Manual
    at Secs. 412-414), and reading of the measure and of amendments
    thereto must be in full. The procedures applicable in the House as in
    the Committee of the Whole (see Secs. 424 and 427, supra) generally
    apply to proceedings in committees of the House of Representatives,
    except that since a measure considered in committee must be read for
    amendment, a motion to limit debate under the five-minute rule in
    committee must be confined to the portion of the bill then pending. The
    previous question may only be moved on the measure in committee if the
    entire measure has been read, or considered as read, for amendment.

      Committees generally conduct their business under the five-minute rule
    but may employ the ordinary motions which are in order in the House,
    such as under clause 4 of rule XVI, and may also employ the motion to
    limit debate under the five-minute rule on a proposition which has been
    read.
    Regular meeting days

    [[Page 456]]

    Additional and special meetings

    705. Committee meetings.

      (b)  Each standing committee of the
    House shall adopt regular meeting days, which shall be not less frequent
    than monthly, for the conduct of its business. Each such committee shall
    meet, for the consideration of any bill or resolution pending before the
    committee or for the transaction of other committee business, on all
    regular meeting days fixed by the committee, unless otherwise provided
    by written rule adopted by the committee.

      (c)(1) The chairman of each standing committee may call and convene,
    as he or she considers necessary, additional meetings of the committee
    for the consideration of any bill or resolution pending before the
    committee or for the conduct of other committee business. The committee
    shall meet for such purpose pursuant to that call of the chairman.

    [[Page 457]]
    measure or matter to be considered; and only the measure or matter
    specified in that notice may be considered at that special meeting.
    Vice chairman or ranking majority Member to preside in absence of
      (2) If at least three members of any standing committee desire that a
    special meeting of the committee be called by the chairman, those
    members may file in the offices of the committee their written request
    to the chairman for that special meeting. Such request shall specify the
    measure or matter to be considered. Immediately upon the filing of the
    request, the clerk of the committee shall notify the chairman of the
    filing of the request. If, within three calendar days after the filing
    of the request, the chairman does not call the requested special
    meeting, to be held within seven calendar days after the filing of the
    request, a majority of the members of the committee may file in the
    offices of the committee their written notice that a special meeting of
    the committee will be held, specifying the date and hour of, and the
    measure or matter to be considered at, that special meeting. The
    committee shall meet on that date and hour. Immediately upon the filing
    of the notice, the clerk of the committee shall notify all members of
    the committee that such special meeting will be held and inform them of
    its date and hour and the

            chairman

      (d) A member of the majority party on any standing committee or
    subcommittee thereof designated by the chairman of the full committee
    shall be vice chairman of the committee or subcommittee, as the case may
    be, and shall preside at any meeting during the temporary absence of the
    chairman. If the chairman and vice chairman of the committee or
    subcommittee are not present at any meeting of the committee or
    subcommittee, the ranking member of the majority party who is present
    shall preside at that meeting.

      Paragraphs (b), (c), and (d) were first adopted on December 8, 1931
    (VIII, 2208), were amended on January 3, 1953 (p. 24), and were revised
    both by the Legislative Reorganization Act of 1970 (84 Stat. 1140) and
    in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). In the 102d
    Congress paragraph (d) was amended to provide that the ranking majority
    Member of each committee and subcommittee be designated as its vice-
    chairman (H. Res. 5, Jan. 3, 1991, p. ----). In the 104th Congress
    paragraph (d) was amended to permit the chairman of a full committee to
    designate vice-chairmen of the committee and its subcommittees (sec.
    223(c), H. Res. 6, Jan. 4, 1995, p. ----).

      A committee scheduled to meet on stated days, when convened on such
    day with a quorum present may proceed to the transaction of business
    regardless of the absence of the chairman (VIII, 2213, 2214).

    [[Page 458]]

    Committee records
      A committee meeting being adjourned for lack of a quorum, a majority
    of the members of the committee may not, without the consent of the
    chairman, call a meeting of the committee on the same day (VIII, 2213).

    706a. Required records.

      (e)(1)  Each committee shall keep a
    complete record of all committee action which shall include--

          (A) in the case of any meeting or hearing transcript, a
    substantially verbatim account of remarks actually made during the
    proceedings, subject only to technical, grammatical, and typographical
    corrections authorized by the person making the remarks involved; and

    Sec. 706b.
    Public availability.

          (B) a record of the votes on any question on which a rollcall vote
    is demanded.
    The result of each such rollcall vote shall be made available by the
    committee for inspection by the public at reasonable  times in the offices of the committee.
    Information so available for public inspection shall include a
    description of the amendment, motion, order, or other proposition and
    the name of each Member voting for and each Member voting against such
    amendment, motion, order, or proposition, and the names of those Members
    present but not voting.

    [[Page 459]]
    the House, no Member of the House (other than a member of such
    committee) shall have access thereto without the specific, prior
    approval of the committee.

    Sec. 706c. Committee files.

      (2)  All committee hearings,
    records, data, charts, and files shall be kept separate and distinct
    from the congressional office records of the Member serving as chairman
    of the committee; and such records shall be the property of the House
    and all Members of the House shall have access thereto, except that in
    the case of records in the Committee on Standards of Official Conduct
    respecting the conduct of any Member, officer, or employee of

      (3) Each committee shall include in its rules standards for
    availability of records of the committee delivered to the Archivist of
    the United States under rule XXXVI. Such standards shall specify
    procedures for orders of the committee under clause 3(b)(3) and clause
    4(b) of rule XXXVI, including a requirement that nonavailability of a
    record for a period longer than the period otherwise applicable under
    that rule shall be approved by vote of the committee.

      The first sentence of paragraph (e)(1) was rewritten entirely in the
    104th Congress (sec. 206, H. Res. 6, Jan. 4, 1995, p. ----). Its
    predecessor, requiring a complete record of all committee actions,
    including votes on any question on which a roll call was demanded, was
    enacted as section 133(b) of the Legislative Reorganization Act of 1946
    (60 Stat. 812) and made part of the standing rules on January 3, 1953
    (p. 24). The requirement that committee roll calls be subject to public
    inspection was added by section 104(b) of the Legislative Reorganization
    Act of 1970 (84 Stat. 1140) and made a part of the rules in the 92d
    Congress (H. Res. 5, Jan. 22, 1971, p. 144). Effective on January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), the requirement
    that proxy votes in committee be made available for public inspection
    was eliminated from this paragraph since proxies were prohibited as of
    that date, but in the 94th Congress clause 2(f) of rule XI was amended
    to permit proxies in committee, and this paragraph was likewise amended
    to reinsert the requirement of availability for public inspection (H.
    Res. 5, Jan. 14, 1975, p. 20). When proxy voting was again eliminated in
    the 104th Congress, the reference thereto in the third sentence of
    paragraph (e)(1) was deleted (sec. 104(b), H. Res. 6, Jan. 4, 1995, p.
    ----).

    [[Page 460]]

      Paragraph (e)(2) derives from section 202(d) of the Legislative
    Reorganization Act of 1946 (60 Stat. 812), was made a part of the rules
    in the 83d Congress (H. Res. 5, Jan. 3, 1953, p. 24), and was amended in
    the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) to restrict the
    access of Members to certain records of the Committee on Standards of
    Official Conduct. Paragraph (e)(3) was added in the 101st Congress (H.
    Res. 5, Jan. 3, 1989, p. 72).

      A Member's right to access to committee records under this clause does
    not entitle him to make photostatic copies of such records (Speaker
    Rayburn, Aug. 14, 1957, pp. 14737-39), and such records may not be
    brought into the well of the House if the committee has not authorized
    such action (Speaker Rayburn, June 3, 1960, p. 11820). Furthermore, such
    access allows a Member to examine executive session materials only in
    committee rooms and does not permit a Member to copy or to take personal
    notes from such materials, to keep such notes or copies in his personal
    office files, or to release such materials to the public without the
    consent of the committee or subcommittee under clause 2(k)(7) of rule XI
    (Speaker O'Neill, Dec. 6, 1977, pp. 38470-73). This clause allowing all
    Members access to committee records and materials which are the property
    of the House does not necessarily apply to records within the possession
    of the executive branch which the members of the committee have been
    allowed to examine under limited conditions at the discretion of the
    executive agency in possession of such materials (Speaker O'Neill, July
    31, 1980, p. 20765). Compare this clause with clause 7(c) of rule
    XLVIII, which only permits access of non-members of the Select Committee
    on Intelligence to classified information in the possession of that
    committee when authorized by that committee.

      While all Members have access to committee records under this clause,
    testimony or evidence taken in executive sessions of a committee is
    under the control and subject to the regulation of the committee and,
    under clause 2(k)(7) of rule XI (Sec. 712, infra), cannot be released
    without the consent of the committee (Speaker pro tempore Mills, June
    26, 1961, p. 11233; see also Procedure, ch. 17, sec. 15).

    Prohibition against proxy voting
      In implementing clause 2(e)(2), committees may prescribe regulations
    to govern the manner of access to their records, such as requiring
    examination only in committee rooms. See the rules of the Committees on
    the Budget, International Relations, and National Security, as compiled
    by the Committee on Rules.

    707. Ban on proxies.

      (f)  No vote by any member of any
    committee or subcommittee with respect to any measure or matter may be
    cast by proxy.

      The 104th Congress adopted paragraph (f) in this form (sec. 104, H.
    Res. 6, Jan. 4, 1995, p. ----). An earlier form of the provision was
    enacted as section 106(b) of the Legislative Reorganization Act of 1970
    (84 Stat. 1140) and made part of the standing rules in the 92d Congress
    (H. Res. 5, Jan. 22, 1971, p. 144).

    [[Page 461]]
    them and specifying the measures or matters to which they applied.
    Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470), proxies in committee were prohibited, but in the 94th Congress
    (H. Res. 5, Jan. 14, 1975, p. 20), the rule was amended to permit
    proxies in committees with additional restrictions requiring an
    assertion that the grantor was absent on official business or otherwise
    unable to attend, requiring the Member to sign and date the proxy, and
    permitting general proxies for procedural matters.
    Open meetings and hearings
      The original form of this paragraph permitted committees to adopt
    written rules permitting proxies in writing, designating the persons to
    execute

    [[Page 462]]

    708.

      (g)(1)  Each meeting for the transaction of business,
    including the markup of legislation, of each standing committee or
    subcommittee thereof shall be open to the public, including to radio,
    television, and still photography coverage, except as provided by clause
    3(f)(2), except when the committee or subcommittee, in open session and
    with a majority present, determines by rollcall vote that all or part of
    the remainder of the meeting on that day shall be closed to the public
    because disclosure of matters to be considered would endanger national
    security, would compromise sensitive law enforcement information, would
    tend to defame, degrade or incriminate any person, or otherwise would
    violate any law or rule of the House: Provided, however, That no person
    other than members of the committee and such congressional staff and
    such departmental representatives as they may authorize shall be present
    at any business or markup session which has been closed to the public.
    This paragraph does not apply to open committee hearings which are
    provided for by clause 4(a)(1) of rule X or by subparagraph (2) of this
    paragraph.

      (2) Each hearing conducted by each committee or subcommittee thereof
    shall be open to the public, including to radio, television, and still
    photography coverage, except when the committee or subcommittee, in open
    session and with a majority present, determines by rollcall vote that
    all or part of the remainder of that hearing on that day shall be closed
    to the public because disclosure of testimony, evidence, or other
    matters to be considered would endanger the national security, would
    compromise sensitive law enforcement information, or would violate any
    law or rule of the House of Representatives. Notwithstanding the
    requirements of the preceding sentence, a majority of those present,
    there being in attendance the requisite number required under the rules
    of the committee to be present for the purpose of taking testimony,

              (A) may vote to close the hearing for the sole purpose of
    discussing whether testimony or evidence to be received would endanger
    the national security, would compromise sensitive law enforcement
    information, or violate clause 2(k)(5) of rule XI; or

    [[Page 463]]
    series of hearings on a particular article of legislation or on a
    particular subject of investigation, to close its hearings to Members by
    the same procedures designated in this subparagraph for closing hearings
    to the public: Provided, however, That the committee or subcommittee may
    by the same procedure vote to close one subsequent day of hearing except
    that the Committee on Appropriations, the Committee on National
    Security, and the Permanent Select Committee on Intelligence and the
    subcommittees therein may, by the same procedure, vote to close up to
    five additional consecutive days of hearings.
              (B) may vote to close the hearing, as provided in clause
    2(k)(5) of rule XI.
    No Member may be excluded from nonparticipatory attendance at any
    hearing of any committee or subcommittee, with the exception of the
    Committee on Standards of Official Conduct, unless the House of
    Representatives shall by majority vote authorize a particular committee
    or subcommittee, for purposes of a particular

      (3) The chairman of each committee of the House (except the Committee
    on Rules) shall make public announcement of the date, place, and subject
    matter of any committee hearing at least one week before the
    commencement of the hearing. If the chairman of the committee, with the
    concurrence of the ranking minority member, determines there is good
    cause to begin the hearing sooner, or if the committee so determines by
    majority vote, a quorum being present for the transaction of business,
    the chairman shall make the announcement at the earliest possible date.
    Any announcement made under this subparagraph shall be promptly
    published in the Daily Digest and promptly entered into the committee
    scheduling service of the House Information Systems.

    [[Page 464]]
    of his or her appearance) a written statement of the proposed testimony
    and to limit the oral presentation at such appearance to a brief summary
    of his or her argument.
      (4) Each committee shall, insofar as is practicable, require each
    witness who is to appear before it to file with the committee (in
    advance

      (5) No point of order shall lie with respect to any measure reported
    by any committee on the ground that hearings on such measure were not
    conducted in accordance with the provisions of this clause; except that
    a point of order on that ground may be made by any member of the
    committee which reported the measure if, in the committee, such point of
    order was (A) timely made and (B) improperly overruled or not properly
    considered.

      (6) The preceding provisions of this paragraph do not apply to the
    committee hearings which are provided for by clause 4(a)(1) of rule X.

    [[Page 465]]
    3, 1983, p. 34). In the 104th Congress subparagraphs (1) and (2) were
    amended to require that meetings and hearings open to the public also be
    open to broadcast and photographic media; subparagraph (1) was further
    amended to permit closed meetings only on specified conditions and to
    delete an exception for meetings relating to internal budget or
    personnel matters; and subparagraph (2) was further amended to specify a
    new condition (sensitive law enforcement information) for closing
    hearings (sec. 105, H. Res. 6, Jan. 4, 1995, p. ----). Subparagraph (2)
    was also amended to reflect the new name of the Committee on National
    Security (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. ----).
      Subparagraphs (1) and (2) relating to open committee meetings and
    hearings, were first made part of the rules on March 7, 1973 (H. Res.
    259, 93d Cong., pp. 6713-20). They were amended in the 94th Congress (H.
    Res. 5, Jan. 14, 1975, p. 20), to limit to one day (in case of a
    committee meeting) or to one day plus one subsequent day (in the case of
    a hearing) the period during which a committee may close its session.
    They were again amended in the 95th Congress (H. Res. 5, Jan. 4, 1977,
    pp. 53-70), to require that a majority (rather than a quorum) be present
    when a committee or subcommittee votes to close a meeting or hearing and
    to provide that a non-committee Member cannot be excluded from a hearing
    except by a vote of the House. However, subparagraph (2) was amended in
    the 96th Congress (H. Res. 5, Jan. 15, 1979, p. 8) to permit a majority
    of those present under the rules of the committee for the purpose of
    taking testimony (not less than two Members as provided in clause
    2(h)(1) of rule XI) to vote to close a hearing either to discuss whether
    the testimony would endanger national security or would violate clause
    2(k)(5) of this rule, or to proceed to close the hearing as provided by
    clause 2(k)(5). In the 98th Congress subparagraph (2) was amended
    further to permit the Committees on Appropriations, Armed Services (now
    National Security), and Intelligence and their subcommittees, when
    voting in open session with a quorum present, to close a hearing on that
    particular day and for up to five additional days, for a total of not to
    exceed six days (H. Res. 5, Jan.

      Subparagraphs (3)-(6) derive from sections 111(b), 113(b), 115(b), and
    242(c) respectively of the Legislative Reorganization Act of 1970 (84
    Stat. 1140) and became part of the rules in the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144). Effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470), these provisions were inadvertently
    omitted from the rules, and were therefore reinserted in the 94th
    Congress (H. Res. 5, Jan. 14, 1975, p. 20). Subparagraph (3) was amended
    in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) to add the
    requirement of prompt entering of public notice of committee meetings
    into the committee scheduling service of the House Information Systems.
    Subparagraph (3) was again amended in the 104th Congress to permit the
    calling of a hearing on less than seven days' notice upon a
    determination of good cause either by the committee or subcommittee or
    by its chairman, with the concurrence of its ranking minority member (H.
    Res. 43, Jan. 31, 1995, p. ----).
    Quorum for taking testimony and certain other action-

    709. Quorum of two; of onethird.

      (h)(1)  Each committee may
    fix the number of its members to constitute a quorum for taking
    testimony and receiving evidence which shall be not less than two.

      (2) Each committee (except the Committee on Appropriations, the
    Committee on the Budget, and the Committee on Ways and Means) may fix
    the number of its members to constitute a quorum for taking any action
    other than the reporting of a measure or recommendation which shall be
    not less than one-third of the members.

    [[Page 466]]
    pp. 53-70) subparagraph (2) was added to authorize committees to fix a
    quorum less than a majority for certain other action. Under clause 2(g)
    of this rule, a majority of a committee or subcommittee must be present
    when a committee or subcommittee votes to close a meeting or hearing,
    under clause (m) of this rule a majority of a committee or subcommittee
    must be present to authorize and issue a subpoena, and under clause
    2(l)(2)(A) of this rule, a majority of a committee or subcommittee must
    be present to order a measure or recommendation reported.
      This paragraph when adopted on March 23, 1955, pp. 3569, 3585, only
    related to the authority of a committee to fix quorum of not less than
    two for taking testimony. In the 95th Congress (H. Res. 5, Jan. 4, 1977,

      By unanimous consent the Committee on Standards of Official Conduct
    was authorized to receive evidence and take testimony before a quorum of
    one of its Members for the remainder of the second session of the 100th
    Congress (Oct. 13, 1988, p. 30467).
    Limitation on committees' sittings

    710. Committees not to sit.

      (i)(1)  No committee of the
    House (except the Committee on Appropriations, the Committee on the
    Budget, the Committee on Rules, the Committee on Standards of Official
    Conduct, and the Committee on Ways and Means) may sit, without special
    leave, while the House is reading a measure for amendment under the
    five-minute rule. For purposes of this paragraph, special leave will be
    granted unless ten or more Members object; and shall be granted upon the
    adoption of a motion, which shall be highly privileged if offered by the
    majority leader, granting such leave to one or more committees.

      (2) No committee of the House may sit during a joint session of the
    House and Senate or during a recess when a joint meeting of the House
    and Senate is in progress.

    [[Page 467]]
    nization Act of 1970 (sec. 117(b); 84 Stat. 1140) and this revision was
    made part of the standing rules in the 92d Congress (H. Res. 5, Jan. 22,
    1971, p. 14). Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8,
    1974, p. 34470), the committees exempted from this clause were
    Appropriations, Budget, and Rules; and in the 95th Congress (H. Res. 5,
    Jan. 4, 1977, pp. 53-70), the Committee on Standards of Official Conduct
    was also exempted. The Committee on Ways and Means was traditionally
    permitted to sit during proceedings under the five-minute rule by
    unanimous consent granted each Congress (Jan. 29, 1975, p. 1677) until
    it was exempted from the rule in the 97th Congress (H. Res. 5, Jan. 5,
    1981, pp. 98-113). A provision that special leave to sit be granted if
    ten Members did not object was added to the clause in the 95th Congress
    (H. Res. 5, Jan. 4, 1977, pp. 53-70). An exemption for the Committee on
    House Administration and the prohibition against committee meetings
    during joint meetings or joint sessions were added in the 101st Congress
    (H. Res. 5, Jan. 3, 1989, p. 72). In the 103d Congress the prohibition
    against sitting during proceedings under the five-minute rule was
    stricken altogether (H. Res. 5, Jan. 5, 1993, p. ----), but in the 104th
    Congress the former rule was reinstated with exemptions for the
    Committees on Appropriations, the Budget, Rules, Standards of Official
    Conduct, and Ways and Means, and also with the provision for a
    privileged motion by the Majority Leader (sec. 208, H. Res. 6, Jan. 4,
    1995, p. ----). The majority leader controls one hour of debate on the
    privileged motion provided under this rule (Jan. 23, 1995, p. ----).
      A clause regulating when committees could sit had its origin in 1794.
    It was omitted from rule XI in the adoption of rules for the 80th
    Congress but remained effective as part of the Legislative
    Reorganization Act of 1946, the applicable provisions of which were
    continued as a part of the rules of the House. While the rule formerly
    prohibited committees from sitting at any time when the House was in
    session, it was narrowed to proscribe sittings during the five-minute
    rule by the Legislative Reorga

      At the organization of the 104th Congress, the Speaker reiterated
    policies first enunciated on March 3, 1983, concerning the entertainment
    and disposition of requests for leave to sit under this paragraph, to
    wit: (1) unanimous consent is required to grant permission for a day for
    which the legislative program has not been announced; (2) no request is
    entertained on a day when no vote is scheduled except one for hearings
    only, by unanimous consent, and with the concurrence of the ranking
    minority member; (3) no request is entertained during the 1-minute
    period except with the concurrence of the ranking minority member; (4)
    no request is entertained after the completion of legislative business
    for the day, i.e., after leaves of absence have been laid down or
    unanimous consent requests from the majority and minority tables have
    been entertained at the end of the day; and (5) after objection by 10
    Members, a request may not be renewed on the same day without assurance
    that the objections have been withdrawn (Speaker Gingrich, Jan. 4, 1995,
    p. ----).

    [[Page 468]]

    Calling and interrogation of witnesses
      Leave for a committee to sit during sessions of the House does not
    release its members from liability to arrest during a call of the House
    (IV, 3020). The Speaker declared a committee meeting void and directed a
    bill stricken from the calendar where it was shown that the committee
    reporting it had sat and ordered it reported during the session of the
    House without permission (Apr. 20, 1934, p.7057).

    711.

      (j)(1)  Whenever any hearing is conducted by any
    committee upon any measure or matter, the minority party Members on the
    committee shall be entitled, upon request to the chairman by a majority
    of them before the completion of the hearing, to call witnesses selected
    by the minority to testify with respect to that measure or matter during
    at least one day of hearing thereon.

      (2) Each committee shall apply the five-minute rule in the
    interrogation of witnesses in any hearing until such time as each member
    of the committee who so desires has had an opportunity to question each
    witness.

      Paragraph (j)(1) was contained in section 114(b) of the Legislative
    Reorganization Act of 1970 (84 Stat. 1140) and was made a part of the
    rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Paragraph
    (j)(2) was added to the rules on that latter date. While a majority of
    the minority members of a committee are entitled to call witnesses
    selected by the minority for at least one day of hearings, no rule of
    the House requires the calling of witnesses on opposing sides of an
    issue (Oct. 14, 1987, p. 27921).
    Investigative hearing procedures

    712.

      (k)(1)  The chairman at an investigative hearing shall
    announce in an opening statement the subject of the investigation.

      (2) A copy of the committee rules and this clause shall be made
    available to each witness.

    [[Page 469]]

      (3) Witnesses at investigative hearings may be accompanied by their
    own counsel for the purpose of advising them concerning their
    constitutional rights.

      (4) The chairman may punish breaches of order and decorum, and of
    professional ethics on the part of counsel, by censure and exclusion
    from the hearings; and the committee may cite the offender to the House
    for contempt.

      (5) Whenever it is asserted that the evidence or testimony at an
    investigatory hearing may tend to defame, degrade, or incriminate any
    person,

              (A) such testimony or evidence shall be presented in executive
    session, notwithstanding the provisions of clause 2(g)(2) of this rule,
    if by a majority of those present, there being in attendance the
    requisite number required under the rules of the committee to be present
    for the purpose of taking testimony, the committee determines that such
    evidence or testimony may tend to defame, degrade, or incriminate any
    person; and

              (B) the committee shall proceed to receive such testimony in
    open session only if a majority of the members of the committee, a
    majority being present, determine that such evidence or testimony will
    not tend to defame, degrade, or incriminate any person.
    In either case the committee shall afford such person an opportunity
    voluntarily to appear as a witness, and receive and dispose of requests
    from such person to subpoena additional witnesses.

    [[Page 470]]
    shall dispose of requests to subpoena additional witnesses.
      (6) Except as provided in subparagraph (5), the chairman shall receive
    and the committee

      (7) No evidence or testimony taken in executive session may be
    released or used in public sessions without the consent of the
    committee.

      (8) In the discretion of the committee, witnesses may submit brief and
    pertinent sworn statements in writing for inclusion in the record. The
    committee is the sole judge of the pertinency of testimony and evidence
    adduced at its hearing.

      (9) A witness may obtain a transcript copy of his testimony given at a
    public session or, if given at an executive session, when authorized by
    the committee.

    [[Page 471]]

    Committee procedures for reporting bills and resolutions
      The provisions of paragraph (k) were first incorporated into the rules
    on March 23, 1955, pp. 3569, 3585. The requirement of paragraph (k)(2)
    that a copy of committee rules be furnished to each witness was added in
    the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144), and the former
    requirement of paragraph (k)(9) that a witness must pay the cost of a
    transcript copy of his testimony was eliminated under the Committee
    Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470). Paragraph (k)(5) was amended in the 96th
    Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16) to permit a committee to
    hear testimony asserted to be defamatory in executive session upon a
    determination by a majority of those present that such testimony is
    indeed defamatory, degrading, or incriminating. The requirements of
    clause 2(g)(1) and (2) and of 2(m)(2)(A) of this rule that a majority of
    the committee or subcommittee shall constitute a quorum for the purposes
    of closing meetings or hearings or issuing subpoenas have been construed
    to require, under clause 2(k)(7) of this rule, that a majority shall
    likewise constitute a quorum to release or make public any evidence or
    testimony received in any closed meeting or hearing and any other
    executive session record of the committee or subcommittee. See also
    clauses 3(a) and 7(c)(2) of rule XLVIII, which provide that executive
    session material transmitted by the Intelligence Committee 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 clauses 7(c), (d), and (e) of that rule which prohibit
    disclosure of information provided to committees or Members of the House
    except in a secret session.

    713a. Chairman's duty.

      (l)(1)(A)  It shall be the duty of
    the chairman of each committee to report or cause to be reported
    promptly to the House any measure approved by the committee and to take
    or cause to be taken necessary steps to bring the matter to a vote.

    Sec. 713b. Filing by majority of Committee.

      (B)  In any
    event, the report of any committee on a measure which has been approved
    by the committee shall be filed within seven calendar days (exclusive of
    days on which the House is not in session) after the day on which there
    has been filed with the clerk of the committee a written request, signed
    by a majority of the members of the committee, for the reporting of that
    measure. Upon the filing of any such request, the clerk of the committee
    shall transmit immediately to the chairman of the committee notice of
    the filing of that request. This subdivision does not apply to a report
    of the Committee on Rules with respect to the rules, joint rules, or
    order of business of the House or to the reporting of a resolution of
    inquiry addressed to the head of an executive department.

    [[Page 472]]
    section 307 of the Congressional Budget Act of 1974 (88 Stat. 313),
    requiring the Committee on Appropriations to strive to complete
    committee action on all regular appropriation bills before reporting any
    of them to the House, and to submit a report comparing specified
    spending levels, but was repealed by section 232(e) of the Balanced
    Budget and Emergency Deficit Control Act of 1985 (P.L. 99-177, Dec. 12,
    1985). An obsolete reference in subdivision (B) to the former
    subdivision (C) was deleted in the 104th Congress (sec. 223(f), H. Res.
    6, Jan. 4, 1995, p. ----).
      Subdivision (1)(A) is from section 133(c) of the Legislative
    Reorganization Act of 1946 (60 Stat. 812) and was made a part of the
    standing rules on January 3, 1953 (p. 24). It is sufficient authority
    for the chairman to call up a bill on Calendar Wednesday (Speaker
    Rayburn, Feb. 22, 1950, p. 2162). Subdivision (1)(B) is derived from
    section 105 of the Legislative Reorganization Act of 1970 (84 Stat.
    1140) and was made part of the rules in the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144). A subdivision (1)(C) was added by the Committee
    Reform Amendments of 1974, effective Jan. 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470), to incorporate

      Committee reports must be submitted while the House is in session
    (with the exception of reports on certain budget resolutions under
    section 310(a) of the Congressional Budget Act (Sec. 1007, infra), and
    that requirement may be waived by unanimous consent only, and not by
    motion (Dec. 17, 1982, p. 31951).

    Sec. 713c. Requirement of quorum.

      (2)(A)  No measure or
    recommendation shall be reported from any committee unless a majority of
    the committee was actually present.

    Sec. 713d. Vote on reporting.

      (B)  With respect to each
    rollcall vote on a motion to report any measure or matter of a public
    character, and on any amendment offered to the measure or matter, the
    total number of votes cast for and against, and the names of those
    members voting for and against, shall be included in the committee
    report on the measure or matter.

    [[Page 473]]
    (H. Res. 5, Jan. 5, 1993, p. ----), but in the 104th Congress both of
    those features were deleted from the rule (sec. 207, H. Res. 6, Jan. 4,
    1995, p. ----).
      Subparagraph (2)(A) is from section 133(d) of the Legislative
    Reorganization Act of 1946 (60 Stat. 812) and was made a part of the
    rules on January 3, 1953 (p. 24). The point of order that a bill was
    reported from a committee without a formal meeting and a quorum present
    comes too late if debate has started on a bill in the House (VIII, 2223;
    Feb. 24, 1947, p. 1374). No committee report is valid unless authorized
    with a quorum of the committee actually present at the time the vote is
    taken (IV, 4584; VIII, 2211, 2212, 2221, 2222), and while Speakers have
    indicated that committee members may come and go during the course of
    the vote if the roll call indicates that a quorum was present (VIII,
    2222), where it is admitted that a quorum was not in the room at any
    time during the vote and the committee transcript does not show a quorum
    acting as a quorum, the Chair will sustain the point of order (VIII,
    2212). In the 103d Congress, clause 2(l)(2)(A) was amended to provide
    that responses to roll calls in committee be deemed contemporaneous and
    to require that a point of no quorum with respect to a committee report
    be timely asserted in committee or considered waived

      Where the committee transcript was not conclusive and the manager of
    the bill gave absolute assurance that a majority of the full committee
    was actually present when the bill was ordered reported the Speaker
    overruled a point of order made under subparagraph (2)(A) (Oct. 22,
    1987, p. 28807). A point of no quorum pending a committee vote on
    ordering a measure reported may provoke a quorum call requiring a
    majority of the committee to be present in the committee room. A
    committee may act only when together, nothing being the report of the
    committee except what has been agreed to in committee actually assembled
    (see Jefferson's Manual at Sec. 407, supra).

      The requirement of subparagraph (2)(B) was contained in section 104(b)
    of the Legislative Reorganization Act of 1970 (84 Stat. 1140), was
    incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22,
    1971, p. 144), and was restated in the 104th Congress to require that
    reports also reflect the total number of votes cast for and against any
    public measure or matter and any amendment thereto and the names of
    those voting for and against (sec. 209, H. Res. 6, Jan. 4, 1995, p. ----
    ). If the accompanying report erroneously reflects information required
    by this paragraph, a bill would be subject to a point of order against
    its consideration; however, a point of order would not lie if the error
    was introduced by the Government Printing Office (Jan. 19, 1995, p. ----
    ).

    [[Page 474]]
    the total estimated funding level for the relevant program (or
    programs) to the appropriate levels under current law; (C) the estimate
    and comparison prepared by the Director of the Congressional Budget
    Office under section 403 of such Act, separately set out and clearly
    identified, whenever the Director (if timely submitted prior to the
    filing of the report) has submitted such estimate and comparison to the
    committee; and (D) a summary of the oversight findings and
    recommendations made by the Committee on Government Reform and Oversight
    under clause 4(c)(2) of rule X separately set out and clearly identified
    whenever such findings and recommendations have been submitted to the
    legislative committee in a timely fashion to allow an opportunity to
    consider such findings and recommendations during the committee's
    deliberations on the measure.

    Sec. 713e. Content of reports.

      (3)  The report of any
    committee on a measure which has been approved by the committee shall
    include (A) the oversight findings and recommendations required pursuant
    to clause 2(b)(1) of rule X separately set out and clearly identified;
    (B) the statement required by section 308(a)(1) of the Congressional
    Budget Act of 1974, separately set out and clearly identified, if the
    measure provides new budget authority (other than continuing
    appropriations), new spending authority described in section 401(c)(2)
    of such Act, new credit authority, or an increase or decrease in
    revenues or tax expenditures, except that the estimates with respect to
    new budget authority shall include, when practicable, a comparison of

    [[Page 475]]

      The provisions of subparagraph (3) became effective January 3, 1975
    (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). The subparagraph was
    amended in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), to
    correct a cross-reference, and in the 103d Congress (H. Res. 5, Jan. 5,
    1993, p. ----) to correct the typographical transposition of a phrase.
    Subdivisions (B) and (C) are requirements of sections 308(a) and 403 of
    the Congressional Budget Act of 1974 (88 Stat. 297). Subdivision (B) was
    amended in the 99th Congress by section 232(f) of the Balanced Budget
    and Emergency Deficit Control Act of 1985 (P.L. 99-177, Dec. 12, 1985)
    to include new entitlement and credit authority in conformity with
    section 308(a)(1) of the Congressional Budget Act of 1974, as amended by
    that law. It was again amended in the 104th Congress to require
    estimates of new budget authority, when practicable, to compare the
    total estimated funding for the program to the appropriate level under
    current law (sec. 102(a), H. Res. 6, Jan. 4, 1995, p. ----). At the same
    time it was also amended to reflect the new name of the Committee on
    Government Reform and Oversight (sec. 202(b), H. Res. 6, Jan. 4, 1995,
    p. ----).

    Sec. 713f. Inflationary impact.

      (4)  Each report of a
    committee on each bill or joint resolution of a public character
    reported by such committee shall contain a detailed analytical statement
    as to whether the enactment of such bill or joint resolution into law
    may have an inflationary impact on prices and costs in the operation of
    the national economy.

      Subparagraph (4) became a part of the rules under the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470). If a point of order were sustained under this
    paragraph, the measure would be recommitted to the reporting committee
    (Feb. 13, 1995, p. ----).

    Sec. 713g. Application of laws to Legislative
    branch.

      Under  the Congressional Accountability Act of 1995, each report
    accompanying a bill or joint resolution relating to terms and conditions
    of employment or access to public services or accommodations must
    describe the manner in which the provisions apply to the Legislative
    branch or a statement of the reasons the provisions do not apply, and
    any Member may raise a point of order against the consideration of a
    bill or joint resolution not complying with this requirement (sec.
    102(b)(3), P.L. 104-1; 109 Stat. 6).

    Sec. 713h. Unfunded mandates.

      The  Unfunded Mandates Reform
    Act of 1995 (P.L. 104-4; 109 Stat. 48 et seq.) added a new part B to
    title IV of the Congressional Budget Act of 1974 (2 U.S.C. 658-658g)
    that, effective on January 1, 1996, or 90 days after appropriations are
    made available to the Congressional Budget Office pursuant to the 1995
    Act (whichever is earlier), imposes several requirements on committees
    with respect to measures effecting ``Federal mandates'' (secs. 423-424;
    2 U.S.C. 659b-c) and establishes points of order to enforce those
    requirements (sec. 425; 2 U.S.C. 658d). See Sec. 1007, infra.

    [[Page 476]]
    Sundays, and legal holidays) in which to file such views, in writing
    and signed by that member, with the clerk of the committee. All such
    views so filed by one or more members of the committee shall be included
    within, and shall be a part of, the report filed by the committee with
    respect to that measure or matter. The report of the committee upon that
    measure or matter shall be printed in a single volume which--

    Sec. 714. Minority views.

      (5)  If, at the time of approval of
    any measure or matter by any committee, other than the Committee on
    Rules, any member of the committee gives notice of intention to file
    supplemental, minority, or additional views, that member shall be
    entitled to not less than three calendar days (excluding Saturdays,

              (A) shall include all supplemental, minority, or additional
    views which have been submitted by the time of the filing of the report,
    and

              (B) shall bear upon its cover a recital that any such
    supplemental, minority, or additional views (and any material submitted
    under subdivisions (C) and (D) of subparagraph (3)) are included as part
    of the report.
    This subparagraph does not preclude--

              (i) the immediate filing or printing of a committee report
    unless timely request for the opportunity to file supplemental,
    minority, or additional views has been made as provided by this
    subparagraph; or

              (ii) the filing by any such committee of any supplemental
    report upon any measure or matter which may be required for the
    correction of any technical error in a previous report made by that
    committee upon that measure or matter.

    [[Page 477]]
    (B) was added under the Committee Reform Amendments of 1974, effective
    January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470).

    -  (6) <> A measure or matter
    reported by any committee (except the Committee on Rules in the case of
    a resolution making in order the consideration of a bill, resolution, or
    other order of business), shall not be considered in the House until the
    third calendar day, excluding Saturdays, Sundays, and legal holidays on
    which the report of that committee upon that measure or matter has been
    available to the Members of the House, or as provided by section
    305(a)(1) of the Congressional Budget Act of 1974 in the case of a
    concurrent resolution on the budget: Provided, however, That it shall
    always be in order to call up for consideration, notwithstanding the
    provisions of clause 4(b) of rule XI, a report from the Committee on
    Rules specifically providing for the consideration of a reported measure
    or matter notwithstanding this restriction. If hearings have been held
    on any such measure or matter so reported, the committee reporting the
    measure or matter shall make every reasonable effort to have such
    hearings printed and available for distribution to the Members of the
    House prior to the consideration of such measure or matter in the House.
    This subparagraph shall not apply to--
      Subparagraph (5) was originally included in section 107 of the
    Legislative Reorganization Act of 1970 (84 Stat. 1140) and was
    incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22,
    1971, p. 144). Subdivision

              (A) any measure for the declaration of war, or the declaration
    of a national emergency, by the Congress; or

    [[Page 478]]
    come or continue to be, effective unless disapproved or otherwise
    invalidated by one or both Houses of Congress.
    For the purposes of the preceding sentence, a Government agency includes
    any department, agency, establishment, wholly owned Government
    corporation, or instrumentality of the Federal Government or the
    government of the District of Columbia.

              (B) any decision, determination, or action by a Government
    agency which would be

      Subparagraph (6) was originally contained in section 108 of the
    Legislative Reorganization Act of 1970 (84 Stat. 1140) and was
    incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22,
    1971, p. 144). The rule was amended on October 13, 1972 (H. Res. 1153,
    92d Cong., pp. 36013-23), on January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470), and in the 94th Congress (H. Res. 5, Jan. 14,
    1975, p. 20). In the 94th Congress it was amended to require that
    reports and reported measures be available for two hours but to permit
    the immediate consideration of a resolution reported from the Committee
    on Rules waiving this layover requirement (H. Res. 868, Feb. 26, 1976,
    p. 4625). In the 95th Congress it was amended to permit consideration of
    a measure on the third day of availability rather than on the third day
    following availability (H. Res. 5, Jan. 4, 1977, pp. 53-70). In the 96th
    Congress it was amended to require that copies of a committee report be
    available for three calendar days rather than two hours before the
    beginning of consideration of the reported measure (H. Res. 5, Jan. 15,
    1979, p. 8). In the 102d Congress it was amended to clarify the
    availability requirements for reported measures, including concurrent
    resolutions on the budget (H. Res. 5, Jan. 3, 1991, p. ----).

    [[Page 479]]
    pursuant to legislative veto provisions in laws having the effect of
    approving or invalidating the actions of any government agency (and not
    just agencies of the executive branch). That exception allows the
    consideration of a measure disapproving an executive branch decision
    pursuant to statute within three days of the expiration of the
    congressional review period, notwithstanding the three-day availability
    requirement (concurrent resolution disapproving a regulation of the
    Federal Trade Commission pursuant to the Federal Trade Commission
    Improvements Act, P.L. 96-252) (May 26, 1982, pp. 12027-30). A report
    from a committee which raises a question of the privileges of the House,
    such as a report relating to the contemptuous conduct of a witness
    before the committee, may be considered notwithstanding the availability
    requirements of this clause (Speaker Albert, July 13, 1971, pp. 24720-
    23; see also Deschler's Precedents, vol. 3, ch. 14, sec. 7.4, fn. 10,
    with respect to impeachment reports).

    -  With <> respect to the committee
    expense resolutions reported by the Committee on House Oversight
    pursuant to clause 5 of rule XI, the requirement of that clause for the
    one-day availability of printed copies, rather than the three-day
    requirement of this rule, is applicable, but other privileged
    resolutions reported from that committee are now subject to this clause
    (Speaker Albert, Mar. 6, 1975, p. 5537).

      The availability requirement is not applicable to privileged reports
    from the Committee on Rules or to bills before the House which have not
    been reported from committee (Speaker Albert, Aug. 10, 1976, p. 26793),
    and the exception from the three-day availability requirement for
    certain reports from the Committee on Rules must be read in light of the
    broader authority, contained in clause 4(b) of this rule, conferred on
    that committee to call up other reports after one day of availability.
    The Committee on Rules has the authority under clause 4(a) of rule XI to
    report a special order making in order the text of an introduced bill as
    a substitute original text for a reported bill, and no point of order
    lies that such introduced text has not been available for three days
    under this rule, which only applies to the consideration of reported
    measures themselves (Oct. 9, 1986, p. 29973). The exceptions from the
    three-day layover requirement provided in the last two sentences of this
    paragraph were expanded in the 97th Congress (H. Res. 5, Jan. 5, 1981,
    p. 98) to include resolutions called up

    Sec. 717.

      (7)  If, within seven calendar days after a measure
    has, by resolution, been made in order for consideration by the House,
    no motion has been offered that the House consider that measure, any
    member of the committee which reported that measure may be recognized in
    the discretion of the Speaker to offer a motion that the House shall
    consider that measure, if that committee has duly authorized that member
    to offer that motion.

    [[Page 480]]

    Power to sit and act; subpoena power
      Subaragraph (7) was contained in section 109 of the Legislative
    Reorganization Act of 1970 (84 Stat. 1140) and became part of the rules
    in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). This
    subparagraph should be read in light of clause 1(b) of rule XXIII, which
    provides for the House resolving into the Committee of the Whole by
    declaration of the Speaker pursuant to a special order of business
    rather than by adoption of a motion.

    718. Administration of oaths to witnesses.

      (m)(1)  For the
    purpose of carrying out any of its functions and duties under this rule
    and rule X (including any matters referred to it under clause 5 of rule
    X), any committee, or any subcommittee thereof, is authorized (subject
    to subparagraph (2)(A) of this paragraph)--

              (A) to sit and act at such times and places within the United
    States, whether the House is in session, has recessed, or has adjourned,
    and to hold such hearings, and

              (B) to require, by subpoena or otherwise, the attendance and
    testimony of such witnesses and the production of such books, records,
    correspondence, memorandums, papers, and documents
    as it deems necessary. The chairman of the committee, or any member
    designated by such chairman, may administer oaths to any witness.

    [[Page 481]]

      (2)(A) A subpoena may be authorized and issued by a committee or
    subcommittee under subparagaph (1)(B) in the conduct of any
    investigation or series of investigations or activities, only when
    authorized by a majority of the members voting, a majority being
    present. The power to authorize and issue subpoenas under subparagraph
    (1)(B) may be delegated to the chairman of the committee pursuant to
    such rules and under such limitations as the committee may prescribe.
    Authorized subpoenas shall be signed by the chairman of the committee or
    by any member designated by the committee.

      (B) Compliance with any subpoena issued by a committee or subcommittee
    under subparagraph (1)(B) may be enforced only as authorized or directed
    by the House.

      Prior to the adoption of clause 2(m) under the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470), only the Committees on Appropriations, the
    Budget, Government Operations, Internal Security, and Standards of
    Official Conduct were permitted by the standing rules to perform the
    functions as specified in subparagraphs (1)(A) and (1)(B), and other
    standing and select committees were given those authorities by separate
    resolutions reported from the Committee on Rules each Congress. In the
    94th Congress (H. Res. 5, Jan. 14, 1975, p. 20), subparagraph (2)(A) was
    amended to require authorized subpoenas to be signed by the chairman of
    the full committee or any member designated by the committee; and in the
    95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) the clause was
    altered to permit subcommittees, as well as full committees, to
    authorize subpoenas and to allow the delegation of such authority to the
    chairman of the full committee. A subpoena issued under this clause need
    only be signed by the chairman of the committee or by any member
    designated by the committee, whereas when the House issues an order or
    warrant the Speaker must under clause 4 of rule I issue the summons
    under his hand and seal, and it must be attested by the Clerk pursuant
    to clause 3 of rule III (III, 1668; see H. Rept. 96-1078, p. 22).
    Pursuant to 2 U.S.C. 191, the President of the Senate, the Speaker of
    the House of Representatives, or a chairman of any joint committee
    established by a joint or concurrent resolution of the two Houses of
    Congress, or of a committee of the whole, or of any committee of either
    House of Congress, is empowered to administer oaths to witnesses in any
    case under their examination, and any member of either House of Congress
    may administer oaths to witnesses in any matter depending in either
    House of Congress of which he is a Member, or any committee thereof.

    [[Page 482]]

    Use of committee funds for travel
      While under this clause the Committee on Standards of Official Conduct
    may issue subpoenas in investigating the conduct of a Member, officer or
    employee of the House (the extent of the committee's jurisdiction under
    rule X), where the House mandates a possible investigation by that
    committee of other persons not directly associated with the House, the
    committee's jurisdiction is thereby enlarged and a broader subpoena
    authority must be conferred on the committee (Mar. 3, 1976, p. 5165).
    Subparagraph (2)(B) has been interpreted to require authorization by the
    full House before a subcommittee chairman could intervene in a law suit
    in order to gain access to documents subpoenaed by the subcommittee. In
    re Beef Industry Antitrust Litigation, 589 F.2d 786 (5th Cir. 1979).

      (n)(1) Funds authorized for a committee under clause 5 are for
    expenses incurred in the committee's activities; however, local
    currencies owned by the United States shall be made available to the
    committee and its employees engaged in carrying out their official
    duties outside the United States, its territories or possessions. No
    appropriated funds, including those authorized under clause 5, shall be
    expended for the purpose of defraying expenses of members of the
    committee or its employees in any country where local currencies are
    available for this purpose; and the following conditions shall apply
    with respect to travel outside the United States or its territories or
    possessions:

    Sec. 719a. Committee Travel.

          (A)  No member or employee
    of the committee shall receive or expend local currencies for
    subsistence in any country for any day at a rate in excess of the
    maximum per diem set forth in applicable Federal law, or if the Member
    or employee is reimbursed for any expenses for such day, then the lesser
    of the per diem or the actual, unreimbursed expenses (other than for
    transportation) incurred by the Member or employee during that day.

    [[Page 483]]
    pended for any other official purpose and shall summarize in these
    categories the total foreign currencies and/or appropriated funds
    expended. All such individual reports shall be filed no later than sixty
    days following the completion of travel with the chairman of the
    committee for use in complying with reporting requirements in applicable
    Federal law and shall be open for public inspection.

    Sec. 719b. Travel reports.

          (B)  Each member or employee
    of the committee shall make to the chairman of the committee an itemized
    report showing the dates each country was visited, the amount of per
    diem furnished, the cost of transportation furnished, any funds ex

      (2) In carrying out the committee's activities outside the United
    States in any country where local currencies are unavailable, a member
    or employee of the committee may not receive reimbursement for expenses
    (other than for transportation) in excess of the maximum per diem set
    forth in applicable Federal law, or if the member or employee is
    reimbursed for any expenses for such day, then the lesser of the per
    diem or the actual, unreimbursed expenses (other than for
    transportation) incurred, by the Member or employee during any day.

      (3) A member or employee of a committee may not receive reimbursement
    for the cost of any transportation in connection with travel outside of
    the United States unless the member or employee has actually paid for
    the transportation.

    [[Page 484]]
    vision of these Rules of the House of Representatives.
      (4) The restrictions respecting travel outside of the United States
    set forth in subparagraphs (2) and (3) shall also apply to travel
    outside of the United States by Members, officers, and employees of the
    House authorized under clause 8 of rule I, clause 1(b) of this rule, or
    any other pro

      (5) No local currencies owned by the United States may be made
    available under this paragraph for the use outside of the United States
    for defraying the expenses of a member of any committee after--

              (A) the date of the general election of Members in which the
    Member has not been elected to the succeeding Congress; or

              (B) in the case of a Member who is not a candidate in such
    general election, the earlier of the date of such general election or
    the adjournment sine die of the last regular session of the Congress.

      Prior to the adoption of clause (n) and of clause 1(b) of rule XI
    under the Committee Reform Amendments of 1974, effective January 3, 1975
    (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), each committee was
    given separate authority to incur expenses in connection with their
    investigations and studies, and certain committees were authorized to
    use local currencies for foreign committee travel, in resolutions
    reported from the Committee on Rules in each Congress. This clause was
    amended in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) to
    clarify the availability of local currencies for travel outside the
    United States and its territories and possessions, to require reports
    within 60 days for use in complying with statutory reporting
    requirements, and to authorize the Committee on House Administration
    (now House Oversight) to recommend in expense resolutions expenses for
    foreign as well as domestic travel. Clause (n)(1)(A) was further amended
    on March 2, 1977 (H. Res. 287, 95th Cong., pp. 5933-53) to limit all
    travel expenses to the maximum per diem rate or actual, unreimbursed
    expenses, whichever is less. As indicated in clause 1(b), the authority
    to incur expenses (including travel expenses) is subject to the adoption
    of expense resolutions reported from the Committee on House Oversight as
    required by clause 5 of rule XI.

    [[Page 485]]
    terly basis, and individual reports required within 30 days after the
    travel involved, must be forwarded to the Clerk of the House and
    published in the Congressional Record.

      Under section 502(b) of the Mutual Security Act of 1954 (22 U.S.C.
    1754, as amended by sec. 22, P.L. 95-384), foreign local currencies
    owned or purchased by the United States may be used for foreign travel
    expenses by members or employees of standing or select committees when
    authorized by the chairman thereof, and by other Members or employees
    when authorized by the Speaker. Consolidated committee reports prepared
    on a quar

                       Broadcasting of Committee Hearings

    Sec. 720.

      3.  (a) It is the purpose of this clause to provide
    a means, in conformity with acceptable standards of dignity, propriety,
    and decorum, by which committee hearings, or committee meetings, which
    are open to the public may be covered, by television broadcast, radio
    broadcast, and still photography, or by any of such methods of
    coverage--

          (1) for the education, enlightenment, and information of the
    general public, on the basis of accurate and impartial news coverage,
    regarding the operations, procedures, and practices of the House as a
    legislative and representative body and regarding the measures, public
    issues, and other matters before the House and its committees, the
    consideration thereof, and the action taken thereon; and

          (2) for the development of the perspective and understanding of
    the general public with respect to the role and function of the House
    under the Constitution of the United States as an organ of the Federal
    Government.

    [[Page 486]]

      (b) In addition, it is the intent of this clause that radio and
    television tapes and television film of any coverage under this clause
    shall not be used, or made available for use, as partisan political
    campaign material to promote or oppose the candidacy of any person for
    elective public office.

    Sec. 721. Media coverage.

      (c)  It is, further, the intent of
    this clause that the general conduct of each meeting (whether of a
    hearing or otherwise) covered, under authority of this clause, by
    television broadcast, radio broadcast, and still photography, or by any
    of such methods of coverage, and the personal behavior of the committee
    members and staff, other Government officials and personnel, witnesses,
    television, radio, and press media personnel, and the general public at
    the hearing or other meeting shall be in strict conformity with and
    observance of the acceptable standards of dignity, propriety, courtesy,
    and decorum traditionally observed by the House in its operations and
    shall not be such as to--

          (1) distort the objects and purposes of the hearing or other
    meeting or the activities of committee members in connection with that
    hearing or meeting or in connection with the general work of the
    committee or of the House; or

          (2) cast discredit or dishonor on the House, the committee, or any
    Member or bring the House, the committee, or any Member into disrepute.

    [[Page 487]]

      (d) The coverage of committee hearings and meetings by television
    broadcast, radio broadcast, or still photography shall be permitted and
    conducted only in strict conformity with the purposes, provisions, and
    requirements of this clause.

    Sec. 722. When permitted.

      (e)  Whenever a hearing or meeting
    conducted by any committee or subcommittee of the House is open to the
    public, those proceedings shall be open to coverage by television,
    radio, and still photography, except as provided in paragraph (f)(2). A
    committee or subcommittee chairman may not limit the number of
    television or still cameras to fewer than two representatives from each
    medium (except for legitimate space or safety considerations, in which
    case pool coverage shall be authorized).

    Sec. 723. Committee rules.

      (f)  The written rules which may
    be adopted by a committee under paragraph (e) of this clause shall
    contain provisions to the following effect:

          (1) If the television or radio coverage of the hearing or meeting
    is to be presented to the public as live coverage, that coverage shall
    be conducted and presented without commercial sponsorship.

    [[Page 488]]

          (2) No witness served with a subpoena by the committee shall be
    required against his or her will to be photographed at any hearing or to
    give evidence or testimony while the broadcasting of that hearing, by
    radio or television, is being conducted. At the request of any such
    witness who does not wish to be subjected to radio, television, or still
    photography coverage, all lenses shall be covered and all microphones
    used for coverage turned off. This subparagraph is supplementary to
    clause 2(k)(5) of this rule, relating to the protection of the rights of
    witnesses.

          (3) The allocation among the television media of the positions of
    the number of television cameras permitted by a committee or
    subcommittee chairman in a hearing or meeting room shall be in
    accordance with fair and equitable procedures devised by the Executive
    Committee of the Radio and Television Correspondents' Galleries.

          (4) Television cameras shall be placed so as not to obstruct in
    any way the space between any witness giving evidence or testimony and
    any member of the committee or the visibility of that witness and that
    member to each other.

          (5) Television cameras shall operate from fixed positions but
    shall not be placed in positions which obstruct unnecessarily the
    coverage of the hearing or meeting by the other media.

          (6) Equipment necessary for coverage by the television and radio
    media shall not be installed in, or removed from, the hearing or meeting
    room while the committee is in session.

    [[Page 489]]
    erage of the hearing or meeting at the then current state of the art of
    television coverage.
          (7) Floodlights, spotlights, strobelights, and flashguns shall not
    be used in providing any method of coverage of the hearing or meeting,
    except that the television media may install additional lighting in the
    hearing or meeting room, without cost to the Government, in order to
    raise the ambient lighting level in the hearing or meeting room to the
    lowest level necessary to provide adequate television cov

    Sec. 724. Press photographers.

          (8)  In the allocation of
    the number of still photographers permitted by a committee or
    subcommittee chairman in a hearing or meeting room, preference shall be
    given to photographers from Associated Press Photos and United Press
    International Newspictures. If requests are made by more of the media
    than will be permitted by a committee or subcommittee chairman for
    coverage of the hearing or meeting by still photography, that coverage
    shall be made on the basis of a fair and equitable pool arrangement
    devised by the Standing Committee of Press Photographers.

          (9) Photographers shall not position themselves, at any time
    during the course of the hearing or meeting, between the witness table
    and the members of the committee.

          (10) Photographers shall not place themselves in positions which
    obstruct unnecessarily the coverage of the hearing by the other media.

    Sec. 725. Accreditation.

          (11)  Personnel providing
    coverage by the television and radio media shall be then currently
    accredited to the Radio and Television Correspondents' Galleries.

    [[Page 490]]

          (12) Personnel providing coverage by still photography shall be
    then currently accredited to the Press Photographers' Gallery.

          (13) Personnel providing coverage by the television and radio
    media and by still photography shall conduct themselves and their
    coverage activities in an orderly and unobtrusive manner.

      The rule permitting broadcasting of committee hearings was contained
    in section 116(b) of the Legislative Reorganization Act of 1970 (84
    Stat. 1140) and became part of the rules in the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144). In the 93d Congress (H. Res. 1107, July 22,
    1974, p. 24447), the rule was amended to permit committees to adopt
    rules allowing coverage of committee meetings as well as hearings.
    Paragraphs (e), (f)(3), (f)(5), and (f)(8) of this clause were amended
    in the 99th Congress to remove the limit on the number of television
    cameras (previously four) and press photographers (previously five)
    covering committee proceedings, and to provide the committee or
    subcommittee chairman with the discretion to determine the appropriate
    number (H. Res. 7, Jan. 3, 1985, p. 393). In the 104th Congress
    paragraph (d) was amended to delete the former characterization of
    broadcast and photographic coverage of committee meetings and hearings
    as ``a privilege made available by the House,'' and paragraph (e) was
    amended to eliminate the requirement that a committee vote to permit
    broadcast and photographic coverage of open hearings and meetings and to
    prohibit chairmen from limiting coverage to less than two
    representatives from each medium, except where space or safety
    considerations warrant pool coverage (sec. 105, H. Res. 6, Jan. 4, 1995,
    p. ----).

                        Privileged Reports and Amendments

    [[Page 491]]
    tested elections, and all matters referred to it of printing for the
    use of the House or the two Houses, and on all matters of expenditure of
    the contingent fund of the House, and on all matters relating to
    preservation and availability of noncurrent records of the House under
    rule XXXVI; the Committee on Rules--on rules, joint rules, and the order
    of business; and the Committee on Standards of Official Conduct--on
    resolutions recommending action by the House of Representatives with
    respect to an individual Member, officer, or employee of the House of
    Representatives as a result of any investigation by the committee
    relating to the official conduct of such Member, officer, or employee of
    the House of Representatives.

    Sec. 726.

      4.  (a) The following committees shall have leave
    to report at any time on the matters herein stated, namely: The
    Committee on Appropriations--on general appropriation bills and on joint
    resolutions continuing appropriations for a fiscal year if reported
    after September 15 preceding the beginning of such fiscal year; the
    Committee on the Budget--on the matters required to be reported by such
    committee under Titles III and IV of the Congressional Budget Act of
    1974; the Committee on House Oversight--on enrolled bills, con

    [[Page 492]]
    House records. In the 104th Congress it was amended to reflect the new
    name of the Committee on House Oversight (sec. 202(b), H. Res. 6, Jan.
    4, 1995, p. ----).
      The origins of this rule appear as early as 1812, but it was in 1886
    that the various provisions were consolidated in one rule. The rule was
    amended by the Legislative Reorganization Act of 1946 (60 Stat. 812), on
    February 2, 1951 (p. 883), and by the Committee Reform Amendments of
    1974, effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974,
    p. 34470). On the latter date the privileges given to the Committee on
    Interior and Insular Affairs on bills for the forfeiture of land grants
    to railroad and other corporations, preventing speculation in the public
    lands and reserving public lands for the benefit of actual and bona fide
    settlers, and for the admission of new States, to the Committee on
    Public Works on bills authorizing the improvement of rivers and harbors,
    to the Committee on Veterans' Affairs on general pension bills, and to
    the Committee on Ways and Means on bills raising revenue, were
    eliminated from the rule. In the 94th Congress (H. Res. 5, Jan. 14,
    1975, p. 20), the rule was further amended to reinsert ``contested
    elections'' under the authority of the Committee on House Administration
    (now House Oversight), a matter inadvertently omitted by the 93d
    Congress (H. Res. 988, Oct. 8, 1974, p. 34470). The rule was amended in
    the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) to permit joint
    resolutions continuing appropriations to be privileged if reported after
    a certain date. In the 101st Congress (H. Res. 5, Jan. 3, 1989, p. 72),
    the rule was amended to include under the authority of the Committee on
    House Administration (now House Oversight) all matters relating to
    preservation and availability of noncurrent

      At the time these privileges originated all reports were made on the
    floor, and often with great difficulty because of the pressure of
    business (IV, 4621), and by giving this privilege the most important
    matters of business were greatly expedited. In 1890 a rule was adopted
    providing that reports should be made by filing with the Clerk, but
    privileged reports must still be made from the floor (IV, 3146; VIII,
    2230). A privileged report from the Committee on Rules may be filed at
    any time when the House is in session, including during special order
    speeches (Oct. 14, 1986, p. 30861). Prior to the original adoption of
    the provisions contained in clause 2(l)(6) of the rule XI in the 92d
    Congress (H. Res. 5, Jan. 22, 1971, p. 144), the right of reporting at
    any time was held to give the right of immediate consideration by the
    House (IV, 3131, 3132, 3142-47; VIII, 2291, 2312). However, from that
    date until the effective date of the present provisions of clause
    2(l)(6) on January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470), only the Committees on House Administration (now House
    Oversight), Rules (subject to the two-thirds vote requirement of clause
    4(b) of rule XI), and Standards of Official Conduct could call up a
    matter in the House for immediate consideration as soon as the report
    was filed. Now only reports from the Committee on Rules on rules, joint
    rules, and the order of business, under clause 4(b) of this rule,
    reports from the Committee on House Oversight on committee expense
    resolutions, under clause 5(a) of this rule, and reports constituting
    questions of privilege (see generally Deschler's Precedents, vol. 3, ch.
    14, sec. 7.4, fn. 10, discussing ruling of Speaker Albert, July 13,
    1971, on a reported contempt) are exempt from the requirements of clause
    2(l)(6) (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Other
    committees enumerated in this clause may still utilize the privilege
    after the report on the bill or resolution has been available for at
    least three calendar days (excluding Saturdays, Sundays and legal
    holidays). Once called up for consideration, the matter so reported
    remains privileged until disposed of (IV, 3145). The House proceeds to
    the consideration of privileged questions only on motion directed to be
    made by the several committees reporting such questions (VIII, 2310).
    Privileged questions reported adversely have the same status so far as
    their privilege is concerned as those reported favorably (VI, 413; VIII,
    2310).

    [[Page 493]]

    Sec. 727. Privileged reports defined.

      The  matters reported
    under the provisions of this clause are denominated ``privileged
    reports'' or ``privileged questions,'' and since the privilege relates
    merely to the order of business under the rules, they must be
    distinguished from ``questions of privilege'' which relate to the safety
    or dignity of the House itself defined in rule IX (III, 2718).
    Therefore, ``questions of privilege'' take precedence over these matters
    which are privileged under the rules (III, 2426-2530; V, 6454; VIII,
    3465).

      Privileged questions interrupt the regular order of business as
    established by rule XXIV, but when they are disposed of it continues on
    from the point of interruption (IV, 3070, 3071). But the Speaker has
    declined to allow a call of committees to be interrupted by a privileged
    report (IV, 3132). The presence of matter not privileged with privileged
    matter destroys the privileged character of a bill (IV, 4622, 4624,
    4633, 4640, 4643; VIII, 2289; Speaker Rayburn, May 21, 1958, pp. 9212-
    16), or resolution (VIII, 2300), and when the text of a bill contains
    nonprivileged matter, privilege may not be created by a committee
    amendment in the nature of a substitute not containing the nonprivileged
    matter (IV, 4623).

      The House may give a committee leave to report at any time only by the
    process of changing the rules (III, 1770).

    [[Page 494]]
    sidered as adopted in the House when the bill is under consideration
    (Feb. 24, 1993, p. ----; July 27, 1993, p. ----). The Committee on Rules
    has also reported as privileged a joint resolution repealing a statutory
    joint rule (mandatory July adjournment, section 132 of the Legislative
    Reorganization Act of 1946) (July 27, 1990, p. ----). The Committee on
    Rules has reported as privileged a special order of business nearly
    identical to one previously rejected by the House, but held not to
    constitute ``another of the same substance'' within the meaning of
    Jefferson's section XLIII (reconsideration) because it provided a
    different scheme for general debate (July 27, 1993, p. ----).

    Sec. 728. The privilege of individual committees for
    reports.

      The  privilege given by this clause to the Committee on Rules is
    confined to ``action touching rules, joint rules, and order of
    business'' and this committee may not report as privileged a concurrent
    resolution providing for a Senate investigating committee (VIII, 2255),
    or provide for the appointment of a clerk (VIII, 2256); but the
    privilege has been held to include the right to report special orders
    for the consideration of individual bills or classes of bills (V, 6774),
    or the consideration of a specified amendment to a bill and prescribing
    a mode of considering such amendment (VIII, 2258). A special rule
    providing for the consideration of a bill is not invalidated by the fact
    that at the time the rule was reported, the bill was not on the Calendar
    (VIII, 2259; Speaker McCormack, Aug. 19, 1964, pp. 20212-13). The
    authority to report special orders of business includes authority to
    recommend consideration of measures and amendments thereto the subject
    of which might be separately pending before a standing committee (Apr.
    15, 1986, p. 7531); to make in order the consideration of the text of an
    introduced bill as original text in a reported bill (Oct. 9, 1986, p.
    29973); to permit consideration of a previously unnumbered and
    unsponsored measure which comes into existence by virtue of adoption by
    the House of the special order (Speaker O'Neill, Apr. 16, 1986, p.
    7610); to recommend a ``hereby'' resolution, e.g., that a concurrent
    resolution correcting the enrollment of a bill be considered as adopted
    by the House upon the adoption of the special order (Speaker Wright, May
    4, 1988, p. 9865), or that a Senate amendment pending at the Speaker's
    table and otherwise requiring consideration in Committee of the Whole
    under clause 1 of rule XX be ``hereby'' considered as adopted upon
    adoption of the special order (Deschler's Precedents, vol. 6, ch. 21,
    sec. 16.11; Feb. 4, 1993, p. ----); to provide that an amendment
    containing an appropriation in violation of clause 5(a) of rule XXI be
    considered as adopted in the House when the reported bill is under
    consideration (Feb. 24, 1993, p. ----); to provide that an amendment
    containing an appropriation in violation of clause 2 of rule XXI be
    considered as adopted in the House when the reported bill is under
    consideration (July 27, 1993, p. ----); and to provide that a nongermane
    amendment otherwise in violation of clause 7 of rule XVI be con

      A resolution consisting solely of privileged matter, albeit in two
    separate jurisdictions empowered to report at any time under clause
    4(a), has been referred to a primary committee, reported therefrom as
    privileged, referred sequentially, and reported as privileged from the
    sequential committee as well (H. Res. 258, 102d Cong., Nov. 8, 1991, p.
    ----, Nov. 19, 1991, p. ----).

      The right of the Committee on Appropriations to report at any time is
    confined strictly to general appropriation bills (IV, 4629-4632; VIII,
    2282-2284) and does not include appropriations for specific purposes
    (VIII, 2285). Before privilege was extended to continuing appropriation
    bills (in 1981), the rule was not construed to extend to resolutions
    extending appropriations (VIII, 2282-2284).

      Reports from the Committee on House Administration (now House
    Oversight) authorizing appropriations from the Treasury directly for
    compensation of employees (IV, 4645) or fixing the salaries of employees
    are not privileged (VIII, 2302).

    [[Page 495]]
    fully disposed of. The Committee on Rules shall not report any rule or
    order which provides that business under clause 7 of rule XXIV shall be
    set aside by a vote of less than two-thirds of the Members present; nor
    shall it report any rule or order which would prevent the motion to
    recommit from being made as provided in clause 4 of rule XVI, including
    a motion to recommit with instructions to report back an amendment
    otherwise in order (if offered by the minority leader or a designee),
    except with respect to a Senate bill or resolution for which the text of
    a House-passed measure has been substituted.

    Sec. 729a. Reports from Committee on Rules.

      (b)  It shall
    always be in order to call up for consideration a report from the
    Committee on Rules on a rule, joint rule, or the order of business
    (except it shall not be called up for consideration on the same day it
    is presented to the House, unless so determined by a vote of not less
    than two-thirds of the Members voting, but this provision shall not
    apply during the last three days of the session), and, pending the
    consideration thereof, the Speaker may entertain one motion that the
    House adjourn; but after the result is announced the Speaker shall not
    entertain any other dilatory motion until the report shall have been

      The Committee on Rules, ``by uniform practice of the House,''
    exercised the privilege of reporting at any time as early as 1888. The
    right to report at any time is confined to privileged matters (VIII,
    2255). This was probably the survival of a practice which existed as
    early as 1853 of giving the privilege of reporting at any time to this
    committee for a session (IV, 4650). In 1890 the committee was included
    among the committees whose reports were privileged by rule. The present
    rule was adopted in 1892 (IV, 4621), amended on March 15, 1909, the
    matter in parentheses was adopted January 18, 1924 (pp. 1139, 1141), and
    the rule was further amended by the Committee Reform Amendments of 1974,
    effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470), to limit its application to reports from the Committee on Rules
    on rules, joint rules and orders of business. In the 104th Congress the
    last sentence of paragraph (b) was amended to restrict the authority of
    the Committee on Rules to recommend a rule or order that would prevent a
    motion by the Minority Leader or his designee to recommit with
    instructions to report back an amendment otherwise in order to the case
    of a Senate bill or resolution for which the text of a House-passed
    measure is being substituted (sec. 210, H. Res. 6, Jan. 4, 1995, p. ----
    ). For rulings under the earlier form of the rule, see Sec. 729c, infra.

    [[Page 496]]
    and then meets again that day, or convenes for two legislative days on
    the same calendar day, any report filed on the first legislative day may
    be called up on the second without the question of consideration being
    raised (Speaker O'Neill, Dec. 16, 1985, p. 36755; Speaker Wright, Oct.
    29, 1987, p. 29937). This paragraph does not require that a privileged
    resolution, and the report thereon, from the Committee on Rules be
    printed before it is called up for consideration (Speaker O'Neill, Feb.
    2, 1977, p. 3344).
      Pursuant to this clause, a privileged report from the Committee on
    Rules may be considered on the same legislative day only by a two-thirds
    vote, but a report properly filed by the committee at any time prior to
    the convening of the House on the next legislative day may be called up
    for immediate consideration without the two-thirds requirement (Speaker
    Albert, July 31, 1975, p. 26243), including a report filed during
    special order speeches after legislative business on that prior
    legislative day (Oct. 14, 1986, p. 30861), and if the House continues in
    session into a second calendar day

      In the case of certain resolutions reported from the Committee on
    Rules, the two-thirds vote requirement for consideration on the same day
    reported does not apply. Clause 2(l)(6) of rule XI provides for the
    immediate consideration of a resolution from the Rules Committee waiving
    the requirement that copies of reports and reported measures be
    available for three days before their consideration, and clauses 2(a)
    and (b) of rule XXVIII provide for the immediate consideration of a
    resolution from the Rules Committee waiving the requirement that copies
    of conferences reports or amendments reported from conference in
    disagreement be available for two hours before their consideration (see
    Aug. 10, 1984, p. 23978).

      Although highly privileged, a report from the Committee on Rules
    yields to questions of privilege (VIII, 3491; Mar. 11, 1987, p. 5403),
    and is not in order after the House has voted to go into Committee of
    the Whole (V, 6781). Also a conference report has precedence of it, even
    when the yeas and nays and previous question have been ordered (V,
    6449). Formerly if a report from the Committee on Rules contained
    substantive propositions, a separate vote could be had on each
    proposition (VIII, 2271, 2272, 2274, 3167); but these decisions were
    nullified by the adoption of the proviso to clause 6 of rule XVI. A
    report from the Committee on Rules takes precedence over a motion to
    consider a measure which is ``highly privileged'' pursuant to a statute
    enacted as an exercise in the rulemaking authority of the House,
    acknowledging the Constitutional authority of the House to change it
    rules at any time (Speaker Wright, Mar. 11, 1987, p. 5403). Before the
    House adopts rules, the Speaker may recognize a Member to offer for
    immediate consideration a special order providing for the consideration
    of a resolution adopting the rules (V, 5450; Jan. 4, 1995, p. ----).

    [[Page 497]]
    or provides special procedures for its consideration, where no law
    constituting a rule of the House prohibits consideration of such a
    resolution (resolution providing for consideration of a budget
    resolution, where a statute, Public Law 96-389, reaffirmed Congressional
    commitment to balanced Federal budgets but did not dictate what
    legislation could be considered or otherwise constitute a rule of the
    House) (June 10, 1982, p. 13353).
      The Committee on Rules may report and call up as privileged
    resolutions temporarily waiving or altering any rule of the House,
    including statutory provisions enacted as an exercise of the House's
    rule-making authority which would otherwise prohibit the consideration
    of a bill being made in order by the resolution. (Speaker Albert, Mar.
    20, 1975, p. 7676; Mar. 24, 1975, p. 8418), or which would otherwise
    establish an exclusive procedure for consideration of a particular type
    of measure (Speaker O'Neill, Apr. 16, 1986, p. 7610; Speaker Wright,
    Mar. 11, 1987, p. 5403). No rule of the House precludes the Committee on
    Rules from reporting a special order making in order specified
    amendments that have not been preprinted as otherwise required by an
    announced policy of that committee (Oct. 23, 1991, p. ----). No point of
    order lies against a resolution reported from the Committee on Rules
    that waives points of order against a measure

      The Chair has declined to entertain a unanimous consent request to
    alter a special order previously adopted by the House to admit an
    additional (nongermane) amendment during further consideration of a bill
    unless assured of certain clearances, consistent with the Speaker's
    announced policy (see Sec. 757, infra) of conferring recognition for
    unanimous consent requests for the consideration of unreported bills and
    resolutions only when assured that the majority and minority floor and
    committee leaderships have no objection (Nov. 14, 1991, p. ----).

    [[Page 498]]
    day, and debate resumes from the point where interrupted (Sept. 27,
    1993, p. ----; Sept. 28, 1993, p. ----).

    Sec. 729b. Dilatory motions not permitted.

      In  the later
    practice it has been held that the question of consideration may not be
    raised against a report from the Committee on Rules (V, 4961-4963; VIII,
    2440, 2441). The clause forbidding dilatory motions has been construed
    strictly  (V, 5740-5742), and in the later practice the motion to commit
    after the ordering of the previous question has been excluded (V, 5593-
    5601; VIII, 2270, 2750; Feb. 22, 1984, p. 2965), as has an appeal
    (though not a motion to reconsider the vote on ordering the previous
    question) (V, 5739), and the motion to postpone to a day certain (Oct.
    9, 1986, p. 29972). Before debate has begun on a report from the
    Committee on Rules, a question of the privileges of the House takes
    precedence (VIII, 3491; Mar. 11, 1987, p. 5403). In the event that the
    previous question is rejected on a privileged resolution from the
    Committee on Rules, the provisions of clause 4(b) prohibiting
    ``dilatory'' motions no longer strictly apply; the resolution is subject
    to amendment, further debate, or a motion to table or refer, and the
    Member who lead the opposition to the previous question has the prior
    right to recognition (Oct. 19, 1966, pp. 27713, 27725-29; May 29, 1980,
    pp. 12667-78), subject to being preempted by a preferential motion
    offered by another Member (Aug. 13, 1982, pp. 20969, 20975-78). The
    member of the Committee on Rules calling up a privileged resolution on
    behalf of the Committee may offer an amendment, and House rules do not
    require a specific authorization from the Committee (Sept. 25, 1990, p.
    ----). A motion to table such a pending amendment is dilatory and not in
    order under clause 4(b) of rule XI, but the motion to reconsider the
    vote on ordering the previous question on the rule and amendment thereto
    is not (see V, 5739; Sept. 25, 1990, p. ----), and may be laid on the
    table without carrying with it the resolution itself (Sept. 25, 1990, p.
    ----). The motion to adjourn is admissible during the consideration of a
    report from the Committee on Rules, though not when another Member has
    the floor (Sept. 27, 1993, p. ----). Where the House adjourns during the
    consideration of a report from the Committee on Rules, further
    consideration of the report becomes the unfinished business on the
    following

      A motion to recommit a special rule from the Committee on Rules is not
    in order (VIII, 2270, 2753).

    Sec. 729c. Restrictions on authority of Committee on
    Rules.

      From  1934 until the amendment of clause 4(b) in the 104th Congress
    (sec. 210, H. Res. 6, Jan. 4, 1995, p. ----), it was consistently held
    that the Committee on Rules could recommend a special order that
    limited, but did not totally prohibit, a motion to recommit pending
    passage of a bill or joint resolution, as by precluding the motion from
    containing instructions relating to specified amendments (Speaker
    Rainey, sustained on appeal, Jan. 11, 1934, pp. 479-83); or by omitting
    to preserve the availability of amendatory instructions in the case that
    the bill is entirely rewritten by the adoption of a substitute made in
    order as original text (Speaker Foley, June 4, 1991, p. ----; Speaker
    Foley, Nov. 25, 1991, p. ----); or by expressly allowing only a simple
    (``straight'') motion to recommit (without instructions) (sustained by
    tabling of appeal, Oct. 16, 1990, p. ----; sustained by tabling of
    appeal, Feb. 26, 1992, p. ----; Speaker Foley, sustained by tabling of
    appeal, May 7, 1992, p. ----; Speaker Foley, sustained by tabling of
    appeal, June 16, 1992, p. ----; Nov. 21, 1993, p. ----; Nov. 22, 1993,
    p. ----). A special order providing for consideration of a bill under
    suspension of the rules does not prevent a motion to recommit from being
    made ``as provided in clause 4 of rule XVI,'' i.e., after the previous
    question is ordered on passage, a procedure not applicable to a motion
    to suspend the rules (Speaker Foley, June 21, 1990, p. ----). See
    Deschler's Precedents, vol. 6, ch. 21, sec. 26.11; see generally
    Deschler's Precedents, vol. 7, ch. 23, sec. 25.

      The caveat against including in a special order matter privileged to
    be reported by another committee (Deschler's Precedents, vol. 6, ch. 21,
    sec. 17.13) does not extend to a ``hereby'' resolution (e.g., that a
    concurrent resolution correcting the enrollment of a bill within the
    jurisdiction of another committee be considered as adopted by the House
    upon the adoption of the special order), so long as not precluding the
    motion to recommit a bill or joint resolution (Speaker Wright, May 4,
    1988, p. 9865).

    [[Page 499]]
    mitted the Senate to act first on the conference report, thereby
    denying the minority of the House any opportunity of making a motion to
    recommit (VIII, 2264).
      A special rule providing that a House bill with Senate amendments be
    taken from the Speaker's table, that the Senate amendments be disagreed
    to, that the Senate's request for a conference be agreed to, and that
    the Speaker appoint conferees without intervening motion, is not in
    violation of clause 4(b) of rule XI, since not precluding a motion to
    recommit after the ordering of the previous question on passage of the
    bill, and since the motion to recommit the conference report would
    remain available (VIII, 2266); but where such a resolution provided for
    the appointment of conferees without intervening motion in the case
    where the House is to ask for a conference, giving the Senate the right
    of first acting on the conference report, it was held in contravention
    of the rule because it both precluded a motion to commit the Senate
    amendment before conference and per

      While the Committee on Rules is forbidden to report special orders
    abrogating the Calendar Wednesday rule or excluding the motion to
    recommit after the previous question, a resolution making possible that
    ultimate result by permitting motions to suspend the rules for a week
    was held in order (VIII, 2267).

    Sec. 729d. Unfunded mandates.

      The  Unfunded Mandates Reform
    Act of 1995 (P.L. 104-4; 109 Stat. 48 et seq.) added a new part B to
    title IV of the Congressional Budget Act of 1974 (2 U.S.C. 658-658g)
    that, effective on January 1, 1996, or 90 days after appropriations are
    made available to the Congressional Budget Office pursuant to the 1995
    Act (whichever is earlier), imposes several requirements on committees
    with respect to ``Federal mandates'' (secs. 423-424; 2 U.S.C. 658b-c),
    establishes points of order to enforce those requirements (sec. 425; 2
    U.S.C. 658d), and precludes the consideration of a rule or order waiving
    such points of order in the House (sec. 426(a); 2 U.S.C. 658e(a)). See
    Sec. 1007, infra.

    [[Page 500]]
    consideration by the House of any public bill or joint resolution, on
    days when it shall be in order to call up motions to discharge
    committees it shall be in order for any Member of the House to call up
    for consideration by the House such adverse report, and it shall be in
    order to move the adoption by the House of such resolution adversely
    reported notwithstanding the adverse report of the Committee on Rules,
    and the Speaker shall recognize the Member seeking recognition for that
    purpose as a question of the highest privilege.

    Sec. 730. Filing reports.

      (c)  The Committee on Rules shall
    present to the House reports concerning rules, joint rules, and order of
    business, within three legislative days of the time when the bill or
    resolution involved is ordered reported by the committee. If any such
    rule or order is not considered immediately, it shall be referred to the
    calendar and, if not called up by the Member making the report within
    seven legislative days thereafter, any member of the Rules Committee may
    call it up as a question of privilege (but only on the day after the
    calendar day on which such Member announces to the House his intention
    to do so) and the Speaker shall recognize any member of the Rules
    Committee seeking recognition for that purpose. If the Committee on
    Rules makes an adverse report on any resolution pending before the
    committee, providing for an order of business for the

      Clause 4(c) was initially adopted January 18, 1924, amended December
    8, 1931 (VIII, 2268), January 3, 1949 (p. 16), January 3, 1951 (p. 18),
    January 4, 1965 (p. 24) (inserting the so-called ``21-day rule''),
    January 10, 1967 (H. Res. 7, p. 28) (deleting the ``21-day rule'' in
    effect in the 89th Congress), January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470). A special order reported from the Committee on
    Rules and not called up within seven legislative days may be called up
    by any member of that Committee, including a minority member (Nov. 13,
    1979, p. 32185; May 6, 1982, p. 8905). In the 100th Congress this
    paragraph was amended to require the member of the Committee on Rules
    calling up a report seven legislative days after its filing to have
    given one calendar day's notice to the House (H. Res. 5, Jan. 6, 1987,
    p. 6).

    Sec. 731. Comparative print.

      (d)  Whenever the Committee on
    Rules reports a resolution repealing or amending any of the Rules of the
    House of Representatives or part thereof it shall include in its report
    or in an accompanying document--

          (1) the text of any part of the Rules of the House of
    Representatives which is proposed to be repealed; and

    [[Page 501]]
    propriate typographical device the omissions and insertions proposed to
    be made.

          (2) a comparative print of any part of the resolution making such
    an amendment and any part of the Rules of the House of Representatives
    to be amended, showing by an ap

      Clause 4(d) was added to the rules under the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470), and is similar to the ``Ramseyer Rule''
    requirements of clause 3 of rule XIII relating to bills and joint
    resolutions repealing or amending existing law. This clause is
    applicable to resolutions reported from the Committee on Rules which
    propose direct permanent repeal or amendment of a rule of the House, but
    does not apply to resolutions providing temporary waivers of rules
    during the consideration of particular legislative business (Speaker
    Albert, Mar. 20, 1975, p. 7676; Mar. 24, 1975, p. 8418), or to a special
    order of business resolution providing for the consideration of a bill
    with textual modifications that would effect certain changes in House
    rules on enactment of the bill into law, but not itself repealing or
    amending any rule (May 27, 1993, p. ----).

    Sec. 731a. Specifying waivers.

      (e)  Whenever the Committee on
    Rules reports a resolution providing for the consideration of any
    measure, it shall, to the maximum extent possible, specify in the
    resolution the object of any waiver of a point of order against the
    measure or against its consideration.

      Paragraph (e) was adopted in this form in the 104th Congress (sec.
    211, H. Res. 6, Jan. 4, 1995, p. ----). In the 95th and 96th Congresses
    clause 4 included a paragraph (e) relating to the Speaker's authority to
    postpone proceedings on reports from the Committee on Rules, but that
    provision was among those consolidated in clause 5(b)(1) of rule I in
    the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113).

                               Committee Expenses

    [[Page 502]]
    ported by the Committee on House Oversight. Any such
    primary <> expense resolution
    reported to the House shall not be considered in the House unless a
    printed report on that resolution has been available to the Members of
    the House for at least one calendar day prior to the consideration of
    that resolution in the House. Such report shall, for the information of
    the House--

    Sec. 732a. Primary expense resolution.

      5.  (a) Whenever any
    committee, commission, or other entity (except the Committee on
    Appropriations) is to be granted authorization for the payment of its
    expenses (including all staff salaries) for a Congress, such
    authorization initially shall be procured by one primary expense
    resolution re

          (1) state the total amount of the funds to be provided to the
    committee, commission or other entity under the primary expense
    resolution for all anticipated activities and programs of the committee,
    commission or other entity; and

          (2) to the extent practicable, contain such general statements
    regarding the estimated foreseeable expenditures for the respective
    anticipated activities and programs of the committee, commission or
    other entity as may be appropriate to provide the House with basic
    estimates with respect to the expenditure generally of the funds to be
    provided to the committee, commission or other entity under the primary
    expense resolution.

    [[Page 503]]
    on House Oversight, as necessary. Any such supplemental expense
    resolution reported to the House shall not be considered in the House
    unless a printed report on that resolution has been available to the
    Members of the House for at least one calendar day prior to the
    consideration of that resolution in the House. Such report shall, for
    the information of the House--

    Sec. 732c. Additional expense resolution.

      (b) After the date of adoption by the House of any such primary
    expense  resolution
    for any such committee, commission, or other entity for any Congress,
    authorization for the payment of additional expenses (including staff
    salaries) in that Congress may be procured by one or more supplemental
    expense resolutions reported by the Committee

          (1) state the total amount of additional funds to be provided to
    the committee, commission or other entity under the supplemental expense
    resolution and the purpose or purposes for which those additional funds
    are to be used by the committee, commission or other entity; and

          (2) state the reason or reasons for the failure to procure the
    additional funds for the committee, commission or other entity by means
    of the primary expense resolution.

      (c) The preceding provisions of this clause do not apply to--

    [[Page 504]]

    Sec. 732cc. Exception for certain initial
    funding.

          (1) any  resolution providing for the payment from committee salary
    and expense accounts of the House of sums necessary to pay compensation
    for staff services performed for, or to pay other expenses of, any
    committee, commission or other entity at any time from and after the
    beginning of any odd-numbered year and before the date of adoption by
    the House of the primary expense resolution providing funds to pay the
    expenses of that committee, commission or other entity for that
    Congress; or

          (2) any resolution providing in any Congress, for all of the
    standing committees of the House, additional office equipment, airmail
    and special delivery postage stamps, supplies, staff personnel, or any
    other specific item for the operation of the standing committees, and
    containing an authorization for the payment from committee salary and
    expense accounts of the House of the expenses of any of the foregoing
    items provided by that resolution, subject to and until enactment of the
    provisions of the resolution as permanent law.

      Paragraphs (a)-(c) of this clause were originally contained in section
    110(b) of the Legislative Reorganization Act of 1970 (84 Stat. 1140) and
    was added to the rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p.
    144). Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974,
    p. 34470), the authority of all committees to incur expenses, including
    travel expenses, was made contingent upon adoption by the House of
    resolutions reported pursuant to this clause (clause 1(b) of rule XI).
    The clause was amended in the 95th Congress (H. Res. 5, Jan. 4, 1977,
    pp. 53-70) to extend its applicability to all committees, commissions,
    and entities rather than just to standing committees. Paragraphs (a)-(c)
    were amended in the 104th Congress to institute biennial funding of
    committee expenses and to require that all committee staff salaries and
    expenses (including statutory staff) be authorized by expense resolution
    (sec. 101(c), H. Res. 6, Jan. 4, 1995, p. ----).

      The Committee on Appropriations is not covered by this clause, but is
    reimbursed by funds in appropriation acts for expenses of examinations
    of estimates of appropriations in the field (31 U.S.C. 22a). An
    exemption from this clause for the Committee on the Budget was effective
    from the enactment of the Congressional Budget Act of 1974 through the
    103d Congress.

    [[Page 505]]

      Based on the exception stated in paragraph (c), a resolution
    establishing a task force of members of a standing committee and
    providing for the payment of its expenses from the contingent fund of
    the House was held not to be subject to a point of order under clause
    5(a) for lack of report language detailing the funding provided, since
    the resolution was called up at the beginning of the session prior to
    consideration of a primary expense resolution for all committees for
    that calendar year (Feb. 5, 1992, p. ----).

      Under clause 2(d)(2) of rule X, a committee expense resolution, or an
    amendment thereto, is not in order for a committee that has not
    submitted its oversight plans (see Sec. 692b, supra).

    Sec. 732d. Funds for committee staffs; expense
    resolutions.

      (d)  From the funds made available for the appointment of
    committee staff pursuant to any primary or additional expense
    resolution, the chairman of each committee shall ensure that sufficient
    staff is made available to each subcommittee to carry out its
    responsibilities under the rules of the committee, and that the minority
    party is fairly treated in the appointment of such staff.

      Paragraph (d) was adopted in this form in the 104th Congress (sec.
    101(c)(4), H. Res. 6, Jan. 4, 1995, p. ----). The preceding form of the
    paragraph, first adopted in the 94th Congress, authorized the chairman
    and ranking minority member of a subcommittee each to appoint one staff
    member to the subcommittee (H. Res. 5, Jan. 14, 1975, p. 20). As adopted
    in the 93d Congress to take effect on the first day of the 94th
    Congress, the paragraph had required that each standing committee, upon
    request of a majority of its minority members, devote one-third of its
    staffing funds to the needs of the minority (H. Res. 988, Oct. 8, 1974,
    p. 34470). As originally adopted in the 92d Congress, the paragraph had
    required that the minority be accorded fair consideration in the
    appointment of committee staff (H. Res. 5, Jan. 22, 1971, p. 144).

    [[Page 506]]

    Sec. 732e. Travel by members not
    reelected.

      (e) No primary expense resolution or additional expense resolution of
    a committee may provide for the  payment or reimbursement of expenses incurred by any member
    of the committee for travel by the member after the date of the general
    election of Members in which the Member is not elected to the succeeding
    Congress, or in the case of a Member who is not a candidate in such
    general election, the earlier of the date of such general election or
    the adjournment sine die of the last regular session of the Congress.

      Paragraph (e) was adopted on March 2, 1977 (H. Res. 287, 95th Cong.,
    pp. 5933-53).

    Sec. 732f. Interim funding.

      (f)(1)  For continuance of
    necessary investigations and studies by--

          (A) each standing committee and select committee established by
    these rules; and

          (B) except as provided in subparagraph (2), each select committee
    established by resolution;
    there shall be paid out of committee salary and expense accounts of the
    House such amounts as may be necessary for the period beginning at noon
    on January 3 and ending at midnight on March 31 in each odd-numbered
    year.

      (2) In the case of the first session of a Congress, amounts shall be
    made available under this paragraph for a select committee established
    by resolution in the preceding Congress only if--

              (A) a reestablishing resolution for such select committee is
    introduced in the present Congress; and

              (B) no resolution of the preceding Congress provided for
    termination of funding of investigations and studies by such select
    committee at or before the end of the preceding Congress.

    [[Page 507]]
    available under expense resolutions for such committee in the preceding
    session of Congress.
      (3) Each committee receiving amounts under this paragraph shall be
    entitled, for each month in the period specified in subparagraph (1), to
    9 per centum (or such lesser per centum as may be determined by the
    Committee on House Oversight) of the total annualized amount made

      (4) Payments under this paragraph shall be made on vouchers authorized
    by the committee involved, signed by the chairman of such committee,
    except as provided in subparagraph (5), and approved by the Committee on
    House Oversight.

      (5) Notwithstanding any provision of law, rule of the House, or other
    authority, from noon on January 3 of the first session of a Congress,
    until the election by the House of the committee involved in that
    Congress, payments under this paragraph shall be made on vouchers signed
    by--

          (A) the chairman of such committee as constituted at the close of
    the preceding Congress; or

          (B) if such chairman is not a Member in the present Congress, the
    ranking majority party member of such committee as constituted at the
    close of the preceding Congress who is a Member in the present Congress.

      (6)(A) The authority of a committee to incur expenses under this
    paragraph shall expire upon agreement by the House to a primary expense
    resolution for such committee.

          (B) Amounts made available under this paragraph shall be expended
    in accordance with regulations prescribed by the Committee on House
    Oversight.

    [[Page 508]]
    any resolution, reported by the Committee on House Oversight and
    adopted after the date of adoption of these rules.

          (C) The provisions of this paragraph shall be effective only
    insofar as not inconsistent with

      Paragraph (f) was added to this clause in the 99th Congress, to
    provide automatic interim funding for committees at the beginning of a
    Congress (H. Res. 7, Jan. 3, 1985, p. 393). Resolutions providing such
    interim funding had been routinely adopted at the convening of Congress
    before the adoption of this standing authority. In the 100th Congress,
    paragraphs (f)(1) and (2) were amended to make the automatic committee
    funding mechanism applicable to the first three months of the second
    session of a Congress, as well as the first session, and to authorize
    the Committee on House Administration (now House Oversight) to establish
    interim funding for any committee at a percentage lower than 9 percent
    of the total annualized amount (H. Res. 5, Jan. 6, 1987, p. 6). In the
    104th Congress paragraph (f) was amended to reflect the new name of the
    Committee on House Oversight (sec. 202(b), H. Res. 6, Jan. 4, 1995, p.
    ----).

      At its organization the 104th Congress suspended the operation of
    paragraph (f) in favor of special provisions for interim funding in
    light of its abolishment of three standing committees, its reduction in
    the overall number of committee staff, and its institution of biennial
    primary expense resolutions (sec. 101(c)(3), H. Res. 6, Jan. 4, 1995, p.
    ----).

                                Committee Staffs

    Sec. 733a. Thirty professional staff.

      6.  (a)(1) Subject to
    subparagraph (2) and paragraph (f), each standing committee may appoint,
    by majority vote of the committee, not more than thirty professional
    staff members from the funds provided for the appointment of
    committee <> staff pursuant to primary and
    additional expense resolutions. Each professional staff member appointed
    under this subparagraph shall be assigned to the chairman and the
    ranking minority party member of such committee, as the committee
    considers advisable.

    [[Page 509]]
    mittee (except the Committee on Standards of Official Conduct and the
    Permanent Select Committee on Intelligence) so request, not more than
    ten persons (or one-third of the total professional committee staff
    appointed under this clause, whichever is less) may be selected, by
    majority vote of the minority party members, for appointment by the
    committee as professional staff members from among the number authorized
    by subparagraph (1) of this paragraph. The committee shall appoint any
    persons so selected whose character and qualifications are acceptable to
    a majority of the committee. If the committee determines that the
    character and qualifications of any person so selected are unacceptable
    to the committee, a majority of the minority party members may select
    other persons for appointment by the committee to the professional staff
    until such appointment is made. Each professional staff member appointed
    under this subparagraph shall be assigned to such committee business as
    the minority party members of the committee consider advisable.

    Sec. 733c. Minority.

      (2)  Subject to paragraph (f) of this
    clause, whenever a majority of the minority party members of a standing
    com

    [[Page 510]]
    on the Budget was included in section 901 of the Congressional Budget
    Act of 1974 (88 Stat. 330), was later omitted under the Committee Reform
    Amendments of 1974 (H. Res. 988, Oct. 8, 1974, p. 34470), and was
    reinserted by the 94th Congress (H. Res. 5, Jan. 14, 1975, p. 20). Also
    added in 1975 was a requirement that staff positions made available to
    subcommittee chairmen and ranking minority members pursuant to former
    provisions of clause 5 of rule XI be provided from staff positions
    available under clause 6 unless provided in a primary or additional
    expense resolution. The 98th Congress added the Permanent Select
    Committee on Intelligence to the exception for the Committee on
    Standards of Official Conduct (H. Res. 58, Mar. 1, 1983, p. 3241). The
    101st Congress added an exemption for the Committee on Rules (H. Res. 5,
    Jan. 3, 1989, p. 72). The Ethics Reform Act of 1989 struck the anti-
    discrimination provisions as redundant (P.L. 101-194, Nov. 30, 1989).
    The 104th Congress eliminated the former distinction between
    professional and clerical staff, set the authorized maximum for
    committee staff under expense resolutions at 30, and set the entitlement
    of the minority within that number at one-third (sec. 101(c)(5), H. Res.
    6, Jan. 4, 1995, p. ----). The 104th Congress also mandated that the
    total number of staff of House committees be at least one-third less
    than the corresponding total in the 103d Congress (sec. 101(a), H. Res.
    6, Jan. 4, 1995, p. ----).
      This clause had its origins in section 202 of the Legislative
    Reorganization Act of 1946 (60 Stat. 812), which allocated up to four
    non-partisan professionals to each committee other than Appropriations
    and specifically provided for clerical staff, and which was incorporated
    into the rules on January 3, 1953 (p. 24). Section 302(b) of the
    Legislative Reorganization Act of 1970 (84 Stat. 1140), which increased
    the authorized maximum for professional staff from four to six and added
    the concept of minority staffing, was incorporated into the rules in the
    92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). In the 93d Congress the
    maximum was increased from six to 18, the minority entitlement within
    that number was increased from two to six, a requirement that
    professional staff be appointed without regard to political affiliation
    was eliminated, and prohibitions against consideration of race, creed,
    sex, or age in the appointment of staff were added (H. Res. 988, Oct. 8,
    1974, p. 34470). An exemption for the Committee

       Additional clerks of committees are authorized by the Committee on
    House Oversight and agreed to by the House. There is no legal power to
    fill a vacancy in the clerkship of a committee after one Congress has
    expired and before the next House has been organized (IV, 4539). An
    assault upon the clerk of a committee within the walls of the Capitol
    was held to be a breach of privilege (II, 1629). The pay of clerks has
    been the subject of several decisions (IV, 4536-4538).

    Sec. 734a. Staff duties.

      (b)(1)  The professional staff
    members of each standing committee

              (A) may not engage in any work other than committee business
    during congressional working hours; and

              (B) may not be assigned any duties other than those pertaining
    to committee business.

    [[Page 511]]
    pensation paid by the committee for any such employee is commensurate
    with the work performed for the committee, in accordance with the
    provisions of clause 8 of rule XLIII.

    Sec. 734b. ``Associate'' or
    ``shared'' staff.

      (2) This paragraph does not apply to any staff designated by a
    committee as ``associate''   or ``shared'' staff who are not paid exclusively by
    the committee, provided that the chairman certifies that the com

      (3) The use of any ``associate'' or ``shared'' staff by any committee
    shall be subject to the review of, and to any terms, conditions, or
    limitations established by, the Committee on House Oversight in
    connection with the reporting of any primary or additional expense
    resolution.

      (4) The foregoing provisions of this clause do not apply to the
    Committee on Appropriations.

      The Ethics Reform Act of 1989 prescribed that staff work be confined
    to committee business during congressional working hours but maintained
    exceptions for the Committees on the Budget and Rules (P.L. 101-194,
    Nov. 30, 1989). The 104th Congress eliminated exceptions by committee in
    favor of exceptions for ``associate'' or ``shared'' staff (sec.
    101(c)(5), H. Res. 6, Jan. 4, 1995, p. ----).

    Sec. 735. Pay.

      (c)  Each employee on the professional and
    investigative staff of each standing committee shall be entitled to pay
    at a single gross per annum rate, to be fixed by the chairman, which
    does not exceed the maximum rate of pay, as in effect from time to time,
    under applicable provisions of law.

    [[Page 512]]
    At the beginning of the 101st Congress, the references in clause 6(c)
    to particular levels of the executive schedule were deleted (H. Res. 5,
    Jan. 3, 1989, p. 72). In the 104th Congress paragraph (c) was amended to
    reflect the elimination of the former distinction between
    ``professional'' and ``clerical'' staff (sec. 101(c)(5), H. Res. 6, Jan.
    4, 1995, p. ----).

      This provision was derived from section 477(c) of the Legislative
    Reorganization Act of 1970 (84 Stat. 1140) and was incorporated into the
    rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144). Under the
    Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470), the maximum salary was set at
    level V of the Executive Schedule, rather than at the highest rate of
    basic pay under section 5332(a) of Title V, U.S. Code as specified in
    the 1970 Reorganization Act, and effective in the 95th Congress (H. Res.
    5, Jan. 4, 1977, pp. 53-70), the authority for two professional staff to
    be paid at Level IV of the Executive Schedule was added to the clause.
    Under section 311 of the Legislative Branch Appropriations Act, 1988 (2
    U.S.C. 60a-2a), the maximum salary for staff members is now set by pay
    order of the Speaker.

    Sec. 736. Staff, Committees on Appropriations.

      (d)  Subject
    to appropriations hereby authorized, the Committee on Appropriations may
    appoint such staff, in addition to the clerk thereof and assistants for
    the minority, as it determines by majority vote to be necessary, such
    personnel, other than minority assistants, to possess such
    qualifications as the committee may prescribe.

      Clause 6(d) derives from section 202(b) of the Legislative
    Reorganization Act of 1946 (60 Stat. 812), which was incorporated into
    the rules on January 3, 1953 (p. 24). The exemption was extended to the
    Committee on the Budget by section 901 of the Congressional Budget Act
    of 1974 (88 Stat. 330). The reference to that committee was
    inadvertently omitted by the 93d Congress (H. Res. 988, Oct. 8, 1974, p.
    34470) and reinserted by the 94th Congress (H. Res. 5, Jan. 14, 1975, p.
    20). The 104th Congress deleted the exemption for the Committee on the
    Budget (sec. 101(c)(5), H. Res. 6, Jan. 4, 1995, p. ----).

    Sec. 737.

      (e)  No committee shall appoint to its staff any
    experts or other personnel detailed or assigned from any department or
    agency of the Government, except with the written permission of the
    Committee on House Oversight.

      This clause was contained in section 202(f) of the Legislative
    Reorganization Act of 1946 (60 Stat. 812) and was incorporated into the
    rules on January 3, 1953 (p. 24). In the 104th Congress it was amended
    to reflect the new name of the Committee on House Oversight (sec.
    202(b), H. Res. 6, Jan. 4, 1995, p. ----).

    [[Page 513]]
    nevertheless shall appoint, under paragraph (a), the person selected by
    the minority and acceptable to the committee. The person so appointed
    shall serve as an additional member of the professional staff of the
    committee, and shall be paid from the contingent fund, until such a
    vacancy (other than a vacancy in the position of head of the
    professional staff, by whatever title designated) occurs, at which time
    that person shall be deemed to have been appointed to that vacancy. If
    such vacancy occurs on the professional staff when seven or more persons
    have been so appointed who are eligible to fill that vacancy, a majority
    of the minority party members shall designate which of those persons
    shall fill that vacancy.
      (f) If a request for the appointment of a minority professional staff
    member under paragraph (a) is made when no vacancy exists to which that
    appointment may be made, the committee

      (g) Each staff member appointed pursuant to a request by minority
    party members under paragraph (a) of this clause, and each staff member
    appointed to assist minority party members of a committee pursuant to an
    expense resolution described in paragraph (a) of clause 5, shall be
    accorded equitable treatment with respect to the fixing of his or her
    rate of pay, the assignment to him or her of work facilities, and the
    accessibility to him or her of committee records.

    [[Page 514]]
    graph (a)(1) who are satisfactory to a majority of the minority party
    members, are otherwise assigned to assist the minority party members.

      (h) Paragraph (a) shall not be construed to authorize the appointment
    of additional professional staff members of a committee pursuant to a
    request under such paragraph by the minority party members of that
    committee if ten or more professional staff members provided for in para

    -  (i) <> Notwithstanding paragraph
    (a)(2), a committee may employ non-partisan staff, in lieu of or in
    addition to committee staff designated exclusively for the majority or
    minority party, upon an affirmative vote of a majority of the members of
    the majority party and a majority of the members of the minority party.

      Paragraphs (f)-(h) of this clause are derived from section 302(c) of
    the Legislative Reorganization Act of 1970 (84 Stat. 1140) and were
    incorporated into the rules in the 92d Congress (H. Res. 5, Jan. 22,
    1971, p. 144). Effective January 3, 1975 (H. Res. 988, 93d Cong., Oct.
    8, 1974, p. 34470), conforming changes were made in paragraphs (f) and
    (h) to reflect increased minority professional and clerical staff
    permitted to committees under paragraphs (a) and (b) of this clause. In
    the 104th Congress paragraphs (f)-(h) were amended to reflect the
    elimination of the former distinction between ``professional'' and
    ``clerical'' staff (sec. 101(c)(5), H. Res. 6, Jan. 4, 1995, p. ----).
    The 104th Congress also mandated that the total number of staff of House
    committees be at least one-third less than the corresponding total in
    the 103d Congress (sec. 101(a), H. Res. 6, Jan. 4, 1995, p. ----).

      Section 202(a) of the Legislative Reorganization Act of 1946 (60 Stat.
    812), which was incorporated into the rules on January 3, 1953 (p. 24),
    required committee professional staffs to be appointed on a permanent
    basis without regard to political affiliation. The concept of minority
    staffing was added by section 302(b) of the Legislative Reorganization
    Act of 1970. Under the Committee Reform Amendments of 1974, effective
    January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470),
    paragraph (i) was added to permit committees to employ nonpartisan staff
    upon an affirmative vote of the majority of the members of each party.
    In the 104th Congress it was amended to reflect the elimination of the
    former distinction between ``professional'' and ``clerical'' staff (sec.
    101(c)(5), H. Res. 6, Jan. 4, 1995, p. ----).

    [[Page 515]]
    gressional Record, on the names, professions and salaries of committee
    employees.

    [House Rules Manual -- House Document No. 103-342]
    [Page 515-517]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-96]

    Sec. 739. Reports on staff.

      Effective  in the 95th Congress
    (H. Res. 5, Jan. 4, 1977, pp. 53-70), former clause 6(j), which was
    added on January 3, 1953 (p. 24) and which was contained in section
    134(b) of the Legislative Reorganization Act of 1945, was deleted; that
    clause required committees to report semiannually to the Clerk, for
    printing in the Con

                                    Rule XII.

                      RESIDENT COMMISSIONER AND DELEGATES.

    Sec. 740. Powers and Privileges of Resident Commissioner and
    Delegates as to committee service.

        The Resident Commissioner to the
    United States from Puerto Rico and each Delegate to the House shall be
    elected to serve on standing committees in the same manner as Members of
    the House and shall possess in such committees the same powers and
    privileges as the other Members.

    [[Page 516]]
    within which the votes of Delegates and the Resident Commissioner were
    decisive; see Sec. 864b, infra).
      The rule resumed this form in the 104th Congress (sec. 212, H. Res. 6,
    Jan. 4, 1995, p. ----). The first form of this rule was adopted in 1871,
    and it was perfected by amendments in 1876, 1880, 1887, 1892 (II, 1297),
    and on January 2, 1947 (Legislative Reorganization Act of 1946), August
    2, 1949 (p. 10618), and February 2, 1951 (p. 883). It was completely
    revised in the 92d Congress to delete references to Delegates from the
    former Territories of Alaska and Hawaii, which had achieved statehood in
    1959, to add a reference to the Delegate from the District of Columbia,
    an office established by Public Law 91-405 (84 Stat. 845), and to
    incorporate the provisions of the Legislative Reorganization Act of 1970
    giving the Resident Commissioner (as well as the new Delegate from the
    District of Columbia) the right to vote in standing committees (H. Res.
    5, Jan. 22, 1971, p. 144). The second clause of the rule was again
    revised in the 93d Congress (H. Res. 6, Jan. 3, 1973, pp. 26-27) to
    reflect the establishment of offices of Delegate from the Territories of
    Guam and the Virgin Islands pursuant to Public Law 92-271 (86 Stat.
    118). The office of Delegate from American Samoa was established by
    Public Law 95-556 (92 Stat. 2078) and was first filled by the general
    Federal election of 1980. The title of the rule was amended in the 102d
    Congress amended to reflect the current membership in the House of the
    Resident Commissioner of Puerto Rico and all Delegates (H. Res. 5, Jan.
    3, 1991, p. ----). The rule was completely revised again in the 103d
    Congress (H. Res. 5, Jan. 5, 1993, p. ----) to provide that each of the
    Delegates and the Resident Commissioner be elected to committees of the
    House on the same bases, vote in any committees on which they serve, and
    vote on questions arising in the Committee of the Whole House on the
    state of the Union. The latter power was affected by clause 2(d) of rule
    XXIII (providing for immediate reconsideration in the House of questions
    resolved in the Committee of the Whole by a margin

      The constitutionality of granting to Delegates the right to vote in
    the Committee of the Whole under this rule, as circumscribed by former
    clause 2(d) of rule XXIII, was upheld based on the premise that
    immediate ``revote'' where votes cast by Delegates had been decisive
    rendered their votes merely symbolic and not an investment of true
    legislative power (Michel v. Anderson, 14 F.3d 623 (D.C. Cir. 1994)).
    The changes effected in the 103d Congress were revoked in the 104th
    Congress (sec. 212, H. Res. 6, Jan. 4, 1995, p. ----).

      Under an earlier practice, Delegates did not vote in committee (VI,
    243); but this had not always been so (II, 1301).

      Prior to the 94th Congress, a Delegate or the Resident Commissioner
    could not be appointed as a conferee on bills sent to conference with
    the Senate (Sept. 18, 1973, p. 30144; July 20, 1973, p. 25201), but
    clause 6(h) of rule X, which became effective January 3, 1975, provided
    that the Speaker may appoint the Delegates or the Resident Commissioner
    to any conference committee considering legislation reported from a
    committee on which they serve (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470). Clause 6(h) was further amended in the 96th Congress (H. Res. 5,
    Jan. 15, 1979, pp. 7-16) to authorize the Speaker to appoint the
    Resident Commissioner and Delegates to any select committee; prior to
    that change they could be appointed to select committees only with the
    permission of the House (Sept. 21, 1976, p. 31673). In the 103d
    Congress, clause 6(h) was once again amended to authorize the Speaker to
    appoint Delegates and the Resident Commissioner to serve on any
    conference committee (H. Res. 5, Jan. 5, 1993, p. ----).

      The Resident Commissioner, who under the rules of the 91st and earlier
    Congresses, was designated as an additional member of the Committees on
    Agriculture, Armed Services, and Interior and Insular Affairs, is now
    elected to committees in the same fashion as are other Members and may
    exercise in those committees on which he serves the same powers as other
    members, including the right to vote.

      The office of Delegate was established by ordinance of the Continental
    Congress and confirmed by a law of Congress (I, 400, 421). The nature of
    the office has been the subject of much discussion (I, 400, 403, 473);
    and except as provided by law (I, 431, 526) the qualifications of the
    Delegate also have been a matter of discussion (I, 421, 423, 469, 470,
    473). A territory or district must be organized by law before the House
    will admit a Delegate (I, 405, 407, 411, 412).

    [[Page 517]]
    He has been recognized to object to the consideration of a bill (VI,
    241), to a unanimous consent request to concur in a Senate amendment
    (June 29, 1984, p. 20267), and has made reports for committees (July 1,
    1958, p. 12870). The rights and prerogatives of a Delegate in
    parliamentary matters are not limited to legislation affecting his own
    territory (VI, 240).
      The law provides that on the floor of the House a Delegate may debate
    (II, 1290), and he may in debate call a Member to order (II, 1295). He
    may make any motion which a Member may make except the motion to
    reconsider (II, 1291, 1292). A Delegate may make a point of order (VI,
    240). A Delegate has even moved an impeachment (II, 1303). He may be
    appointed a teller (II, 1302); but the law forbids him to vote (II,
    1290).

      At the organization of the House, the Delegates and Resident
    Commissioner are sworn (I, 400, 401); but the Clerk does not put them on
    the roll (I, 61, 62). In the 103d Congress on recorded votes in the
    Committee of the Whole, their names were listed alphabetically with the
    names of Members (Feb. 3, 1993, p. ----).

      A Delegate resigns in a communication addressed to the Speaker (II,
    1304). He may be arrested and censured for disorderly conduct (II,
    1305), but there has been disagreement as to whether he should be
    expelled by a majority or two-thirds vote (I, 469).

      The privileges of the floor with the right to debate were extended to
    Resident Commissioners in the 60th Congress (VI, 244). Prior to the
    independence of the Philippines it was represented in the House by
    Resident Commissioners.

    [House Rules Manual -- House Document No. 103-342]
    [Page 517-525]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-97]

      The first form of the rule with reference to the Resident Commissioner
    was adopted in 1904 (II, 1306). The Act of May 17, 1932, changed the
    name of Porto Rico to Puerto Rico (48 U.S.C. 731a).

                                   Rule XIII.

                      CALENDARS AND REPORTS OF COMMITTEES.

    Sec. 742. Calendar for reports of committees.

      1.  There shall
    be three calendars to which all business reported from committees shall
    be referred, viz.:

      First. A Calendar of the Committee of the Whole House on the state of
    the Union, to which shall be referred bills raising revenue, general
    appropriation bills, and bills of a public character directly or
    indirectly appropriating money or property.

    [[Page 518]]

      Second. A House Calendar, to which shall be referred all bills of a
    public character not raising revenue nor directly or indirectly
    appropriating money or property.

      Third. A Calendar of the Committee of the Whole House, to which shall
    be referred all bills of a private character.

      This clause was adopted in 1880 and amended in 1911 (VI, 742); but as
    early as 1820 a rule was adopted creating calendars for the Committees
    of the Whole. Bills not requiring consideration in Committee of the
    Whole were considered when reported, but in 1880 the House Calendar was
    created to remedy the delays in making reports caused by such
    consideration (IV, 3115). Reference of bills to calendars is governed by
    text of bills as referred to committees and amendments reported by
    committees are not considered (VIII, 2392).

      A motion to correct an error in referring a bill to the proper
    calendar presents a question of privilege (III, 2614, 2615); but a mere
    clerical error in the calendar does not give rise to such question (III,
    2616). A bill improperly reported is not entitled to a place on the
    calendar (IV, 3117).

      A bill on the wrong calendar may be transferred to the proper calendar
    as of date of original reference by direction of the Speaker (VI, 744-
    748; VII, 859, 2406; Dec. 7, 1950, p. 16307; Apr. 26, 1984, p. 10242;
    Sept. 10, 1990, p. ----). But the Speaker has no authority to change
    calendar reference made by the House (VI, 749; VII, 859). Reports from
    the Court of Claims do not remain on the calendar from Congress to
    Congress, even when a law seems so to provide (IV, 3298-3302). In
    determining whether a bill should be placed on the House or Union
    Calendar, clause 3 of rule XXIII should be consulted. The Speaker may
    correct the erroneous referral of a bill as private by referring it to
    the appropriate (Union) calendar as a public bill when reported (June 1,
    1988, p. 13184).

      Although the Speaker has no general authority to remove a reported
    bill from the Union Calendar (other than to correct the erroneous
    reference of a reported bill between Calendars), he may discharge a bill
    therefrom for reference to another committee when required (1) by
    section 401(b) of the Congressional Budget Act of 1974, mandating 15-day
    referral to the Committee on Appropriations of reported bills providing
    new entitlement authority in excess of that allocated to the reporting
    committee in connection with the most recently agreed to concurrent
    resolution on the budget (Speaker O'Neill, Sept. 8, 1977, p. 28153), or
    (2) by clause 5 of rule X, authorizing and directing the Speaker to
    assure that each committee has responsibility to consider legislation
    within its jurisdiction by fashioning sequential referrals where
    appropriate (Speaker O'Neill, Apr. 27, 1978, p. 11742; June 19, 1986, p.
    14741).

    [[Page 519]]
    for printing and reference to the proper calendar under the direction
    of the Speaker, in accordance with the foregoing clause, and the titles
    or subject thereof shall be entered on the Journal and printed in the
    Record: Provided, That bills reported <> adversely shall be laid on the table, unless the committee
    reporting a bill, at the time, or any Member within three days
    thereafter, shall request its reference to the calendar, when it shall
    be referred, as provided in clause 1 of this rule.

    Sec. 743. Nonprivileged reports filed with the Clerk.

      2.  All
    reports of committees, except as provided in clause 4(a) of rule XI,
    together with the views of the minority, shall be delivered to the Clerk

      A technical amendment changing the reference herein to clause 4(a) of
    rule XI (relating to privileged reports), was effected by the 93d
    Congress (H. Res. 988, Oct. 8, 1974, p. 34470).

      A resolution of inquiry is referred to the House Calendar even when
    reported adversely (VI, 411).

      Under the provisions of clause 2(l)(6) of rule XI, a measure or matter
    may not be called up for consideration until the third calendar day
    (excluding Saturdays, Sundays, and legal holidays) on which the report
    thereon has been available to the Members of the House. Clause 7 of rule
    XXI places a similar restriction on the consideration of general
    appropriation bills and adds the requirement that printed hearings on
    those bills must be available for the same time period. Expense
    resolutions reported from the Committee on House Oversight have a one-
    day layover under clause 5(a) of rule XI; and reports from the Committee
    on Rules may be called up when filed subject to the two-thirds vote
    requirement of clause 4(b) of rule XI, except that under clause 2(l)(6)
    of rule XI reports from the Committee on Rules merely waiving the three
    day availability requirement may be immediately considered and do not
    require a two-thirds vote.

      Unless filed with the report, minority, supplemental or additional
    views may be presented only with the consent of the House (IV, 4600;
    VIII, 2231, 2248). See clause 2(l)(5) of rule XI for the procedure by
    which such views may be filed as part of the committee report.

    [[Page 520]]

      A supplemental report to correct a technical error in a committee
    report may be filed without the consent of the House (clause 2(l)(5) of
    rule XI). It has been held that the fact that a report was not printed
    by the Public Printer as originally made to the House does not prevent
    the consideration of the matter reported (VIII, 2307). A committee may
    not file its report on a bill after the House has passed the bill (Sept.
    30, 1985, p. 25270).

    Sec. 745. ``Ramseyer Rule.''

      3.  Whenever a committee reports
    a bill or a joint resolution repealing or amending any statute or part
    thereof it shall include in its report or in an accompanying document--

          (1) The text of the statute or part thereof which is proposed to
    be repealed; and

          (2) A comparative print of that part of the bill or joint
    resolution making the amendment and of the statute or part thereof
    proposed to be amended, showing by stricken-through type and italics,
    parallel columns, or other appropriate typographical devices the
    omissions and insertions proposed to be made: Provided, however, That if
    a committee reports such a bill or joint resolution with amendments or
    an amendment in the nature of a substitute for the entire bill, such
    report shall include a comparative print showing any changes in existing
    law proposed by the amendments or substitute instead of as in the bill
    as introduced.

      The first part of this paragraph was adopted January 28, 1929 (VIII,
    2234), was redesignated as subsection (3) January 3, 1953 (p. 24), and
    the proviso was added September 22, 1961 (p. 20823).

    [[Page 521]]
    them (VIII, 2237, 2245, 2250). A bill having been recommitted for
    failure to conform to the rule, further proceedings are de novo and the
    bill must again be considered and reported by the committee as if no
    previous report had been made (VIII, 2249). Special orders providing for
    consideration of bills, unless specifically waiving points of order, do
    not preclude the point of order that reports on such bills fail to
    indicate proposed changes in existing law (VIII, 2245). The rule applies
    to appropriation bills where such bills include legislative provisions
    (VIII, 2241) and reports on appropriation bills are also subject to the
    requirements of clause 3 of rule XXI, requiring a concise statement of
    the effect of any direct or indirect changes in the application of
    existing law. In order to fall within the purview of the rule the bill
    must seek to repeal or amend specifically an existing law (VIII, 2235,
    2239, 2240). Where the comparative print contained certain errors in
    punctuation and capitalization and utilized abbreviations not appearing
    in existing provisions of law, the Speaker held that the committee
    report was in substantial compliance with the rule and overruled a point
    of order against the report (July 25, 1966, p. 16842; July 30, 1968, pp.
    24252-54). The point of order that a report fails to comply with the
    rule is properly made when the bill is called up in the House and comes
    too late after the House has resolved into the Committee of the Whole
    for its consideration (VIII, 2243-2245).

      Failure of a committee report to comply with the rule may be remedied
    by a supplemental report (VIII, 2247); and while the filing of such a
    corrective report formerly required the consent of the House (VIII,
    2248), it may now be filed with the Clerk pursuant to clause 2(l)(5) of
    rule XI. Although a bill proposes but one minor and obvious change in
    existing law, the failure of the report to indicate the change is in
    violation of the rule (VIII, 2236). The statute proposed to be amended
    must be quoted in the report and it is not sufficient that it is
    incorporated in the bill (VIII, 2238). Under the rule the committee
    report on a bill amending existing law by the addition of a proviso
    should quote in full the section immediately preceding the proposed
    amendment (VIII, 2237). Bills held to be in violation of the rule are
    automatically recommitted to the respective committees reporting

    Sec. 745a. Corrections Calendar.

      4.  (a) After a bill has
    been favorably reported and placed on either the Union or House
    Calendar, the Speaker may, after consultation with the Minority Leader,
    file with the Clerk a notice requesting that such bill also be placed
    upon a special calendar to be known as the ``Corrections Calendar''. On
    the second and fourth Tuesdays of each month, after the Pledge of
    Allegiance, the Speaker may direct the Clerk to call the bills in
    numerical order which have been on the Corrections Calendar for three
    legislative days.

    [[Page 522]]
    ommended by the primary committee of jurisdiction or those offered by
    the chairman of the primary committee, and the previous question shall
    be considered as ordered on the bill and any amendment thereto to final
    passage without intervening motion except one motion to recommit with or
    without instructions.
      (b) A bill so called shall be considered in the House, debatable for
    one hour equally divided and controlled by the chairman and ranking
    minority member of the primary committee of jurisdiction reporting the
    bill, shall not be subject to amendment except those amendments rec

      (c) A three-fifths vote of the members voting shall be required to
    pass any bill called from the Corrections Calendar but the rejection of
    any such bill, or the sustaining of any point of order against it or its
    consideration, shall not cause it to be removed from the Calendar to
    which it was originally referred.

    Sec. 746. Former Consent Calendar.

      This clause was amended in the 104th Congress to abolish the Consent
    Calendar and establish in its place a Corrections Calendar (H. Res. 168,
    June 20, 1995, p. ----). The original clause, providing for the former
    Consent Calendar, was adopted March 15, 1909, amended January 18, 1924;
    December 7, 1925; December 8, 1931; and April 23, 1932 (VII,
    972).  Bills must have been
    on the printed calendar three legislative working days in order to be
    eligible for consideration (VII, 992, 994). When a House bill was on the
    Consent Calendar, by unanimous consent the House committee could have
    been discharged from the consideration of a Senate bill on the same
    subject, and the Senate bill considered in lieu of the House bill (VII,
    1004). The status of bills on the Consent Calendar was not affected by
    their consideration from another calendar and such bills could have been
    called up for consideration from the Consent Calendar while pending as
    unfinished business in the House or Committee of the Whole (VII, 1006).

    [[Page 523]]
    report before directing the call of the Consent Calendar (May 4, 1970,
    pp. 13991-95).

      The former rule did not preclude the Speaker from recognizing Members
    to suspend the rules before completion of the Consent Calendar (decided
    by House, VIII, 3405; also held by Speaker Clark, Oct. 5, 1914, p.
    16182, and by Speaker Gillett, Sept. 4, 1919, p. 5128). Recognition to
    suspend the rules did not preclude the continuation of the call of the
    calendar later in the day (VII, 991). The call of the Consent Calendar
    on days devoted to its consideration took precedence of the motion to go
    into the Committee of the Whole to consider revenue or appropriation
    bills (VII, 986), and a contested-election case could not supplant the
    call of the Calendar (VII, 988), but the Speaker could recognize a
    Member to call up a conference

    Sec. 747. Motion to discharge.

      5.  There shall also be a
    Calendar of Motions to Discharge Committees, as provided in clause 3 of
    rule XXVII.

    <>   6. Calendars shall be printed
    daily.

      The discharge rule was redesignated as clause 3 of rule XXVII in the
    102d Congress (H. Res. 5, Jan. 3, 1991, p. ----). A conforming change in
    this clause was adopted in the 103d Congress (H. Res. 5, Jan. 5, 1993,
    p. ----).

      This clause was adopted in the 62d Congress, April 5, 1911 (VI, 743),
    and amended December 8, 1931, pp. 10, 83.

    Sec. 748b. Estimate of cost.

      7.  (a) The report accompanying
    each bill or joint resolution of a public character reported by any
    committee shall contain--

          (1) an estimate, made by such committee, of the costs which would
    be incurred in carrying out such bill or joint resolution in the fiscal
    year in which it is reported and in each of the five fiscal years
    following such fiscal year (or for the authorized duration of any
    program authorized by such bill or joint resolution, if less than five
    years);

          (2) a comparison of the estimate of costs described in
    subparagraph (1) of this paragraph made by such committee with any
    estimate of such costs made by any Government agency and submitted to
    such committee; and

    [[Page 524]]

          (3) when practicable, a comparison of the total estimated funding
    level for the relevant program (or programs) with the appropriate levels
    under current law.

      (b) It shall not be in order to consider any such bill or joint
    resolution in the House if the report of the committee which reported
    that bill or joint resolution does not comply with paragraph (a) of this
    clause.

      (c) For the purposes of subparagraph (2) of paragraph (a) of this
    clause, a Government agency includes any department, agency,
    establishment, wholly owned Government corporation, or instrumentality
    of the Federal Government or the government of the District of Columbia.

      (d) The preceding provisions of this clause do not apply to the
    Committee on Appropriations, the Committee on House Oversight, the
    Committee on Rules, and the Committee on Standards of Official Conduct,
    and do not apply where a cost estimate and comparison prepared by the
    Director of the Congressional Budget Office under section 403 of the
    Congressional Budget Act of 1974 has been timely submitted prior to the
    filing of the report and included in the report pursuant to clause
    2(l)(3)(C) of rule XI.

    [[Page 525]]
    the new name of the Committee on House Oversight (sec. 202(b), H. Res.
    6, Jan. 4, 1995, p. ----).

      This clause was adopted in the 92d Congress (H. Res. 5, Jan. 22, 1971,
    p. 144) as part of the implementation of section 252(b) of the
    Legislative Reorganization Act of 1970 (84 Stat. 1140) and was amended
    in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) to remove
    references to the Joint Committee on Atomic Energy. Paragraph (d) was
    amended in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) to
    render committee cost estimates optional where an estimate by the
    Congressional Budget Office is included in the report. Paragraph (a) was
    amended by the Budget Enforcement Act of 1990 (P.L. 101-508, Nov. 5,
    1990) to require 5-year estimates of revenue changes in legislative
    reports. In the 104th Congress paragraph (a) was amended to require
    estimates of new budget authority, when practicable, to compare the
    total estimated funding for the program to the appropriate level under
    current law (sec. 102(b), H. Res. 6, Jan. 4, 1995, p. ----). At the same
    time paragraph (d) was amended to reflect

    [House Rules Manual -- House Document No. 103-342]
    [Page 525-541]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-98]

    Sec. 748c. Unfunded mandates.

      The  Unfunded Mandates Reform
    Act of 1995 (P.L. 104-4; 109 Stat. 48 et seq.) added a new part B to
    title IV of the Congressional Budget Act of 1974 (2 U.S.C. 658-658g)
    that, effective on January 1, 1996, or 90 days after appropriations are
    made available to the Congressional Budget Office pursuant to the 1995
    Act (whichever is earlier), imposes several requirements on the Director
    of the Congressional Budget Office and on committees of the House with
    respect to measures effecting ``Federal mandates'' (secs. 423-424; 2
    U.S.C. 659b-c) and establishes points of order to enforce those
    requirements (sec. 425; 2 U.S.C. 658d). See Sec. 1007, infra, and
    Sec. 713h, supra.

                                    Rule XIV.

                             OF DECORUM AND DEBATE.

    [[Page 526]]
    of the Senate, or other quotations from Senate proceedings.

    Sec. 749. Obtaining the floor for debate; and relevancy and
    decorum therein.

      1.  When any Member desires to speak or deliver any
    matter to the House, he shall rise and respectfully address himself to
    ``Mr. Speaker'', and, on being recognized, may address the House from
    any place on the floor or from the Clerk's desk, and shall confine
    himself to the question under debate, avoiding personality. Debate may
    include references to actions taken by the Senate or by committees
    thereof which are a matter of public record, references to the pendency
    or sponsorship in the Senate of bills, resolutions, and amendments,
    factual descriptions relating to Senate action or inaction concerning a
    measure then under debate in the House, and quotations from Senate
    proceedings on a measure then under debate in the House and which are
    relevant to the making of legislative history establishing the meaning
    of that measure, but may not include characterizations of Senate action
    or inaction, other references to individual Members

      This clause was adopted in 1880, but was made up, in its main
    provisions, from older rules, which dated from 1789 and 1811 (V, 4979).
    The last sentence of the clause, relating to references to the Senate,
    had its origins in the 100th Congress (H. Res. 5, Jan. 6, 1987, p. 6)
    but was amended in the 101st Congress (H. Res. 5, Jan. 3, 1989, p. 72)
    to narrowly expand the range of permissible references. This rule, and
    rulings of the Chair with respect to references in debate to the Senate,
    are discussed in Sec. 371, supra; see also Sec. 361, supra.

      The Speaker, who has a responsibility under rule I to maintain and
    enforce decorum in debate, has reminded and advised Members that (1)
    clause 1 of rule XIV requires Members seeking recognition to rise and to
    address themselves to the question under debate, avoiding personality;
    (2) Members should address their remarks to the Chair only and not to
    other entities such as the ``press'' or the television audience; (3)
    Members should not refer to or address any occupant of the galleries;
    (4) Members should refer to other Members in debate only in the third
    person, by state designation (Speaker O'Neill, June 14, 1978, p. 17615;
    Oct. 2, 1984, p. 28520; Mar. 7, 1985, p. 5028); (5) Members should
    refrain from 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 a
    question of the privilege of the House (July 24, 1990, p. ----; Mar. 19,
    1992, p. ----; May 25, 1995, p. ----); (6) Members should refrain from
    references in debate to the motivations of Members who file complaints
    before the Committee on Standards of Official Conduct (Speaker pro
    tempore Foley, June 15, 1988, p. 14623; July 6, 1988, p. 16630; Mar. 22,
    1989, p. 5130; May 2, 1989, p. 7735; Nov. 3, 1989, p. ----); (7) Members
    should refrain from using profanity or vulgarity in debate (Mar. 5,
    1991, p. ----; Feb. 18, 1993, p. ----); (8) Members should refrain from
    speaking disrespectfully of the Speaker, and under the precedents the
    sanctions for such violations transcend the ordinary requirements for
    timeliness of challenges (II, 1248; Jan. 4, 1995, p. ----; Jan. 19,
    1995, p. ----), and it is not in order to arraign the personal conduct
    of the Speaker (Jan. 18, 1995, p. ----; Jan. 19, 1995, p. ----); (9) the
    Chair may interrupt a Member engaging in ``personalities'' with respect
    to a fellow Member of the House, just as he would with respect to
    references to the Senate or the President (Jan. 4, 1995, p. ----); and
    (10) Members should refrain from discussing the President's personal
    character (May 10, 1994, p. ----).

    [[Page 527]]
    may not include critical characterizations of members of the Committee
    on Standards of Official Conduct who have investigated a Member's
    conduct (Apr. 1, 1992, p. ----; Mar. 3, 1995, p. ----), nor may it
    include references to investigations undertaken by the Committee on
    Standards of Official Conduct, including suggestions of courses of
    action (Mar. 3, 1995, p. ----), or references to similar conduct of
    another not then the subject of a question pending before the House
    (Apr. 1, 1992, p. ----).
      Although 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 severity of
    punishment, it is not in order to discuss the conduct of another Member
    not the subject of a committee report (Dec. 18, 1987, p. 36271). Debate

      The Chairman of the Committee of the Whole has reminded Members that
    remarks in debate should be addressed to the Chairman, and not to
    Members or others not present in the Chamber (Apr. 5, 1979, p. 7356),
    and reminded Members that references to other Members may not be by
    familiar name but must be in the third person, by state designation
    (July 21, 1982, pp. 17314, 17315). Although remarks in debate may not
    include personal attacks against a Member or an identifiable group of
    Members, they may address political motivations for legislative
    positions (Jan. 24, 1995, p. ----; Mar. 8, 1995, p. ----). Even if
    remarks critical of the Speaker are delivered in debate while he is not
    occupying the Chair, they should be addressed to ``Mr. Speaker''
    pursuant to this rule (Nov. 1, 1983, p. 30267). It is not in order to
    address remarks to the ``television'' or to anyone, including Members
    not present, viewing televised House proceedings, and the Chair enforces
    this rule on his or her own initiative (Nov. 8, 1979, p. 31519; Sept.
    29, 1983, p. 26501; Aug. 2, 1984, p. 22271; Oct. 9, 1985, p. 26961; June
    3, 1987, p. 14524; July 23, 1987, p. 20849; Dec. 17, 1987, p. 36139).
    The tendency to address remarks directly to the President (or others not
    in the Chamber) in the second person has been deplored by the Speaker,
    and he cautions Members on his own initiative (Oct. 16, 1989, p. 24715;
    Oct. 17, 1989, p. 24764; Jan. 24, 1990, p. 426; Oct. 9, 1991, p. ----).
    This clause has also been interpreted to proscribe the wearing of badges
    by Members to communicate a message, since Members must rise and address
    the Speaker to deliver any matter to the House (Speaker O'Neill, Apr.
    15, 1986, p. 7525; Feb. 22, 1995, p. ----; Mar. 29, 1995, p. ----). A
    Member's comportment may constitute a breach of decorum even though the
    content of that Member's speech is not, itself, unparliamentary (July
    29, 1994, p. ----).

      It is a general rule that a motion must be made before a Member may
    proceed in debate (V, 4984, 4985), and this motion may be required to be
    reduced to writing (V, 4986). A motion must also be stated by the
    Speaker or read by the Clerk before debate may begin (V, 4982, 4983,
    5304). The withdrawal of a motion precludes further debate on it (V,
    4989). But sometimes when a communication or a report has been before
    the House it has been debated before any specific motion has been made
    in relation to it (V, 4987, 4988). In a few cases, such as conference
    reports and reports from the Committee of the Whole, the motion to agree
    is considered as pending without being offered from the floor (IV, 4896;
    V, 6517).

    [[Page 528]]
    not the rule in presenting a case involving the privileges of the House
    (III, 2546, 2547; VI, 565, 566, 580). Personal explanations merely are
    made by unanimous consent (V, 5065).
      In presenting a question of personal privilege the Member is not
    required in the first instance to make a motion or offer a resolution,
    but such is

    Sec. 750. Interruption of a Member in debate.

      A  Member
    having the floor may not be taken off his feet by an ordinary motion,
    even the highly privileged motion to adjourn (V, 5369, 5370; VIII,
    2646), or the motion to table (Mar. 18, 1992, p. ----). He may not be
    deprived of the floor by a parliamentary inquiry (VIII, 2455-2458), a
    question of privilege (V, 5002; VIII, 2459), a motion that the committee
    rise (VIII, 2325), or a demand for the previous question (VIII, 2609;
    Mar. 18, 1992, p. ----), but he may be interrupted for a conference
    report (V, 6451; VIII, 3294). It is a custom also for the Speaker to
    request a Member to yield for the reception of a message. A Member may
    yield the floor for a motion to adjourn or that the Committee of the
    Whole rise without losing his right to continue when the subject is
    again continued (V, 5009-5013), but where the House has by resolution
    vested control of general debate in the Committee of the Whole in
    designated Members, their control of general debate may not be abrogated
    by another Member moving to rise, unless they yield for that purpose
    (May 25, 1967, p. 14121). A Member may also resume his seat while a
    paper is being read in his time without losing his right to the floor
    (V, 5015). A Member who, having the floor, moved the previous question
    was permitted to resume the floor on withdrawing the motion (V, 5474).
    But a Member may not yield to another Member to offer an amendment
    without losing the floor (V, 5021, 5030, 5031; VIII, 2476), and a Member
    may not offer an amendment in time secured for debate only (VIII, 2474),
    or request unanimous consent to offer an amendment unless yielded to for
    that purpose by the Member controlling the floor (Sept. 24, 1986, p.
    25589). A Member recognized under the five-minute rule in the Committee
    of the Whole may not yield to another Member to offer an amendment, as
    it is within the power of the Chair to recognize each Member to offer
    amendments (Apr. 19, 1973, p. 13240; Dec. 12, 1973, p. 41171). A Member
    desiring to interrupt another in debate should address the Chair for
    permission of the Member speaking (V, 5006; VI, 193), but the latter may
    exercise his own discretion as to whether or not he will yield (V, 5007,
    5008; VI, 193; VIII, 2463, 2465). It is not in order to disrupt a
    Member's remarks in debate by repeatedly interrupting to ask whether he
    will yield after he has declined to do so (Apr. 9, 1992, p. ----); and
    the remarks of an interrupting Member do not appear in the Record
    because they were not uttered under recognition (July 21, 1993, p. ----
    ).

    [[Page 529]]
    1371; III, 1950; V, 6097). In more recent years, Speakers have
    frequently entered into debate on substantive legislative issues before
    the House for decision, and the right to participate in debate in the
    Committee of the Whole is without question (see, e.g., Apr. 30, 1987, p.
    10811).

    Sec. 751. Speaker in debate.

      The  Speaker may of right speak
    from the Chair on questions of order and be first heard (II, 1367), but
    with this exception he may speak from the Chair only by leave of the
    House and on questions of fact (II, 1367-1372). On occasions
    comparatively rare Speakers have called Members to the Chair and
    participated in debate on questions of order or matters relating their
    own conduct or rights, usually without asking consent of the House (II,
    1367, 1368,

    Sec. 752. Member must confine himself to the subject.

      It  has
    always been held, and generally quite strictly, that in the House the
    Member must confine himself to the subject under debate (V, 5043-5048;
    VI, 576; VIII, 2481, 2534). Debate on a motion to amend must be confined
    to the amendment, and may neither include the general merits of the bill
    (V, 5049-5051), nor range to the merits of a proposition not included in
    the underlying resolution (Jan. 31, 1995, p. ----). On a motion to
    suspend the rules, debate is confined to the object of the motion and
    may not range to the merits of a bill not scheduled for such
    consideration (Nov. 23, 1991, p. ----). However, debate on a special
    order providing for the consideration of a bill may range to the merits
    of the bill to be made in order (Sept. 26, 1989, p. 21532; Oct. 16,
    1990, p. ----; Oct. 1, 1991, p. ----), since the question of
    consideration of the bill is involved, but should not range to the
    merits of a measure not to be considered under that special order (Sept.
    27, 1990, p. ----). The Chair normally waits for the question of
    relevancy of debate to be raised and does not take initiative (Sept. 27,
    1990, p. ----; Mar. 23, 1995, p. ----). If a unanimous consent request
    for a Member to address the House for one hour specifies the subject of
    the address, the occupant of the Chair during that speech may enforce
    the rule of relevancy in debate by requiring that the remarks be
    confined to the subject so specified (Jan. 23, 1984, p. 93). Debate on a
    question of personal privilege must be confined to the statements or
    issue which gave rise to the question of privilege (V, 5075-5077; VI,
    576, 608; VIII, 2448, 2481; May 31, 1984, p. 14623). Debate on a
    privileged resolution recommending disciplinary action against a Member,
    while it may include comparisons with other such actions taken by or
    reported to the House for purposes of measuring severity of punishment,
    may not extend to the conduct of another Member not the subject of a
    committee report (Dec. 18, 1987, p. 36271). The question whether a
    Member should be relieved from committee service is debatable only
    within very narrow limits (IV, 4510; June 16, 1975, p. 19056). Debate on
    a resolution electing a Member to a committee is confined to the
    election of that Member and should not extend to that committee's agenda
    (July 10, 1995, p. ----).

      While the Speakers have entertained appeals from their decisions as to
    irrelevancy, they have held that such appeals were not debatable (V,
    5056-5063).

    [[Page 530]]
    must relate to an issue in the pending portion of the bill; thus, where
    a general provisions title is pending debate may relate to any agency
    funded by the bill (June 13, 1991, p. ----).

    <>   2. When two or
    more Members rise at once, the Speaker shall name the Member who is
    first to speak; * * *

      In Committee of the Whole House on the state of the Union during
    general debate the Member need not confine himself to the subject (V,
    5233-5238; VIII, 2590; June 28, 1974, p. 21743); but this privilege does
    not extend to the Committee of the Whole House (V, 5239; VIII, 2590).
    All five-minute debate in Committee of the Whole is confined to the
    subject (V, 5240-5256), even on a pro forma amendment (VIII, 2591), in
    which case debate

      This clause was adopted in 1789 (V, 4978).

    --  Recognition <> for one-minute speeches by unanimous consent and the order
    of recognition are entirely within the discretion of the Speaker (Nov.
    15, 1983, p. 32657). When the House has a heavy legislative schedule,
    the Speaker may refuse to recognize Members for that purpose until the
    completion of legislative business (Procedure, ch. 21, sec. 7.5; July
    24, 1980, p. 19386). It is not in order to raise as a question of the
    privileges of the House a resolution directing the Speaker to recognize
    for such speeches, since a question of privilege cannot amend or
    interpret the rules of the House (July 25, 1980, pp. 19762-64).
      In the early history of the House, when business proceeded on
    presentation by individual Members, the Speaker recognized the Member
    who arose first; and in case of doubt there was an appeal from his
    recognition (II, 1429-1434). But as the membership and business of the
    House increased it became necessary to establish and adhere to a fixed
    order of business, and recognitions, instead of pertaining to the
    individual Member, necessarily came to pertain to the bill or other
    business which would be before the House under the rule regulating the
    order of business. Hence the necessity that the Speaker should not be
    compelled to heed the claims of Members as individuals was expressed in
    1879 in a report from the Committee on Rules, which declared that ``in
    the nature of the case discretion must be lodged with the presiding
    officer'' (II, 1424). And in 1881 the Speaker declined to entertain an
    appeal from his decision on a question of recognition (II, 1425-1428),
    establishing thereby a practice which continues (VI, 292; VIII, 2429,
    2646, 2762). It has also been determined that a Member may not invoke
    rule XXV (Sec. 900, infra), providing that questions relating to the
    priority of business shall be decided by a majority without debate, to
    inhibit the Speaker's power of recognition under this clause (Speaker
    Albert, July 31, 1975, p. 26249).

    [[Page 531]]
    p. 7406). From August 8, 1984, through February 23, 1994, the Speaker
    also followed an announced policy of recognizing Members of the same
    party within a given category in the order in which their requests for
    special orders were granted (Speaker O'Neill, Aug. 8, 1984, p. 22963;
    Jan. 5, 1993, p. ----). But since February 24, 1994, the Speaker's
    announced policies for recognition for special order speeches has been
    as follows: (1) recognition does not extend beyond midnight; (2)
    recognition is granted first for speeches of five minutes or less; (3)
    recognition for longer speeches is limited (except on Tuesdays) to four
    hours equally divided between the majority and minority; (4) the first
    hour for each party is reserved to its respective Leader or his
    designees; (5) time within each party is allotted in accord with a list
    submitted to the Chair by the respective Leader; (6) the first
    recognition within a category alternates between the parties from day to
    day, regardless of when requests were granted; (7) Members may not enter
    requests for five-minute special orders earlier than one week in
    advance; and (8) the respective Leaders may establish additional
    guidelines for entering requests (Feb. 11, 1994, p. ----; May 23, 1994,
    p. ----; June 10, 1994, p. ----; Jan. 4, 1995, p. ----; Feb. 16, 1995,
    p. ----; May 12, 1995, p. ----).
      Since the 98th Congress the Speaker has followed announced policies of
    (1) alternating recognition for one-minute speeches and special-order
    speeches between majority and minority Members and (2) recognizing for
    special-order speeches of five minutes or less before longer speeches
    (Speaker O'Neill, Aug. 8, 1984, p. 22963; Jan. 4, 1995, p. ----). In the
    101st Congress, the Chair continued the practice of alternating
    recognition for one-minute speeches but began a practice of recognizing
    Members suggested by their party leadership before others in the well
    (Apr. 19, 1990,

    -  Beginning <> in the second
    session of the 103d Congress, the House has by unanimous consent agreed
    (without prejudice to the Speaker's ultimate power of recognition under
    this rule) to convene 90 minutes early on Mondays and Tuesdays for
    morning-hour debate (Feb. 11, 1994, p. ----; May 23, 1994, p. ----; June
    8, 1994, p. ----; June 10, 1994, p. ----; Jan. 4, 1995, p. ----; Feb.
    16, 1995, p. ----). On May 12, 1995, the House extended and modified the
    above order to accommodate earlier convening times after May 14 of each
    year. The modified order changes morning hour debates on Tuesdays after
    May 14 of each year as follows: (1) the House convenes one hour early
    (rather than 90 minutes); (2) time for debate is limited to 25 minutes
    for each Party (rather than 30 minutes); and (3) in no event is morning
    hour debate to continue beyond 10 minutes before the House is to convene
    (May 12, 1995, p. ----). The above-cited orders of the House also: (1)
    postpone the Prayer, approval of the Journal, and the Pledge of
    Allegiance during morning hour debates; and (2) require the Chair to
    recognize Members for not more than five minutes each, alternating
    between the majority and minority parties in accord with lists supplied
    by their respective Lead

    [[Page 532]]
    ers. During morning hour debate it is not in order to request that a
    name be removed from a list of cosponsors of a bill (Apr. 26, 1994, p.
    ----).

      While the Chair's calculation of time consumed under one-minute
    speeches is not subject to challenge, the Chair endeavors to recognize
    Majority and then Minority Members by allocating time in a non-partisan
    manner (Aug. 4, 1982, p. 19319). Prior to legislative business, the
    Speaker will traditionally recognize a Member only once by unanimous
    consent for a one-minute speech, and will not entertain a second request
    (May 1, 1985, p. 9995). The Chair will not entertain a unanimous consent
    request to extend a five-minute special order (Mar. 7, 1995, p. ----).

    Sec. 753c. ``Oxford'' style debates.

      In  the 103d Congress
    the House agreed by unanimous consent to conduct at a time designated by
    the Speaker structured debate on a mutually agreeable topic announced by
    the Speaker, with four participants from each party in a format
    announced by the Speaker (Feb. 11, 1994, p. ----; Mar. 11, 1994, p. ----
    ; May 23, 1994, p. ----; June 8, 1994, p. ----; June 10, 1994, p. ----).
    Pursuant to that authority the House conducted three ``Oxford''-style
    debates (Mar. 16, 1994, p. ----; May 4, 1994, p. ----; July 20, 1994, p.
    ----). As a precursor to those structured debates, special-order time
    was used for a ``Lincoln-Douglas'' style debate involving five Members,
    with one Member acting as ``moderator'' by controlling the hour under
    this clause (Nov. 3, 1993, p. ----).

    [[Page 533]]
    recognized to call up a measure in the House has priority of
    recognition to move the previous question thereon, even over the
    chairman of the committee reporting that measure (Oct. 1, 1986, p.
    27468). The fact that a Member has the floor on one matter does not
    necessarily entitle him to prior recognition on a motion relating to
    another matter (II, 1464). It is because the Speaker is governed by
    these usages that he often asks, when a Member seeks recognition, ``For
    what purpose does the gentleman rise?''. By this question he determines
    whether the Member proposes business or a motion which is entitled to
    precedence and he may deny recognition (VI, 289-291, 293; Aug. 13, 1982,
    pp. 20969, 20975-78; Speaker Wright, Feb. 17, 1988, p. 1583; Feb. 27,
    1992, p. ----) and from such denial there is no appeal (II, 1425; VI,
    292; VIII, 2429, 2646, 2762; Feb. 27, 1992, p. ----). Recognition for
    parliamentary inquiry lies in the discretion of the Chair (VI, 541), who
    may take a parliamentary inquiry under advisement (VIII, 2174),
    especially where not related to the pending proceedings (Apr. 7, 1992,
    p. ----).

    Sec. 754. Speaker governed by usage in
    recognitions.

      Although  there is no appeal from the Speaker's recognition, he is
    not a free agent in determining who is to have the floor. The practice
    of the House establishes rules from which he may not depart. When the
    order of business brings before the House a certain bill he must first
    recognize, for motions for its disposition, the Member who represents
    the committee which has reported it (II, 1447; VI, 306, 514). This is
    not necessarily the chairman of the committee, for a chairman who, in
    committee, has opposed the bill, must yield the prior recognition to a
    member of his committee who has favored the bill (II, 1449). Usually,
    however, the chairman has charge of the bill and is entitled at all
    stages to prior recognition for allowable motions intended to expedite
    it (II, 1452, 1457; VI, 296, 300). This principle does not, however,
    apply to the Chairman of the Committee of the Whole (II, 1453). The
    Member who originally introduces the bill which a committee reports has
    no claims to recognition as opposed to the claims of the members of the
    committee, but in cases where a proposition is brought directly before
    the House by a Member the mover is entitled to prior recognition for
    motions and debate (II, 1446, 1454; VI, 302-305, 417; VIII, 2454, 3231).
    And this principle applies to the makers of certain motions. Thus, the
    Member on whose motion the enacting clause of a bill is stricken out in
    Committee of the Whole is entitled to prior recognition when the bill is
    reported to the House (V, 5337; VIII, 2629), and in a case where a
    Member raised an objection in the joint session to count the electoral
    vote the Speaker recognized him first when the Houses had separated to
    consider the objection (III, 1956). But a Member may not, by offering a
    debatable motion of higher privilege than the pending motion, deprive
    the Member in charge of the bill of possession of the floor for debate
    (II, 1460-1463; VI, 290, 297-299; VIII, 2454, 3193, 3197, 3259). The
    Member in charge of the bill and having the floor may demand the
    previous question, although another Member may propose to offer a motion
    of higher privilege (VIII, 2684); but the motion of higher privilege
    must be put before the previous question (V, 5480; VIII, 2684). The
    Member who has been

    Sec. 755. Loss of right to recognition by Member in
    charge.

      When  an essential motion made by the Member in charge of the bill
    is decided adversely the right to prior recognition passes to the Member
    leading the opposition to the motion (II, 1465-1468; VI, 308). The
    control of the measure passes under this principle when the House
    disagrees to the recommendation of the committee reporting the bill (II,
    1469-1472), when the Committee of the Whole reports a bill adversely
    (IV, 4897; VIII, 2430), when the motion for the previous question is
    rejected (VI, 308), subject to the motion of the Member who led the
    opposition to the previous question being preempted by a motion of
    higher precedence (Aug. 13, 1982, pp. 20969, 20975-78), and in most
    cases, when the House refuses to order the previous question on a
    conference report and then rejects the report (II, 1473-1477; V, 6396).
    But the mere defeat of an amendment proposed by the Member in charge
    does not cause right to prior recognition to pass to the opponents (II,
    1478, 1479), and the invalidation of a conference report on a point of
    order, while equivalent to its rejection by the House, does not give the
    Member raising the question of order the right to the floor (VIII, 3284)
    and exerts no effect on the right to recognition (VI, 313). Rejection of
    a conference report after the previous question has been ordered thereon
    does not cause recognition to pass to a Member opposed to the report,
    and the manager retains control to offer the initial motion to dispose
    of amendments in disagreement (Speaker Albert, May 1, 1975, p. 12761).

    [[Page 534]]

    Sec. 756. Prior right of Members of the committee to
    recognition for debate.

      In  debate the members of the committee--except
    the Committee of the Whole (II, 1453)--are entitled to priority of
    recognition for debate (II, 1438, 1448; VI, 306, 307), but a motion to
    lay a proposition on the table is in order before the Member entitled to
    prior recognition for debate has begun his remarks (V, 5391-5395; VI,
    412; VIII, 2649, 2650).

      In recognizing for general debate under general House rules the Chair
    alternates between those favoring and those opposing the pending matter,
    preferring members of the committee reporting the bill (II, 1439-1444).
    When a member of a committee has occupied the floor in favor of a
    measure the Chair attempts to recognize a Member opposing next, even
    though he be not a member of the committee (II, 1445). The principle of
    alternation is not insisted on rigidly where a limited time is
    controlled by Members, as in the ``forty minutes'' of debate on motions
    for suspension of the rules and the previous question (II, 1442).

    [[Page 535]]

    Sec. 757. Exceptions to the usages constraining the Speaker
    as to recognitions.

      As  to motions to suspend the rules, which are in
    order on Mondays and Tuesdays of each week, the Speaker exercises a
    discretion to decline to recognize (V, 6791-6794, 6845; VIII, 3402-
    3404). He also may decline to recognize a Member who desires to ask
    unanimous consent to set aside the rules in order to consider a bill not
    other-wise in order, this being the way of signifying his objection to
    the request. But this authority does not extend to proceedings under
    clause 4 of rule XIII. 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 (Dec. 15, 1981, p. 31590; May 4, 1982, p. 8613; Nov. 16, 1983,
    p. 33138; Jan. 25, 1984, p. 354; Jan. 26, 1984, p. 449; Jan. 31, 1984,
    p. 1063; Oct. 2, 1984, p. 28516; Feb. 4, 1987, p. 2675; Jan. 3, 1989, p.
    89; Jan. 3, 1991, p. ----; Jan. 5, 1993, p. ----; Apr. 4, 1995, p. ----
    ). In the 103d Congress this policy was extended to reported bills (July
    23, 1993, p. ----). The Speaker's enforcement of this policy is not
    subject to appeal (Apr. 4, 1995, p. ----). ``Floor leadership'' in this
    context has been construed to apply only to the Minority Leader and not
    to the entire hierarchy of minority leadership, where the Chair had been
    assured that the Minority Leader had been consulted (Apr. 25, 1985, p.
    9415). This policy applies (1) to requests to immediately consider
    matters (separately unreported) comprising a portion of a measure
    already passed by the House (Dec. 19, 1985, p. 38356); (2) to requests
    to consider a motion to suspend the rules and pass an unreported bill
    (on a non-suspension day) (Aug. 12, 1986, p. 21126); (3) to requests to
    permit consideration of (nongermane) amendments to bills (Nov. 14, 1991,
    p. ----); and (4) to requests to permit expedited consideration of
    measures on subsequent days, as by waiving the requirement that a bill
    be referred to committee for 30 legislative days before a motion to
    discharge may be presented under clause 3 of rule XXVII (June 5, 1992,
    p. ----). With respect to unanimous consent requests to dispose of
    Senate amendments to House bills on the Speaker's table, the Chair will
    entertain such a request only if made by the chairman of the committee
    with jurisdiction, or by another committee member authorized to make the
    request (Apr. 26, 1984, p. 10194; Feb. 4, 1987, p. 2675; Deschler's
    Precedents, vol. 6, ch. 21, sec. 1.23).

    Sec. 758. The hour rule in debate.

      2.  * * * and no Member
    shall occupy more than one hour in debate on any question in the House
    or in committee, except as further provided in this rule.

      This clause dates from 1841, when the increase of membership had made
    it necessary to prevent the making of long speeches which sometimes
    occupied three or four hours each (V, 4978).

      It applies to debate on a question of privilege, as well as to debate
    on other questions (V, 4990; VIII, 2448); and when the time of debate
    has been placed within the control of those representing the two sides
    of a question it must be assigned to Members in accordance with this
    rule (V, 5004, 5005; VIII, 2462). Under this clause a Member recognized
    for one hour for a ``special order'' speech in the House may not extend
    that time, even by unanimous consent (July 12, 1971, pp. 24594, 24603;
    Feb. 9, 1966, p. 2794). In the 104th Congress the Speaker announced his
    intention to strictly enforce time limitations on debate (Jan. 5, 1995,
    p. ----).

      For a discussion of ``morning-hour debates'' and ``Oxford'' style
    debates, see Secs. 753b-c, supra.

    Sec. 759. The opening and closing of general debate.

      3.  The
    Member reporting the measure under consideration from a committee may
    open and close, where general debate has been had thereon; and if it
    shall extend beyond one day, he shall be entitled to one hour to close,
    notwithstanding he may have used an hour in opening.

      This clause was adopted in 1847 and perfected in 1880 (V, 4996).

      In the later practice this right to close may not be exercised after
    the previous question is ordered (V, 4997-5000). This clause applies to
    general debate in Committee of the Whole (Mar. 26, 1985, p. 6283).

    [[Page 536]]
    Member called to order, he shall be at liberty to proceed, but not
    otherwise; and, if the case requires it, he shall be liable to censure
    or such punishment as the House may deem proper.

    Sec. 760. The call to order.

      4.  If any Member, in speaking
    or otherwise, transgress the rules of the House, the Speaker shall, or
    any Member may, call him to order; in which case he shall immediately
    sit down, unless permitted, on motion of another Member, to explain, and
    the House shall, if appealed to, decide on the case without debate; if
    the decision is in favor of the

      This clause was adopted in 1789, and amended in 1822 and 1880 (V,
    5175).

    [[Page 537]]

      Members transgressing the rules shall be called to order by the
    Speaker (VIII, 2481, 2521, 3479) or any Member (II, 1344; V, 5154, 5161-
    5163, 5175, 5192); and unanimous consent is not required for a Member to
    withdraw his demand that another Member's words be taken down, prior to
    a ruling by the Chair (June 18, 1986, p. 14232); but except for naming
    him the Speaker may not otherwise censure or punish him (II, 1345; VI,
    237). A Delegate may call a Member to order (II, 1295). It is the duty
    of the Speaker to call to order a Member who criticizes the actions of
    the Senate, its Members or committees, in debate or through an insertion
    in the Record (Speaker Albert, Apr. 17, 1975, p. 10458; Oct. 7, 1975, p.
    32055), and the Speaker may deny an offending Member further recognition
    subject to permission of the House to proceed in order (Speaker O'Neill,
    June 16, 1982, p. 13843). The Chair may take the initiative to call to
    order a Member engaging in or tending toward personalities in debate,
    for example, allegations of unethical conduct by other Members not
    reported by the Committee on Standards of Official Conduct (June 29,
    1987, p. 18072); or to call to order a Member engaging in verbal
    outburst following expiration of his recognition for debate (Mar. 16,
    1988, p. 4081). The Speaker may admonish a Member for words spoken in
    debate and request that they be removed from the Record even prior to a
    demand by another that they be taken down (Sept. 24, 1992, p. ----). In
    the 104th Congress the Speaker announced that the Chair may interrupt a
    Member engaging in ``personalities'' with respect to a fellow Member of
    the House, just as he would with respect to references to the Senate or
    the President (Jan. 4, 1995, p. ----). Where words are taken down and
    ruled out of order by the Chair, the motion to strike or expunge the
    words from the Record has precedence (VIII, 2538-2541; Aug. 21, 1974,
    pp. 29652-53), is often undertaken by the Chair on his own initiative
    (May 10, 1990, p. 9992), and is debatable within narrow limits (VIII,
    2539; Speaker Martin, June 12, 1947, p. 6896), but the motion to expunge
    or strike may not be made in Committee of the Whole (Feb. 18, 1941, p.
    1126) and may not be made by the Member called to order (Feb. 11, 1941,
    pp. 894, 899), although the Member called to order may withdraw his
    words by unanimous consent (VIII, 2528, 2538, 2543, 2544). Where a
    Member interrupts another during debate without being yielded or
    otherwise recognized (as on a point of order) his remarks are not
    printed in the Record (Speaker O'Neill, Feb. 7, 1985, p. 2229; July 29,
    1994, p. ----).

      When a Member is called to order under this rule it is the practice to
    test the opinion of the House by a motion ``that the gentleman be
    allowed to proceed in order'' (V, 5188, 5189; VIII, 2534; May 10, 1990,
    p. 9992), which may be stated on the initiative of the Chair (Oct. 8,
    1991, p. ----; Mar. 29, 1995, p. ----), is debatable within narrow
    limits of relevance under the hour rule, and is consequently also
    subject to the motion to lay on the table (Speaker Foley, Oct. 8, 1991,
    p. ----). The motion is not inconsistent with the immediate consequence
    of the call to order, since clause 4 also permits the House to determine
    the extent of the sanction for a given breach (Oct. 10, 1991, p. ----).
    The rule permits a motion that the offending Member be permitted to
    explain before the Speaker rules on the words taken down, and the
    Speaker has in his discretion asked for explanation before ruling on the
    words (Feb. 1, 1940, p. 954). But the Speaker has recognized the
    offending Member by unanimous consent to explain words ruled out of
    order (Nov. 10, 1971, pp. 40442-43). A Member called to order must be
    seated immediately (July 29, 1994, p. ----; Jan. 25, 1995, p. ----). If
    held to be out of order, the Member loses the floor (V, 5196-5199; Jan.
    25, 1995, p. ----) and may not proceed on the same day without the
    permission of the House (Jan. 29, 1946, p. 533; Aug. 21, 1974, pp.
    29652-53; Jan. 25, 1995, p. ----), even on yielded time (V, 5147), and
    may not insert unspoken remarks in the Record (Jan. 25, 1995, p. ----).
    However, this does not prevent the offending Member from exercising his
    right to vote or to demand the yeas and nays (VIII, 2546).

      The House has censured Members for disorderly words (II, 1253, 1254,
    1259, 1305; VI, 236). A Member's comportment may constitute a breach of
    decorum even though the content of that Member's speech is not, itself,
    unparliamentary (July 29, 1994, p. ----).

      The display of exhibits, demonstrations, or other unusual adjuncts to
    debate by way of illustration is subject to the will of the House and
    any Member may object (VIII, 2452), and where objection is made the
    question is put to the House without debate (June 21, 1937, p. 6104).
    See also Sec. 915, infra.

    [[Page 538]]

    Sec. 761. Words taken down.

      5.  If a Member is called to
    order for words spoken in debate, the Member calling him to order shall
    indicate the words excepted to, and they shall be taken down in writing
    at the Clerk's desk and read aloud to the House; but he shall not be
    held to answer, nor be subject to the censure of the House therefor, if
    further debate or other business has intervened.

      This clause was adopted in 1837, with amendment in 1880, but the
    practice of writing down objectionable words had been established in
    1808. The rule was adopted to prevent the taking down of words after
    intervening business (V, 5177; VIII, 2536), but a Member on his feet and
    requesting recognition at the time may be recognized to demand that
    words be taken down even though brief debate has intervened, and a
    request that a Member uttering objectionable words yield does not
    forfeit the right to demand that the words be taken down (VIII, 2528).
    The Chair's determination whether a Member's point of order (that
    remarks just spoken in debate impugn another Member's motives)
    constitutes a demand that those words be taken down is not such
    intervening debate or business as to render the demand untimely (Oct. 2,
    1984, p. 28522).

      The words having been read from the desk, the Chair decides whether
    they are in order (II, 1249; V, 5163, 5169, 5187), as read by the Clerk
    and not as alleged to have been uttered (June 9, 1992, p. ----). The
    House may by proper motions under clauses 4 and 5 of this rule dictate
    the consequences of the Chair's ruling the words out of order (May 26,
    1983, p. 14048). When a Member denies that the words taken down are the
    exact words used by himself, the question as to the words is put to the
    House for decision (V, 5179, 5180).

      When the disorderly words are spoken in the Committee of the Whole,
    they are taken down as in the House and read at the Clerk's desk, and
    the Committee rises automatically (VIII, 2533, 2538, 2539) and reports
    them to the House (II, 1257-1259, 1348). Action in the House on words
    taken down and reported from Committee of the Whole is limited to the
    words reported (VIII, 2528); and it is not in order as a question of
    privilege in the House to propose censure of a Member for disorderly
    words spoken in Committee of the Whole but not taken down or reported
    therefrom (V, 5202). Words so taken down may be withdrawn only by
    unanimous consent (VIII, 2528, 2538, 2540, 2543, 2544). Consideration of
    words reported to the House from Committee of the Whole having been
    disposed of, either by decision of the Speaker holding them in order or
    by action of the House if held unparliamentary, the Committee resumes
    its sitting without motion (VIII, 2539, 2541).

    [[Page 539]]

      In certain exceptional cases, as when disorderly words are part of an
    occurrence constituting a breach of privilege (II, 1657), or when a
    Member's language has been investigated by a committee (II, 1655), or
    when he has reiterated on the floor certain published charges (III,
    2637), or when he has uttered words alleged to be treasonable (II,
    1252), or when he has uttered an attack on the Speaker (II, 1248; Jan.
    4, 1995, p. ----; Jan. 19, 1995, p. ----), the House may proceed to
    censure or other action although business may have intervened.

    Sec. 762. Member to speak but once to the same question;
    right to close controlled debate.

      6.  No Member shall speak more than
    once to the same question without leave of the House, unless he be the
    mover, proposer, or introducer of the matter pending, in which case he
    shall be permitted to speak in reply, but not until every Member
    choosing to speak shall have spoken.

      This clause was adopted in 1789, and amended in 1840 (V, 4991).

      A Member who has spoken once to the main question may speak again to
    an amendment (V, 4993, 4994). It is too late to make the point that a
    Member has spoken already if no one claims the floor until he has made
    some progress in his speech (V, 4992). This clause is often
    circumscribed by special orders of business that vest control of debate
    in designated Members and permit them to yield more than once to other
    Members. For a discussion of the right of a Member to speak more than
    once under the five-minute rule, see Sec. 873, infra. The right to close
    may not be exercised after the previous question has been ordered (V,
    4997-5000). The right to close does not belong to a Member who has
    merely moved to reconsider the vote on a bill which he did not report
    (V, 4995). The right of a contestant in an election case to close when
    he is permitted to speak in the contest has been a matter of discussion
    (V, 5001).

      Ordinarily the manager of a bill or other representative of the
    committee position and not the proponent of an amendment has the right
    to close debate on an amendment on which debate has been limited and
    allocated under the five-minute rule in Committee of the Whole (VIII,
    2581; July 16, 1981, p. 16043; Apr. 4, 1984, p. 7841; June 5, 1985, p.
    14302; July 10, 1985, p. 18496; Oct. 24, 1985, p. 28824; May 2, 1988, p.
    9638; May 5, 1988, pp. 9961-62), including the minority manager (June
    29, 1984, p. 20253; Aug. 14, 1986, p. 21660; July 26, 1989, p. 16403).
    Where the pending text includes a provision recommended by a committee
    of sequential referral, a member of that committee is entitled to close
    debate against an amendment thereto (June 15, 1989, pp. 12084-87). By
    recommending an amendment in the nature of a substitute, a reporting
    committee implicitly opposes a further amendment that could have been
    included therein, such that a committee representative who controls time
    in opposition may close debate thereon (June 4, 1992, pp. ---- and ----;
    June 13, 1995, p. ----).

    [[Page 540]]
    (Mar. 9, 1995, p. ----); or where an unreported measure is being
    considered and there is no ``manager'' under the terms of a special rule
    (Apr. 24, 1985, p. 9206).

      Under certain circumstances, however, the proponent of the amendment
    may close debate, as where he represents the reporting committee
    position (Aug. 14, 1986, p. 21718); where no committee representative
    opposes the amendment (Aug. 15, 1986, p. 22057); where no representative
    from the reporting committee opposes an amendment to a multi-
    jurisdictional bill

    Sec. 763. Decorum of Members in the Hall.

      7.  While the
    Speaker is putting a question or addressing the House no Member shall
    walk out of or across the hall, nor, when a Member is speaking, pass
    between him and the Chair; and during the session of the House no Member
    shall wear his hat, or remain by the Clerk's desk during the call of the
    roll or the counting of ballots, or smoke upon the floor of the House;
    and the Sergeant-at-Arms is charged with the strict enforcement of this
    clause. Neither shall any person be allowed to smoke or to use any
    personal, electronic office equipment (including cellular phones and
    computers) upon the floor of the House at any time.

    [[Page 541]]
    rail (Feb. 23, 1995, p. ----). On the opening day of the 101st
    Congress, the Speaker prefaced his customary announcement of policies
    concerning such aspects of the legislative process as recognition for
    unanimous consent requests and privileges of the floor with a general
    statement concerning decorum in the House, including particular
    adjurations against engaging in personalities, addressing remarks to
    spectators, and passing in front of the Member addressing the Chair
    (Jan. 3, 1989, p. 88; see also Jan. 5, 1993, p. ----; Jan. 4, 1995, p.
    ----). In the 104th Congress the Speaker announced that Members should
    not traffic the well of the House when another Member is speaking (Feb.
    3, 1995, p. ----; Mar. 3, 1995, p. ----).

      Until the 104th Congress this clause was made up of provisions adopted
    in 1789, 1837, 1871, and 1896. In the 104th Congress a reference to the
    former Doorkeeper was deleted and the prohibition against using personal
    electronic office equipment was added (H. Res. 6, Jan. 4, 1995, p. ----
    ). The prohibition was affirmed by response to a parliamentary inquiry
    (Feb. 23, 1995, p. ----). Originally Members wore their hats during
    sessions, as in Parliament, and the custom was not abolished until 1837
    (II, 1136). In the 103d Congress the Speaker announced that the
    prohibition against Members wearing hats included doffing the hat in
    tribute to a group (Speaker Foley, June 22, 1993, p. ----). In the 96th
    Congress, the Speaker announced that he considered as proper the
    customary and traditional attire for Members, including a coat and tie
    for male Members and appropriate attire for female Members (where
    thermostat controls had been raised in the summer to conserve energy);
    the House then adopted a resolution, offered as a question of the
    privileges of the House, requiring Members to wear proper attire as
    determined by the Speaker, and denying non-complying Members the
    privilege of the floor (July 17, 1979, pp. 19008, 19073). In the 97th
    Congress, the Speaker announced during a vote by electronic device that
    Members were not permitted under the traditions of the House to wear
    overcoats on the House floor (Dec. 16, 1981, p. 31847). Smoking is not
    permitted in the Hall during sessions of the House (Oct. 15, 1990, p. --
    --), nor during sittings of the Committee of the Whole (Aug. 14, 1986,
    p. 21707); and the prohibition extends to smoking behind the

    Sec. 764. Gallery occupants not to be introduced.

      8.  It
    shall not be in order for any Member to introduce to or to bring to the
    attention of the House during its sessions any occupant in the galleries
    of the House; nor may the Speaker entertain a request for the suspension
    of this rule by unanimous consent or otherwise.

      This clause was adopted April 10, 1933 (VI, 197).

    Sec. 764a. Revisions of remarks in debate.

      9. (a)  The
    Congressional Record shall be a substantially verbatim account of
    remarks made during the proceedings of the House, subject only to
    technical, grammatical, and typographical corrections authorized by the
    Member making the remarks involved.

      (b) Unparliamentary remarks may be deleted only by permission or order
    of the House.

    Sec. 764b. Standard of conduct.

      (c)  This clause establishes
    a standard of conduct within the meaning of clause 4(e)(1)(B) of rule X.

    [House Rules Manual -- House Document No. 103-342]
    [Page 542-558]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-99]

    [[Page 542]]

      This clause was adopted in the 104th Congress (sec. 213, H. Res. 6,
    Jan. 4, 1995, p. ----). Under clause 9(a) a unanimous consent request to
    revise and extend remarks permits a Member (1) to make technical,
    grammatical, and typographical corrections to remarks uttered and (2) to
    include in the Record additional remarks not uttered to appear in a
    distinctive typeface (Jan. 4, 1995, p. ----). Clause 9(a) also applies
    to statements and rulings of the Chair (Jan. 20, 1995, p. ----).

                                    Rule XV.

                         ON CALLS OF THE ROLL AND HOUSE.

    Sec. 765. Call of the roll for the yeaandnay
    vote.

      1.  Subject to clause 5 of this rule, upon every roll call the names
    of the Members shall be called alphabetically by surname, except when
    two or more have the same surname, in which case the name of the State
    shall be added; and if there be two such Members from the same State,
    the whole name shall be called, and after the roll has been once called,
    the Clerk shall call in their alphabetical order the names of those not
    voting. Members appearing after the second call, but before the result
    is announced, may vote or announce a pair.

      The first form of this clause was adopted in 1789, and amendments were
    added in 1870, 1880, 1890 (V, 6046), 1969 (H. Res. 7, 91st Cong., Jan.
    3, 1969, p. 35), and 1972 (H. Res. 1123, 92d Cong., Oct. 13, 1972, p.
    36005-012). The final amendment, which became effective immediately
    prior to noon on January 3, 1973, introduced the concept and use of the
    electronic voting system into the provisions of rule XV.

      The names of Members who have not been sworn are not entered on the
    roll from which the yeas and nays are called for entry on the Journal
    (V, 6048; VI, 638; VIII, 3122).

    [[Page 543]]

      Commencing in 1879 the Clerk, in calling the roll, called Members by
    the surnames with the prefix ``Mr.'' instead of calling the full names
    (V, 6047), but since the 62d Congress the practice has been discontinued
    in the interest of brevity (VIII, 3121). The Speaker's name is not on
    the voting roll and is not ordinarily called (V, 5970). When he votes
    his name is called at the close of the roll (V, 5965). In case of a tie
    which is revealed by a correction of the roll, he has voted after
    intervening business or even on another day (V, 5969, 6061-6063; VIII,
    3075). Where the Speaker through an error of the Clerk in reporting the
    yeas and nays announces a result different from that actually had, the
    status of the question is governed by the vote as recorded and
    subsequent announcement by the Speaker of the changed result is
    authoritative, or he may entertain a motion for correction of the
    Journal in accordance with the vote as finally ascertained (VIII, 3162).

      Under this rule, as under clause 4 of rule XV, the roll is called
    twice, and those Members appearing after their names are called but
    before the announcement of the result may vote or announce a pair. Under
    the former practice, prior to the amendment adopted on January 3, 1969,
    a Member who had failed to respond on either the first or second call of
    the roll could not be recorded before the announcement of the result (V,
    6066-6070; VIII, 3134-3150) unless he ``qualified'' by declaring that he
    had been within the Hall, listening, when his name should have been
    called and failed to hear it (V, 6071-6072; VIII, 3144-3150), and then
    only on the theory that his name may have been inadvertently omitted by
    the Clerk (VIII, 3137). Under the former practice where the roll was
    called by the Clerk, either before announcement of the result (V, 6064)
    or after such announcement (VIII, 3125), the Speaker could order the
    vote recapitulated (V, 6049, 6050; VIII, 3128). A Member may not change
    his vote on recapitulation if the result has been announced (VIII,
    3124), but errors in the record of such votes may be corrected (VIII,
    3125). A motion that a vote be recapitulated is not privileged (VIII,
    3126). The Speaker has declined to order a recapitulation of a vote
    taken by electronic device (Speaker Albert, July 30, 1975, p. 25841).

    Sec. 765a. Bell system.

      The  legislative call system was
    designed to alert Members to certain occurrences on the floor of the
    House. The Speaker has directed that the bells and lights comprising the
    system be utilized as follows (Jan. 23, 1979, pp. 701-02):

      Tellers--one ring and one light on left. Since teller votes were
    discontinued at the beginning of the 103d Congress, this signal is no
    longer utilized.

      Recorded vote, yeas and nays, or automatic rollcall vote taken either
    by electronic system or by use of tellers with ballot cards--two bells
    and two lights on left indicate a vote in House or in Committee of the
    Whole by which Members are recorded by name. Bells are repeated five
    minutes after the first ring. When by unanimous consent waiving the
    five-minute minimum set by clause 5(b)(3) of rule I the House authorized
    the Speaker to put remaining postponed questions to two-minute
    electronic votes, two bells were rung (Oct. 4, 1988, pp. 28126, 28148).

      Recorded vote, yeas and nays, or automatic rollcall electronic vote on
    recommittal to be immediately followed by possible five-minute vote on
    final passage (clause 5 of rule XV)--two bells rung at beginning of
    motion to recommit, followed by five bells, indicate that Chair will
    order five-minute votes if recorded vote, yeas and nays, or automatic
    vote is ordered immediately thereafter on final passage or adoption. Two
    bells repeated five minutes after first ring.

    [[Page 544]]
    nays, or automatic vote is ordered on additional amendments on which
    separate votes have been demanded. Two bells repeated five minutes after
    first ring. Five bells on each subsequent amendment if roll call
    ordered.
      Recorded vote, yeas and nays, or automatic rollcall electronic vote on
    the first of several amendments reported to the House from the Committee
    of the Whole (clause 5 of rule XV)--two bells rung at beginning of first
    amendment on which separate vote is demanded, followed by five bells,
    indicate that Chair will order five-minute vote if recorded vote, yeas
    and

      Recorded vote, yeas and nays, or automatic roll call by call of the
    roll--two bells, followed by a brief pause, then two bells indicate such
    a vote taken under the provisions of clause 1 of rule XV by a call of
    the roll in the House. The bells are repeated when the Clerk reaches the
    ``R's'' in the first call of the roll.

      Regular quorum call--three bells and three lights on left indicate a
    quorum call either in the House or in Committee of the Whole by
    electronic system or by clerks. The bells are repeated five minutes
    after the first ring. Where quorum call is by call of the roll, three
    bells followed by a brief pause, then three more bells, with the process
    repeated when the Clerk reaches the ``R's'' in the first call of the
    roll, are utilized.

      Regular quorum call in Committee of the Whole, which will possibly be
    immediately followed by five-minute electronic recorded vote (clause 2
    of rule XXIII)--three bells rung at beginning of quorum call, followed
    by five bells, indicate that Chair will order five-minute vote if
    recorded vote is ordered on pending question. Three bells repeated five
    minutes after first ring.

      Notice or short quorum call in Committee of the Whole--one long bell
    followed by three regular bells, and three lights on left, indicate that
    the Chair has exercised his discretion under clause 2 of rule XXIII and
    will vacate proceedings when a quorum of the Committee appears. Bells
    are repeated every five minutes unless (a) the call is vacated by
    ringing of one long bell and extinguishing of three lights, or (b) the
    call is converted into a regular quorum call and three regular bells are
    rung.

      Adjournment--four bells and four lights on left.

      Any five-minute vote--five bells and five lights on left.

      Postponed votes on (a) motions to suspend the rules; (b) final votes
    on bills, resolutions, or conference reports; or (c) previous question
    on questions that are, themselves, susceptible of postponement (clause
    5(b) of rule I)--two bells, followed by five bells, indicate start of
    15-minute vote on first postponed question in each such series. Two
    bells repeated five minutes after first ring. Five bells on all
    subsequent five-minute votes in each series on which Speaker has reduced
    vote time.

      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.

    [[Page 545]]

      Failure of the signal bells to announce a vote does not warrant
    repetition of the roll call (VIII, 3153-3155, 3157) nor does such a
    failure permit a Member to be recorded following the conclusion of the
    call (June 9, 1938, p. 8662).

    Sec. 766. Changes and corrections of votes.

      Before  the
    result of a vote has been finally and conclusively pronounced by the
    Chair, but not thereafter, a Member may change his vote (V, 5931-5933,
    6093, 6094; VIII, 3070, 3123, 3124, 3160), and a Member who has answered
    ``present'' may change it to ``yea'' or ``nay'' (V, 6060). But a vote
    given by a Member may not be withdrawn without leave of the House (V,
    5930).

      When a vote actually given fails to be recorded during a call of the
    roll (V, 6061-6063) the Member may, before the approval of the Journal,
    demand as a matter of right that correction be made (V, 5969; VIII,
    3143). But statements of other Members as to alleged errors in a
    recorded vote must be very definite and positive to justify the Speaker
    in ordering a change of the roll (V, 6064, 6099). The Speaker declines
    to entertain requests to correct the Journal and Record on votes taken
    by electronic device, based upon the technical accuracy of the
    electronic system if properly utilized and upon the responsibility of
    each Member to correctly cast and verify his vote (Apr. 18, 1973, p.
    13081; May 10, 1973, p. 15282). By unanimous consent the House may
    vacate proceedings on a recorded vote conducted in the Committee of the
    Whole and require a vote de novo where it is alleged that Members were
    improperly prevented from being recorded (June 22, 1995, p. ----).

    Sec. 767. Interruptions of the roll call.

      When  once begun
    the roll call may not be interrupted even by a motion to adjourn (V,
    6053; VIII, 3133), a parliamentary inquiry (VIII, 3132), a question of
    personal privilege (V, 6058, 6059; VI, 554, 564), the arrival of the
    time fixed for another order of business (V, 6056) or for a recess (V,
    6054, 6055; VIII, 3133), or the presentation of a conference report (V,
    6443). But it is interrupted for the reception of messages and by the
    arrival of the hour fixed for adjournment sine die (V, 6715-6718).
    Incidental questions arising during the roll call, such as the refusal
    of a Member to vote (V, 5946-5948), are considered after the completion
    of the call and the announcement of the vote (V, 5947). The rules do not
    preclude a Member from announcing after a recorded vote on which he
    failed to answer, how he would have voted if present (Speaker Rayburn,
    June 27, 1957, p. 10521; contra VIII, 3151), but neither the rules nor
    the practice permit a Member to announce after a recorded vote how
    absent colleagues would have voted if present (VI, 200; Apr. 3, 1933, p.
    1139; Apr. 28, 1933, p. 2587; May 20, 1933, p. 3834; Mar. 16, 1934, pp.
    4691, 4700; Apr. 14, 1937, pp. 3489, 3490; Apr. 15, 1937, p. 3563).

    [[Page 546]]
    subject to clause 6(e)(2) of this rule, be sent for and arrested,
    wherever they may be found, by officers to be appointed by the Sergeant-
    at-Arms for that purpose, and their attendance secured and retained; and
    the House shall determine upon what condition they shall be discharged.
    Members who voluntarily appear shall, unless the House otherwise direct,
    be immediately admitted to the Hall of the House, and they shall report
    their names to the Clerk to be entered upon the Journal as present.

    Sec. 768. The call of the House.

      2.  (a) In the absence of a
    quorum, fifteen Members, including the Speaker, if there is one, shall
    be authorized to compel the attendance of absent members; and those for
    whom no sufficient excuse is made may, by order of a majority of those
    present,

      The essential portions of paragraph (a) of this clause were adopted in
    1789 and 1795, with minor amendments in 1888, 1890 (IV, 2982) and 1971
    (H. Res. 5, 92d Cong., Jan. 22, 1971, p. 144). Later in the 92d Congress
    several provisions in rule XV, including this clause, were amended to
    reflect the implementation of the electronic voting system (H. Res.
    1123, Oct. 13, 1972, p. 36005-012). The provisions of clause 2(a)
    relating to the calling of the roll by the Clerk were deleted. Calls of
    the House are now taken by the electronic device unless the Speaker, in
    his discretion (see clause 5) orders the use of the alternative
    procedure in clause 2(b). Together with clause 6(e)(2) of this rule,
    this paragraph was further amended in the 96th Congress (H. Res. 5, Jan.
    15, 1979, pp. 7-16) to conform to the requirement in that provision that
    further proceedings under the call shall be dispensed with unless the
    Speaker in his discretion recognizes for a call of the House or a motion
    to compel attendance under this paragraph. This clause must be read in
    light of clause 6(e) of this rule, which prohibits the point of order
    that a quorum is not present unless the Speaker has put a question to a
    vote.

    Sec. 769. Ordering and conducting the call.

      Under  this rule
    a call may not be ordered by less than 15, and with out that number
    present the motion for a call is not entertained (IV, 2983). It must be
    ordered by majority vote, and a minority of 15 or more favoring a call
    on such vote is not sufficient (IV, 2984). A quorum not being present no
    motion is in order but for a call of the House or to adjourn (IV, 2950,
    2988; VI, 680), and at this stage the motion to adjourn has precedence
    over the motion for a call of the House (VIII, 2642).

    [[Page 547]]
    manded (IV, 2933). But during proceedings under the call the roll may
    be ordered to be called again by those present (IV, 2991).
      While the following precedents predate the use of the electronic
    voting and recording system, they are retained in the Manual because of
    their general applicability with respect to calls of the House. A roll
    call under paragraph (a) may not be interrupted by a motion to dispense
    with further proceedings under the call (IV, 2992), and a recapitulation
    of the names of those who appear after their names have been called may
    not be de

      During a call less than a quorum may revoke leaves of absence (IV,
    3003, 3004) and excuse a Member from attendance (IV, 3000, 3001), but
    may not grant leaves of absence (IV, 3002). The roll is sometimes called
    for excuses, and motions to excuse are in order during this call (IV,
    2997), but neither the motion to excuse nor an incidental appeal are
    debatable (IV, 2999). After the roll has been called for excuses, and
    the House has ordered the arrest of those who are unexcused, a motion to
    excuse an absentee is in order when he is brought to the bar (IV, 3012).

    Sec. 770. Arrest of Members.

      An  order of arrest for absent
    Members may be made after a single-calling of the roll (IV, 3015, 3016),
    and a warrant issues on direction of those present, such motion having
    precedence of a motion to dispense with proceedings under the call (IV,
    3036). The Sergeant-at-Arms is required to arrest Members wherever they
    may be found (IV, 3017), and leave for a committee to sit during
    sessions does not release its Members from liability to arrest (IV,
    3020). A motion to require the Sergeant-at-Arms to report progress in
    securing a quorum is in order during a call of the House (VI, 687). A
    Member who appears and answers is not subject to arrest (IV, 3019), and
    in a case where a Member complained of wrongful arrest the House ordered
    the Sergeant-at-Arms to investigate and amend the return of his warrant
    (IV, 3021). A Member once arrested having escaped it was held that he
    might not be brought back on the same warrant (IV, 3022). A privileged
    motion to compel the attendance of absent Members is in order after the
    Chair has announced that a quorum has not responded on a negative
    recorded vote on a motion to adjourn (Nov. 2, 1987, p. 30386).

      The former practice of presenting Members at the bar during a call of
    the House (IV, 3030-3035) is obsolete, and Members now report to the
    Clerk and are recorded without being formally excused unless brought in
    under compulsion (VI, 684). Those present on a call may prescribe a fine
    as a condition of discharge, and the House has by resolution revoked all
    leaves of absence and directed the Sergeant-at-Arms to deduct from the
    salary of Members compensation for days absent without leave (VI, 30,
    198), but this penalty has been of rare occurrence (IV, 3013, 3014,
    3025). Form of resolution for the arrest of Members absent without leave
    (VI, 686). Having rejected a motion to adjourn, less than a quorum of
    the House rejected a motion directing the Sergeant-at-Arms to arrest
    absent Members, rejected a second motion to adjourn, and then adopted a
    motion authorizing the Speaker to compel the attendance of absent
    members (Nov. 2, 1987, p. 30387).

    [[Page 548]]
    able nor subject to amendment, thus the motion to lay it on the table
    is not in order (Aug. 27, 1962, p. 17653; Dec. 18, 1970, pp. 42504-05).
      The motion to dispense with further proceedings under the call of the
    House is not in order when a motion to arrest absent Members is pending
    (IV, 3029, 3037); is not entertained until a quorum responds on the
    call, but may be agreed to by less than a quorum thereafter (IV, 3038,
    3040; VI, 689; Sept. 11, 1968, p. 26453; Dec. 22, 1970, p. 43311); is
    neither debat

    Sec. 771a. Motions during a call.

      During  the call, which in
    later practice has been invoked only in absence of a quorum, incidental
    motions may be agreed to by less than a quorum (IV, 2994, 3029; VI,
    681), and under clause 6(a)(4) of rule XV a point of order of no quorum
    may not be made during the offering, consideration, and disposition of
    any motion incidental to a call of the House. This includes motions for
    the previous question (V, 5458), to reconsider and to lay the motion to
    reconsider on the table (V, 5607, 5608), to adjourn, which is in order
    even in the midst of the call of the roll for excuses (IV, 2998) or
    while the House is dividing on a motion for a call of the House (VIII,
    2644), and which takes precedence over a motion to dispense with further
    proceedings under the call (VIII, 2643), and an appeal from a decision
    of the Chair (IV, 3010, 3037; VI, 681). The yeas and nays may also be
    ordered (IV, 3010), but a question of privilege may not be raised unless
    it be something connected immediately with the proceedings (III, 2545).
    Motions not strictly incidental to the call are not admitted, as for a
    recess (IV, 2995, 2996), to excuse a Member from voting even when
    otherwise in order (IV, 3007), to enforce the statute relating to
    deductions of pay of Members for absence (IV, 3011; VI, 682), to
    construe a rule or make a new rule (IV, 3008), or to order a change of a
    Journal record (IV, 3009). A motion for a call of the House is not
    debatable (VI, 683, 688). The motion to compel the attendance of absent
    Members, being neither debatable nor amendable, is not subject to a
    motion to lay on the table (Speaker Wright, Nov. 2, 1987, p. 30389).

    Sec. 771b. Quorum call by clerks.

      (b)  Subject to clause 5 of
    this rule, when a call of the House in the absence of a quorum is
    ordered, the Speaker shall name one or more clerks to tell the Members
    who are present. The names of those present shall be recorded by such
    clerks, and shall be entered in the Journal and the absentees noted, but
    the doors shall not be closed except when so ordered by the Speaker.
    Members shall have not less than fifteen minutes from the ordering of a
    call of the House to have their presence recorded.

    [[Page 549]]
    procedure in lieu of using the electronic system, or the Chair may, in
    his discretion, direct that a quorum call be taken by an alphabetical
    call of the roll (Mar. 7, 1973, p. 6699). The Chairman of the Committee
    of the Whole also may direct that a quorum call be conducted by
    depositing quorum tally cards with clerk tellers, rather than by
    electronic device or a call of the roll (July 13, 1983, p. 18858).

      This paragraph was adopted as part of the general revision of rule XV
    which was required by the implementation of the electronic voting system
    (H. Res. 1123, 92d Cong., Oct. 13, 1972, p. 36012). The Speaker, in his
    discretion, may direct that the presence of Members be recorded by this

    Sec. 772. Count of those not voting to make a quorum of
    record on a roll call.

      3.  On the demand of any Member, or at the
    suggestion of the Speaker, the names of Members sufficient to make a
    quorum in the Hall of the House who do not vote shall be noted by the
    Clerk and recorded in the Journal, and reported to the Speaker with the
    names of the Members voting, and be counted and announced in determining
    the presence of a quorum to do business.

      This clause was adopted in 1890 (IV, 2905), but it merely formalized a
    principle already established by a decision of the Chair (IV, 2895). It
    was much in use in the first years after its adoption (III, 2620; IV,
    2905-2907); but with the decline of obstruction in the House and the
    adoption of clause 4 of this rule the necessity for its use has
    disappeared to a large extent. The Speaker may direct the Clerk to note
    names of Members under this rule even on a vote for which a quorum is
    not necessary (VIII, 3152).

    [[Page 550]]
    the House, whereupon he shall be noted as present, discharged from
    arrest, and given an opportunity to vote and his vote shall be recorded.
    If those voting on the question and those who are present and decline to
    vote shall together make a majority of the House, the Speaker shall
    declare that a quorum is constituted, and the pending question shall be
    decided as the majority of those voting shall appear. And thereupon
    further proceedings under the call shall be considered as dispensed
    with. At any time after the roll call has been completed, the Speaker
    may entertain a motion to adjourn, if seconded by a majority of those
    present, to be ascertained by actual count by the Speaker; and if the
    House adjourns, all proceedings under this section shall be vacated.

    Sec. 773. The call of the House in the new form.

      4.  Subject
    to clause 5 of this rule, whenever a quorum fails to vote on any
    question, and a quorum is not present and objection is made for that
    cause, unless the House shall adjourn there shall be a call of the
    House, and the Sergeant-at-Arms shall forthwith proceed to bring in
    absent Members, and the yeas and nays on the pending question shall at
    the same time be considered as ordered. The Clerk shall call the roll,
    and each Member as he answers to his name may vote on the pending
    question, and, after the roll call is completed, each Member arrested
    shall be brought by the Sergeant-at-Arms before

      This clause was adopted in 1896 (IV, 3041; VI, 690); and amended in
    1972 to make its provisions subject to clause 5 of this rule (H. Res.
    1123, 92d Cong., p. 36012). Where objection is raised to a vote in the
    House on the ground that a quorum is not present, and a quorum is in
    fact not present, the Speaker may direct that the call of the House be
    taken by electronic device under clause 5, or may, in his discretion,
    direct the Clerk to call the roll pursuant to this clause (May 16, 1973,
    p. 15860).

      It applies only to votes wherein a quorum is required, and hence does
    not apply to an affirmative vote on a motion to adjourn (July 25, 1949,
    p. 10092; Nov. 4, 1983, p. 30946), or motions incidental to a call of
    the House which may be agreed to by less than a quorum (IV, 2994, 3029;
    VI, 681), or to a call when there is no question pending (IV, 2990).
    While a quorum is not required to adjourn, a point of no quorum on a
    negative vote on adjournment, if sustained, precipitates a call of the
    House under the rule (VI, 700; June 4, 1951, pp. 6097, 6098; June 15,
    1951, p. 6621). Where less than a quorum rejects a motion to adjourn,
    the House may not consider business but may dispose of motions to compel
    the attendance of absent Members (Nov. 2, 1987, p. 30387).

    [[Page 551]]
    (Sept. 30, 1981, p. 22456). Where the Speaker ascertains the presence
    of a quorum by actual count following an objection to a vote under this
    clause, or on a rejected demand for the yeas and nays and a division
    vote is then had on the pending question, the division vote is
    intervening business (see VIII, 2804) permitting another objection to
    the lack of a quorum, and the Speaker must again count the House (Mar.
    17, 1976, p. 6792; Aug. 2, 1979, p. 22006). But where the announced
    absence of a quorum has resulted in a rollcall vote under this clause
    (on the Speaker's approval of the Journal), the House may not, even by
    unanimous consent, vacate the vote in order to conduct another voice
    vote in lieu of the rollcall vote, since no business, including a
    unanimous consent agreement, is in order in the announced absence of a
    quorum (July 13, 1983, p. 18844; Feb. 24, 1988, p. 2450). The House
    having authorized the Speaker to compel the attendance of absent
    Members, the Speaker announced that the Sergeant-at-Arms would proceed
    with necessary and efficacious steps, and that pending the establishment
    of a quorum no further business, including unanimous consent requests
    for recess authority, could be entertained (Nov. 2, 1987, p. 30389).
      When a Member objects to a vote on the ground that a quorum is not
    present and makes the point of order under this clause, the Speaker may
    count the House and determine the presence of a quorum, and is not
    required to announce his actual count under the first sentence of this
    clause

    [[Page 552]]
    the Speaker's announcement of postponement). See clause 6(e)(1) of rule
    XV, infra.

    Sec. 774a. Conduct of the call in the new form.

      Under  this
    clause the roll is called over twice, and those appearing after their
    names are called may vote (IV, 3052). A motion to adjourn may be made
    before the call begins (IV, 3050). After the roll has been called, and
    while the proceedings to obtain a quorum are going on, motions to excuse
    Members are in order (IV, 3051). The Sergeant-at-Arms is required to
    detain those who are present and bring in absentees (IV, 3045-3048), and
    he does this without the authority of a resolution adopted by those
    present (IV, 3049). There is doubt as to whether or not a warrant is
    necessary but it is customary for the Speaker to issue one on the
    authority of the rule (IV, 3043; VI, 702). When arrested, Members are
    arraigned at the bar, and either vote or are noted as present, after
    which they are discharged (IV, 3044). When a quorum fails to vote on a
    yea-and-nay vote on a motion which requires a quorum to be present, and
    a quorum is not present, the Chair takes notice of the fact, and unless
    the House adjourns, a call of the House is ordered by the Chair under
    this rule, and the vote is taken on the question de novo (IV, 3045,
    3052; VI, 679). An automatic roll call results under this rule when the
    objection that a quorum is not present and voting is made after a viva
    voice vote (VI, 697). An automatic roll call under this rule is not in
    order in Committee of the Whole (Aug. 2, 1966, p. 17844). Pursuant to
    clause 5(b) of rule I, where the Speaker has announced that he will
    postpone further proceedings on motions to suspend the rules on that day
    if any votes are objected to under clause 4 of rule XV, and objection is
    then made to any such votes under that clause, further proceedings are
    automatically postponed and the question is put de novo when that vote
    recurs as unfinished business, when further proceedings are postponed,
    the point of order that a quorum is not present is considered as
    withdrawn, since no longer in order (a question not being pending after

    Sec. 774b. Use of electronic equipment in recording roll
    calls.

      5.  (a) Unless, in his discretion, the Speaker orders the calling
    of the names of Members in the manner provided for under the preceding
    provisions of this rule, upon any roll call or quorum call the names of
    such Members voting or present shall be recorded by electronic device.
    In any such case, the Clerk shall enter in the Journal and publish in
    the Congressional Record, in alphabetical order in each category, a list
    of names of those Members recorded as voting in the affirmative, of
    those Members recorded as voting in the negative, and of those Members
    answering present, as the case may be, as if their names had been called
    in the manner provided for under such preceding provisions. Members
    shall have not less than fifteen minutes from the ordering of the roll
    call or quorum call to have their vote or presence recorded.

      The permissive use of an electronic voting system was incorporated in
    the Legislative Reorganization Act of 1970 (sec. 121; 84 Stat. 1140) and
    was made a part of the standing rules in the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144). The electronic system was first utilized in the
    House on January 23, 1973 (p. 1793). The clause in its essential form
    was adopted the next year (H. Res. 1123, Oct. 13, 1972, p. 36012).

      The Speaker has the discretion to continue to use the electronic
    system, even though the electronic display panels are temporarily
    inoperative, where the voting stations continue in operation and Members
    are able to verify their votes, or to use a backup voting procedure,
    such as calling the roll, where voting stations are inoperative (Speaker
    O'Neill, Sept. 19, 1985, p. 24245).

    [[Page 553]]
    the electronic voting device (Mar. 7, 1973, p. 6699), and pursuant to
    clauses 4 and 5 of rule XV the Speaker may, in his discretion, direct
    the Clerk to call the roll, in lieu of taking the vote by electronic
    device, where a quorum fails to vote on any question and objection is
    made for that reason (May 16, 1973, p. 15850). The Speaker declines to
    entertain unanimous consent requests to correct the Journal and Record
    on votes taken by electronic device (Apr. 18, 1973, p. 13081; May 10,
    1973, p. 15282; June 17, 1986, p. 14038), but the Speaker may announce a
    change in the result of a vote taken by electronic device where required
    to correct an error in identifying a signature on a voting card
    submitted in the well (June 11, 1981).
      The Speaker inserted in the Record a detailed statement describing
    procedures to be followed during votes and quorum calls by electronic
    device and by the back-up procedures therefor (Jan. 15, 1973, pp. 1054-
    57). The Speaker may direct that a call of the House be conducted by an
    alphabetical call of the roll by the Clerk where, in his discretion, he
    does not utilize

    [[Page 554]]
    cally during the first 10 minutes of a 15-minute voting period, but
    changes during the last 5 minutes would have to be made by ballot card
    in the well (Speaker Albert, Mar. 22, 1976, p. 7394). In 1977, Speaker
    O'Neill announced that changes could be made electronically at any time
    during a vote reduced to five minutes under the rules (Speaker O'Neill,
    Jan. 4, 1977, pp. 53-70).

    --  (b) <> The Speaker may, in his
    discretion, reduce to not less than five minutes the time within which a
    rollcall vote by electronic device may be taken--
      On a call of the House conducted by electronic device, Members are
    permitted a minimum of 15 minutes to respond, but it is within the
    discretion of the Chair, following the expiration of 15 minutes, to
    allow additional time for Members to record their presence before
    announcing the result (June 6, 1973, p. 18403), and since this clause is
    incorporated by reference into clause 2 of rule XXIII, the Chairman of
    the Committee of the Whole need not convert to a regular quorum call
    precisely at the expiration of 15 minutes if 100 Members have not
    appeared on a notice quorum call, but he may continue to exercise his
    discretion under clause 2 of rule XXIII at any time during the conduct
    of the call (July 17, 1974, p. 23673). Since the Chair has the
    discretion to close the vote and to announce the result at any time
    after 15 minutes have elapsed, those precedents guaranteeing Members in
    the chamber the right to have their votes recorded even if the Chair has
    announced the result (i.e., V, 6064, 6065; VIII, 2143), which predate
    the use of an electronic voting system, do not require the Chair to hold
    open indefinitely a vote taken by electronic device (Speaker pro tempore
    Meeds, Mar. 14, 1978, pp. 6838-39), and in the 103d Congress the Speaker
    inserted in the Record his announcement that, in order to expedite the
    conduct of votes by electronic device, the Cloakrooms were directed not
    to forward to the Chair individual requests to hold a vote open (Speaker
    Foley, Jan. 6, 1993, p. ----). In the 104th Congress the Speaker
    announced that each occupant of the Chair would have his full support in
    striving to close each electronic vote at the earliest opportunity and
    that Members should not rely on signals relayed from outside the chamber
    to assume that votes will be held open until they arrive (Speaker
    Gingrich, Jan. 4, 1995, p. ----); however, the Chair will not close a
    vote while a Member is in the well attempting to vote (Feb. 10, 1995, p.
    ----; June 22, 1995, p. ----). At the end of a 15-minute vote, after the
    electronic voting stations are closed but before the Speaker's
    announcement of the result, a Member may cast an initial vote or change
    a vote by ballot card in the well (Speaker Albert, Sept. 23, 1975, p.
    29850; Speaker Wright, Oct. 29, 1987, p. 30239). In 1975, Speaker Albert
    announced that changes could no longer be made at the electronic
    stations but would have to be made by ballot card in the well (Speaker
    Albert, Sept. 17, 1975, p. 28903). In 1976, Speaker Albert announced
    that changes could be made electroni

      (1) after a rollcall vote has been ordered on a motion for the
    previous question, on any underlying question that follows without
    intervening business;

      (2) after a rollcall vote has been ordered on an amendment reported
    from the Committee of the Whole House on the state of the Union, on any
    subsequent amendment to that bill or resolution reported from the
    Committee of the Whole; or

      (3) after a rollcall vote has been ordered on a motion to recommit a
    bill, resolution, or conference report thereon, on the question of
    passage or adoption, as the case may be, of such bill, resolution, or
    conference report thereon, if the question of passage or adoption
    follows without intervening business the vote on the motion to recommit.

    [[Page 555]]
    added in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. ----) to permit
    the Speaker to reduce to five minutes the vote on adoption of a special
    order of business resolution immediately following a 15-minute recorded
    vote on ordering the previous question thereon, clause 5 was organized
    into paragraphs (a) and (b). In the 104th Congress paragraph (b)(1) was
    broadened to cover any previous question situation (sec. 223(e), H. Res.
    6, Jan. 4, 1995, p. ----).
      The authority now found in paragraph (b)(3) was first added as an
    undesignated last sentence of clause 5 in the 96th Congress (H. Res. 5,
    Jan. 15, 1979, pp. 7-16) to permit the Speaker to reduce to five minutes
    the vote on final passage immediately following a 15-minute recorded
    vote on a motion to recommit. The authority now found in paragraph
    (b)(2) was first added as an undesignated penultimate sentence of clause
    5 in the 101st Congress (H. Res. 5, Jan. 3, 1989, p. 72) to permit the
    Speaker to reduce to five minutes any rollcall votes on amendments
    reported to the House from Committee of the Whole after a 15-minute vote
    on the first of such amendments. When the authority found in paragraph
    (b)(1) was

      Five-minute votes are now permitted at the discretion of the Chair in
    six circumstances: (1) under clause 5(b) of rule I, on additional
    questions on which the Speaker has postponed further proceedings
    immediately following a 15-minute vote on the first such postponed
    question; (2) under clause 5(b)(1) of rule XV, on an underlying question
    immediately following a 15-minute recorded vote on ordering the previous
    question thereon; (3) under clause 5(b)(2) of rule XV, on second and
    subsequent separate votes in the House on amendments reported from
    Committee of the Whole immediately following a 15-minute vote on the
    first such separate vote; (4) under clause 5(b)(3) of rule XV, on final
    passage immediately following a 15-minute recorded vote on recommittal;
    (5) under clause 2(a) of rule XXIII, on a pending question immediately
    following a regular quorum call in Committee of the Whole; and (6) under
    clause 2(c) of rule XXIII, on any or all pending amendments immediately
    following a 15-minute recorded vote on the first such pending amendment
    in Committee of the Whole. Clause 5(b) does not give the Chair the
    authority to reduce to five minutes the vote on a motion to recommit
    occurring immediately after a recorded vote on an amendment reported
    from the Committee of the Whole, and the Chair will not entertain a
    unanimous consent request to reduce that vote to five minutes after
    Members had already left the Chamber with the expectation that the next
    vote would be a 15-minute vote (June 29, 1994, p. ----).

      In the 95th Congress, the Speaker announced that changes could be made
    electronically at any time during a vote reduced to five minutes under
    the rules (Speaker O'Neill, Jan. 4, 1977, pp. 53-70).

      6. (a) It shall not be in order to make or entertain a point of order
    that a quorum is not present--

    Sec. 774c. Quorum; when not required.

           (1) before or
    during the offering of prayer;

    [[Page 556]]

          (2) during the administration of the oath of office to the Speaker
    or Speaker pro tempore or a Member, Delegate, or Resident Commissioner;

          (3) during the reception of any message from the President of the
    United States or the United States Senate; and

          (4) during the offering, consideration, and disposition of any
    motion incidental to a call of the House.

      (b) A quorum shall not be required in Committee of the Whole for
    agreement to a motion that the Committee rise.

      (c) After the presence of a quorum is once ascertained on any day on
    which the House is meeting, a point of order of no quorum may not be
    made or entertained--

          (1) during the reading of the Journal;

          (2) during the period after a Committee of the Whole has risen
    after completing its consideration of a bill or resolution and before
    the Chairman of the Committee has reported the bill or resolution back
    to the House; and

          (3) during any period of a legislative day when the Speaker is
    recognizing Members (including a Delegate or Resident Commissioner) to
    address the House under special orders, with no measure or matter then
    under consideration for disposition by the House.

    [[Page 557]]
    is not required or a point of order of no quorum may not be made or
    entertained.
      (d) When the presence of a quorum is ascertained, a further point of
    order that a quorum is not present may not thereafter be made or
    entertained until additional business intervenes. For purposes of this
    paragraph, the term ``business'' does not include any matter,
    proceeding, or period referred to in paragraph (a), (b), or (c) of this
    clause for which a quorum

      (e)(1) Except as provided by subparagraph (2), it shall not be in
    order to make or entertain a point of order that a quorum is not present
    unless the Speaker has put the pending motion or proposition to a vote.

    Sec. 774d. Speaker's discretion to recognize for motion
    for call of House.

      (2)  Notwithstanding subparagraph (1), it shall always
    be in order for a Member to move a call of the House when recognized for
    that purpose by the Speaker, and when a quorum has been established
    pursuant to a call of the House, further proceedings under the call
    shall be considered as dispensed with unless the Speaker, in his
    discretion, recognizes for a motion under clause 2(a) of this rule or
    for a motion to dispense with further proceedings under the call.

      Paragraphs (a) through (d) were added in the 93d Congress (H. Res.
    998, Apr. 9, 1974, pp. 10195-99) and paragraph (e) in the 95th Congress
    (H. Res. 5, Jan. 4, 1977, pp. 53-70).

      Under clause 6(e)(1), the Speaker may not entertain a point of order
    of no quorum when he has not put a question to a vote in the House
    (Speaker O'Neill, Jan. 11, 1977, p. 891; Jan. 31, 1977, p. 2640). The
    Chair may not entertain a point of order of no quorum pending a request
    that a committee be permitted to sit under the five-minute rule, since
    the Chair has not put the question on a pending proposition to a vote
    (June 18, 1980, pp. 15316-17). But under clause 6(e)(2) the Speaker may
    at any time in his discretion recognize a Member of his choice to move a
    call of the House (Speaker O'Neill, Jan. 19, 1977, p. 1719; Jan. 31,
    1977, p. 2640; Aug. 6, 1986, p. 19370) even, for example, prior to the
    call of the Private Calendar, which under clause 6 of rule XXIV is in
    order after approval of the Journal and disposition of business on the
    Speaker's table (July 8, 1987, p. 18972). Clause 6(e)(2) was amended in
    the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16) to dispense with
    further proceedings under any call of the House when a quorum appears
    unless the Speaker at his discretion recognizes for a motion.

    [[Page 558]]
    since the clause contains an absolute and unambiguous prohibition
    against entertaining such a point of order (Sept. 16, 1977, pp. 29562-
    63). During debate on a measure in the House the Speaker will not
    respond to an inquiry as to the number of Members present in the
    Chamber, since a point of no quorum is not admissible unless he has put
    the pending question to a vote (Oct. 28, 1987, p. 29682).
      The Speaker's refusal to entertain a point of order of no quorum when
    a pending question has not been put to a vote is not subject to an
    appeal,

      In adopting this rule, the House has presumably determined that the
    mere conduct of debate in the House, where the Chair has not put the
    pending motion or proposition to a vote, is not such business as
    requires a quorum under the Constitution (art. I, sec. 5, cl. 1), and
    neither a point of order of no quorum during debate only nor a point of
    order against the enforcement of this clause lies independently under
    the Constitution (Sept. 8, 1977, p. 28114; Sept. 12, 1977, pp. 28800-01;
    Feb. 27, 1986, p. 3060). See also clause 2 of rule XVII, providing that
    after the previous question is ordered a call of the House shall only be
    in order if the Speaker determines by actual count of the House that a
    quorum is not present.

    Sec. 774e. Yeas and Nays ordered on certain
    questions.

      7.  The yeas and nays shall be considered as ordered when the
    Speaker puts the question on final passage or adoption of any bill,
    joint resolution, or conference report making general appropriations or
    increasing Federal income tax rates, or on final adoption of any
    concurrent resolution on the budget or conference report thereon.

    [House Rules Manual -- House Document No. 103-342]
    [Page 558-604]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-100]

      This clause was adopted in the 104th Congress (sec. 214, H. Res. 6,
    Jan. 4, 1995, p. ----).

                                    Rule XVI.

                       ON MOTIONS, THEIR PRECEDENCE, ETC.

    Sec. 775. Motions reduced to writing and entered on the
    Journal.

      1.  Every motion made to the House and entertained by the Speaker
    shall be reduced to writing on the demand of any Member, and shall be
    entered on the Journal with the name of the Member making it, unless it
    is withdrawn the same day.

    [[Page 559]]

      This clause was made up in 1880 of old rules adopted in 1789 and 1806
    (V, 5300).

      Because of this rule it has been held not in order to amend or strike
    out a Journal entry setting forth a motion exactly as made (IV, 2783,
    2789). A motion not entertained is not entered on the Journal (IV, 2813,
    2844-2846). See Sec. 71, supra, for discussion of Journal entries. Any
    Member may demand that a motion be reduced to writing and in the proper
    form, including the motion to adjourn (Sept. 27, 1993, p. ----; Jan. 4,
    1995, p. ----), and the demand may be initiated by the Chair (July 24,
    1986, p. 17641). Consistent with this clause, the Chairman of the
    Committee of the Whole requires that each amendment be reduced to
    writing (July 22, 1994, p. ----).

    Sec. 776. Stating and withdrawing of motions.

      2.  When a
    motion has been made, the Speaker shall state it or (if it be in
    writing) cause it to be read aloud by the Clerk before being debated,
    and it shall then be in possession of the House, but may be withdrawn at
    any time before a decision or amendment.

      The provisions of this clause were adopted first in 1789. At that time
    a second was required for every motion, but in practice this requirement
    became obsolete very early, and it was dropped from the rule in 1880 (V,
    5304).

      The House always insists that the motion shall be stated or read
    before debate shall begin (V, 4983) and the Clerk's reading may be
    dispensed with only by unanimous consent (Dec. 15, 1975, p. 40671; see
    provision of Jefferson's Manual at Sec. 432, supra). It is the duty of
    the Speaker to put a motion in order under the rules and practice
    without passing on its constitutional effect (IV, 3550; VIII, 2225,
    3031, 3071, 3427). In a case wherein a clerk presiding during
    organization of the House declined to put a question, a Member-elect put
    the question from the floor (I, 67).

      Under certain circumstances, a Member may make a double motion (V,
    5637).

    [[Page 560]]
    (VIII, 3420); but where a second is not required on a motion to suspend
    the rules under clause 2 of rule XXVII, the motion may be withdrawn at
    any time before action is taken thereon (July 27, 1981, p. 17563). A
    motion may be withdrawn although an amendment may have been offered and
    be pending (V, 5347; VI, 373; VIII, 2639), and in the House an
    amendment, whether simple or in the nature of a substitute, may be
    withdrawn at any time before an amendment is adopted thereto or decision
    is had thereon (VI, 587; VIII, 2332, 2764); and the same right to
    withdraw an amendment exists in the House as in Committee of the Whole
    (IV, 4935; June 26, 1973, p. 21315); but unanimous consent to withdraw
    an amendment is required in Committee of the Whole (V, 5221, 5753; VI,
    570; VIII, 2465, 2859, 3405). Withdrawal of a pending resolution is not
    in order when the absence of a quorum has been announced by the Chair
    (Oct. 14, 1970, pp. 36665-69). A motion that the House resolve into the
    Committee of the Whole for the consideration of a bill may be withdrawn
    pending a point of order against consideration of the bill, and if the
    motion is withdrawn the Chair is not obligated to rule on the point of
    order (VIII, 3405; Dec. 3, 1979, p. 34385). Unanimous consent is not
    required to withdraw a pending unanimous consent request (Speaker
    O'Neill, Dec. 16, 1985, p. 36575).

    Sec. 777. Conditions of withdrawal of motions.

      Even  after
    the affirmative side has been taken on a division the withdrawal of a
    motion has been permitted (V, 5348), also after a viva voce vote and the
    ordering and appointment of tellers (V, 5349). While the House was
    dividing on a second of the previous question (this second is no longer
    required) on a motion to refer a resolution, the Member was permitted to
    withdraw the resolution (V, 5350); also a motion was once withdrawn
    after the previous question had been ordered on an appeal from a
    decision on a point of order as to the motion (V, 5356). A motion to
    suspend the rules could be withdrawn at any time before a second was
    ordered (V, 6844; VIII, 3405, 3419), even on another suspension day (V,
    6844) but not after a second was ordered, except by unanimous consent

      A ``decision'' which prevents withdrawal may consist of the ordering
    of the yeas and nays (V, 5353), either directly on the motion or on a
    motion to lay it on the table (V, 5354), the ordering of the previous
    question (V, 5355; June 29, 1995, p. ----), or the demand therefor (V,
    5489), or the refusal to lay on the table (V, 5351, 5352; VIII, 2640).
    Where the Speaker has put the question on adoption of a resolution to a
    voice vote without the ordering of the previous question, and the yeas
    and nays have not been ordered, the resolution may be withdrawn (V,
    5349; Feb. 26, 1985, p. 3501). A privileged resolution called up in the
    House is debated under the hour rule; and the Member calling up such a
    resolution is recognized for an hour notwithstanding the fact that the
    resolution has been previously considered, debated, and then withdrawn
    before action thereon (Apr. 8, 1964, pp. 7303-08).

      Where proceedings are postponed on a motion for the previous question
    pending a point of no quorum on a voice vote thereon (pursuant to clause
    5 of rule I), the manager may withdraw the motion when it is again
    before the House as unfinished business. See proceedings of July 24,
    1989, where the motion for the previous question was withdrawn and an
    amendment was offered to a special order (p. 15818).

    [[Page 561]]

      A Member having the right to withdraw a motion before a decision
    thereon has the resulting power to modify the motion (V, 5358; Oct. 23,
    1990, p. ----), and a Member having the right to withdraw a motion to
    instruct conferees before a decision thereon has the resulting power to
    modify the motion by offering a different motion at the same stage of
    proceedings (July 14, 1993, p. ----). A motion being withdrawn, all
    proceedings on an appeal arising from a point of order related to it
    fell thereby (V, 5356).

    Sec. 778. The question of consideration.

      3.  When any motion
    or proposition is made, the question, Will the House now consider it?
    shall not be put unless demanded by a Member.

      The question of consideration is an outgrowth of the practice of the
    House, and was in use as early as 1808. The rule was adopted in 1817 in
    order to limit its use. It is the means by which the House protects
    itself from business that it does not wish to consider (V, 4936; VIII,
    2436). The refusal to consider does not amount to the rejection of a
    bill or prevent its being brought before the House again (V, 4940), and
    an affirmative vote does not prevent the question of consideration from
    being raised on a subsequent day when the bill is again called up as
    unfinished business (VIII, 2438). It has once been held that a question
    of privilege which the House has refused to consider may be brought up
    again on the same day (V, 4942). The question of consideration is not
    debatable (VIII, 2447), and thus not subject to the motion to lay on the
    table (Oct. 4, 1994, p. ----). See also rule XXV (Sec. 900, infra),
    which provides that questions relating to the priority of business are
    not debatable.

    Sec. 779. Raising the question of consideration.

      A  Member
    may demand the question of consideration, although the Member in charge
    of the bill may claim the floor for debate (V, 4944, 4945; VI, 404); but
    after debate has begun the demand may not be made (V, 4937-4939). It has
    been admitted, however, after the making of a motion to lay on the table
    (V, 4943). The demand for the question of consideration may not be
    prevented by a motion for the previous question (V, 5478), but after the
    previous question is ordered it may not be demanded (V, 4965, 4966),
    even on another day, unless other business has intervened (V, 4967,
    4968). The question of consideration being pending, a motion to refer is
    not in order (V, 5554).

      The intervention of an adjournment does not destroy the right to raise
    the question of consideration (V, 4946), but this right did not hold
    good in a case where the yeas and nays had been ordered and the House
    had adjourned pending the failure of a quorum on the roll call (V,
    4949). A question of consideration undisposed of at an adjournment does
    not recur as unfinished business on a succeeding day (V, 4947, 4948). It
    is not in order to reconsider the vote whereby the House refuses to
    consider a bill (V, 5626, 5627), although it is in order to reconsider
    an affirmative vote on the question of consideration (Oct. 4, 1994, p.
    ----).

    [[Page 562]]
    raised against a proposition before the House for reference merely, as
    a petition (V, 4964). It may not be demanded against a class of business
    in order under a special order or rule, but may be demanded against each
    bill individually (IV, 3308, 3309; V, 4958, 4959). It may be raised
    against a bill which has been made a special order (IV, 3175; V, 4953-
    4957), unless the order provides for immediate consideration (V, 4960),
    and it may be raised against a bill on the Union Calendar on Calendar
    Wednesday before resolving into the Committee of the Whole even after
    one Wednesday has been devoted to it (VIII, 2447); but it may not be
    raised against a report from the Committee on Rules relating to the
    order of considering individual bills (V, 4961-4963; VIII, 2440, 2441).

    Sec. 780. Questions subject to the question of
    consideration.

      The  question of consideration may be demanded against a
    matter of the highest privilege, such as the right of a Member to his
    seat (V, 4941), a question involving the privilege of the House (VI,
    560), against the motion to reconsider (VIII, 2437), but not against a
    bill returned with the President's objection (V, 4960, 4970). It may not
    be

      The question of consideration may not be raised on a motion relating
    to the order of business (V, 4971-4976; VIII, 2442; May 21, 1958, p.
    9216); to a motion to discharge a committee (V, 4977); or against a
    motion to take from the Speaker's table Senate bills substantially the
    same as House bills already favorably reported and on the House Calendar
    (VIII, 2443). On a motion to go into Committee of the Whole to consider
    a bill the House expresses its wish as to consideration by its vote on
    this motion (V, 4973-4976; VI, 51; VIII, 2442; May 21, 1958, p. 9216).

    Sec. 781. Relation of question of consideration 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 (V, 4950, 4951; VII,
    2439), but if the point relates merely to the manner of considering, it
    should be passed on afterwards (V, 4950). In general, after the House
    has decided to consider, a point of order raised with the object of
    preventing consideration, in whole or part, comes too late (IV, 4598; V,
    4952, 6912-6914), but on a conference report the question of
    consideration may be demanded before points of order are raised against
    the substance of the report (VIII, 2439; Speaker Albert, Sept. 28, 1976,
    p. 33019).

    [[Page 563]]

    Sec. 781a. Unfunded mandates.

      The  Unfunded Mandates Reform
    Act of 1995 (P.L. 104-4; 109 Stat. 48 et seq.) added a new part B to
    title IV of the Congressional Budget Act of 1974 (2 U.S.C. 658-658g)
    that, effective on January 1, 1996, or 90 days after appropriations are
    made available to the Congressional Budget Office pursuant to the 1995
    Act (whichever is earlier), imposes several requirements on committees
    with respect to ``Federal mandates'' (secs. 423-424; 2 U.S.C. 658b-c),
    establishes points of order to enforce those requirements (sec. 425; 2
    U.S.C. 658d), and precludes the consideration of a rule or order waiving
    such points of order in the House (sec. 426(a); 2 U.S.C. 658e(a)). The
    latter provision also prescribes that such points of order be disposed
    of by putting the question of consideration with respect to the
    proposition against which they are lodged (sec. 426(b); 2 U.S.C.
    658e(b)). See Sec. 1007, infra.

    [[Page 564]]
    motion to adjourn provided for in this clause and shall be determined
    without debate.

    Sec. 782. Precedence of privileged motions.

      4.  When a
    question is under debate, no motion shall be received but to adjourn, to
    lay on the table, for the previous question (which motions shall be
    decided without debate), to postpone to a day certain, to refer, or to
    amend, or postpone indefinitely; which several motions shall have
    precedence in the foregoing order; and no motion to postpone to a day
    certain, to refer, or to postpone indefinitely, being decided, shall be
    again allowed on the same day at the same stage of the question. After
    the previous question shall have been ordered on the passage of a bill
    or joint resolution one motion to recommit shall be in order, and the
    Speaker shall give preference in recognition for such purpose to a
    Member who is opposed to the bill or joint resolution. However, with
    respect to any motion to recommit with instructions after the previous
    question shall have been ordered, it always shall be in order to debate
    such motion for ten minutes before the vote is taken on that motion,
    except that on demand of the floor manager for the majority it shall be
    in order to debate such motion for one hour. One half of any debate on
    such motions shall be given to debate by the mover of the motion and one
    half to debate in opposition to the motion. It shall be in order at any
    time during a day for the Speaker, in his discretion, to entertain
    motions that (1) the Speaker be authorized to declare a recess; and (2)
    when the House adjourns it stand adjourned to a day and time certain.
    Either motion shall be of equal privilege with the

      The first form of this clause appears in 1789, but amendments have
    been made at various times (V, 5301; VIII, 2757). That portion of the
    clause relating to debate on the motion to recommit with instructions
    was included as section 123 of the Legislative Reorganization Act of
    1970 and was made a part of the standing rules in the 92d Congress (H.
    Res. 5, Jan. 22, 1971, p. 14). The final two sentences of the clause
    were added in the 93d Congress to enable a privileged, nondebatable
    motion to fix the adjournment (H. Res. 6, Jan. 3, 1973, pp. 26-27), and
    amended in the 102d Congress to enable a privileged, nondebatable motion
    for recess authority (H. Res. 5, Jan. 3, 1991, p. ----). The clause was
    also amended in the 99th Congress to provide that on the demand of the
    majority floor manager of a bill or joint resolution, the ten minutes of
    debate on a motion to recommit with instructions, the previous question
    having been ordered, may be extended to one hour, equally divided and
    controlled (H. Res. 7, Jan. 3, 1985, p. 393).

      The application of the first sentence of the clause is confined to
    cases wherein a question is ``under debate'' (V, 5379). It has been held
    that a question ceases to be ``under debate'' after the previous
    question has been ordered (V, 5415). But with the exception of the
    motion to adjourn it is obvious that the motions specified in this rule
    can only be used when some question is ``under debate.''

    [[Page 565]]
    virtue of unanimous consent permission to announce to the House the
    legislative program (Dec. 14, 1982, p. 30549), or a call of the yeas and
    nays (V, 6053), or the actual act of voting by other means (V, 5360), or
    be made after the House has voted to go into Committee of the Whole (IV,
    4728; V, 5367, 5368), or defer the right of a Member to take the oath
    (I, 622) and may not be repeated in the absence of intervening business
    (Speaker Albert, July 31, 1975, p. 26243); and when no question is under
    debate it may not displace a motion to fix the day to which the House
    shall adjourn (V, 5381). The Speaker has refused to recognize for a
    motion to adjourn pending a vote on a proposition, where a special order
    provided that the House vote thereon ``without intervening motion'' (IV,
    3211-3213).

    Sec. 783. The motion to adjourn.

      The  motion to adjourn not
    only has the highest precedence when a question is under debate, but,
    with certain restrictions, it has the highest privilege under all other
    conditions. Even questions of privilege (III, 2521), such as a motion
    privileged under the Constitution (VIII, 2641), the filing of a
    privileged report pursuant to clause 4(a) of rule XI (Apr. 29, 1985, p.
    9699), a motion to suspend the rules (Aug. 11, 1992, p. ----), and the
    motion to reconsider yield to it (V, 5605), and a conference report may
    defer it only until the report is before the House (V, 6451-6453). The
    motion may be made after the yeas and nays are ordered and before the
    roll call has begun (V, 5366), before the reading of the Journal (IV,
    2757) or the Speaker's approval thereof (Speaker Wright, Nov. 2, 1987,
    p. 30386), pending a motion to reconsider (Sept. 20, 1979, pp. 25512-
    13), after the House rejects a motion to table a motion to instruct
    conferees and before the vote occurs on the motion to instruct (May 29,
    1980, pp. 12717-19), or when the Speaker is absent and the Clerk is
    presiding (I, 228), and in the absence of a quorum has precedence over
    the motion for a call of the House (VIII, 2642), takes priority of a
    motion to dispense with further proceedings under the call (VIII, 2643),
    and takes precedence of a motion directing the Sergeant-at-Arms to
    arrest absentees during a call of the House (June 6, 1973, p. 18403).
    But the motion to adjourn may not interrupt a Member who has the floor
    (V, 5369, 5370; VIII, 2646; Mar. 25, 1993, p. ----) as, for example, by

      When the House has fixed the hour of daily meeting, the simple motion
    to adjourn may neither be amended (V, 5754) by specifying a particular
    day (V, 5360) or hour (V, 5364) (but see Sec. 784, infra, for a
    discussion of the equally privileged motion to fix the day and time to
    which the House shall adjourn); nor by stating the purposes of
    adjournment (V, 5371, 5372; VIII, 2647). However, when the hour of daily
    meeting is not fixed, the motion to adjourn may fix it (V, 5362, 5363).
    A motion to adjourn is in order in simple form only (VIII, 2647), is not
    debatable (V, 5359), may not be laid on the table (Aug. 3, 1990, p. ----
    ), is not in order in Committee of the Whole (IV, 4716), and is not
    entertained when the Committee of the Whole rises to report proceedings
    incident to securing a quorum (VI, 673; VIII, 2436). After the motion is
    made neither another motion nor an appeal may intervene before the
    taking of the vote (V, 5361). When the House adopts the motion to
    adjourn, it must adjourn immediately; and a unanimous consent request
    that the House proceed to the calling of special order speeches is not
    in order (Sept. 27, 1993, p. ----).

    [[Page 566]]
    to a time certain later in the day, thereby meeting for two legislative
    days on the same calendar day (Nov. 17, 1981, p. 27771; Oct. 29, 1987,
    p. 29933; June 29, 1995, p. ----). When the Speaker exercises his
    discretion to entertain ``at any time'' a motion that when the House
    adjourn it stand adjourned to a day and time certain, the motion is of
    equal privilege with the simple motion to adjourn and takes precedence
    over a pending question on which the vote has been objected to for lack
    of a quorum (Nov. 17, 1981, p. 27770). The motion is not subject to the
    motion to lay on the table since it is not debatable and the precedence
    conferred on the motion to table only applies to a question that is
    ``under debate'' (Nov. 17, 1981, p. 27770).

    Sec. 784. Motion to fix the day to which the House shall
    adjourn.

      The  motion to fix the day and time to which the House shall
    adjourn, in its present form, was included in this clause of rule XVI
    and given privileged status in the 93d Congress (H. Res. 6, Jan. 3,
    1973, pp. 26-27). At several times during the 19th Century the motion to
    fix the day to which the House should adjourn was included within the
    rule as to the precedence of motions but was dropped because of its use
    in obstructive tactics (V, 5301, 5379). The following precedents relate
    to the use of the motion in its earlier form: No question being under
    debate, a motion to fix the day to which the House should adjourn,
    already made, was held not to give way to a motion to adjourn (V, 5381).
    But if the motion to adjourn be made first, the motion to fix the day or
    for a recess is not entertained (V, 5302). The motion to fix the day is
    not debatable under the practice of the House (V, 5379, 5380; VIII,
    2648, 3367), requires a quorum for adoption (IV, 2954; June 19, 1975, p.
    19789; June 22, 1976, p. 19755), and is only in order if offered on the
    day on which the adjournment applies (Speaker pro tempore O'Neill, Sept.
    23, 1976, p. 32104). The House may convene and adjourn twice on the same
    calendar day pursuant to a motion under this clause that when the House
    adjourn it adjourn

    Sec. 785. Motion to lay on the table.

      The  motion to lay on
    the table is used in the House for a final, adverse disposition of a
    matter without debate (V, 5389), and is in order before the Member
    entitled to prior recognition for debate has begun his remarks (V, 5391-
    5395; VIII, 2649, 2650). Under the explicit terms of this clause, the
    motion is not debatable (Oct. 16, 1991, p. ----). The motion is
    applicable to a motion to reconsider (VIII, 2652, 2659), motion to
    postpone to a day certain (VIII, 2654, 2657), resolution presenting
    question of privilege (VI, 560), appeal from decision of the Chair
    (VIII, 3453), motion to discharge committee from resolution of inquiry
    (VI, 415), motion that the Journal be approved as read (Sept. 13, 1965,
    p. 23600), proposal to investigate with view to impeachment (VI, 541),
    concurrent resolution to adjourn sine die (Mar. 27, 1936, p. 4512) and a
    resolution to expel a Member (Oct. 1, 1976, p. 35111). But a question of
    privilege (affecting the right of a Member to a seat) that has been laid
    on the table may be taken therefrom on motion made and agreed to by the
    House (V, 5438). The motion to lay on the table has the precedence given
    it by the rule, but may not be made after the previous question is
    ordered (V, 5415-5422; VIII, 2655), or even after the yeas and nays have
    been ordered on the demand for the previous question (V, 5408, 5409);
    but pending the demand for the previous question on a motion that is
    under debate, the motion to lay the primary motion on the table is
    preferential and is voted on first (Speaker Albert, Sept. 22, 1976, pp.
    31876-82; Speaker O'Neill, July 10, 1985, pp. 18397-18400). The previous
    question having been ordered on a bill to final passage, the motion to
    lay the bill on the table may not then be offered pending a motion to
    reconsider the vote whereby the bill had been passed or rejected (Sept.
    20, 1979, pp. 25512-13).

    [[Page 567]]
    to the table pending motions for their disposition (VIII, 2657). The
    Journal does not accompany a proposed amendment to the table (V, 5435,
    5436); the original question does not accompany an appeal (V, 5434); a
    resolution does not accompany another resolution with which it is
    connected, or a preamble (V, 5248, 5430); and a petition does not
    accompany the motion to receive it when the latter is laid on the table
    (V, 5431-5433); a bill does not accompany a motion to instruct conferees
    which is laid on the table (VIII, 2658).
      When a bill is laid on the table, pending motions connected therewith
    go to the table also (V, 5426, 5427); and when a proposed amendment is
    laid on the table the pending bill goes there also (V, 5423; VIII,
    2656), and if a pending amendment to a special order reported from the
    Committee on Rules were tabled, it would carry the resolution with it
    and is thus considered dilatory under clause 4(b) of rule XI (Sept. 25,
    1990, p. ----). This rule holds good as to a House bill with Senate
    amendments (V, 5424, 6201-6203; Sept. 28, 1978, p. 32334), but laying on
    the table the motion to postpone consideration of Senate amendments was
    held not to carry

      A motion to lay on the table a motion to reconsider the vote by which
    an amendment to a resolution had been agreed to would not carry the
    resolution to the table (VIII, 2652).

      The motion is not in order in Committee of the Whole (IV, 4719, 4720;
    VIII, 2330, 2556a, 3455; Mar. 16, 1995, p. ----), or on motions to go
    into the Committee of the Whole (VI, 726). It may not be amended (V,
    5754), for example, to operate for a specified time (Oct. 16, 1991, p.
    ----), or applied to the motions for adjournment (Aug. 3, 1990, p. ----
    ), the previous question (V, 5410-5411; Oct. 4, 1994, p. ----), to
    suspend the rules (V, 5405), to commit after the previous question is
    ordered (V, 5412-5414; VIII, 2653, 2655), or to any motion relating to
    the order of business (V, 5403, 5404). It may not be applied to a motion
    to discharge a committee under rule XXVII (June 11, 1945, p. 5892) but
    may be applied to the motion to discharge a committee from consideration
    of a resolution of inquiry (V, 5407). It is generally not applicable to
    motions that are neither debatable nor amendable and hence cannot be
    applied to a motion to dispense with further proceedings under a call of
    the House (Speaker McCormack, Aug. 27, 1962, pp. 17651-54), or to a
    motion that when the House adjourn it stand adjourned to a day and time
    certain (Nov. 17, 1981, p. 27770). The motion to lay on the table is
    applicable to debatable secondary or privileged motions for disposal of
    another matter; thus a motion to refer (V, 5433; Aug. 13, 1982, pp.
    20969, 20975-78) or a motion to recede and concur in a Senate amendment
    in disagreement may be laid on the table (Speaker O'Neill, Feb. 22,
    1978, p. 4072) without carrying the pending matter to the table. The
    motion is not applicable to a conference report (V, 6540).

    [[Page 568]]
    ished business in the House, recognition for debate does not begin anew
    but recommences from the point where it was interrupted (June 10, 1980,
    p. 13801). It is not in order to postpone pending business to Calendar
    Wednesday (VIII, 2614), but if so postponed by consent, when
    consideration is concluded on that Wednesday, the remainder of the day
    is devoted to business in order under the Calendar Wednesday rule (VII,
    970). The motion is not used in Committee of the Whole, but a motion
    that a bill be reported with the recommendation that it be postponed is
    in order in the Committee of the Whole proceeding under the general
    rules of the House (IV, 4765; VIII, 2372), is debatable (VIII, 2372),
    and is a preferential motion (VIII, 2372, 2615), but debate is confined
    to the advisability of postponement only (VIII, 2372). It has been held
    in order to postpone an appeal (VIII, 2613). A bill under consideration
    in the morning hour may not be made a special order by a motion to
    postpone to a day certain (IV, 3164).

    Sec. 786. The motions to postpone.

      As  indicated in the rule,
    the motions to postpone are two in number and distinct: One to postpone
    to a day certain; the other to postpone indefinitely. Each must apply to
    the whole and not a part of the pending proposition (V, 5306). Neither
    may be entertained after the previous question is ordered (V, 5319-5321;
    VIII, 2616, 2617), or be applied to a special order providing for the
    consideration of a class of bills (V, 4958); but when a bill comes
    before the House under the terms of a special order that assigns a day
    merely, a motion to postpone may be applied to the bill (IV, 3177-3182).
    Business postponed to a day certain is in order on that day immediately
    after the approval of the Journal and disposition of business on the
    Speaker's Table, unless displaced by more highly privileged business
    (VIII, 2614). Where consideration of a measure postponed to a day
    certain resumes as unfin

      The motion to postpone to a day certain may not specify the hour (V,
    5307). The motion may be amended (V, 5754; VIII, 2824). It is debatable
    within narrow limits only (V, 5309, 5310), the merits of the bill to
    which it is applied not being within those limits (V, 5311-5315; VIII,
    2372, 2616, 2640).

      The motion to postpone indefinitely opens to debate all the merits of
    the proposition to which it is applied (V, 5316). It may not be applied
    to the motion to refer (V, 5317), to suspend the rules (V, 5322), or
    motion to resolve into the Committee of the Whole (VI, 726), and it is
    reasonable to infer that it is equally inapplicable to the other
    secondary or privileged motions enumerated in the rule and to motions
    relating to the order of business. However, the motion to postpone
    indefinitely may be applied to the motion that the House resolve itself
    into the Committee of the Whole pursuant to the provisions of a statute,
    enacted under the rule-making power of the House of Representatives,
    that specifically allows such a motion in the consideration of a
    resolution disapproving a certain executive action (Mar. 10, 1977, p.
    7021; Aug. 3, 1977, p. 26528).

    [[Page 569]]
    Member or a Member opposed to the question to which the motion is
    applied is entitled to a priority of recognition, and whether the
    prohibition in clause 4(b) of rule XI against a special order reported
    from the Committee on Rules denying a motion to recommit a bill or joint
    resolution pending final passage is applicable. The motion may not be
    used in direct form in Committee of the Whole (IV, 4721; VIII, 2326);
    and where a bill is being considered under the provisions of a
    resolution stating that ``at the conclusion of the consideration of the
    bill for amendment under the five-minute rule the Committee shall rise
    and report the bill back to the House with such amendments as may have
    been adopted,'' a motion that the Committee rise and report to the House
    with the recommendation that the bill be recommitted to the legislative
    committee reporting it is not in order (Aug. 10, 1950, p. 12219). It may
    be made after the engrossment and third reading of a bill, even though
    the previous question may not have been ordered (V, 5562, 5563).

    Sec. 787. The motions to refer.

      The  parliamentary motion to
    refer is explicitly recognized and given status in four different
    situations under House rules: The ordinary motion provided for in the
    first sentence of this clause; the motion to recommit with or without
    instructions after the previous question has been ordered on a bill or
    joint resolution to final passage, provided in the second sentence of
    this clause; the motion to commit, with or without instructions, pending
    the motion for or after ordering of the previous question as provided in
    clause 1 of rule XVII (V, 5569) and the motion to refer, with or without
    instructions, pending a vote in the House to strike out the enacting
    clause as provided in clause 7 of rule XXIII. The terms ``refer,''
    ``commit,'' and ``recommit'' are sometimes used interchangeably (V,
    5521; VIII, 2736), but when used in the precise manner and situation
    contemplated in each rule, reflect certain differences based upon
    whether the question to which applied is ``under debate,'' whether the
    motion itself is debatable, whether a Minority

      If the previous question is rejected on a preferential motion to
    dispose of Senate amendments in disagreement, the preferential motion
    remains ``under debate'' and the motion to refer may be offered under
    this clause (Speaker Albert, Sept. 16, 1976, pp. 30887-88). A motion to
    refer takes precedence over motion to amend when a question is under
    debate (such as where the previous question has been rejected), and the
    Chair recognizes the Member seeking to offer the preferential motion
    before the less preferential motion is read (Aug. 13, 1982, pp. 20969,
    20975-78).

    [[Page 570]]
    for five minutes in favor of the motion may not reserve time (Speaker
    Wright, June 29, 1988, p. 16510; June 29, 1989, p. 13938).
      The simple motion to refer under the first sentence of this clause is
    debatable within narrow limits (V, 5054) and may be offered by any
    Member (who need not qualify as being in opposition to the pending
    question) when that question is ``under debate,'' i.e., when the
    previous question has not been moved or ordered, but the merits of the
    proposition sought to be referred may not be brought into the debate (V,
    5564-5568; VI, 65, 549; VIII, 2740). The motion to refer with
    instructions is also debatable (V, 5561); but the previous question is
    preferential (Mar. 22, 1990, p. 4997), and when the previous question is
    ordered on a bill to final passage, debate on a straight motion to
    recommit under the second sentence of this clause is no longer in order
    and only a motion to recommit with instructions is debatable for the ten
    minutes specified in the rule (June 22, 1995, p. ----). Prior to the
    amendment of clause 4 of rule XVI in the 92d Congress, no debate was
    permitted on a motion to recommit with instructions after the previous
    question was ordered (V, 5561, 5582-5584; VIII, 2741). The ten minutes'
    debate provided under this clause on motions to recommit with
    instructions does not apply to a motion to recommit with instructions a
    simple or concurrent resolution or conference report, since the clause
    limits its applicability to bills and joint resolutions (Nov. 15, 1973,
    p. 37151; Mar. 29, 1976, p. 8444; Speaker O'Neill, June 19, 1986, p.
    14698). The manager of a bill or joint resolution and not the proponent
    of a motion to recommit with instructions has the right to close
    controlled debate on a motion to recommit (Speaker Wright, Dec. 3, 1987,
    p. 34066); the Member recognized

    Sec. 788. Instructions with the motion to refer.

      The  motion
    to refer may specify that the reference shall be to a select as well as
    a standing committee (IV, 4401) without regard for rules of jurisdiction
    (IV, 4375; V, 5527) and may provide for reference to another committee
    than that reporting the bill (VIII, 2696, 2736), or to the Committee of
    the Whole (V, 5552-5553), and even that the committee be endowed with
    power to send for persons and papers (IV, 4402). Unless the previous
    question is ordered the motion may be amended (VIII, 2712, 2738), in
    part (V, 5754); by substitute (VIII, 2698, 2738, 2759); or by adding
    instructions (V, 5521, 5570, 5582-5584; VIII, 2695, 2762; Aug. 13, 1982,
    pp. 20969, 20975-78). The ordering of the previous question on a bill
    and all amendments to final passage precludes debate (other than that
    specified in clause 4 of rule XVI) on a motion to recommit but does not
    exclude amendments to such motion (V, 5582; VIII, 2741) and unless the
    previous question is ordered on a motion to recommit with instructions,
    the motion is open to amendment germane to the bill (see V, 6888; VIII,
    2711), and a substitute striking out all of the proposed instructions
    and substituting others cannot be ruled out as interfering with the
    right of the minority to move recommitment (VIII, 2759). The Member
    offering a motion to recommit a bill with instructions may, at the
    conclusion of the 10 minutes of debate thereon, yield to another Member
    to offer an amendment to the motion if the previous question has not
    been ordered on the motion to recommit (Speaker Albert, July 19, 1973,
    p. 24967).

      The motion to recommit may not be accompanied by preamble or otherwise
    include argument, explanation, or other matter in the nature of debate
    (V, 5589; VIII, 2749). Thus, a motion to recommit a bill to a standing
    committee with recommendations for producing legislation that the
    President could sign was held inadmissible in both form and content
    (Feb. 27, 1992, p. ----).

    [[Page 571]]
    to offer a motion to recommit with instructions to incorporate an
    amendment in the restricted title (Jan. 11, 1934, pp. 479-83). Where an
    amendment in the nature of a substitute has been adopted, and no motion
    to recommit with an amendment is in order, the minority has sometimes
    used a motion that directs a committee to study an issue and to report
    ``promptly'' its recommendations (Mar. 29, 1990, p. 1834). Instructions
    must be germane to the bill regardless of whether they directly propose
    an amendment thereto (Sept. 23, 1992, p. ----). In the 104th Congress
    clause 4(b) of rule XI was amended to preclude the Committee on Rules
    from reporting a special order that would prevent the Minority Leader or
    his designee from offering a motion to recommit with instructions to
    report back an amendment otherwise in order (but for the adoption of a
    prior amendment). See Sec. 729a, supra.
      It is not in order to propose as instructions anything that might not
    be proposed directly as an amendment (V, 5529-5541; VIII, 2705), such as
    to eliminate an amendment adopted by the House (VIII, 2712), strike out
    an amendment that has been adopted and insert something in its place
    (VIII, 2715), to amend an adopted amendment (VIII, 2720, 2721, 2724), to
    propose an amendment containing legislation on a general appropriation
    bill (Sept. 1, 1976, pp. 28883-84), or to propose instructions to add a
    limitation to a general appropriation bill except pursuant to clause
    2(d) of rule XXI (Sept. 19, 1983, p. 24646; Speaker Foley, Aug. 1, 1989,
    p. 17159, and Aug. 3, 1989, p. 18546, each time sustained by tabling of
    appeal; July 1, 1992, p. ----; June 22, 1995, p. ----); but it has been
    held in order to re-offer an amendment rejected by the House (VIII,
    2728); and where a special rule providing for the consideration of a
    bill prohibited the offering of amendments to a certain title of the
    bill during its consideration (in both the House and the Committee of
    the Whole), it was held not in order

      It has been a practice to permit a motion to recommit with
    instructions that the committee report ``forthwith,'' in which case the
    chairman makes report at once without awaiting action by the committee
    (V, 5545-5547; VIII, 2730), and the bill is before the House for
    immediate consideration (V, 5550; VIII, 2735). If one motion to recommit
    is ruled out, a proper motion is admissible (VIII, 2736, 2760, 2761,
    2763). The motion may be withdrawn in the House at any time before
    action or decision thereon (VIII, 2764). The simple motion to recommit
    and the motion to recommit with instructions are of equal privilege and
    have no relative precedence (VIII, 2714, 2758, 2762; Nov. 25, 1970, p.
    38997). When a bill is recommitted it is before the committee as a new
    subject (IV, 4557; V, 5558), but the committee must confine itself to
    the instructions, if there be any (IV, 4404; V, 5526). Where the House
    has recommitted a bill to a committee with instructions to report it
    back forthwith with certain amendments, the amendments must be adopted
    by the House after the report by the Committee (VIII, 2734).

    [[Page 572]]
    the minority party may have successfully led the opposition to the
    previous question on the special order governing consideration of the
    bill and offered a ``modified closed rule'' permitting only minority
    Members to offer perfecting amendments to the majority text (June 26,
    1981, p. 14740). But while the motion to recommit is the prerogative of
    the minority if opposed, a Member who in the Speaker's determination
    leads the opposition to the previous question on the motion to recommit,
    such as the chairman of the committee reporting the bill, is entitled to
    offer an amendment to the motion to recommit, regardless of party
    affiliation (June 26, 1981, pp. 14791-93). A Member who is opposed to
    the bill ``in its present form'' (i.e., in the form before the House
    when the motion is made) qualifies to offer the motion (Speaker Martin,
    Apr. 15, 1948, p. 4547; Speaker McCormack, Mar. 12, 1964, p. 5147;
    Speaker Albert, Feb. 19, 1976, p. 3920). The Chair does not assess the
    degree of a Member's opposition (Oct. 23, 1991, p. ----). These
    principles of recognition have been applied to motions to ``commit'' or
    ``recommit'' simple or concurrent resolutions as well under clause 1 of
    rule XVII in situations where the resolution or a similar measure has
    been reported from committee (Nov. 28, 1979, p. 33914).
      As stated in the second sentence of clause 4 of rule XVI, recognition
    to offer the motion to recommit, whether a ``straight'' motion or with
    instructions, is the prerogative of a Member who is opposed to the bill
    or joint resolution (Speaker Martin, Mar. 19, 1954, p. 3967); and the
    Speaker looks first to the Minority Leader or his designee (as imputed
    by the form of clause 4(b) of rule XI adopted in the 104th Congress),
    then to minority members of the committee reporting the bill, in order
    of their rank on the committee (Speaker Garner, Jan. 6, 1932, p. 1396;
    Speaker Byrns, July 2, 1935, p. 10638), then to other Members on the
    minority side (Speaker Rayburn, Aug. 16, 1950, p. 12608). Until a
    qualifying Minority Member has had his motion read by the Clerk, he is
    not entitled to the floor so as to prevent another qualifying senior
    Minority Member from the reporting committee from seeking recognition to
    offer the motion to recommit (Speaker O'Neill, Apr. 24, 1979, pp. 8360-
    61). If no Member of the minority qualifies, a majority Member who is
    opposed to the bill may be recognized (Speaker Garner, Apr. 1, 1932, p.
    7327). The priority of recognition of a Member of the minority who is
    opposed is not diminished by the fact that

    <>   5.
    The hour at which the House adjourns shall be entered on the Journal.

    Sec. 789. Repetition of motions.

      The  rule specifies that the
    motions to postpone and refer shall not be repeated on the same day at
    the same stage of the question (V, 5301, 5591; VIII, 2738, 2760). Under
    the practice, also, a motion to adjourn may be repeated only after
    intervening business (V, 5373; VIII, 2814), debate (V, 5374), the
    ordering of the yeas and nays (V, 5376, 5377), decision of the Chair on
    a question of order (V, 5378), reception of a message (V, 5375). The
    motion to lay on the table may also be repeated after intervening
    business (V, 5398-5400); but the ordering of the previous question (V,
    5709), a call of the House (V, 5401), or decision of a question of order
    have been held not to be such intervening business, it being essential
    that the pending matter be carried to a new stage in order to permit a
    repetition of the motion (V, 5709).

      This clause was adopted in 1837, and amended in 1880 (V, 6740).

    [[Page 573]]
    members or any portion of the members of the standing committees of the
    House and the joint standing committees shall not be divisible, nor
    shall any resolution or order reported by the Committee on Rules,
    providing a special order of business be divisible.

    Sec. 791. Division of the question.

      6.  On the demand of any
    Member, before the question is put, a question shall be divided if it
    includes propositions so distinct in substance that one being taken away
    a substantive proposition shall remain: Provided, That any motion or
    resolution to elect the

      This clause was first adopted in 1789, and was amended in 1837 (V,
    6107). The first part of the proviso was adopted April 2, 1917 (VIII,
    2175) and the last part May 3, 1933 (VIII, 3164).

      The House may by adoption of a resolution reported from the Committee
    on Rules suspend the rule providing for the division of a question (VII,
    775).

    [[Page 574]]
    A resolution with two resolve clauses separately certifying the
    contemptuous conduct of two individuals is divisible (Feb. 27, 1986, p.
    3040).

    Sec. 792. Principles governing the division of the
    question.

      The  principle that there must be at least two substantive
    propositions in order to justify division is insisted on rigidly (V,
    6108-6113), as failure to do so produces difficulties (III, 1725). The
    question may not be divided after it has been put (V, 6162), or after
    the yeas and nays have been ordered (V, 6160, 6161); but division of the
    question may be demanded after the previous question is ordered (V,
    5468, 6149; VIII, 3173). In passing on a demand for division the Chair
    considers only substantive propositions and not the merits of the
    question presented (V, 6122). It seems to be most proper, also, that the
    division should depend on grammatical structure rather than on the
    legislative propositions involved (I, 394; V, 6119), but a question
    presenting two propositions grammatically is not divisible if either
    does not constitute a substantive proposition when considered alone
    (VII, 3165). Thus a resolution censuring a Member and adopting a report
    of a committee thereon, which recommends censure on the basis of the
    committee's findings, is not divisible since those questions are
    substantially equivalent (Speaker O'Neill, Oct. 13, 1978, pp. 37016-17);
    and an adjournment resolution that also authorizes the receipt of veto
    messages from the President during the adjournment is not subject to a
    division of the question, as the receipt authority would be nonsensical
    standing alone (June 30, 1976, p. 21702); however, a concurrent
    resolution on the budget is subject to a demand for a division of the
    question if, for example, the resolution grammatically and substantively
    relates to different fiscal years (May 7, 1980, pp. 10185-87), or
    includes a separate, hortatory section having its own grammatical and
    substantive meaning (Speaker Foley, Mar. 5, 1992, p. ----). Decisions
    have been made that a resolution affecting two individuals may be
    divided, although such division may involve a reconstruction of the text
    (I, 623; V, 6119-6121). The better practice seems to be, however, that
    this reconstruction of the text should be made by the adoption of a
    substitute amendment of two branches, rather than by interpretation of
    the Chair (II, 1621). But merely formal words, such as ``resolved,'' may
    be supplied by interpretation of the Chair (V, 6114-6118).

      Except on resolutions to elect Members to committees or on resolutions
    reported from the Committee on Rules providing a special order of
    business, where division of the question is prohibited by clause 6, a
    resolution reported from the Committee on Rules may be divided where
    otherwise appropriate. Thus a resolution reported from that Committee
    establishing several select committees in grammatically divisible
    titles, not being a special order of business, is subject to a demand
    for a division of the question (Jan. 8, 1987, p. 1036). However, it is
    not in order to demand a division of a subject incorporated by reference
    in the pending text, as when a resolution to adopt a series of rules,
    not made a part of the resolution, was before the House, it was held not
    in order to demand a separate vote on each rule (V, 6159).

      The question on engrossment and third reading under clause 1 of rule
    XXI is not divisible (Speaker Foley, Aug. 3, 1989, p. 18544); and in
    voting on the engrossment or passage of a bill or joint resolution, a
    separate vote may not be demanded on the various portions (V, 6144-6146;
    VIII, 3172), or on the preamble (V, 6147).

    [[Page 575]]
    form of a motion to strike out and insert (Oct. 15, 1986, p. 32135).
    Each Senate amendment must be voted on as a whole (VIII, 3175) but the
    Committee of the Whole having reported a Senate amendment with the
    recommendation that it be agreed to with an amendment, a separate vote
    was had on the amendment to the Senate amendment (VIII, 2420). When
    Senate amendments to a House bill are considered in the House a separate
    vote may be had on each amendment (VIII, 2383, 2400, 3191), and separate
    votes may be had on nongermane portions of Senate amendments as provided
    in clause 5 of rule XXVIII.
      A measure containing a series of simple resolutions may be divided (V,
    6149), and a division of the question may be demanded on a resolution
    confirming several nominations (Speaker Albert, Mar. 19, 1975, p. 7344).
    Where an amendment is offered to an appropriation bill providing that no
    part of the appropriation may be paid to named individuals, the
    amendment may be divided for a separate vote on each name (Feb. 5, 1943,
    p. 645). An amendment (to a joint resolution making continuing
    appropriations) containing separate paragraphs appropriating funds for
    different programs may be substantively and grammatically divisible
    although preceded by the same prefatory language applicable to all the
    paragraphs, and the Clerk will read each paragraph as including the
    prefatory language prior to the Chair's putting the question thereon
    (Nov. 8, 1983, p. 31495). An amendment proposing to change a figure in
    one paragraph of an appropriation bill and also to insert a new
    (``fetch-back'') paragraph at another point in the bill is divisible
    (July 15, 1993, p. ----). A division may be demanded on the motion to
    recede from disagreement to a Senate amendment and concur therein (see
    Sec. 525, supra; V, 6209; VIII, 3197-3199, 3203), on a proposition to
    strike out various unrelated phrases (VIII, 3166; Mar. 28, 1984, p.
    6898), on a resolution of impeachment (VI, 545), but may not be demanded
    on Senate amendments when sending to conference (V, 6151-6156; VIII,
    3175). A division of the question may not be demanded, with respect to a
    motion to concur in a Senate amendment with an amendment, between
    concurring and amending (VIII, 3176), and may not be demanded on
    separate parts of the proposed amendment if it is not properly divisible
    under the same tests that apply to any other amendment (Aug. 3, 1973,
    pp. 28124-26; Oct. 11, 1984, p. 32188). Thus a proposed amendment to a
    Senate amendment is not divisible under clause 7 of this rule if in the

      When a motion is made to lay several connected propositions on the
    table a division is not in order (V, 6138-6140), nor is a division in
    order where the previous question is moved on two related propositions,
    as on a special order reported from the Committtee on Rules and a
    pending amendment thereto (Sept. 25, 1990, p. ----). On a motion to
    commit with instructions it is not in order to demand a separate vote on
    the instructions or various branches thereof (V, 6134-6137; VIII, 2737,
    3170; Speaker Rayburn, Apr. 11, 1956, p. 6157; June 29, 1993, p. ----).
    However, an amendment reported forthwith pursuant to instructions
    contained in a successful motion to recommit may be divided on the
    question of its adoption if composed of substantively and grammatically
    distinct propositions (June 29, 1993, p. ----). A motion to recommit a
    bill to conference with various instructions may not be divided (Sept.
    29, 1994, p. ----). However, a motion to instruct conferees after 20
    days of conference (when multiple motions are in order) may be divided
    (Speaker Byrns, May 26, 1936, p. 7951), provided that separate
    substantive propositions are presented (Speaker Rayburn, May 9, 1946, p.
    4750).

      A division of the question may not be demanded on a motion to strike
    out and insert (V, 5767, 6123; VIII, 3169; clause 7 of rule XVI), on
    bills or joint resolutions for reference (IV, 4376) or change of
    reference (VII, 2125), a motion to elect Members to committees of House
    (VIII, 2175, 3164; clause 6 of rule XVI), a question against which a
    point of order is pending (VIII, 3432), a proposition under a motion to
    suspend the rules (V, 6141-6143; VIII, 3171), or on substitutes for
    pending amendments (V, 6127; VIII, 3168; Aug. 17, 1972, pp. 28887-90;
    July 2, 1980, pp. 18288-92), but a perfecting amendment to an amendment
    may be divisible if not in the form of a motion to strike out and insert
    (V, 6131). A proposition reported from the Committee of the Whole as an
    entire and distinct amendment may not be divided, but must be voted on
    in the House as a whole (IV, 4883-4892). An amendment reported forthwith
    pursuant to instructions contained in a successful motion to recommit
    may be divided on the question of its adoption if composed of
    substantively and grammatically distinct propositions (June 29, 1993, p.
    ----). A separate vote may not be demanded in the House on an amendment
    adopted in the Committee of the Whole to an amendment (VIII, 2422, 2426,
    2427).

    [[Page 576]]
    the question, the second is open to debate and amendments, unless the
    previous question is ordered (see Sec. 482, supra). Where a division of
    the question is demanded on a portion of an amendment, the Chair puts
    the question first on the remaining portions of the amendment, and that
    portion on which the division is demanded remains open for further
    debate and amendment (Oct. 21, 1981, pp. 24785-89). However, where no
    further debate or amendment is in order on the divided portion, the
    Chair may put the question first on the divided portion(s) and then
    immediately on the remaining portion (Aug. 17, 1972, Deschler's
    Precedents, vol. 9, ch. 27, sec. 22.14; June 8, 1995, p. ----). Where a
    division of the question is demanded on more than one portion of an
    amendment, the Chair may put the question first on the remaining
    portions of the amendment (if any), then (after further debate) on the
    first part on which a division is demanded, and then (after further
    debate) on the last part on which a division is demanded (Oct. 21, 1981,
    pp. 24785-89). Where a motion to concur in a Senate amendment is divided
    pursuant to a special rule permitting that procedure, the Chair puts the
    question first on the first portion of the Senate amendment, and then on
    the remaining portion (Mar. 4, 1993, p. ----).
      On a decision of the Speaker involving two distinct questions, there
    may be a division on appeal (V, 6157). After the vote on the first
    member of

      Absent a contrary order, the question may be divided on an amendment
    en bloc comprising discrete instructions to amend, even though unanimous
    consent has just been granted for the en bloc consideration (July 25,
    1990, p. ----; July 18, 1991, p. ----). A demand for a division of the
    question on a separate portion of an amendment may be withdrawn before
    the question is put on the first portion thereof (July 15, 1993, p. ----
    ), but once the Chair has put the question on the first portion of the
    amendment, a demand for a division may be withdrawn only by unanimous
    consent (Sept. 9, 1976, pp. 29538-40).

    Sec. 793. Motion to strike out and insert not
    divisible.

      7.  A motion to strike out and insert is indivisible, but a
    motion to strike out being lost shall neither preclude amendment nor
    motion to strike out and insert; * * *

      This clause was adopted in 1811, and amended in 1822 (V, 5767).

    [[Page 577]]
    as it would have the effect of dividing the motion to strike out and
    insert (June 29, 1939, pp. 8282, 8284-85; June 19, 1979, pp. 15566-68).

      When it is proposed to strike out and insert not one but several
    connected matters, it is not in order to demand a separate vote on each
    of those matters (V, 6124, 6125), as when an amendment in the nature of
    a substitute containing several resolutions is proposed; but after this
    amendment has been agreed to, it is in order to demand a division of the
    original resolution as amended (V, 6127, 6128). When, however, an
    amendment simply adding or inserting is proposed, it is in order to
    divide the amendment (V, 6129-6133). To a motion to strike certain words
    and insert others, a simple motion to strike out the words may not be
    offered as a substitute,

    Sec. 794. Germane amendments.

      * * *  and no motion or
    proposition on a subject different from that under consideration shall
    be admitted under color of amendment.

      This clause was adopted in 1789, and amended in 1822 (V, 5767, 5825).

    [[Page 578]]
    an amendment is equally susceptible to more than one interpretation,
    one of which will render it not germane, the Chair will rule it out of
    order (June 20, 1975, p. 19967).
      It introduced a principle not then known to the general parliamentary
    law (V, 5825), but of high value in the procedure of the House (V,
    5866). Prior to the adoption of rules, when the House is operating under
    general parliamentary law, as modified by the usage and practice of the
    House, an amendment may be subject to the point of order that it is not
    germane to the proposition to which offered (Jan. 3, 1969, p. 23). The
    principle of the rule applies to a proposition by which it is proposed
    to modify the pending bill, and not to a portion of the bill itself (V,
    6929); thus a point of order will not lie that an appropriation in a
    general appropriation bill is not germane to the rest of the bill (Dec.
    16, 1963, p. 24753). In general, an amendment simply striking out words
    already in a bill may not be ruled out as not germane (V, 5805; VIII,
    2918) unless such action would change the scope and meaning of the text
    (VIII, 2917-2921; Mar. 23, 1960, p. 6381); and a pro forma amendment
    ``to strike out the last word'' has been considered germane (July 28,
    1965, p. 18639). While a committee may report a bill or resolution
    embracing different subjects, it is not in order during consideration in
    the House to introduce a new subject by way of amendment (V, 5825). The
    rule that amendments should be germane applies to amendments reported by
    committees (V, 5806), but a resolution providing for consideration of
    the bill with committee amendments may waive points of order (Oct. 10,
    1967, p. 28406), and the point of order under this rule does not apply
    to a special order reported from the Committee on Rules ``self-
    executing'' the adoption in the House of a nongermane amendment to a
    bill, since the amendment is not separately before the House during
    consideration of the special order (Feb. 24, 1993, p. ----; July 27,
    1993, p. ----). A resolution reported from the Committee on Rules
    providing for the consideration of a bill relating to a certain subject
    may be amended neither by an amendment that would substitute the
    consideration of an unrelated proposition (V, 5834-5836; VIII, 2956;
    Sept. 14, 1950, p. 14844) nor an amendment that would permit the
    additional consideration of a non-germane amendment to the bill (May 29,
    1980, pp. 12667-73; Aug. 13, 1982, p. 20972). The Chair will not
    interpret as a point of order under a specific rule of the House, on
    which he must rule, an objection to a substitute as ``narrowing the
    scope'' of a pending amendment, absent some stated or necessarily
    implied reference to the germaneness or other rule (June 25, 1987, p.
    17415). The burden of proof is on the proponent of an amendment to
    establish its germaneness (VIII, 2995), and where

    Sec. 795. Proposition to which amendment must be
    germane.

      Under  the later practice an amendment should be germane to the
    particular paragraph or section to which it is offered (V, 5811-5820;
    VIII, 2922, 2936; Oct. 14, 1971, pp. 36194, 36211; Sept. 19, 1986, p.
    24729), without reference to subject matter of other titles not yet read
    (July 31, 1990, p. ----), and an amendment inserting an additional
    section should be germane to the portion of the bill to which it is
    offered (V, 5822; VIII, 2927, 2931; July 14, 1970, pp. 24033-35), though
    it may be germane to more than one portion of a bill (Mar. 27, 1974, pp.
    8508-09), and when offered as a separate paragraph is not required to be
    germane to the paragraph immediately preceding or following it (VII,
    1162; VIII, 2932-2935).

      While it is a proper test of germaneness that instructions in a motion
    to recommit must be germane to the section of the bill to which offered
    (VIII, 2709), instructions inserting a new title at the end of a bill
    need only be germane to the bill as a whole (Sept. 19, 1986, p. 24769).

      Subject to clause 2(c) of rule XXI (requiring that limitation
    amendments to general appropriation bills be offered at the end of the
    reading of the bill for amendment), an amendment limiting the use of
    funds by a particular agency funded in a general appropriation bill may
    be germane to the paragraph carrying the funds, or to any general
    provisions portion of the bill affecting that agency or all agencies
    funded by the bill (July 16, 1979, p. 18807). However, to a paragraph
    containing funds for an agency but not transferring funds to that
    account from other paragraphs in the bill, an amendment increasing that
    amount by transfer from an account in another paragraph is not germane,
    since affecting budget authority for a different agency not the subject
    of the pending paragraph (July 17, 1985, p. 19436).

      In passing on the germaneness of an amendment, the Chair considers the
    relationship between the amendment and the bill as modified by the
    Committee of the Whole (Apr. 23, 1975, p. 11545; July 8, 1987, p.
    19013).

    [[Page 579]]
    1975, p. 29322; July 11, 1985, pp. 18601-02; Oct. 8, 1985, pp. 26548-
    51). While the heading of the final title of a bill as ``miscellaneous''
    does not thereby permit amendments to that title which are not germane
    thereto, the inclusion of sufficiently diverse provisions in such title
    affecting various provisions in the bill may permit further amendments
    which need only be germane to the bill as a whole (Apr. 10, 1979, pp.
    8034-37).
      An amendment adding a new section to a bill being read by titles must
    be germane to the pending title (Sept. 17, 1975, p. 28925), but where a
    bill is considered as read and open to amendment at any point, an
    amendment must be germane to the bill as a whole and not to a particular
    section (Sept. 29, 1975, p. 30761; Jan. 30, 1986, p. 1052). Where a
    title of a bill is open to amendment at any point, the germaneness of an
    amendment perfecting one section therein depends on its relationship to
    the title as a whole and not merely on its relationship to the one
    section (June 25, 1991, p. ----). An amendment in the form of a new
    title, when offered at the end of a bill containing several diverse
    titles on a general subject, need not be germane to the portion of the
    bill to which offered, it being sufficient that the amendment be germane
    to the bill as a whole in its modified form (Nov. 4, 1971, p. 39267;
    July 2, 1974, p. 22029; Sept. 18,

      Under clause 4 of rule XXVIII, a portion of a conference report
    incorporating part of a Senate amendment in the nature of a substitute
    to a House bill, or incorporating part of a Senate bill that the House
    has amended, must be germane to the bill in the form passed by the
    House; thus where a House-passed bill contained several sections and
    titles amending diverse portions of the Internal Revenue Code relating
    to tax credits, a modified Senate provision adding a new section dealing
    with another tax credit was held germane to the House-passed measure as
    a whole (Speaker Albert, Mar. 26, 1975, p. 8900); but a Senate provision
    in a conference report, on a Senate bill with a House amendment in the
    nature of a substitute, which authorized appointment of a special
    prosecutor for any criminal offenses committed by certain Federal
    officials was held not germane to the bill as passed by the House, which
    related to offenses directly related to official duties and
    responsibilities of Federal officials (Oct. 12, 1978, pp. 36459-61).

      The test of germaneness of an amendment to or a substitute for an
    amendment in the nature of a substitute is its relationship to the
    substitute and not its relationship to the bill to which the amendment
    in the nature of a substitute has been offered (July 19, 1973, p. 24958;
    July 22, 1975, p. 23990; June 1, 1976, pp. 16051-56; July 28, 1982, pp.
    18355-58, 18361), and an amendment to a substitute is not required to
    affect the same page and line numbers as the substitute in order to be
    germane, it being sufficient that the amendment is germane to the
    subject matter of the substitute (Aug. 1, 1979, pp. 21944-47). When an
    amendment in the nature of a substitute is offered at the end of the
    first section of a bill, the test of germaneness is the relationship
    between the amendment and the entire bill, and the germaneness of an
    amendment in the nature of a substitute for a bill is not necessarily
    determined by an incidental portion of the amendment which if offered
    separately might not be germane to the portion of the bill to which
    offered (July 8, 1975, p. 21633).

      The test of germaneness of an amendment offered as a substitute for a
    pending amendment is its relationship to the pending amendment and not
    its relationship to the underlying bill (Feb. 14, 1995, p. ----).

    [[Page 580]]

      An amendment germane to the bill as a whole, but hardly germane to any
    one section, may be offered at an appropriate place with notice of
    motions to strike out the following sections which it would supersede
    (V, 5823; July 29, 1969, p. 21221). Where a perfecting amendment to the
    text is offered pending a vote on a motion to strike out the same text,
    the perfecting amendment must be germane to the text to which offered,
    not to the motion to strike (Oct. 3, 1969, p. 28454).

    Sec. 796. Instructions to committees and amendments
    thereto.

      The  rule that amendments must be germane applies to amendments
    to the instructions in a motion to instruct conferees (VIII, 3230,
    3235), and the test of an amendment to a motion to instruct conferees is
    the relationship of the amendment to the subject matter of the House or
    Senate version of the bill (Deschler-Brown Precedents, vol. 11, ch. 28,
    sec. 28.2). The rule of germaneness similarly applies to the
    instructions in a motion to recommit a bill to a committee of the House,
    as it is not in order to propose as part of a motion to recommit any
    proposition that would not have been germane if proposed as an amendment
    to the bill in the House (V, 5529-5541; VIII, 2708-2712; Mar. 2, 1967,
    p. 5155), and the instructions must be germane to the bill as perfected
    in the House (Mar. 22, 1949, p. 2936; Nov. 19, 1993, p. ----), even
    where the instructions do not propose a direct amendment to the bill but
    merely direct the committee to pursue an unrelated approach (Speaker
    O'Neill, Mar. 2, 1978, p. 5272; July 16, 1991, p. ----) or direct the
    committee not to report the bill back to the House until an unrelated
    contingency occurs (VIII, 2704). Under the same rationale as amendments
    to a motion to instruct conferees, amendments to a motion to recommit to
    a standing committee with instructions must be germane to the subject
    matter of the bill (see V, 6888; VIII, 2711).

      The fact that an amendment is offered in conjunction with a motion to
    recommit a bill with instructions to a standing committee does not
    affect the requirement that the subject matter of the amendment be
    germane and within the jurisdiction of the committee reporting the bill
    (Mar. 2, 1967, p. 5155; July 16, 1991, p. ----).

    [[Page 581]]
    to the House bill (VIII, 3425), but under changes in the rules points
    of order may be made and separate votes demanded on portions of Senate
    amendments and conference reports containing language that would not
    have been germane if offered in the House. Clause 4 of rule XXVIII
    permits points of order against language in a conference report which
    was originally in the Senate bill or amendment and which would not have
    been germane if offered to the House-passed version, and permits a
    separate motion to reject such portion of the conference report if found
    non-germane (Oct. 15, 1986, pp. 31498-99). For purposes of that rule,
    the House-passed version, against which Senate provisions are compared,
    is that finally committed to conference, taking into consideration all
    amendments adopted by the House, including House amendments to Senate
    amendments (July 28, 1983, p. 21401). Clause 5 of rule XXVIII permits
    points of order against motions to concur or concur with amendment in
    non-germane Senate amendments, the stage of disagreement having been
    reached, and, if such points of order are sustained, permits separate
    motions to reject such non-germane matter. Clause 5 of rule XXVIII is
    not applicable to a provision contained in a motion to recede and concur
    with an amendment (the stage of disagreement having been reached) which
    is not contained in any form in the Senate version, the only requirement
    in such circumstances being that the motion as a whole be germane to the
    Senate amendment as a whole under clause 7 of rule XVI (Oct. 4, 1978,
    pp. 33502-06; June 30, 1987, p. 18294).

    Sec. 797. Senate amendments and matter contained in
    conference reports.

      In  the consideration of Senate amendments to a House
    bill an amendment must be germane to the particular Senate amendment to
    which it is offered (V, 6188-6191; VIII, 2936; May 14, 1963, p. 8506;
    Dec. 13, 1980, p. 34097), and it is not sufficient that an amendment to
    a Senate amendment is germane to the original House bill if it is not
    germane to the subject matter of a Senate amendment that merely inserts
    new matter and does not strike out House provisions (V, 6188; VIII,
    2936). But where a Senate amendment proposes to strike out language in a
    House bill, the test of the germaneness of a motion to recede and concur
    with an amendment is the relationship between the language in the motion
    and the provisions in the House bill proposed to be stricken, as well as
    those to be inserted, by the Senate amendment (June 8, 1943, p. 5511;
    June 15, 1943, p. 5899; Dec. 12, 1974, pp. 39272-73). The test of the
    germaneness of an amendment to a motion to concur in a Senate amendment
    with an amendment is the relationship between the amendment and the
    motion, and not between the amendment and the Senate amendment to which
    the motion has been offered (Aug. 3, 1973, the Deschler-Brown
    Precedents, vol. 11, ch. 28, sec. 27.6). Formerly, a Senate amendment
    was not subject to the point of order that it was not germane

    [[Page 582]]
    access to committee hearings and meetings, an amendment to another
    clause of that rule relating to committee staffing was held not germane
    (Mar. 7, 1973, p. 6714). But to an amendment in the nature of a
    substitute comprehensively amending several sections of the Clean Air
    Act with respect to the impact of the shortages of energy resources upon
    standards imposed under that Act, an amendment to another section of
    that Act suspending for a temporary period the authority of the
    Administrator of the E.P.A. to control automobile emissions was held
    germane (Dec. 14, 1973, pp. 41688-89), and to a section of a bill
    prescribing the functions of a new Federal Energy Administration by
    conferring wide discretionary powers upon the Administrator, an
    amendment directing the Administrator to issue preliminary summer
    guidelines for citizen fuel use was held germane as a further
    delineation of those functions (Mar. 6, 1974, pp. 5436-37); however, to
    a title of a bill that only addresses the administrative structure of a
    new department and not its authority to carry out transferred programs,
    an amendment prohibiting the department from withholding funds to carry
    out certain objectives is not germane (June 12, 1979, pp. 14485-86). To
    an amendment authorizing the use of funds for a specific study, an
    amendment naming any program established in the bill for an unrelated
    purpose for a specified Senator was held not germane (Aug. 15, 1986, p.
    22075).

    Sec. 798a. Subject matter as test of
    germaneness.

      An  amendment must relate to the subject matter under
    consideration: to a bill seeking to eliminate wage discrimination based
    on the sex of the employee, an amendment to make the provisions of the
    bill applicable to discrimination based on race was ruled out as not
    germane (July 25, 1962, p. 14778). To a bill establishing an office in
    the Department of the Interior to manage biological information, an
    amendment addressing socioeconomic matters was held not germane (Oct.
    26, 1993, p. ----). To a bill authorizing military assistance to Israel
    and funds for the United Nations Emergency Force in the Middle East, an
    amendment expressing the sense of Congress that the President conduct
    negotiations to obtain a peace treaty in the Middle East and the
    resumption of diplomatic and trade relations between Arab nations and
    the U.S. and Israel was held not germane (Dec. 11, 1973, pp. 40842-43).
    To a concurrent resolution expressing Congressional concern over certain
    domestic policies of a foreign government and urging that government to
    improve those internal problems in order to enhance better relations
    with the United States, amendments expressing the necessity for U.S.
    diplomatic initiatives as a consequence of that foreign government's
    policies are not germane (July 12, 1978, pp. 20500-05). But to a
    proposition directing a feasibility investigation, an amendment
    requiring the submission of legislation to implement that investigation
    is germane (Dec. 14, 1973, pp. 41747-48). To a resolution amending
    several clauses of a rule of the House but confined in its scope to the
    issue of

      An amendment that is germane, not being ``on a subject different from
    that under consideration,'' belongs to a class illustrated by the
    following: To a bill providing for an interoceanic canal by one route,
    an amendment providing for a different route (V, 5909); to a bill
    providing for the reorganization of the Army, an amendment providing for
    the encouragement of marksmanship (V, 5910); to a proposition to create
    a board of inquiry, an amendment specifying when it shall report (V,
    5915); to a bill relating to ``oleomargarine and other imitation dairy
    products,'' an amendment on the subject of ``renovated butter'' (V,
    5919); to a resolution rescinding an order for final adjournment, an
    amendment fixing a new date therefor (V, 5920).

    [[Page 583]]
    purpose of the bill (Aug. 2, 1973, pp. 27673-75; July 8, 1975, p.
    21633; Sept. 29, 1980, pp. 27832-52). But to a bill relating to one
    government agency, an amendment having as its fundamental purpose a
    change in the law relating to another agency was held not germane even
    though it contemplated a consultative role for the agency covered by the
    bill (July 8, 1987, p. 19014).

    Sec. 798b. Fundamental purpose as test of
    germaneness.

      Whether  or not an amendment is germane should be judged from the
    provisions of its text rather than from the motives that circumstances
    may suggest (V, 5783, 5803; Dec. 13, 1973, pp. 41267-69; Aug. 15, 1974,
    pp. 28438-39). Thus an amendment that does relate to the subject matter
    of the bill is not subject to challenge solely on the basis that it may
    be characterized as private legislation benefitting certain individuals,
    offered to a public bill (May 30, 1984, p. 14495). The fundamental
    purpose of an amendment must be germane to the fundamental purpose of
    the bill (VIII, 2911). Thus for a bill proposing to accomplish a result
    by methods comprehensive in scope, a committee amendment in the nature
    of a substitute seeking to achieve the same result was held germane
    where it was shown that additional provisions not contained in the
    original bill were merely incidental conditions or exceptions that were
    related to the fundamental

    [[Page 584]]

      In order to be germane, an amendment must not only have the same end
    as the matter sought to be amended, but must contemplate a method of
    achieving that end that is closely allied to the method encompassed in
    the bill or other matter sought to be amended (Aug. 11, 1970, p. 28165).
    Thus to a proposition to accomplish a result through regulation by a
    governmental agency, an amendment to accomplish the same fundamental
    purpose through regulation by another governmental agency was held
    germane (Dec. 15, 1937, pp. 1572-89; June 9, 1941, p. 4905; Dec. 19,
    1973, pp. 42618-19); to a bill to achieve a certain purpose by
    conferring discretionary authority to set fair labor standards upon an
    independent agency, an amendment in the nature of a substitute to attain
    that purpose by a more inflexible method (prescribing fair labor
    standards) was held germane (Dec. 15, 1937, pp. 1590-94; Oct. 14, 1987,
    p. 27885); to a proposition to accomplish the broad purpose of settling
    land claims of Alaska natives by a method general in scope, an amendment
    accomplishing the same purpose by a method more detailed in its
    provisions was held germane (Oct. 20, 1971, p. 37079); to an amendment
    comprehensively amending the Natural Gas Act to de-regulate interstate
    sales of new natural gas and regulate aspects of intrastate gas use, a
    substitute providing regulatory authority for interstate and intrastate
    gas sales of large producers was held germane (Feb. 4, 1976, p. 2387);
    to a bill providing a temporary extension of existing authority, an
    amendment achieving the same purpose by providing a nominally permanent
    authority was held germane where both the bill and the amendment were
    based on reported economic projections under which either would achieve
    the same, necessarily temporary result by method of direct or indirect
    amendment to the same existing law (May 13, 1987, p. 12344); and to a
    bill subjecting employers who fail to apprise their workers of health
    risks to penalties under other laws and regulations, a substitute
    subjecting such employers to penalties prescribed in the substitute
    itself was held germane (Oct. 14, 1987, p. 27885). To a bill raising
    revenue by several methods of taxation the Committee of the Whole,
    overruling the Chair, held that an amendment proposing a tax on
    undistributed profits was germane (VII, 3042). To an amendment freezing
    the obligation of funds for fiscal year 1996 for missile defense until
    the Secretary of Defense rendered a specified readiness certification,
    an amendment permitting an increase in the obligation of such funds on
    the basis of legislative findings concerning readiness was held germane,
    as each proposition addressed the relationship between 1996 funding
    levels for missile defense and readiness (Feb. 15, 1995, p. ----).

    [[Page 585]]
    representation of the District of Columbia in Congress, with
    instructions that the Committee on the Judiciary consider a resolution
    retroceding populated portions of the District to Maryland, was held not
    germane (Speaker O'Neill, Mar. 2, 1978, p. 5272). To a bill to provide
    financial assistance to domestic agriculture through price support
    payments, an amendment to protect domestic agriculture by restricting
    imports in competition therewith was not germane as proposing an
    unrelated method of assistance within the jurisdiction of another
    committee (Oct. 14, 1981, p. 23899). It is not germane to change a
    direct appropriation of new budget authority from the general fund into
    a reappropriation (in effect a rescission) of funds previously
    appropriated for an entirely different purpose in a special reserve
    account (Feb. 28, 1985, p. 4146). To a proposition changing
    Congressional budget procedures to require consideration of balanced
    budgets, an amendment changing concurrent resolutions on the budget to
    joint resolutions, bringing executive enforcement mechanisms into play,
    was held not germane (July 18, 1990, p. ----).
      However, an amendment to accomplish a similar purpose by an unrelated
    method, not contemplated by the bill, is not germane. Thus, to a bill to
    aid in the control of crime through research and training an amendment
    to accomplish that result through regulation of the sale of firearms was
    held not germane (Aug. 8, 1967, pp. 21846-50); to a bill providing
    relief to foreign countries through government agencies, an amendment
    providing for relief to be made through the International Red Cross was
    held not germane (Dec. 10, 1947, pp. 11242-44); and to a bill conserving
    energy by civil penalties on manufacturers of autos with low gas
    mileage, an amendment conserving energy by tax rebates to purchasers of
    high-mileage autos was held not germane (June 12, 1975, p. 18695). To a
    bill authorizing financial assistance to unemployed individuals for
    employment opportunities, an amendment providing instead for tax
    incentives to stimulate employment was held not germane as employing an
    unrelated method within the jurisdiction of a different committee of the
    House (Sept. 21, 1983, p. 25145); to a bill to promote technological
    advancement by fostering Federal research and development, and amendment
    exhorting to do so by changes in tax and antitrust laws was held not
    germane (July 16, 1991, p. ----); to a bill extending unemployment
    compensation benefits during a period of economic recession, an
    amendment to stimulate economic growth by tax incentives and regulatory
    reform was held not germane (Sept. 17, 1991, p. ----); to an amendment
    to achieve a national production goal for synthetic fuels for national
    defense needs by loans and grants and development of demonstration
    synthetic fuel plants, a substitute to require by regulation that any
    fuel sold in commerce require a certain percentage of synthetic fuels
    was held not germane, as broader in scope and an unrelated method (June
    26, 1979, pp. 16663-74); to a proposition whose fundamental purpose was
    registration and public disclosure by, but not regulation of the
    activities of, lobbyists, amendments prohibiting lobbying in certain
    places, restricting monetary contributions by lobbyists, and providing
    civil penalties for violating rules of the House in relation to floor
    privileges, were held not germane (Sept. 28, 1976, pp. 33070-71), but to
    a similar bill, an amendment requiring disclosure of any lobbying
    communication made on the floor of the House or Senate or in adjoining
    rooms, but not regulating such conduct, was held germane (Apr. 26, 1978,
    pp. 11641-42); to a bill providing assistance to Vietnam war victims,
    amendments containing foreign policy declarations as to culpability in
    the Vietnam war were held not germane (Apr. 23, 1975, p. 11510); to a
    bill authorizing foreign military assistance programs, an amendment
    authorizing contributions to an international agency for nuclear missile
    inspections was held not germane (Mar. 3, 1976, p. 5226); and to a bill
    seeking to accomplish a purpose by one method (creation of an executive
    branch agency), an amendment accomplishing that result by a method not
    contemplated in the bill (creation of office within Legislative Branch
    as function of committee oversight) was ruled not germane (Nov. 5, 1975,
    p. 35041). A motion to recommit a joint resolution, proposing a
    constitutional amendment for

    [[Page 586]]
    transferred to the department is not necessarily germane, where the
    purpose of the authorization is to allow appropriations in general
    appropriation bills for the department to carry out its functions, but
    where changes in the laws to be administered by the department remain
    within the jurisdiction of other committees of the House (June 19, 1979,
    pp. 15570-71). To a bill reported by the Committee on Public Works
    authorizing funds for highway construction and mass transportation
    systems using motor vehicles, an amendment relating to urban mass
    transit (then within the jurisdiction of the Committee on Banking and
    Currency) and the railroad industry (within the jurisdiction of the
    Committee on Interstate and Foreign Commerce) was held not germane (Oct.
    5, 1972, p. 34115). To a bill reported from the Committee on Science and
    Technology authorizing environmental research and development activities
    of an agency, an amendment expressing the sense of Congress with respect
    to that agency's regulatory and enforcement authority, within the
    jurisdiction of the Committee on Energy and Commerce, was held not
    germane (Feb. 9, 1984, p. 2423); to a bill authorizing environmental
    research and development activities of an agency for two years, an
    amendment adding permanent regulatory authority for that agency by
    amending a law not within the jurisdiction of the committee reporting
    the bill was held not germane (June 4, 1987, p. 14757); and to a bill
    addressing various research programs and authorities, an amendment
    addressing matters of fiscal and economic policy and regulation was held
    not germane (July 16, 1991, p. ----; Sept. 22, 1992, pp. ---- and ----).
    To a bill reported from the Committee on Armed Services amending several
    laws within that committee's jurisdiction on military procurement and
    policy, an amendment to the Renegotiation Act, a matter within the
    jurisdiction of the Committee on Banking, Finance and Urban Affairs and
    not solely related to military contracts was held not germane (June 26,
    1985, pp. 17417-19), as was an amendment requiring reports on Soviet
    Union compliance with arms control commitments, a matter exclusively
    within the jurisdiction of the Committee on Foreign Affairs (Deschler-
    Brown Precedents, vol. 10, ch. 28, sec. 4.26). To a bill reported from
    the Committee on Energy and Commerce relating to mentally ill
    individuals, an amendment prohibiting the use of General Revenue Sharing
    funds (within the jurisdiction of the Committee on Government
    Operations) was held not germane (Jan. 30, 1986, p. 1053). To a bill
    reported from the Committee on Merchant Marine and Fisheries authorizing
    various activities of the Coast Guard, an amendment urging the Secretary
    of State in consultation with the Coast Guard to elicit cooperation from
    other nations concerning certain Coast Guard and military operations (a
    matter within the jurisdiction of the Committee on Foreign Affairs) was
    held not germane (July 8, 1987, p. 19013). To a bill reauthorizing
    programs administered by two agencies within one committee's
    jurisdiction, an amendment more general in scope affecting agencies
    within the jurisdiction of other committees is not germane (May 12,
    1994, p. ----).

    [[Page 587]]

    Sec. 798c. Committee jurisdiction as test of
    germaneness.

      An  amendment when considered as a whole should be within the
    jurisdiction of the committee reporting the bill, although committee
    jurisdiction over the subject of an amendment and of the original bill
    is not the exclusive test of germaneness (Aug. 2, 1973, pp. 27673-75),
    and the Chair relates the amendment to the bill in its perfected form
    (Aug. 17, 1972, p. 28913). To a bill reported from the Committee on
    Agriculture providing price support programs for various agricultural
    commodities, an amendment repealing price control authority for all
    commodities under an act reported from the Committee on Banking and
    Currency is not germane (July 19, 1973, pp. 24950-51). To a bill
    reported from the Committee on Ways and Means providing for a temporary
    increase in the public debt ceiling for the current fiscal year (not
    directly amending the Second Liberty Bond Act), an amendment proposing
    permanent changes in that act and also affecting budget and
    appropriation procedures (matters within the jurisdiction of other House
    committees) was held not germane (Nov. 7, 1973, pp. 36240-41). To a bill
    relating to intelligence activities of the Executive Branch, an
    amendment effecting a change in the rules of the House by directing a
    committee to impose an oath of secrecy on its members and staff was held
    not germane (May 1, 1991, p. ----). To a bill reported by the Committee
    on Government Operations creating an executive agency to protect
    consumers, an amendment conferring on Congressional committees with
    oversight over consumer protection the authority to intervene in
    judicial or administrative proceedings (a rule-making provision within
    the jurisdiction of the Committee on Rules) was ruled not germane (Nov.
    6, 1975, p. 35373). Similarly, to a bill reported from the Committee on
    Government Operations creating a new department, transferring the
    administration of existing laws to it and authorizing appropriations to
    carry out the Act subject to provisions in existing law, an amendment
    prohibiting the use of funds so authorized to carry out a designated
    funding program

      Committee jurisdiction is not the sole test of germaneness where the
    proposition to which the amendment is offered is so comprehensive
    (overlapping several committees' jurisdictions) as to diminish the
    pertinency of that test and the amendment as offered does not
    demonstrably affect a law within another committee's jurisdiction (July
    21, 1976, pp. 23167-68; Oct. 8, 1985, pp. 26548-51), or where the
    portion of the bill also contains language, related to the amendment,
    not within the jurisdiction of the committee reporting the bill (Apr. 2,
    1976, p. 9254; Aug. 10, 1984, p. 23975), or where the bill has been
    amended to include matter within the jurisdiction of another committee,
    thus permitting further similar amendments to be germane (July 11, 1985,
    pp. 18601-02), or where if offered as a new final title the bill as a
    whole and as amended contains matters within another committee's
    jurisdiction (Sept. 19, 1986, p. 24769). To a bill reported from the
    Committee on Agriculture relating to the food stamp program, an
    amendment requiring the collection from certain recipients of the money
    value of food stamps received, by the Secretary of the Treasury after
    consultation with the Secretary of Agriculture, was held germane since
    the performance of new duties by the Secretary of the Treasury and by
    the Internal Revenue Service that do not affect the application of the
    Internal Revenue Code, is not a matter solely within the jurisdiction of
    the Committee on Ways and Means (July 27, 1977, pp. 25249-52).

    [[Page 588]]
    ity of mortgage interest), a matter within the jurisdiction of the
    Committee on Ways and Means, was held not germane (Aug. 1, 1990, p. ----
    ).
      But committee jurisdiction is a relevant test where the pending text
    is entirely within one committee's jurisdiction and where the amendment
    falls within another committee's purview (Jan. 29, 1976, p. 1582; July
    25, 1979, pp. 20601-03; June 27, 1985, pp. 17417-19). Thus to a bill
    reported from the Committee on Armed Services authorizing military
    procurement and personnel strengths for one fiscal year, a proposition
    imposing permanent prohibitions and conditions on troop withdrawals from
    the Republic of Korea was held not germane since proposing permanent law
    to a one-year authorization and including statements of policy within
    the jurisdiction of the Committee on Foreign Affairs (May 24, 1978, pp.
    15293-95); and to a bill reported from the Committee on Interior and
    Insular Affairs designating certain areas in a State as wilderness, an
    amendment providing unemployment benefits to workers displaced by the
    designation was held not germane (Mar. 21, 1983, p. 6347); to a bill
    reported from the Committee on Education and Labor dealing with
    education, an amendment regulating telephone communications (a matter
    within the jurisdiction of the Committee on Energy and Commerce) was
    held not germane (Apr. 19, 1988, p. 7355); to a bill reported from the
    Committee on Education and Labor authorizing a variety of civilian
    national service programs, an amendment establishing a contingent
    military service obligation (a matter within the selective service
    jurisdiction of the Committee on Armed Services) was held not germane
    (July 28, 1993, p. ----); and to a bill reported by the Committee on
    Banking, Finance and Urban Affairs dealing with housing and community
    development grant and credit programs, an amendment expressing the sense
    of Congress on tax policy (the deductibil

      In a conference report on a House bill reported from the Committee on
    Public Works and Transportation, authorizing funds for local public
    works employment, a Senate amendment to mandate expenditure of already
    appropriated funds (as a purported disapproval of deferral of such funds
    under the Impoundment Control Act) and to set discount rates for
    reclamation and public works projects, subjects within the jurisdictions
    of the Committees on Appropriations and Interior and Insular Affairs,
    was held not germane (Speaker O'Neill, May 3, 1977, pp. 13242-43).

      To a bill amending an existing law to grant to merchant mariners
    benefits ``substantially equivalent to'' those granted to veterans in a
    separate law in the jurisdiction of another committee, an amendment
    directly changing the separate law to extend its benefits to merchant
    mariners was held not germane (Sept. 9, 1992, p. ----); but where the
    pending bill incorporates by reference provisions of a law from another
    committee and conditions the bill's effectiveness upon actions taken
    pursuant to a section of that law, an amendment to alter that section of
    the law may be germane (Apr. 8, 1974, pp. 10108-10).

      The test of the germaneness of an amendment in the nature of a
    substitute for a bill is its relationship to the bill as a whole, and is
    not necessarily determined by the content of an incidental portion of
    the amendment which, if considered separately, might be within the
    jurisdiction of another committee (Aug. 2, 1973, p. 27673; June 1, 1976,
    pp. 16021-25). However, the House may by adopting a special rule allow a
    point of order that a section of a committee amendment in the nature of
    a substitute would not have been germane if offered separately to the
    bill as introduced (May 23 and 24, 1978, pp. 15094-96 and 15293-95; Aug.
    11, 1978, p. 25705).

      The fact that an amendment is offered in conjunction with a motion to
    recommit a bill with instructions does not affect the requirement that
    the subject matter of the amendment be germane and within the
    jurisdiction of the committee reporting the bill (Mar. 2, 1967, p.
    5155). Thus, to a bill reported from the Committee on Foreign Affairs
    addressing U.S. claims against Iraq, a motion to recommit with
    instructions to prohibit the admission of former members of Iraq's armed
    forces to the United States as refugees (a matter within the
    jurisdiction of the Committee on the Judiciary) is not germane (Apr. 28,
    1994, p. ----).

    [[Page 589]]
    relating to commerce between the States, an amendment relating to
    commerce within the several States (V, 5841); to a proposition to
    relieve destitute citizens of the United States in Cuba, a proposition
    declaring a state of war in Cuba and proclaiming neutrality (V, 5897);
    to a proposition for the appointment of a select committee to
    investigate a certain subject, an amendment proposing an inquiry of the
    Executive on that subject (V, 5891); to a bill granting a right of way
    to a railroad, an amendment providing for the purchase of the railroad
    by the Government (V, 5887); to a provision for the erection of a
    building for a mint, an amendment to change the coinage laws (V, 5884);
    to a resolution proposing expulsion, an amendment proposing censure (VI,
    236); to a resolution authorizing the administration of the oath to a
    Member-elect, an amendment authorizing such oath administration but
    adding several conditions of punishment predicated on acts committed in
    a prior Congress (Jan. 3, 1969, pp. 23-25); to a general tariff bill, an
    amendment creating a tariff board (Chairman Garrett of Tennessee, May 6,
    1913, p. 1234; also Speaker Clark, May 8, 1913, p. 1381); to a
    proposition to sell two battleships and build a new battleship with the
    proceeds, a proposition to devote the proceeds to building wagon roads
    (VIII, 2973).

    Sec. 798d. Various tests of germaneness are not
    exclusive.

      The  standards by which the germaneness of an amendment may be
    measured, as set forth in Secs. 798a-c, supra, are not exclusive; an
    amendment and the matter to which offered may be related to some degree
    under the tests of subject matter, purpose, and jurisdiction, and still
    not be considered germane under the precedents. Thus, the following have
    been held not to be germane: To a proposition relating to the terms of
    Senators, an amendment changing the manner of their election (V, 5882);
    to a bill

    [[Page 590]]
    for the relief of other persons who are not aliens (May 14, 1975, p.
    14360); to a bill providing relief for agricultural producers, an
    amendment extending such relief to commercial fishermen, another class
    within the jurisdiction of another committee (Apr. 24, 1978, pp. 11080-
    81); to a bill governing the political activities of federal civilian
    employees, an amendment to cover members of the uniformed services (June
    7, 1977, pp. 17713-14); to a bill covering the civil service system for
    federal civilian employees, an amendment bringing other classes of
    employees (postal and District of Columbia employees) within the scope
    of the bill (Sept. 7, 1978, pp. 28437-39; Oct. 9, 1985, pp. 26951-54);
    to a portion of an appropriation bill containing funds for a certain
    purpose to be expended by one agency, an amendment containing funds for
    another agency for the same purpose (July 24, 1981, p. 17226); to an
    amendment exempting national defense budget authority from the reach of
    a proposed Presidential rescission authority, an amendment exempting
    social security (Feb. 2, 1995, p. ----); to a Senate amendment striking
    an earmarking from an appropriation bill, a House amendment reinserting
    part of the amount but adding other earmarking for unrelated programs
    (Nov. 15, 1989, p. 29019); to a Senate amendment relating to a
    feasibility study of a land transfer in one state, a House amendment
    requiring an environmental study of land in another state (Nov. 15,
    1989, p. 29035); to a bill prohibiting certain uses of polygraphy in the
    private sector, an amendment applying the terms of the bill to the
    Congress (Nov. 4, 1987, p. 30870); to a bill to determine the
    equitability of federal pay practices under statutory systems applicable
    to agencies of the executive branch, an amendment to extend the scope of
    the determination to pay practices in the legislative branch (ruling
    sustained by Committee of Whole, Sept. 28, 1988, p. 26422); to a special
    appropriation bill providing funds and authority for agricultural credit
    programs but containing no transfers of funds, reappropriations, or
    rescissions, an amendment (contained in a motion to recommit) deriving
    funds for the bill by transfer of unobligated balances in the Energy
    Security Reserve and thus decreasing and transferring funds provided for
    a program unrelated to the subject matter or method of funding provided
    in the bill (Feb. 28, 1985, p. 4146); to a bill prohibiting importation
    of goods ``made in whole or in part by convict, pauper, or detained
    labor, or made in whole or in part from materials that have been made in
    whole or in part in any manner manipulated by convict or prison labor,''
    an amendment prohibiting importation of goods produced by child labor, a
    second discrete class (VIII, 2963); similarly, to an amendment
    authorizing grants to states for purchase of one class of equipment
    (photographic and fingerprint equipment) for law enforcement purposes,
    an amendment including assistance for the purchase of a different class
    of equipment (bulletproof vests) (Oct. 12, 1979, pp. 28121-24); to a
    bill repealing section 14(b) of the National Labor Relations Act and
    making conforming changes in two related sections of labor law--all
    pertaining solely to the so-called ``right-to-work'' issue--an amendment
    excluding from the applicability of certain labor-management agreements

    [[Page 591]]
    members of religious groups (July 28, 1965, p. 18633); to a bill
    relating to the design of certain coin currency, an amendment specifying
    the metal content of other coin currency (Sept. 12, 1973, pp. 29376-77);
    to a proposition to accomplish a single purpose without amending a
    certain existing law, an amendment to accomplish another individual
    purpose by changing that existing law (Dec. 14, 1973, pp. 41723-25); to
    a bill regulating poll closing time in Presidential general elections,
    an amendment extending its provisions to Presidential primary elections
    (Jan. 29, 1986, p. 684); to a bill authorizing grants to private
    entities furnishing health care to underserved populations, an amendment
    authorizing grants to States to control a public health hazard was held
    not germane as relating to a different category of recipient (Mar. 5,
    1986, p. 3604); and to a bill siting a certain type of repository for a
    specified kind of nuclear waste, an amendment prohibiting the
    construction at another site of another type of repository for another
    kind of nuclear waste (July 21, 1992, p. ----).

    Sec. 798e. One individual proposition not germane to
    another.

      One  individual proposition may not be amended by another
    individual proposition even though the two belong to the same class
    (VIII, 2951-2953, 2963-2966, 3047; Jan. 29, 1986, p. 684; Oct. 22, 1990,
    p. ----; Oct. 24, 1991, p. ----). Thus, the following are not germane:
    To a bill proposing the admission of one Territory into the Union, an
    amendment for admission of another Territory (V, 5529); to a bill
    amending a law in one particular, amending the law in another particular
    (VIII, 2949); to a proposition to appropriate or to authorize
    appropriations for only one year (and containing no provisions extending
    beyond that year), an amendment to extend the authorization or
    appropriation to another year (VIII, 2913; Nov. 13, 1980, pp. 29523-28;
    see also May 2, 1979, p. 9564; Oct. 12, 1979, pp. 28097-99); to a
    measure earmaking funds in an appropriation bill, an amendment
    authorizing the program for which the appropriation is made (Nov. 15,
    1989, p. 29019); to a bill for the relief of one individual, an
    amendment proposing similar relief for another (V, 5826-5829); to a
    resolution providing a special order for one bill, an amendment to
    include another bill (V, 5834-5836); to a provision for extermination of
    the cotton-boll weevil, an amendment including the gypsy moth (V, 5832);
    to a provision for a clerk for one committee, an amendment for a clerk
    to another committee (V, 5833); to a Senate amendment dealing with use
    of its contingent fund for art restoration in that body, a proposed
    House amendment for use of the House contingent fund for a similar but
    broader purpose (May 24, 1990, p. 12203); to a bill prohibiting
    transportation of messages relative to dealing in cotton futures, an
    amendment adding wheat, corn, etc. (VIII, 3001); to a bill prohibiting
    cotton futures, an amendment prohibiting wheat futures (VIII, 3001); to
    a bill for the relief of certain aliens, an amendment

    [[Page 592]]

    Sec. 798f. A general provision not germane to a specific
    subject.

      A  specific subject may not be amended by a provision general in
    nature, even when of the class of the specific subject (V, 5843-5846;
    VIII, 2997, 2998; July 31, 1985, pp. 21832-34; see also Procedure, ch.
    28, sec. 8). Thus the following are not germane: To a bill for the
    admission of one Territory into the Union, an amendment providing for
    the admission of several other Territories (V, 5837); to a bill relating
    to all corporations engaged in interstate commerce, an amendment
    relating to all corporations (V, 5842); to a bill modifying an existing
    law as to one specific particular, an amendment relating to the terms of
    the law other than those dealt with by the bill (V, 5806-5808); to a
    bill amending an existing law in one particular, an amendment amending
    other laws and more comprehensive in scope (Nov. 19, 1993, pp. ----, --
    --, ----); to an amendment addressing particular educational
    requirements imposed on educational agencies by the underlying bill, an
    amendment addressing any requirements imposed on educational agencies by
    the underlying bill (Mar. 21, 1994, p. ----); to a bill reauthorizing
    programs administered by the Economic Development Administration and the
    Appalachian Regional Commission, an amendment providing for the waiver
    of any Federal regulation that would interfere with economic development
    (May 12, 1994, p. ----); to a bill amending the war-time prohibition act
    in one particular, an amendment repealing that act (VIII, 2949); to a
    bill proscribing certain picketing in the District of Columbia, an
    amendment making the provisions thereof applicable throughout the United
    States (Aug. 22, 1966, p. 20113); to a bill dealing with enforcement of
    United Nations sanctions against one country in relation to a specific
    trade commodity, an amendment imposing United States sanctions against
    all countries for all commodities and communications (Mar. 14, 1977, pp.
    7446-47); and to a bill authorizing funds for radio broadcasting to
    Cuba, an amendment broadening the bill to include broadcasting to all
    Dictatorships in the Caribbean Basin (Aug. 10, 1982, pp. 20256, 20257).

      A bill dealing with an individual proposition but rendered general in
    its scope by amendment is then subject to further amendment by
    propositions of the same class (VIII, 3003). While a specific
    proposition covering a defined class may not be amended by a proposition
    more general in scope, the Chair may consider all pending provisions
    being read for amendment in determining the generality of the class
    covered by that proposition (Jan. 30, 1986, p. 1051).

    [[Page 593]]
    To a bill relating to aircraft altitude over units of the national park
    system, an amendment relating to aircraft collision avoidance generally
    is not germane (Sept. 18, 1986, p. 24084). To a Senate amendment
    prohibiting the use of funds appropriated for a fiscal year for a
    specified purpose, a proposed House amendment prohibiting the use of
    funds appropriated for that or any prior fiscal year for an unrelated
    purpose is not germane (June 30, 1987, p. 18294). To a Senate amendment
    raising an employment ceiling for one year, a House amendment proposing
    also to address in permanent law a hiring preference system for such
    employees is not germane (Oct. 11, 1989, p. 24089). To a Senate
    amendment providing for a training vessel for one state maritime
    academy, a proposed House amendment relating to training vessels for all
    state maritime academies is not germane (June 30, 1987, p. 18296). To a
    bill amending an existing law to authorize a program, an amendment
    restricting authorizations under that or any other act is beyond the
    scope of the bill and not germane (Dec. 10, 1987, p. 34676). To a
    proposition waiving a requirement in existing law that an authorizing
    law be enacted prior to the obligation of certain funds, an amendment
    affirmatively enacting bills containing not only that authorization but
    also other policy matters is not germane as beyond the issue of funding
    availability (Sept. 28, 1988, p. 26108). To a proposition pertaining
    only to a certain appropriation account in a bill, an amendment relating
    not only to that account but also to funds in other acts is more general
    in scope and therefore not germane (Sept. 30, 1988, p. 27148). To an
    omnibus farm bill, with myriad programs to improve agricultural economy,
    an amendment to the Animal Welfare Act but not limited to agricultural
    pursuits was held not germane (Aug. 1, 1990, p. ----).
      To a bill limited in its applicability to certain departments and
    agencies of government, an amendment applicable to all departments and
    agencies is not germane (Sept. 27, 1967, p. 26957). Thus, to a bill
    establishing an office without regulatory authority in the Department of
    the Interior to manage biological information, an amendment addressing
    requirements of compensation for Constitutional takings by other
    regulatory agencies was held not germane (Oct. 26, 1993, p. ----); and
    to a bill amending an authority of an agency under an existing law, an
    amendment independently expressing the sense of Congress on regulatory
    agencies generally was held not germane (May 14, 1992, p. ----). To a
    proposition authorizing activities of certain government agencies for a
    temporary period, an amendment permanently changing existing law to
    cover a broader range of government activities is not germane (May 5,
    1988, p. 9938), and to a bill proposing a temporary change in law, an
    amendment making permanent changes in that law is not germane (Nov. 19,
    1991, p. ----). To a proposition temporarily suspending certain
    requirements of the Clean Air Act, an amendment temporarily suspending
    other requirements of all other environmental protection laws was held
    not germane (Dec. 14, 1973, pp. 41751-52). To a joint resolution
    proposing an amendment to the Constitution prohibiting the U.S. or any
    state from denying persons 18 years of age or older the right to vote,
    an amendment requiring the U.S. and all states to treat persons 18 years
    and older as having reached the age of majority for all purposes under
    the law was ruled out as not germane (Mar. 23, 1971, p. 7567). To a bill
    authorizing Federal funding for qualifying State national service
    programs, an amendment conditioning a portion of such funding on the
    enactment of State laws immunizing volunteers in nonprofit or public
    programs, generally, from certain legal liabilities was held not germane
    (July 28, 1993, p. ----). To a bill to enable the Department of HEW to
    investigate and prosecute fraud and abuse in medicare and medicaid
    health programs, a committee amendment to prohibit any officer or
    employee from disclosing any identifiable medical record absent patient
    approval was held not germane (Sept. 23, 1977, pp. 30534-35). To an
    amendment to a budget resolution changing one functional category only,
    an amendment changing several other categories as well as that category,
    and covering an additional fiscal year, is not germane (May 2, 1979, pp.
    9556-64). For an amendment striking from a bill one activity from those
    covered by the law being amended, a substitute striking out the entire
    subsection of the bill, thereby eliminating the applicability of
    existing law to a number of activities, is not germane (Sept. 23, 1982,
    pp. 24963-64).

    [[Page 594]]
    ual was held not to be germane (V, 5848-5849). To a proposition
    relating in many diverse respects to the political rights of the people
    of the District of Columbia, an amendment conferring upon that
    electorate the additional right of electing a nonvoting Delegate to the
    Senate was held germane (Oct. 10, 1973, pp. 33656-57). To a bill
    bringing two new categories within the coverage of existing law, an
    amendment to include a third category of the same class was held germane
    (Nov. 27, 1967, p. 33769). To a bill containing definitions of several
    of the terms used therein, an amendment modifying one of the definitions
    and adding another may be germane (Sept. 26, 1967, p. 26878). To a bill
    authorizing a broad program of research and development, an amendment
    directing specific emphasis in the administration of the program is
    germane (Dec. 19, 1973, p. 42607). To a bill providing for investigation
    of relationships between environmental pollution and cancer, an
    amendment to investigate the impact of personal health habits, as
    cigarette smoking, on that relationship was held germane (Sept. 15,
    1976, pp. 30496-98). To a supplemental appropriation bill containing
    funds for several departments and agencies, an amendment in the form of
    a new chapter providing funds for capital outlays for subway
    construction in the District of Columbia was held germane (May 11, 1971,
    p. 14437). To a proposal authorizing military procurement, including
    purchase of food supplies, an amendment authorizing establishment that
    fiscal year of a military preparedness grain reserve was held germane as
    a more specific authorization (July 20, 1982, pp. 17073, 17074, 17092,
    17093). To a Senate amendment providing for prepayment of loans by those
    within a certain class of borrowers who meet a specified criterion, a
    proposed House amendment eliminating the criterion to broaden the
    applicability of the Senate amendment to additional borrowers within the
    same class was held germane (June 30, 1987, p. 18308). To an amendment
    addressing a range of criminal prohibitions, an amendment addressing
    another criminal prohibition within that range was held germane (Oct.
    17, 1991, p. ----).

    Sec. 798g. Specific subjects germane to general propositions
    of the class.

      A  general subject may be amended by specific propositions
    of the same class (VIII, 3002, 3009, 3012; see also Procedure, ch. 28,
    sec. 9). Thus, the following have been held to be germane: To a bill
    admitting several Territories into the Union, an amendment adding
    another Territory (V, 5838); to a bill providing for the construction of
    buildings in each of two cities, an amendment providing for similar
    buildings in several other cities (V, 5840); to a resolution embodying
    two distinct phases of international relationship, an amendment
    embodying a third (V, 5839); and to an amendment prohibiting indirect
    assistance to several countries, an amendment to include additional
    countries within that prohibition (Aug. 3, 1978, p. 24244); to a portion
    of a bill providing two categories of economic assistance to foreign
    countries, an amendment adding a further specific category is germane
    (Apr. 9, 1979, pp. 7755-57). And where a bill seeks to accomplish a
    general purpose (support of arts and humanities) by diverse methods, an
    amendment that adds a specific method to accomplish that result (artist
    employment through National Endowment for Arts) may be germane (Apr. 26,
    1976, p. 11101; see also June 12, 1979, p. 14460). But to a resolution
    authorizing a class of employees in the service of the House, an
    amendment providing for the employment of a specified individ

    [[Page 595]]
    ent of federal assistance (a class not necessarily covered by the class
    covered by the bill), were ruled not to be germane (June 26, 1984, pp.
    18847, 18857, and 18861). But to the same bill, an amendment merely
    defining a word used in the bill was held germane (June 26, 1984, p.
    18865). Unless a bill so extensively amends existing law as to open up
    the entire law to amendment, the germaneness of an amendment to the bill
    depends on its relationship to the subject of the bill and not to the
    entire law being amended (Oct. 28, 1975, p. 34031). But a bill amending
    several sections of an existing law may be sufficiently broad to permit
    amendments that are germane to other sections of that law not mentioned
    in the bill (Feb. 19, 1975, p. 3596; Sept. 14, 1978, pp. 29487-88). To a
    bill continuing and re-enacting an existing law amendments germane to
    the existing act sought to be continued have been held germane to the
    pending bill (VIII, 2940, 2941, 2950, 3028; Oct. 31, 1963, p. 20728;
    June 1, 1976, pp. 16045-46); but where a bill merely extends an
    official's authority under existing law, an amendment permanently
    amending that law has been held not in order (Sept. 29, 1969, pp. 27341-
    43). Thus where a bill authorized appropriations to an agency for one
    year but did not amend the organic law by extending the existence of
    that agency, an amendment extending the life of another entity mentioned
    in the organic law was held not germane (May 20, 1976, pp. 14912-13). An
    amendment making permanent changes in the law relating to organization
    of an agency is not germane to a title of a bill only authorizing
    appropriations for such agency for one fiscal year (Nov. 29, 1979, p.
    34090); to a general appropriation bill providing funds for one fiscal
    year, an amendment changing a permanent appropriation in existing law
    and changing Congressional procedures for consideration of that general
    appropriation bill in future years is more general in scope and in part
    within the jurisdiction of the Committee on Rules and therefore is not
    germane (June 29, 1987, p. 18083); and to a temporary authorization bill
    prescribing the use of an agency's funds for two years but not amending
    permanent law, an amendment permanently changing the organic law
    governing that agency's operations is not germane (Dec. 2, 1982, pp.
    28537-38, concerning Sept. 28, 1982, p. 25465). However, to a bill
    authorizing appropriations for a department for one fiscal year, where
    the effect of the department's activities pursuant to that authorization
    may extend beyond such year, an amendment directing a specific use of
    those funds to perform an activity that may not be completed within the
    fiscal year was nevertheless germane, since limited to funds in the bill
    (Oct. 18, 1979, pp. 28763-64). Similarly, to a one-year authorization
    bill containing diverse limitations and directions to the agency in
    question during such year, an amendment further directing the agency to
    obtain information from the private sector, and to make such information
    public during such year, was held germane (Oct. 18, 1979, pp. 28815-17).
    While an amendment making a permanent change in existing law has been
    held not germane to a bill proposing a temporary change in that law,
    where it is apparent that the fundamental purpose of the amendment is to
    have only temporary effect

    [[Page 596]]
    and to accomplish the same result as the bill it may be germane. Thus
    to a bill providing a temporary extension of existing authority, an
    amendment achieving the same purpose by providing a nominally permanent
    authority was held germane where both the bill and the amendment were
    based on reported economic projections under which either would achieve
    the same, necessarily temporary result by method of direct or indirect
    amendment to the same existing law (May 13, 1987, p. 12344). However, to
    a proposal continuing the availability of appropriated funds and also
    imposing diverse legislative conditions upon the availability of
    appropriations, an amendment directly and permanently changing existing
    law as to the eligibility of recipients of funds was held to be
    nongermane (Dec. 10, 1981, pp. 30536-38). To a bill extending an
    existing law in modified form, an amendment proposing further
    modification of that law may be germane (Apr. 23, 1969, p. 10067; Feb.
    19, 1975, p. 3596). But to a bill amending a law in one particular, an
    amendment repealing the law is not germane (Jan. 14, 1964, p. 423). To a
    bill amending a general law in several particulars, an amendment
    providing for the repeal of the whole law was held germane (V, 5824),
    but the bill amending the law must so vitally affect the whole law as to
    bring the entire act under consideration before the Chair will hold an
    amendment repealing the law or amending any section of the law germane
    to the bill (VIII, 2944; Apr. 2, 1924, p. 5437). Where a bill repeals a
    provision of law, an amendment modifying that provision rather than
    repealing it may be germane (Oct. 30, 1969, p. 32466); but the
    modification must relate to the provision of law being repealed (July
    28, 1965, p. 18636). Generally to a bill amending one existing law, an
    amendment changing the provisions of another law or prohibiting
    assistance under any other law is not germane (May 11, 1976, p. 13419;
    Aug. 12, 1992, p. ----). To a bill amending the Bretton Woods Act in
    relation to the International Monetary Fund, an amendment prohibiting
    the alienation of gold to the IMF or to any other international
    organization or its agents was held not germane (July 27, 1976, pp.
    24040-41). However, to a bill comprehensively amending several laws
    within the same class, an amendment further amending one of those laws
    on a subject within that class is germane (May 12, 1976, p. 13530); and
    to a bill authorizing funding for the intelligence community for one
    fiscal year and making diverse changes in permanent laws relating
    thereto, an amendment changing another permanent law to address
    accountability for intelligence activites was held germane (Oct. 17,
    1990, p. ----). To a title of a bill dealing with a number of unrelated
    authorities of the Secretary of Agriculture, an amendment amending
    another act within the jurisdiction of the Committee on Agriculture to
    require the adoption of a minimum standard for the contents of ice cream
    was held germane since restricted to the authority of the Secretary of
    Agriculture (July 22, 1977, pp. 24558-70). But to a section of a bill
    amending a section of the National Labor Relations Act dealing with
    procedural rules governing labor elections and organizations, an
    amendment changing the same section of law to require promulgation

    [[Page 597]]
    of rules defining certain conduct as an unfair labor practice was held
    not germane, where neither the pending section nor the bill itself
    addressed the subject of unfair labor practices dealt with in another
    section of the law (Oct. 5, 1977, pp. 32507-08). To a bill narrowly
    amending one subsection of existing law dealing with one specific
    criminal activity, an amendment postponing the effective date of the
    entire section, affecting other criminal provisions and classes of
    persons as well as the one amended by the bill, or an amendment to
    another subsection of the law dealing with a related but separate
    prohibition was held not germane (May 16, 1979, pp. 11470-72), but to an
    amendment adding sundry punitive sections to the Federal criminal code,
    an amendment creating an exception to the prohibition of another such
    section was held germane (Oct. 17, 1991, p. ----).

    Sec. 799. Amendments to bills amending existing law.

      To  a
    bill amending a general law on a specific point an amendment relating to
    the terms of the law rather than to those of the bill was ruled not to
    be germane (V, 5808; VIII, 2707, 2708); thus a bill amending several
    sections of one title of the United States Code does not necessarily
    bring the entire title under consideration so as to permit an amendment
    to any portion thereof (Oct. 11, 1967, p. 28649), and where a bill
    amends existing law in one narrrow particular, an amendment proposing to
    modify such existing law in other particulars will generally be ruled
    out as not germane (Aug. 16, 1967, p. 22768; VIII, 2709, 2839, 3013,
    3031; May 12, 1976, p. 13532). To a bill narrowly amending an anti-
    discrimination provision in the Education Amendments of 1972 only to
    clarify the definition of a discriminating entity subject to the
    statutory penalties (denial of federal funding), amendments re-defining
    a class of discrimination (sex), expanding the definition of persons who
    are the subject of discrimination (to include the unborn), and deeming a
    new entity (Congress) to be a recipi

    [[Page 598]]
    by the bill may be germane, so long as not amending a rule of the House
    (June 11, 1991, p. ----). To a title of a bill limiting in several
    respects an official's authority to construe legal authorities
    transferred to him in the bill, an amendment further restricting his
    authority to construe under any circumstances certain other laws to be
    administered by him was held germane as an additional, although more
    restrictive, curtailment of existing authorities transferred by the bill
    (June 11, 1979, pp. 14226-38).

    Sec. 800. Amendments imposing conditions,
    qualifications, and limitations.

      Restrictions,  qualifications, and limitations
    sought to be added by way of amendment must be germane to the provisions
    of the bill. Thus, to a bill authorizing the funding of a variety of
    programs that satisfy several stated requirements, in order to
    accomplish a general purpose, an amendment conditioning the availability
    of those funds upon implementation by their recipients of another
    program related to that general purpose is germane (June 18, 1973, pp.
    20100-01); an amendment delaying operation of a proposed enactment
    pending an ascertainment of a fact is germane when the fact to be
    ascertained relates solely to the subject matter of the bill (VIII,
    3029; Dec. 15, 1982, pp. 30957-61); to a bill authorizing funds for
    military procurement and construction, an amendment declaring that none
    of the funds be used to carry out military operations in North Vietnam
    was held germane (Mar. 2, 1967, p. 5143). To a bill authorizing the
    insurance of vessels, an amendment denying such insurance to vessels
    charging exorbitant rates is germane (VIII, 3023), and to a bill
    authorizing changes in railroad rates, an amendment is germane which
    provides that such changes shall not include increases in rates (VIII,
    3022). To a bill authorizing humanitarian and evacuation assistance to
    war refugees, an amendment making such authorization contingent on a
    report to Congress on costs of a portion of the evacuation program (but
    not requiring implementation of any new program) is germane (Apr. 23,
    1975, p. 11529), and to a bill authorizing an agency to undertake
    certain activities, an amendment allowing Congress to disapprove
    regulations issued pursuant thereto is a germane restriction if the
    disapproval mechanism does not amend the rules or procedures of the
    House (May 4, 1976, p. 12348). An amendment proposing changes in the
    rules of the House by providing a privileged procedure for expedited
    review of an agency's regulations is not germane to a proposition not
    containing such changes (Aug. 13, 1982, pp. 20969, 20975-78); to a bill
    directing the furnishing of certain intelligence information to the
    House but not amending any House procedure, an amendment imposing
    relevant conditions of security on the handling of such information in
    committee for the period covered

    [[Page 599]]
    funds (July 26, 1973, p. 26210). Similarly, to a bill authorizing
    certain housing programs, an amendment restricting the amounts of direct
    spending in the bill to the levels set in the concurrent resolution on
    the budget was held germane as merely a measure of availability of funds
    in the bill and not a provision directly affecting the Congressional
    budget process (June 11, 1987, p. 15540).
      But it is not in order to amend a bill to delay the effectiveness of
    the legislation pending an unrelated contingency (VIII, 3035, 3037),
    such as the enactment of state legislation (June 29, 1967, p. 17921;
    July 28, 1993, p. ----). Thus an amendment delaying the bill's
    effectiveness or availability of authorizations pending unrelated
    determinations involving agencies and committee jurisdictions not within
    the purview of the bill is not germane (Feb. 7, 1973, pp. 3708-09; July
    8 and 9, 1981, p. 15010 and p. 15218), and to a bill authorizing
    military assistance to Israel and funds for a U.N. Emergency Force in
    the Middle East, an amendment postponing the availability of funds to
    Israel until the President certifies the existence of a designated level
    of domestic energy supplies is not germane (Dec. 11, 1973, p. 40837). An
    amendment conditioning the availability of funds to certain recipients
    based upon their compliance with Federal law not otherwise applicable to
    them and within the jurisdiction of other House committees may be ruled
    out as not germane (conditioning defense funds for procurement contracts
    with foreign contractors on their compliance with domestic law regarding
    discrimination) (June 16, 1983, p. 16060). An amendment delaying the
    availability of an appropriation pending the enactment of certain
    revenue legislation into law is an unrelated contingency and is not
    germane (Oct. 25, 1979, pp. 29639-40). An amendment conditioning the use
    of funds on the conduct of Congressional hearings addressing an
    unrelated subject is not germane (July 22, 1994, p. ----). However, an
    amendment to an authorization bill that conditions the expenditure of
    funds covered by the bill by restricting their availability during
    months in which there is an increase in the public debt may be germane
    as long as the amendment does not directly affect other provisions of
    law or impose contingencies predicated upon other unrelated actions of
    Congress (Sept. 25, 1979, pp. 26150-52); an amendment proposing a
    conditional restriction on the availability of funds to carry out an
    activity, that merely requires observation of similar activities of
    another country, which similar conduct already constitutes the policy
    basis for the funding of that governmental activity, may be germane as a
    related contingency (May 16, 1984, p. 12510); and an amendment
    restricting the payment of Federal funds in a bill to States that enact
    certain laws relating to the activities being funded may be germane
    (July 28, 1993, p. ----). Likewise, an amendment that conditions the
    obligation or expenditure of funds authorized in the bill by adopting as
    a measure of their availability the expenditure during the fiscal year
    of a comparable percentage of funds authorized by other acts is germane
    as long as the amendment does not directly affect the use of other

      To a bill requiring that a certain percentage of autos sold in the
    U.S. be manufactured domestically, and imposing an import restriction
    for autos on persons violating that requirement, an amendment waiving
    those restrictions with respect to a foreign nation where the President
    has issued a proclamation that that nation is not imposing unfair import
    restrictions on any U.S. product was held to be a non-germane and
    unrelated contingency, dealing with overall trade issues rather than
    domestic content requirement for autos sold in the U.S. (Nov. 2, 1983,
    p. 30776). But an amendment to the same bill prohibiting its
    implementation if resulting in U.S. violation to resolve conflicts under
    those agreements, was held germane since the bill already
    comprehensively addressed those subject matters by ``disclaiming'' any
    purpose to amend international agreements or to confer court
    jurisdiction relative thereto, and by conferring court jurisdiction over
    adjudication of penalties assessed under the bill (Nov. 2, 1983, p.
    30546).

      To a bill regulating immigration, an amendment providing that the
    operation of the act should not conflict with an agreement with Japan is
    not germane (VIII, 3050), to a bill proposing relief for women and
    children in Germany, an amendment delaying the effectiveness of such
    relief until a soldier's compensation act shall have been enacted is not
    germane (VIII, 3035), and to a bill authorizing radio broadcasting to
    Cuba, an amendment prohibiting the use of those funds until Congress has
    considered a Constitutional Amendment mandating a balanced budget is not
    germane (Aug. 10, 1982, p. 20250). To a proposition conditioning the
    availability of funds upon the enactment of an authorizing statute for
    the enforcing agency, a substitute conditioning the availability of some
    of those funds upon a prohibition of certain imports into the U.S. is
    not germane, a contingency unrelated to that to which offered (Nov. 7,
    1985, pp. 30984-85). It is not germane to condition assistance to a
    particular class of recipient covered by the bill upon an unrelated
    contingency such as action or inaction by another class of recipient or
    agent not covered by the bill (Mar. 5, 1986, p. 3613). However, while a
    bill relating to benefits based on indemnification of liability arising
    out of an activity does not ordinarily admit as germane amendments
    relating to regulation of that activity, an amendment conditioning
    benefits upon agreement by its recipient to be governed by certain
    safety regulations may be germane if related to the activity giving rise
    to the liability (July 29, 1987, p. 21448).

    [[Page 600]]
    funds being withheld and cannot affect other funds in the bill not
    related to that factual situation; thus to a general appropriation bill
    containing funds not only for a former President but also for other
    departments and agencies, an amendment delaying the availability of all
    funds in the bill until the former President had made restitution of a
    designated amount of money was held not germane (Oct. 2, 1974, pp.
    33620-21). But an amendment postponing the effective date of a title of
    a bill to a date certain is germane (July 25, 1973, p. 25828), as is an
    amendment to an authorization bill that conditions the obligation of
    funds therein by adopting as a measure of their availability the
    expenditure during that fiscal year of a comparable percentage of funds
    authorized by other Acts, if the amendment does not directly affect the
    use of other funds (July 26, 1973, p. 26210); and an amendment that
    conditions the availability of funds covered by a bill by adopting as a
    measure of their availability the monthly increases in the public debt
    may be germane so long as the amendment does not directly affect other
    provisions of law or impose unrelated contingencies (Sept. 25, 1979, pp.
    26150-52). To a provision to become effective immediately, an amendment
    deferring the time at which it shall become effective, without involving
    affirmative legislation, was held germane (VIII, 3030). To a bill
    authorizing defense assistance to a foreign nation, an amendment
    delaying the availability of that assistance until that nation's former
    ambassador testified before a House committee, which had been directed
    by the House to investigate gifts by that nation's representatives to
    influence Members and employees, was held germane as a contingency that
    sought to compel the furnishing of information related to efforts to
    induce defense assistance to that nation (Aug. 2, 1978, pp. 23932-33).
      While it may be in order on a general appropriation bill to delay the
    availability of certain funds therein if the contingency does not impose
    new duties on executive officials, the contingency must be related to
    the

      Where a proposition confers broad discretionary power on an executive
    official, an amendment is germane which directs that official to take
    certain actions in the exercise of the authority. Thus to an amendment
    in the nature of a substitute authorizing the Federal Energy
    Administrator to restrict exports of certain energy resources, an
    amendment directing that official to prohibit the exportation of
    petroleum products for use in Indochina military operations was held
    germane (Dec. 14, 1973, p. 41753). But it is not in order by way of
    amendment to a bill authorizing funds for military assistance to certain
    foreign countries, to make the availability of those funds contingent
    upon efforts by those countries to control narcotic traffic to the U.S.,
    and to authorize the President to offer the assistance of federal
    agencies for that purpose, where the subjects of narcotics and the
    accessibility of federal agencies are not contained in the bill (June
    17, 1971, pp. 20589-90).

    [[Page 601]]
    tween the student's home and the closest school was held germane (Dec.
    13, 1973, pp. 41267-69). Similarly, a bill providing for the deportation
    of aliens may be amended to exempt a portion of such aliens from
    deportation (VIII, 3029), a bill providing aid to shipping may be
    amended to limit such aid to ships equipped with saving devices (VIII,
    3027), a bill prohibiting the issuance of injunctions by the courts in
    labor disputes may be amended to except all labor disputes affecting
    public utilities (VIII, 3024), and to a proposition denying benefits to
    recipients failing to meet a certain qualification, a substitute denying
    the same benefits to some recipients but excepting others is germane
    (July 28, 1982, pp. 18355-58, 18361). To a bill extending the
    authorities of one government agency, including requirements for
    consultation with several other agencies, an amendment requiring that
    agency to perform a function based upon an analysis furnished by yet
    another agency was held germane as an additional limitation on the
    authority of the agency being extended which did not separately mandate
    the performance of an unrelated function by another entity (July 27,
    1978, pp. 23107-08). To a proposition authorizing a program to be
    undertaken, a substitute providing for a study to determine the
    feasibility of undertaking the same type of program may be germane as a
    more limited approach involving the same agency (June 26, 1985, pp.
    17453, 17458, and 17460) (in effect overruling VIII, 2989).
      Where a provision delegates certain authority, an amendment proposing
    to limit such authority is germane (VIII, 3022); to a provision
    conferring presidential authority to establish priorities among users of
    petroleum products and requiring priority to education and
    transportation users, an amendment restricting such regulatory authority
    by requiring that petroleum products allocated for public school
    transportation be used only be

    [[Page 602]]
    1600), and may not be made applicable to a trust fund provided (IV,
    4017) or to money appropriated in other acts (IV, 3927; VII, 1495, 1597-
    1599). Thus to a general appropriation bill providing funds for the
    Department of Agriculture and including specific allocation of funds for
    pest control, an amendment was germane that prohibited the use of funds
    for use of presticides prohibited by state or local law (May 26, 1969,
    p. 13753). But to a provision prohibiting aid to a certain country
    unless certain conditions were met, an amendment prohibiting aid to
    another country until that nation took certain acts, and referring to
    funds provided in other acts, was not germane (Nov. 17, 1967, p. 32968).
    To a proposal to restrict availability of agency funds for a year and
    amending the organic law as it relates to the internal functions
    thereof, an amendment further restricting funding but also applying
    ``with respect to the use of funds in the bill'' provisions of criminal
    and other laws not applicable thereo was held not germane (Oct. 26,
    1989, p. 26269). See also Procedure, ch. 28, sec. 22-27.

      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; to
    a bill authorizing funds for foreign assistance, an amendment placing
    restrictions on funds authorized or appropriated in prior years is not
    germane (Aug. 24, 1967, p. 24002), and to an amendment changing a dollar
    amount in a bill, a substitute therefor not only changing the figure but
    also restricting the use of any funds in furtherance of a certain
    activity is not germane (June 7, 1972, p. 19920). To a proposition
    restricting the availability of funds to a certain category of
    recipients, an amendment further restricting the availability of funds
    to a subcategory of the same recipients is germane (Sept. 25, 1979, pp.
    26135-43), and to a bill authorizing appropriations for an agency, an
    amendment to prohibit the use of such funds for any purpose to which the
    funds may otherwise be applied is germane (Nov. 5, 1981, p. 26716). To a
    provision authorizing funds for a fiscal year, an amendment restricting
    the availability of funds appropriated pursuant thereto for a specified
    purpose until enactment of a subsequent law authorizing that purpose is
    germane (July 21, 1983, p. 20198). To an amendment precluding the
    availability of an authorization for part of a fiscal year and then
    permitting availability for the remainder of the year based upon a
    contingency, an amendment constituting a prohibition on the availability
    of the same funds for the entire fiscal year is a germane alternative
    (May 16, 1984, p. 12567). A legislative amendment to an appropriation
    bill must not only retrench expenditures under clause 2 of rule XXI but
    must also be germane to the provisions to which offered. A limitation
    must apply solely to the money of the appropriation under consideration
    (VII, 1596,

    Sec. 801. Dilatory motions pending motions to suspend
    rules.

      8.  Pending a motion to suspend the rules, the Speaker may
    entertain one motion that the House adjourn; but after the result
    thereon is announced he shall not entertain any other motion till the
    vote is taken on suspension.

      This clause of the rule was adopted in 1868 (V, 5743), and amended in
    1911 (VIII, 2823). A motion for a recess (V, 5748-5751) and for a call
    of the House when there was no doubt of the presence of a quorum (V,
    5747) were held to be dilatory motions within the meaning of the rule.
    But where a motion to suspend the rules has been made and, after one
    motion to adjourn has been acted on, a quorum has failed, another motion
    to adjourn has been admitted (V, 5744-5746).

    Sec. 802. Privileged motion for consideration of revenue
    and appropriation bills.

      9.  At any time after the reading of the Journal
    it shall be in order, by direction of the appropriate committees, to
    move that the House resolve itself into the Committee of the Whole House
    on the state of the Union for the purpose of considering bills raising
    revenue, or general appropriation bills.

    [[Page 603]]

      As early as 1835 the necessity of giving the appropriation bills
    precedence became apparent, and in 1837 a rule was adopted that
    established the principle that continues in the present rule (IV, 3072).

    <>   10. No dilatory motion shall be
    entertained by the Speaker.

      Although clause 4(a) of rule XI was amended by the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470), to eliminate the authority of the Committee on
    Ways and Means to report as privileged bills raising revenue (see
    Sec. 726, supra), this clause was not changed, but the privileged nature
    of the motion under this clause with respect to revenue bills was
    derived from and was dependent upon the former privilege conferred upon
    the Committee on Ways and Means under clause 4(a) of rule XI to report
    revenue measures to the House at any time (IV, 3076). When both types of
    reports were privileged under that rule prior to the 94th Congress,
    motions to consider revenue bills and appropriation bills were of equal
    privilege (IV, 3075, 3076). The motion may designate the particular
    appropriation bill to be considered (IV, 3074). The motion is privileged
    at any time after the approval of the Journal (subject to relevant
    report and hearing availability requirements), but only if offered at
    the direction of the committee (July 23, 1993, p. ----). The motion is
    in order on District Mondays (VI, 716-718; VII, 876, 1123); and takes
    precedence of the motion to go into Committee of the Whole House to
    consider the Private Calendar (IV, 3082-3085; VI, 719, 720). Before the
    adoption of clause 4 of rule XIII it could be made on a ``suspension
    day'' as on other days (IV, 3080). On Wednesdays the privilege of the
    motion is limited by clause 7 of rule XXIV. It may not be amended (VI,
    52, 723), debated (VI, 716), laid on the table, or indefinitely
    postponed (VI, 726), and the previous question may not be demanded on it
    (IV, 3077-3079). Although highly privileged, it may not take precedence
    of a motion to reconsider (IV, 3087), or a motion to change the
    reference of a bill (VII, 2124). The motion is less highly privileged
    than the motion to discharge a committee from further consideration of a
    bill under clause 3 of rule XXVII (VII, 1011, 1016), and on consent days
    the call of the former Consent Calendar (abolished in the 104th
    Congress) took precedence (VII, 986).

      This clause was adopted in 1890 (V, 5706) to make permanent a
    principle already enunciated in a ruling of the Speaker, who had
    declared that the ``object of a parliamentary body is action, not
    stoppage of action'' (V, 5713).

    [[Page 604]]
    ation (V, 5731-5733). The point of ``no quorum'' has also been ruled
    out (V, 5724-5730; VIII, 2801, 2808), and clause 6 of rule XV, as
    adopted in the 93d Congress and as amended in the 95th Congress prevents
    the making of a point of no quorum under certain circumstances. A demand
    for tellers has been held dilatory (V, 5735, 5736; VIII, 2436, 2818-
    2821); but the constitutional right of the Member to demand the yeas and
    nays may not be overruled (V, 5737; VIII, 3107). (For ruling by Speaker
    Gillett construing dilatory motions, see VIII, 2804.) See also
    Sec. 729a, supra, for discussion of dilatory motions pending
    consideration of Rules Committee report, and Sec. 874, infra, for rule
    prohibiting offering of dilatory amendments printed in Record.

    [House Rules Manual -- House Document No. 103-342]
    [Page 604-609]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-101]

      The Speaker has declined to entertain debate or appeal on a question
    as to the dilatoriness of a motion, as to do so would be to nullify the
    rule (V, 5731); but has recognized that the authority conferred by the
    rule should not be exercised until the object of the dilatory motion
    ``becomes apparent to the House'' (V, 5713-5714). Usually, but not
    always, the Speaker awaits a point of order from the floor before acting
    (V, 5715-5722). The rule has been applied to the motions to adjourn (V,
    5721, 5731-5733; VIII, 2796, 2813), to reconsider (V, 5735; VIII, 2797,
    2815, 2822), to fix the time of five-minute debate in Committee of the
    Whole (V, 5734; VIII, 2817), and to lay on the table (VIII, 2816); and
    to the question of consider

                                   Rule XVII.

                               PREVIOUS QUESTION.

    Sec. 804. The previous question.

      1.  There shall be a motion
    for the previous question, which, being ordered by a majority of Members
    voting, if a quorum be present, shall have the effect to cut off all
    debate and bring the House to a direct vote upon the immediate question
    or questions on which it has been asked and ordered. The previous
    question may be asked and ordered upon a single motion, a series of
    motions allowable under the rules, or an amendment or amendments, or may
    be made to embrace all authorized motions or amendments and include the
    bill to its passage or rejection. It shall be in order, pending the
    motion for, or after the previous question shall have been ordered on
    its passage, for the Speaker to entertain and submit a motion to commit,
    with or without instructions, to a standing or select committee.

    [[Page 605]]
    to commit pending the motion for the previous question or after the
    previous question is ordered to passage was added (V, 5443). From 1880
    to 1890, the previous question could only be ordered to the engrossment
    and third reading, and then again ordered on passage, but in 1890 the
    rule was changed to permit ordering the previous question to final
    passage (V, 5443).
      The House adopted a rule for the previous question in 1789, but it was
    not turned into an instrument for closing debate until 1811. The history
    of the motion for the previous question is discussed in V, 5443, 5446;
    VIII, 2661. In 1880, the previous question rule was amended to apply to
    single motions or a series of motions as well as to amendments, and the
    motion

    Sec. 805. Effect of previous question on
    debate.

      The  previous question is the only motion used for closing debate
    in the House itself (V, 5456; VIII, 2662). It is not in order in
    Committee of the Whole (IV, 4716; Apr. 25, 1990, p. ----) but is in
    order in the House as in Committee of the Whole (VI, 639). The motion
    may not include a provision that it shall take effect at a certain time
    (V, 5457). Forty minutes of debate are allowed whenever the previous
    question is ordered on a proposition on which there has been no debate
    (V, 6821; VIII, 2689; Sept. 13, 1965, p. 23602; see clause 2 of rule
    XXVII); but if there has been debate, even though brief, before the
    ordering of the previous question, the forty minutes are not allowed (V,
    5499-5501). This preliminary debate should be on the merits of the
    question if the forty minutes of debate are to be denied for reason of
    it (V, 5502). The forty minutes should be demanded before division has
    begun on the main question (V, 5496). It may not be demanded on
    incidental motions, but is confined to the main question (V, 5497, 5498;
    VIII, 2687). It may not be demanded on a proposition that has been
    debated in Committee of the Whole (V, 5505), or on a conference report
    if the subject matter of the report was debated before being sent to
    conference (V, 5506, 5507). When the previous question is ordered merely
    on an amendment that has not been debated, the forty minutes are allowed
    (V, 5503); but the same liberty of debate is not allowed when the
    question covers both an undebated amendment and the original proposition
    (V, 5504). It was also denied on a resolution to correct an error in an
    enrolled bill (V, 5508). The forty minutes is divided, one half to those
    favoring and the other half to those opposing (V, 5495).

    [[Page 606]]
    4926-4929; VI, 639), but it may not be moved on a single section of a
    bill (IV, 4930). When ordered on a resolution with a preamble there is
    doubt of its application to the preamble, unless the motion specifies
    (V, 5469, 5470). It may be moved on a series of resolutions, but this
    does not preclude a division of the resolutions on the vote (V, 5468),
    although where two propositions on which the previous question is moved
    are related, as in the case of a special order reported from the
    Committtee on Rules and a pending amendment thereto, a division is not
    in order (Sept. 25, 1990, p. ----). The previous question is often
    ordered on undebatable propositions to prevent amendment (V, 5473,
    5490), but may not be moved on a motion that is both undebatable and
    unamendable (IV, 3077). It applies to questions of privilege as to other
    questions (II, 1256; V, 5459, 5460; VIII, 2672).

    Sec. 806. Application of the previous
    question.

      The  provisions of the rule define the application of the
    previous question with considerable accuracy. It may not be moved on
    more than one bill except by the unanimous consent of the House (V,
    5461-5465), or on motions to agree to a conference report and also to
    dispose of differences not included in the report (V, 5464) and when
    ordered on a motion to send to conference applies to that motion alone
    and does not extend to a subsequent motion to instruct conferees (VIII,
    2675). It may apply to the main question and a pending motion to refer
    (V, 5466; VI, 373; VIII, 2678), or to a pending resolution and a pending
    amendment thereto (Sept. 25, 1990, p. ----). When a bill is reported
    from the Committee of the Whole with the recommendation that the
    enacting words be stricken out, it may be applied to the motion to
    concur without covering further action on the bill (V, 5342). During
    consideration ``in the House as in Committee of the Whole'' it may be
    demanded while Members still desire to offer amendments (IV,

    [[Page 607]]

    Sec. 807. The right to move the previous
    question.

      The  Member in charge of the bill and having the floor may demand
    the previous question although another Member may propose a motion of
    higher privilege (VIII, 2684), but the motion of higher privilege must
    be put first (V, 5480; VIII, 2609, 2684), and if the Member in charge of
    the bill claims the floor in debate another Member may not demand the
    previous question (II, 1458); but having the floor, unless yielded to
    for debate only, any Member may make the motion although the effect may
    be to deprive the Member in charge of the bill (V, 5476; VIII, 2685).
    The Member who has called up a measure in the House has priority of
    recognition to move the previous question thereon, even over the
    chairman of the reporting committee (Oct. 1, 1986, p. 27468). And if,
    after debate, the Member in charge of the bill does not move the
    previous question, another Member may (V, 5475); but where a Member
    intervenes on a pending proceeding to make a preferential motion, such
    as the motion to recede from a disagreement with the Senate, he may not
    move the previous question on that motion as against the rights of the
    Member in charge (II, 1459), and the Member in charge is entitled to
    recognition to move the previous question even after he has surrendered
    the floor in debate (VIII, 2682, 3231). Where a Member controlling the
    time on a bill or resolution in the House yields for the purpose of
    amendment, another Member may move the previous question before the
    Member offering the amendment is recognized to debate it (Nov. 8, 1971,
    p. 39944; July 24, 1979, p. 20385). Where under a rule of the House
    debate time on a motion or proposition is equally divided and controlled
    by the majority and the minority, or between those in favor and those
    opposed (see, e.g., clauses 1, 2, 4, and 5 of rule XXVIII), or where a
    block of time for debate has been yielded by the manager, the previous
    question may not be moved until the other side has used or yielded back
    its time; and the Chair may vacate the adoption of the previous question
    where it was improperly moved while the other side was still seeking
    time (Oct. 3, 1989, p. 22842). The previous question may not be demanded
    on a proposition against which a point of order is pending (VIII, 3433).

    Sec. 808. The motion to commit in relation to the previous
    question.

      The  motion to commit under this rule applies to resolutions of
    the House alone as well as to bills (V, 5572, 5573; VIII, 2742), and to
    a motion to amend the Journal (V, 5574). It does not apply to a report
    from the Committee on Rules providing a special order of business (V,
    5593-5601; VIII, 2270, 2750), or to a pending amendment to a proposition
    in the House (V, 5573). Although a motion to commit under this clause,
    with instructions to report forthwith with an amendment, has been
    allowed after the previous question has been ordered on a motion to
    dispose of Senate amendments before the stage of disagreement (V, 5575;
    VIII, 2744, 2745), a motion to commit under this rule does not apply to
    a motion disposing of Senate amendments after the stage of disagreement
    where utilized to displace a pending preferential motion (Speaker
    Albert, Sept. 16, 1976, pp. 30887-88).

      The motion to commit may be made pending the demand for the previous
    question on the passage, whether a bill or resolution be under
    consideration (V, 5576); but when the demand covers all stages of the
    bill to the final passage the motion to commit is made only after the
    third reading, and is not in order pending the demand or before the
    engrossment or third reading (V, 5578-5581). When separate motions for
    the previous question are made, respectively, on the third reading and
    on the passage of a bill, the motion to commit should be made only after
    the previous question is ordered on the passage (V, 5577). When the
    previous question has been ordered on a simple resolution (as
    distinguished from a joint resolution) and a pending amendment, the
    motion to commit should be made after the vote on the amendment (V,
    5585-5588). A motion to commit has been entertained after ordering of
    the previous question even before the adoption of rules at the beginning
    of a Congress (VIII, 2755; Jan. 5, 1981, p. 111). It was formerly held
    that the opponents of a bill had no claim to prior recognition to make
    the motion (II, 1456), but under clause 4 of rule XVI the prior right to
    recognition is given to an opponent on a bill or joint resolution
    pending final passage. The right to move to recommit a House bill with a
    Senate amendment belongs to a Member who is opposed to the whole bill in
    preference to a Member who is merely opposed to the Senate amendment
    (VIII, 2772). When the House refused to order a bill to be engrossed and
    read a third time the motion to commit may not be made (V, 5602, 5603).

    [[Page 608]]

      An opponent, preferably a Minority Member in order of seniority on the
    committee reporting the measure or a similar measure, has priority of
    recognition to offer a motion to commit a simple or concurrent
    resolution under this clause (VIII, 2764; Nov. 28, 1979, p. 33914;
    Procedure, ch. 23, sec. 13.1), but a motion under this clause to commit
    a resolution called up in the House as a privileged matter and not
    previously referred to committee does not depend on party affiliation or
    on opposition to the resolution (Speaker Albert, Feb. 19, 1976, p.
    3920).

      The motion to refer under this rule after the previous question is
    ordered is not debatable (V, 5582), except as provided in clause 4 of
    rule XVI; but may be amended, as by adding instructions, unless such
    amendment be precluded by moving the previous question (V, 5582-5584;
    VIII, 2695). Unless the previous question is ordered, an amendment
    (including one in the nature of a substitute) is in order on a motion to
    commit with instructions (VIII, 2698, 2759), but the amendment should be
    germane (V, 6888; VIII, 2711).

      It is not in order to do indirectly by a motion to commit with
    instructions what may not be done directly by way of amendment such as
    to propose an amendment that is not germane (V, 5529-5541, 5834, 5889;
    VIII, 2707, 2708); to propose to strike out or amend what has already
    been inserted by way of amendment (V, 5531; VIII, 2712, 2714, 2715,
    2723); to propose an amendment in violation of clauses 2, 5, or 6 of
    rule XXI (V, 5533-5540); or to grant a committee leave to report at any
    time (V, 5543). Where a special rule providing for the consideration of
    a bill prohibited the offering of amendments to a certain title of the
    bill during its consideration (in both the House and the Committee of
    the Whole), it was held not in order to offer a motion to recommit with
    instructions to incorporate an amendment in the restricted title (Jan.
    11, 1934, pp. 479-83).

      The motion to recommit may not be accompanied by preamble or otherwise
    include argument, explanation, or other matter in the nature of debate
    (V, 5589; VIII, 2749). Thus, a motion to recommit a bill to a standing
    committee with recommendations for producing legislation that the
    President could sign was held inadmissible in both form and content
    (Feb. 27, 1992, p. ----). The motion may not be laid on the table after
    the previous question has been ordered (V, 5412-5414). Only one motion
    to commit is in order (V, 5577, 5582, 5585; VIII, 2763), but where a
    bill is recommitted under this motion the previous question being
    pending but not ordered on final passage and, having been reported
    again, is again amended and subjected to the previous question, another
    motion to commit is in order after the engrossment and third reading (V,
    5591). And where one motion to recommit was ruled out of order, the
    Speaker entertained a proper motion to recommit (VIII, 2763).

    [[Page 609]]
    state that the previous question be considered as ordered after debate,
    the previous question is considered as ordered from the beginning of the
    debate, precluding the consideration of any intervening motion (Mar. 12,
    1980, pp. 5387-93).
      When a special order declares that at a certain time the previous
    question shall be considered as ordered on a bill to the final passage,
    it has usually, but not always, been held that a motion to commit is
    precluded (IV, 3207-3209). Under clause 4(b) of rule XI the Committee on
    Rules is prohibited from reporting such special order that precludes the
    motion to recommit in clause 4 of rule XVI (Sec. 729(a); VIII, 2260,
    2262-2264). Clause 4(b) was amended in the 104th Congress to further
    prohibit the Committee on Rules from denying the Minority Leader or his
    designee the right to include proper amendatory instructions in a motion
    to recommit (sec. 210, H. Res. 6, Jan. 4, 1995, p. ----). Where a
    special order providing for consideration of a matter in the House
    provides that the previous question shall be considered as ordered
    thereon without intervening motion, and does not simply

    Sec. 809. Relation of the previous question to other
    motions.

      The  motion to lay on the table may not be applied to the previous
    question (V, 5410, 5411); nor may it be applied to the main question
    after the previous question has been ordered (V, 5415-5422; VIII, 2655),
    or after the yeas and nays have been ordered on the demand for the
    previous question (V, 5408, 5409).

      The motion to postpone may not be applied to the main question after
    the previous question has been ordered (V, 5319-5321; VIII, 2617). The
    previous question may be applied both to the main question and a pending
    motion to refer (V, 5342; VI, 373).

    Sec. 810. Relation of previous question to failure of a
    quorum.

      2.  A call of the House shall not be in order after the previous
    question is ordered, unless it shall appear upon an actual count by the
    Speaker that a quorum is not present.

      This clause of the rule was adopted in 1860 (V, 5447).

    Sec. 811. Questions of order pending the motion for the
    previous question.

      3.  All incidental questions of order arising after a
    motion is made for the previous question, and pending such motion, shall
    be decided, whether on appeal or otherwise, without debate.

      This clause was adopted in 1837 to prevent delay by debate on points
    of order after the demand for the previous question (V, 5448). Under the
    present practice, since debate on points or order is entirely within the
    control of the Chair, he may recognize and respond to a parliamentary
    inquiry although the previous question may have been demanded (Speaker
    pro tempore Snell, Mar. 27, 1926, p. 6469).

    [House Rules Manual -- House Document No. 103-342]
    [Page 610-615]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-102]

    [[Page 610]]

      A question of privilege relating to the integrity of action of the
    House itself has been distinguished from ordinary questions of order and
    has been thrown open to debate after the ordering of the previous
    question (III, 2532).

                                   Rule XVIII.

                                RECONSIDERATION.

    Sec. 812. The motion to reconsider.

      1.  When a motion has
    been made and carried or lost, it shall be in order for any member of
    the majority, on the same or succeeding day, to move for the
    reconsideration thereof, and such motion shall take precedence of all
    other questions except the consideration of a conference report or a
    motion to adjourn, and shall not be withdrawn after the said succeeding
    day without the consent of the House, and thereafter any Member may call
    it up for consideration: Provided, That such motion, if made during the
    last six days of a session, shall be disposed of when made.

      The motion to reconsider used in the Continental Congress and in the
    House of Representatives from its first organization, in 1789, was first
    made the subject of a rule in 1802; and at various times this rule has
    been perfected by amendments (V, 5605).

      The motion is not used in Committee of the Whole (IV, 4716-4718; VIII,
    2324, 2325), but is in order in the House as in Committee of the Whole
    (VIII, 2793). It is not in order in the House during the absence of a
    quorum when the vote proposed to be reconsidered requires a quorum (V,
    5606). But on votes incident to a call of the House the motion to
    reconsider may be entertained and also laid on the table, although a
    quorum may not be present (V, 5607, 5608).

    [[Page 611]]
    (V, 5619), or who was paired in favor of the majority contention and
    did not vote, may not make the motion (V, 5614; VIII, 2774). It has
    generally been held in committees that a Member who was not present at a
    vote but cast his vote by proxy does not qualify to make the motion to
    reconsider thereon. Any Member may object to the Chair's statement that
    by unanimous consent the motion to reconsider a vote is laid on the
    table, and the objecting Member need not have voted on the prevailing
    side, but if objection is made, the Chair's statement is ineffective and
    only a Member who voted on the prevailing side may offer the motion to
    reconsider the vote (Speaker pro tempore Wright, Aug. 15, 1986, p.
    22139).

    Sec. 813. Maker of the motion to reconsider.

      The  mover of a
    proposition is entitled to prior recognition to move to reconsider (II,
    1454). A Member may make the motion at any time without thereby
    abandoning a prior motion made by himself and pending (V, 5610). A
    Delegate or Resident Commissioner may not make the motion in the House
    (rule XII; II, 1292; VI, 240). The provision of the rule that the motion
    may be made ``by any member of the majority'' is construed, in case of a
    tie vote, to mean any member of the prevailing side (V, 5615, 5616), and
    the same construction applies in case of a two-thirds vote (II, 1656; V,
    5617, 5618; VIII, 2778-2780). Where the yeas and nays have not been
    ordered recorded in the Journal, any Member, irrespective of whether he
    voted with the majority or not, may make the motion to reconsider (V,
    5611-5613, 5689; VIII, 2775, 2785; Sept. 23, 1992, p. ----); but a
    Member who was absent

    [[Page 612]]
    made on the same day on which the action is taken to which it is
    proposed to be applied, or on the next day thereafter on which the
    committee convenes with a quorum present at a properly scheduled meeting
    at which business of that class is in order (VIII, 2213).

    Sec. 814. Precedence of the motion to
    reconsider.

      The  precedence given the motion by the rule permits it to be
    made even after the previous question has been demanded (V, 5656) or
    while it is operating (V, 5657-5662; VIII, 2784). The motion to
    reconsider the vote on the engrossment of a bill may be admitted after
    the previous question has been moved on a motion to postpone (V, 5663),
    and a motion to reconsider the vote on the third reading may be made and
    acted on after a motion for the previous question on the passage has
    been made (V, 5656). It also takes precedence of the motion to go into
    Committee of the Whole to consider an appropriation bill (VIII, 2785),
    or even of a demand that the House return to committee after the
    appearance of a quorum (IV, 3087). But in a case wherein the House had
    passed a bill and disposed of a motion to reconsider the vote on its
    passage, it was held to be too late to reconsider the vote sustaining
    the decision of the Chair which brought the bill before the House (V,
    5652), and that a motion to vacate those proceedings was not in order
    (Speaker O'Neill, Dec. 17, 1985, pp. 37472-74). After a conference has
    been agreed to and the managers for the House appointed, it is too late
    to move to reconsider the vote whereby the House acted on the amendments
    in disagreement (V, 5664). While the motion has high privilege for
    entry, it may not be considered while another question is before the
    House (V, 5673-5676; July 2, 1980, p. 18354), or while the House is
    dividing (VIII, 2791). A motion to reconsider a secondary motion to
    postpone which has previously been offered and rejected is highly
    privileged, even after the manager of the main proposition has yielded
    time to another Member and before that Member has begun his remarks (May
    29, 1980, pp. 12663-64). When it relates to a bill belonging to a
    particular class of business, consideration of the motion is in order
    only when that class of business is in order (V, 5677-5681; VIII, 2786).
    It may then be called up at any time; but is not the regular order until
    called up (V, 5682; VIII, 2785, 2786). When once entered it may remain
    pending indefinitely, even until a succeeding session of the same
    Congress (V, 5684). The motion to reconsider an action taken on a bill
    on Tuesday may be entered but may not be considered on Calendar
    Wednesday (VII, 905); is subject to the question of consideration (VIII,
    2437), and may be laid on the table (VIII, 2652, 2659). The motion to
    reconsider is in order in the procedure of standing committees, and may
    be

    Sec. 815. Application of the motion to reconsider.

      A  motion
    to reconsider may be entertained, although the bill or resolution to
    which it applies may have gone to the other House or the President (V,
    5666-5668). The Senate may not reconsider the confirmation of a
    nomination after a commission has been issued by the President to a
    nominee and the latter has taken the oath and entered upon the duties of
    his office (U.S. v. Smith, 286 U.S., 6). The fact that the House had
    informed the Senate that it had agreed to a Senate amendment to a House
    bill was held not to prevent a motion to reconsider the vote on agreeing
    (V, 5672). When a motion is made to reconsider a vote on a bill that has
    gone to the Senate, a motion to recall the bill is privileged (V, 5669-
    5671). The motion to reconsider may be applied once only to a vote
    ordering the previous question (V, 5655; VIII, 2790), and may not be
    applied to a vote ordering the previous question that has been partially
    executed (V, 5653, 5654); but a vote agreeing to an order of the House
    has been reconsidered, although the execution of the order had begun
    (III, 2028; V, 5665). The vote ordering the previous question on a
    special order reported from the Committee on Rules may be reconsidered
    and is not dilatory under clause 4(b) of rule XI (Sept. 25, 1990, p. --
    --).

    [[Page 613]]
    to move to reconsider the vote on a motion disposing of one of the
    amendments; but laying on the table a motion to reconsider the vote
    whereby the House has amended a Senate amendment does not preclude the
    House from acting on a subsequent Senate amendment to that House
    amendment, or considering any other proper motion to dispose of an
    amendment that might remain in disagreement after further Senate action
    (Oct. 5, 1983, p. 27323). For a discussion of the application of the
    motion to reconsider in committees, see Sec. 416, supra.
      The motion may not be applied to negative votes on motions to adjourn
    (V, 5620-5622), or for a recess (V, 5625), or to go into Committee of
    the Whole (V, 5641). The motion to reconsider may be applied however to
    an affirmative vote on the motion to resolve into the Committee of the
    Whole while the Speaker is still in the chair (V, 5368; Apr. 20, 1978,
    pp. 10990-91). A motion to reconsider the vote by which the House had
    decided a question of parliamentary procedure was held not to be in
    order (VIII, 2776). Motions to reconsider negative votes on motions to
    fix the day to which the House shall adjourn have been the subject of
    conflicting rulings (V, 5623, 5624). It is in order to reconsider a vote
    postponing a bill to a day certain (V, 5643; May 29, 1980, p. 12663). It
    is not in order to reconsider a negative decision of the question of
    consideration (V, 5626, 5627), although it is in order to reconsider an
    affirmative vote on the question of consideration (Oct. 4, 1994, p. ----
    ). It is not in order to reconsider a negative vote on suspension of the
    rules (V, 5645, 5646; VIII, 2781) or a vote on reconsideration of a bill
    returned with the objections of the President (VIII, 2778). A vote
    whereby a second is ordered may be reconsidered (V, 5642). The motion to
    reconsider a vote on a proposition having been once agreed to, and the
    said vote having again been taken, a second motion to reconsider may not
    be made unless the nature of the proposition has been changed by
    amendment (V, 5685-5688; VIII, 2788; Sept. 20, 1979, pp. 25512-13).
    After disposition of a conference report and amendments reported from
    conference in disagreement, it is in order on the same day

    [[Page 614]]

    Sec. 816. Effect of the motion to reconsider.

      A  bill is not
    considered passed or an amendment agreed to if a motion to reconsider is
    pending, the effect of the motion being to suspend the original
    proposition (V, 5704); and the Speaker declines to sign an enrolled bill
    until a pending motion to reconsider has been disposed of (V, 5705). But
    when the Congress expires leaving unacted on a motion to reconsider the
    vote whereby a simple resolution of the House has been agreed to, it is
    probable that the resolution would be operative; and where a bill has
    been enrolled, signed by the Speaker, and approved by the President, it
    is undoubtedly a law, although a motion to reconsider may not have been
    disposed of (V, 5704, footnote). A Member-elect may not take the oath
    until a motion to reconsider the vote determining his title is disposed
    of (I, 335); but when, in such a case, the motion is disposed of, the
    right to be sworn is complete (I, 622). When the motion to reconsider is
    decided in the affirmative the question immediately recurs on the
    question reconsidered (V, 5703). When a vote whereby an amendment has
    been agreed to is reconsidered the amendment becomes simply a pending
    amendment (V, 5704). When the vote ordering the previous question is
    reconsidered it is in order to withdraw the motion for the previous
    question, the ``decision'' having been nullified (V, 5357). When the
    previous question has been ordered on a series of motions and its force
    has not been exhausted the reconsideration of the vote on one of the
    motions does not throw it open to debate (V, 5493); under the earlier
    practice, when a vote taken under the operation of the previous question
    was reconsidered, the main question stood divested of the previous
    question, and was debatable and amendable without reconsideration
    separately of the motion for the previous question (V, 5491-5492, 5700),
    but under the modern practice, where the House adopts a motion to
    reconsider a vote on a question on which the previous question has been
    ordered, the question to be reconsidered is neither debatable nor
    amendable (unless the vote on the previous question is separately
    reconsidered) (July 2, 1980, p. 18355). It is in order to move to
    reconsider the ordering of the yeas and nays on a question before the
    question has been finally decided (V, 5689-5691, 6029; VIII, 2790); but
    where the House had voted to reconsider the vote whereby it had rejected
    a bill but had not separately reconsidered the ordering of a recorded
    vote, the Speaker put the question de novo and entertained a new demand
    for a recorded vote (Sept. 20, 1979, pp. 25512-13).

    Sec. 817. The vote on the motion to reconsider.

      The  motion
    to reconsider is agreed to by majority vote, even when the vote
    reconsidered requires two-thirds for affirmative action (II, 1656; V,
    5617, 5618; VIII, 2795), or when only one-fifth is required for
    affirmative action, as in votes ordering the yeas and nays (V, 5689-
    5692, 6029; VIII, 2790). But one motion to reconsider the yeas and nays
    having been acted on, another motion to reconsider is not in order (V,
    6037).

    Sec. 818. Relation of the motion to reconsider to the motion
    to lay on the table.

      A  vote on the motion to lay on the table may be
    reconsidered whether the decision be in the affirmative (V, 5628, 5695,
    6288; VIII, 2785) or in the negative (V, 5629). It is in order to
    reconsider the vote laying an appeal on the table (V, 5630), although
    during proceedings under a call of the House this motion was once ruled
    out (V, 5631). The motion to reconsider may not be applied to the vote
    whereby the House has laid another motion to reconsider on the table (V,
    5632-5640; June 20, 1967, pp. 16497-98); and a motion to reconsider may
    be laid on the table only before the Chair has put the question on the
    motion to a vote (Sept. 20, 1979, p. 25512).

    Sec. 819. Debate on the motion to reconsider.

      A  motion to
    reconsider is debatable only if the motion proposed to be reconsidered
    was debatable (V, 5694-5699; VIII, 2437, 2792; Sept. 13, 1965, p.
    23608); so the motion to reconsider a vote ordering the previous
    question is not debatable (Sept. 25, 1990, p. ----) and the application
    of the previous question makes a motion to reconsider undebatable (V,
    5701; VIII, 2792; Sept. 20, 1979, p. 25512; July 2, 1980, p. 18355).
    Where a resolution providing for the order of business was agreed to
    without adoption of the previous question, the Speaker advised that a
    motion to reconsider would be debatable and that the Member moving the
    reconsideration would be recognized to control the one hour of debate
    (Speaker McCormack, Sept. 13, 1965, p. 23608).

    Sec. 820. Application of motion to reconsider to bills in
    committees.

      2.  No bill, petition, memorial, or resolution referred to a
    committee, or reported therefrom for printing and recommitment, shall be
    brought back into the House on a motion to reconsider; * * *

    [[Page 615]]

    <>   2. * * * and all bills, petitions, memorials, or
    resolutions reported from a committee shall be accompanied by reports in
    writing, which shall be printed.

      This clause was first adopted in 1860, and amended in 1872, to prevent
    a practice of using the privilege of the motion to reconsider to secure
    consideration of bills otherwise not in order (V, 5647). There is a
    question as to whether or not the rule applies to a case wherein the
    House, after considering a bill, recommits it (V, 5648-5650). After a
    committee has reported a bill it is too late to reconsider the vote by
    which it was referred (V, 5651).

      This clause was adopted in 1880 (V, 5647).

    [House Rules Manual -- House Document No. 103-342]
    [Page 615-619]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-103]

      The House insists on observance of this rule (IV, 4655) and does not
    receive verbal reports as to bills (IV, 4654). But the sufficiency of a
    report is passed on by the House and not by the Speaker (II, 1339; IV,
    4653). A report is not necessarily signed by all those concurring (II,
    1274) or even by any of those concurring, but minority, supplemental and
    additional views are signed by those submitting them (IV, 4671; VIII,
    2229; see clause 2(l)(5) of rule XI). Under this rule, the printing
    requirement is not a condition precedent to consideration of the matter
    reported (VIII, 2307-2309), but see clause 7 of rule XXI, which states
    that no general appropriation bill shall be considered until printed
    hearings and report thereon have been available for three calendar days,
    and clause 2(l) of rule XI, pertaining to the consideration of matters
    reported by committees, and clause 2 of rule XXVIII, pertaining to the
    requirement that conference reports and amendments reported in
    disagreement from conference be available before consideration.

                                    Rule XIX.

                                 OF AMENDMENTS.

    [[Page 616]]

    Sec. 822. Amendments to text and to title.

      When  a motion or
    proposition is under consideration a motion to amend and a motion to
    amend that amendment shall be in order, and it shall also be in order to
    offer a further amendment by way of substitute, to which one amendment
    may be offered, but which shall not be voted on until the original
    matter is perfected, but either may be withdrawn before amendment or
    decision is had thereon. Amendments to the title of a bill or resolution
    shall not be in order until after its passage, and shall be decided
    without debate.

      This rule was adopted in 1880, with an amendment adding the portion in
    relation to the title in 1893. The rule of 1880, however, merely stated
    in form of rule what had been the practice of the House for many years
    (V, 5753).

    [[Page 617]]
    changes in the bill rather than in the amendment is not a proper
    perfecting amendment, but may if germane be offered as a substitute for
    the amendment (Apr. 26, 1984, p. 10213). Where, pursuant to a special
    rule, a committee amendment in the nature of a substitute, printed in
    the bill, is being read as original text for purpose of amendment, there
    may be pending to that text the four stages of amendment permitted by
    this rule (Apr. 23, 1969, p. 10066). An amendment in the nature of a
    substitute may be proposed before amendments to the pending portion of
    original text have been acted on, but may not be voted on until such
    amendments have been disposed of (V, 5753, 5787). When a bill is
    considered by sections or paragraphs an amendment in the nature of a
    substitute is properly offered after the reading for amendment is
    concluded (V, 5788). But when it is proposed to offer a single
    substitute for several paragraphs of a bill that is being considered by
    paragraphs, the substitute may be moved to the first paragraph, with
    notice that, if agreed to, motions will be made to strike out the
    remaining paragraphs (V, 5795; VIII, 2898, 2900-2903; July 29, 1969, pp.
    21218-19). The substitute amendment, as well as the original
    proposition, may be perfected by amendments before the vote on it is
    taken (V, 5786). Where there is pending an amendment in the nature of a
    substitute, it is in order to offer a perfecting amendment to the
    pending portion of original text (VIII, 2861; Apr. 27, 1976, p. 11411;
    see also Procedure, ch. 27, sec. 13.8). An amendment in the nature of a
    substitute having been agreed to, the vote is then taken on the original
    proposition as amended (II, 983; V, 5799, 5800), and no further
    amendment is in order (Speaker O'Neill, Mar. 26, 1985, pp. 6274-75). The
    substitute provided for in this rule has been construed as a substitute
    for the amendment and not as a substitute for the original text (VIII,
    2883). If a perfecting amendment to an amendment in the nature of a
    substitute, striking out all after the short title and inserting a new
    text, is agreed to, further amendments to the text so perfected are not
    in order, but amendments are in order to add new language at the end of
    the amendment in the nature of a substitute as amended (May 16, 1979, p.
    11420). An amendment offered as a substitute and rejected may again be
    offered as an original amendment without presenting an equivalent
    question, since in the first case the question is the relationship
    between the substitute and the amendment to which offered and in the
    second case the question is the relationship between the original
    amendment and the text of the bill (V, 5797; VIII, 2843), and an
    amendment considered with others en bloc and rejected may be offered
    separately at a subsequent time (Deschler's Precedents, vol. 9, ch. 27,
    sec. 35.15; Nov. 4, 1991, p. ----). Thus, while an amendment that is
    amended by a substitute and then adopted as amended may not be reoffered
    in its original form if it would directly change the amended portion of
    the bill, where an amendment inserting new language in a bill is amended
    by a substitute inserting language in a different part of the bill and
    then adopted as amended, the original amendment may again be offered to
    the bill notwithstanding its displacement by the substitute,

    [[Page 618]]
    as the vote on the amendment as amended by the substitute is not
    equivalent to a direct vote on the original amendment (June 25, 1987, p.
    17416). Under a ``modified closed'' rule permitting only amendments
    printed in the report accompanying the rule, the Chair will permit an
    amendment to be offered in the form actually submitted for printing
    rather than requiring that it be offered in the erroneous form printed
    (Mar. 10, 1994, p. ----).

    Sec. 823. Conditions of the motion to amend.

      It  is not in
    order to offer more than one motion to amend of the same nature at a
    time (V, 5755; VIII, 2831), and two independent amendments may be voted
    on at once only by unanimous consent of the House (V, 5779). Amendments
    en bloc, once pending, are open to perfecting amendment at any point
    (June 12, 1991, p. ----). An amendment must contain instructions to the
    Clerk as to the portion of the bill it seeks to amend and is subject to
    a point of order if not in proper form (Oct. 3, 1985, pp. 25970-71). A
    Member may not amend or modify his own amendment except by unanimous
    consent (Oct. 1, 1985, p. 25453); and where the Chair recognizes the
    proponent of an amendment to propound such a unanimous consent request
    before commencing debate, the Chair does not charge time consumed under
    a reservation of objection against the proponent's time for debate on
    the amendment (Feb. 3, 1993, p. ----; May 27, 1993, p. ----). Discrete
    propositions to strike out and insert provisions on diverse pages and
    lines of a bill and to insert a new section on a separate subject may
    constitute separate amendments which may be offered en bloc only by
    unanimous consent, even when the bill has been considered as read and
    open to amendment at any point (Sept. 16, 1981, Deschler's Precedents,
    vol. 9, ch. 27, sec. 11.26). But the four motions specified by the rule
    may be pending at one and the same time (V, 5793; VIII, 2883, 2887).
    Once a perfecting amendment to an amendment is disposed of, the original
    amendment, as amended or not, remains open to further perfecting
    amendment (June 20, 1991, p. ----), and all such amendments are disposed
    of prior to voting on substitutes for the original amendment and
    amendments thereto (July 26, 1984, p. 21253). An amendment in the third
    degree is not specified by the rule and is not permissible (V, 5754;
    VIII, 2580, 2888, 2891), even when the third degree is in the nature of
    substitute for an amendment to a substitute (V, 5791; VIII, 2889).
    However, a substitute amendment may be amended by striking out all after
    its first word and inserting a new text (V, 5793, 5794), as this, while
    in effect a substitute, is not technically so, for the substitute always
    proposes to strike out all after the enacting or resolving words in
    order to insert a new text (V, 5785, footnote) or to replace all the
    words of an amendment; and the Chair will not look behind the form of
    the amendment in determining whether it is a perfecting amendment or a
    substitute (June 13, 1994, p. ----). To qualify as a substitute an
    amendment must treat in the same manner the same subject carried by the
    amendment for which offered (VIII, 2879), and for an amendment inserting
    new text in a bill, a proposition not only inserting similar language
    but also striking out original text of the bill is not in order as a
    substitute (VIII, 2880; Sept. 8, 1976, pp. 29237-38). To an amendment
    adding a new section, an amendment making perfecting

    Sec. 823a. Relation of point of order to motion to
    amend.

      A  point of order against an amendment is timely if made or
    reserved prior to formal recognition of the proponent to commence debate
    thereon (July 16, 1991, p. ----), but thereafter comes too late (V,
    6894, 6898-6899). To preclude a point of order, debate should be on the
    merits of the proposition (V, 6901). When enough of an amendment has
    been read to show that it is out of order, a point of order may be
    raised without waiting for the reading to be completed (V, 6886-6887;
    VIII, 2912, 3437), though the Chair may decline to rule until the entire
    proposition has been read (Dec. 14, 1973, pp. 41716-18). A timely
    reservation of a point of order by one Member inures to the benefit of
    any other Member who desires to press a point of order (V, 6906; July
    18, 1990, p. ----).

    Sec. 824. Withdrawal of the motion to amend.

      While  the rule
    provides that either an ordinary or substitute amendment may be
    withdrawn in the House (V, 5753) or ``in the House as in Committee of
    the Whole'' (IV, 4935; June 26, 1973, p. 21315), it may not be withdrawn
    or modified in Committee of the Whole except by unanimous consent (V,
    5221; VIII, 2564, 2859).

    [[Page 619]]

    Sec. 825. Precedence of the motion to amend.

      Pursuant  to
    clause 4 of rule XVI, the motion for the previous question takes
    precedence of a motion to amend (Nov. 8, 1971, p. 39944); and if the
    previous question is not ordered, the motion to refer also has
    precedence of the motion to amend (V, 5555; VI, 373). Amendments
    reported by a committee are acted on before those offered from the floor
    (V, 5773; VIII, 2862, 2863), but a floor amendment to the text of a
    pending section is considered before a committee amendment adding a new
    section at the end of the pending section (Oct. 4, 1972, pp. 33779-82),
    and there is a question as to the extent to which the chairman of the
    committee reporting a bill should be recognized to offer amendments to
    perfect it in preference to other Members (II, 1450). Amendments may not
    be offered by proxy (VIII, 2830). The motion to strike out the enacting
    clause has precedence of the motion to amend, and may be offered while
    an amendment is pending (V, 5328-5331; VIII, 2622-2624); but the motion
    to amend takes precedence over a motion that the Committee of the Whole
    rise and report the bill with the recommendation that it pass (July 27,
    1937, p. 7699).

    Sec. 826. Relation of the motion to amend to other
    motions.

      With  some exceptions an amendment may attach itself to secondary
    and privileged motions (V, 5754). Thus, the motions to postpone, refer,
    amend, for a recess, and to fix the day to which the House shall adjourn
    may be amended (V, 5754; VIII, 2824). But the motions for the previous
    question, to lay on the table, to adjourn (V, 5754) and to go into
    Committee of the Whole to consider a privileged bill may not be amended
    (IV, 3078, 3079; VI, 723-725).

    [House Rules Manual -- House Document No. 103-342]
    [Page 619-623]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-104]

      An amendment to the title of a bill is not in order in Committee of
    the Whole (Jan. 29, 1986, p. 682).

                                    Rule XX.

                          OF AMENDMENTS OF THE SENATE.

    Sec. 827. Consideration of Senate amendments in Committee
    of the Whole.

      1.  Any amendment of the Senate to any House bill shall be
    subject to the point of order that it shall first be considered in the
    Committee of the Whole House on the state of the Union, if, originating
    in the House, it would be subject to that point: Provided, however, That
    a motion to disagree with the amendments of the Senate to a House bill
    or resolution and request or agree to a conference with the Senate, or a
    motion to insist on the House amendments to a Senate bill or resolution
    and request or agree to a conference with the Senate, shall always be in
    order if the Speaker, in his discretion, recognizes for that purpose and
    if the motion is made by direction of the committee having jurisdiction
    of the subject matter of the bill or resolution.

    [[Page 620]]
    5, Jan. 22, 1971, p. 144), this clause included language relating to
    separate votes on nongermane Senate amendments that was, in the 93d
    Congress, modified and transferred to clause 5 of rule XXVIII (H. Res.
    998, Apr. 9, 1974, pp. 10195-99).
      The first part of this rule was adopted in 1880 to prevent Senate
    amendments of the class described from escaping consideration in
    Committee of the Whole (IV, 4796). The first sentence of the proviso,
    added by the 89th Congress (H. Res. 8, Jan. 4, 1965, p. 21), provides a
    method whereby bills can be sent to conference by majority vote. As
    contained in section 126(a) of the Legislative Reorganization Act of
    1970 (84 Stat. 1140) and adopted as part of the rules of the House in
    the 92d Congress (H. Res.

    [[Page 621]]
    diction and they have not yet had the opportunity to consider the
    amendment (June 28, 1984, p. 19770). The Committee on Rules may
    recommend a special order of business providing that a Senate amendment
    pending at the Speaker's table and otherwise requiring consideration in
    Committee of the Whole under this clause be ``hereby'' considered as
    adopted, which special order if adopted would abrogate the requirement
    of this clause (Deschler's Precedents, vol. 6, ch. 21, sec. 16.11; Feb.
    4, 1993, p. ----).

    Sec. 828a. Practice in considering Senate amendments in
    Committee of the Whole.

      While  a Senate amendment that is merely a
    modification of a House proposition, like the increase or decrease of
    the amount of an appropriation, and does not involve new and distinct
    expenditure, may not be required to be considered in Committee of the
    Whole (IV, 4797-4806; VIII, 2382-2385), where the question was raised
    against a Senate amendment which on its face apparently placed a charge
    upon the Treasury the Speaker held it devolved upon those opposing the
    point of order to cite proof to the contrary (VIII, 2387). When in the
    House an amendment is offered to provide an appropriation for another
    purpose than that of the Senate amendment, the House goes into Committee
    of the Whole to consider it (IV, 4795). When an amendment is referred,
    the entire bill goes to the Committee of the Whole (IV, 4808), but the
    committee considers only the Senate amendment (V, 6192). It usually
    considers all the amendments, although they may not all be within the
    rule requiring such consideration (V, 6195). In Committee of the Whole a
    Senate amendment, even though it be very long, is considered as an
    entirety and not by paragraphs or sections (V, 6194). When reported from
    the Committee of the Whole, Senate amendments are voted on en bloc and
    only those amendments are voted on severally on which a separate vote is
    demanded (VIII, 3191). It has been held that each amendment is subject
    to general debate and amendment under the five-minute rule (V, 6193,
    6196). The requirement of this clause that certain Senate amendments be
    considered in Committee of the Whole applies only before the stage of
    disagreement has been reached on the Senate amendment, and it is to too
    late to raise a point of order that Senate amendments should have been
    considered in Committee of the Whole after the House has disagreed
    thereto and the amendments reported from conference in disagreement
    (Oct. 20, 1966, p. 28240; Dec. 4, 1975, p. 38714). The motion to send a
    bill to conference under this clause is in order notwithstanding the
    fact that the stage of disagreement has not been reached (Aug. 1, 1972,
    p. 26153). On a bill that has been jointly referred and reported in the
    House, the motion must be authorized by all committees reporting thereon
    (Sept. 26, 1978, p. 31623), but a committee discharged from a sequential
    referral need not authorize a motion made by direction of the committee
    that reported the bill (Oct. 4, 1994, p. ----). Where such a motion has
    been rejected by the House, it may be repeated if the committee having
    jurisdiction over the subject matter again authorizes its chairman to
    make the motion (Oct. 3, 1972, pp. 33502-03). See also Procedure, ch.
    32, sec. 5. The motion to send to conference is in order only if the
    Speaker in his discretion recognized for that purpose, and the Speaker
    will not recognize for the motion where he has referred a non-germane
    Senate amendment in question to a House committee with juris

    Sec. 828b. Stage of disagreement between Houses.

      When  the
    stage of disagreement has been reached on a bill with amendments of the
    other House, motions to dispose of said amendments are privileged in the
    House (IV, 3149, 3150; VI, 756; VIII, 3185, 3194). The stage of
    disagreement between the two Houses is reached after the House in
    possession of the papers has either disagreed to the amendment(s) of the
    other House or has insisted on its own amendment to a measure of the
    other House (Sept. 16, 1976, p. 30868), and not merely where the other
    House has returned a bill with an amendment (Dec. 7, 1977, pp. 38728-
    29). Thus where the House concurred in a Senate amendment to a House
    bill with an amendment, insisted on the amendment and requested a
    conference, and the Senate then concurred in the House amendment with a
    further amendment, the matter was privileged in the House for further
    disposition since the House had communicated its insistence and request
    for a conference to the Senate (Speaker Albert, Sept. 16, 1976, p.
    30868).

    Sec. 829. Conferees may not agree to certain Senate
    amendments.

      2.  No amendment of the Senate to a general appropriation bill
    which would be in violation of the provisions of clause 2 of rule XXI,
    if said amendment had originated in the House, nor any amendment of the
    Senate providing for an appropriation upon any bill other than a general
    appropriation bill, shall be agreed to by the managers on the part of
    the House unless specific authority to agree to such amendment shall be
    first given by the House by a separate vote on every such amendment.

      This clause of the rule was adopted on June 1, 1920 (pp. 8109, 8120).

    [[Page 622]]
    Senate amendment (Speaker Albert, Dec. 19, 1973, p. 42565), it does not
    permit a motion to recommit a conference report on a general
    appropriation bill to include instructions to add legislation to that
    contained in a Senate amendment (Nov. 13, 1973, p. 36847). It is
    customary after a conference on a general appropriation bill with
    numbered Senate amendments for the managers to report certain Senate
    amendments in technical disagreement, and after the partial conference
    report (consisting of agreement on those Senate amendments not in
    violation of clause 2 of rule XXI) is disposed of, the remaining
    amendments are taken up in order and disposed of directly in the House
    by separate motion. When Senate amendments in disagreement are
    considered in this fashion, they are not subject to a point of order
    under this clause (Dec. 4, 1975, p. 38714); and a motion to (recede and)
    concur in the Senate amendment with a further amendment is also in
    order, even if the proposed amendment is also legislation on an
    appropriation bill. The only test is whether the proposed amendment is
    germane to the Senate amendment reported in disagreement (IV, 3909;
    VIII, 3188, 3189; Speaker McCormack, Dec. 15, 1970, pp. 41504-05; Aug.
    1, 1979, pp. 22007-11; Speaker O'Neill, Dec. 12, 1979, pp. 35520-21;
    June 30, 1987, p. 18308).
      While the rule provides for a motion authorizing the managers on the
    part of the House to agree to amendments of the Senate in violation of
    clause 2 of rule XXI, such as a motion to recommit a conference report
    on a general appropriation bill with instructions to agree to a
    legislative

    [[Page 623]]

      In the event an appropriation bill with Senate amendments in violation
    of clause 2 of rule XXI is sent to conference by unanimous consent, such
    procedure does not thereby prevent a point of order being sustained
    against the conference report should the managers on the part of the
    House violate the provisions of clause 2 of rule XX (VII, 1574). But
    where a special rule in the House waives points of order against
    portions of an appropriation bill that are unauthorized by law, and the
    bill passes the House with those provisions included therein and goes to
    conference, the conferees may report back their agreement to those
    provisions even though they remain unauthorized, since the waiver in the
    House of points of order under clause 2 of rule XXI carries over to the
    consideration of the same provisions when the conference report is
    before the House (Dec. 20, 1969, pp. 40445-48, consideration of
    conference report; Dec. 9, 1969, p. 37948, adoption of special rule
    waiving points of order against the bill in the House). The rule is a
    restriction upon the managers on the part of the House only, and does
    not provide for a point of order against a Senate amendment when it
    comes up for action by the House (VII, 1572). Managers may be authorized
    to agree to an appropriation by a resolution reported from the Committee
    on Rules (VII, 1577). House managers may include in their report a
    modification of a Senate amendment that eliminates the appropriation in
    that amendment (June 8, 1972, pp. 20280-81); and the prohibition in this
    clause applies only to language in Senate amendments. Thus the conferees
    may without violating this clause agree to language in a Senate bill
    which was sent to conference (Speaker Albert, Jan. 25, 1972, pp. 1076,
    1077; June 30, 1976, pp. 21632-34) or agree to language in a House bill
    which was permitted to remain and which constitutes an appropriation on
    a legislative bill (Speaker Albert, May 1, 1975, p. 12752).

    [House Rules Manual -- House Document No. 103-342]
    [Page 623-660]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-105]

      A provision in a Senate amendment included in a conference report on
    an authorization bill considered after the relevant appropriation has
    been enacted into law, directing that funds appropriated pursuant to the
    authorization be obligated and expended on a project not specifically
    funded in the appropriation, is itself an appropriation and may not be
    agreed to by House conferees (Nov. 29, 1979, pp. 34113-15); and House
    conferees were held to have violated this clause when they had agreed to
    a provision in a Senate amendment not only authorizing appropriations to
    pay judgments against the U.S. for the award of attorney fees and other
    court costs, but also requiring that where such payments were not paid
    out of appropriated funds, payment be made in the same manner as
    judgments under 28 U.S.C. 2414 and 2517 (payable directly out of the
    Treasury pursuant to a direct appropriation previously provided by law
    in 31 U.S.C. 1304) (Oct. 1, 1980, pp. 28637-40).

                                    Rule XXI.

                                    ON BILLS.

    Sec. 830. Reading, engrossment, and passage of
    bills.

      1. Bills and  joint resolutions on their passage shall be read the first time
    by title and the second time in full, when, if the previous question is
    ordered, the Speaker shall state the question to be: Shall the bill be
    engrossed and read a third time? and, if decided in the affirmative, it
    shall be read the third time by title, and the question shall then be
    put upon its passage.

      This rule was adopted in 1789, amended in 1794, 1880 (IV, 3391), and
    on Jan. 4, 1965 (H. Res. 8, 89th Cong.). This latest amendment
    eliminated the provision which permitted a Member to demand the reading
    in full of the engrossed copy of a House bill.

    [[Page 624]]
    up in that committee. A bill read in full in Committee of the Whole and
    reported therefrom is not read in full again when acted on by the House
    (IV, 3409, 3410, 4916). But when a bill is taken up in Committee of the
    Whole its reading in full may be demanded before general debate begins,
    although it may have just been read in the House (IV, 4738); and may be
    dispensed with by unanimous consent, or by the special order providing
    for consideration of the bill, and a motion to that effect is not in
    order (VIII, 2335, 2436). The Speaker may object to a request for
    unanimous consent that a bill may be acted on without being read (IV,
    3390; VII, 1054).

    Sec. 831. First and second readings.

      Formerly a  bill was
    read for the first time by title at the time of its introduction, but
    since 1890 all bills have been introduced by filing them with the Clerk,
    thus rendering a reading by title impossible at that time (IV, 3391).
    But the titles of all bills introduced are printed in the Journal and
    Record, thus carrying out the real purposes of the rule. The second
    reading formerly occurred in the House before commitment; but as the
    processes of handling bills have been shortened, the second reading now
    occurs for bills considered in the House alone when they are taken up
    for action (IV, 3391), and, for bills considered in Committee of the
    Whole, when they are taken

    Sec. 832. The third reading after
    engrossment.

      The right to  demand the reading in full of the engrossed copy of a
    bill formerly guaranteed by the rule, existed only immediately after it
    had passed to be engrossed and before it had been read a third time by
    title (IV, 3400, 3403, 3404; VII, 1061); or before the yeas and nays had
    been ordered on passage (IV, 3402). The right to demand the reading in
    full caused the bill to be laid aside until engrossed even though the
    previous question had been ordered (IV, 3395-3399; VII, 1062). A
    privileged motion may not intervene before the third reading (IV, 3405),
    and the question on engrossment and third reading is not subject to a
    demand for division of the question (Aug. 3, 1989, p. 18544). A vote on
    the passage has been reconsidered in order to remedy the omission to
    read a bill a third time (IV, 3406). Senate bills are not engrossed in
    the House; but are ordered to a third reading. The demand for the
    reading of the engrossed copy of a Senate bill cannot be made in the
    House (VIII, 2426).

    Sec. 833. Voting on bills.

      A bill in  the House (as
    distinguished from the Committee of the Whole) is amended pending the
    engrossment and third reading (V, 5781; VI, 1051, 1052). The question on
    engrossment and third reading being decided in the negative the bill is
    rejected (IV, 3420, 3421). A bill must be considered and voted on by
    itself (IV, 3408). Where the two Houses pass similar but distinct bills
    on the same subject it is necessary that one or the other House act
    again on the subject (IV, 3386). The requirement of a two-thirds vote
    for proposed constitutional amendments has been construed in the later
    practice to apply only to the vote on the final passage (V, 7029, 7030;
    VIII, 3504). A bill having been rejected by the House, a similar but not
    identical bill on the same subject was afterwards held to be in order
    (IV, 3384).

    [[Page 625]]
    cept to continue appropriations for public works and objects which are
    already in progress.

    Sec. 834a. Unauthorized appropriations in reported
    general appropriation bills or amendments thereto.

      2. (a)  No appropriation
    shall be reported in any general appropriation bill, or shall be in
    order as an amendment thereto, for any expenditure not previously
    authorized by law, ex

    Sec. 834b. Legislation in reported general appropriation
    bills; exceptions.

      (b)  No provision changing existing law shall be
    reported in any general appropriation bill except germane provisions
    which retrench expenditures by the reduction of amounts of money covered
    by the bill, which may include those recommended to the Committee on
    Appropriations by direction of any legislative committee having
    jurisdiction over the subject matter thereof, and except rescissions of
    appropriations contained in appropriations Acts.

    Sec. 834c. Legislation or limitations in amendments to
    general appropriation bills.

      (c)  No amendment to a general appropriation
    bill shall be in order if changing existing law. Except as provided in
    paragraph (d), no amendment shall be in order during consideration of a
    general appropriation bill proposing a limitation not specifically
    contained or authorized in existing law for the period of the
    limitation.

    [[Page 626]]
    ized in existing law for the period of the limitation or proposing
    germane amendments which retrench expenditures by reduction of amounts
    of money covered by the bill may be considered; but after the vote on
    any such amendment, the privileged motion made in order under this
    paragraph may be renewed.

    Sec. 834d. Motion to rise and report as preferential to
    limitation or retrenchment amendments.

      (d)  After a general appropriation
    bill has been read for amendment and amendments not precluded by
    paragraphs (a) or (c) of this clause have been considered, motions that
    the Committee of the Whole rise and report the bill to the House with
    such amendments as may have been adopted shall, if offered by the
    majority leader or a designee, have precedence over motions to further
    amend the bill. If any such motion is rejected, amendments proposing
    limitations not specifically contained or author

    Sec. 834e. Designated emergencies in reported
    appropriation bills.

      (e)  No provision shall be reported in any
    appropriation bill or joint resolution containing an emergency
    designation for purposes of section 251(b)(2)(D) or section 252(e) of
    the Balanced Budget and Emergency Deficit Control Act, or shall be in
    order as an amendment thereto, if the provision or amendment is not
    designated as an emergency, unless the provision or amendment rescinds
    budget authority or reduces direct spending, or reduces an amount for a
    designated emergency.

    [[Page 627]]

    Sec. 834f. Offsetting amendments en bloc to appropriation
    bills.

      (f)  During the reading of any appropriation bill for amendment in
    the Committee of the Whole, it shall be in order to consider en bloc
    amendments proposing only to transfer appropriations among objects in
    the bill without increasing the levels of budget authority or outlays in
    the bill. When considered en bloc pursuant to this paragraph, such
    amendments may amend portions of the bill not yet read for amendment
    (following the disposition of any points of order against such portions)
    and shall not be subject to a demand for division of the question in the
    House or in the Committee of the Whole.

      The 25th Congress in 1837 was the first to adopt a rule prohibiting
    appropriations in a general appropriation bill or amendment thereto not
    previously authorized by law, in order to prevent delay of appropriation
    bills because of contention over propositions of legislation. In 1838
    that Congress added the exception to permit unauthorized appropriations
    for continuation of works in progress and for contingencies for carrying
    on departments of the Government. The rule remained in that form until
    the 44th Congress in 1876, when William S. Holman of Indiana persuaded
    the House to amend the rule to permit germane legislative retrenchments.
    In 1880, the 46th Congress dropped the exception which permitted
    unauthorized appropriations for contingencies of Government departments,
    and modified the ``Holman Rule'' to define retrenchments as the
    reduction of the number and salary of officers of the United States, the
    reduction of compensation of any person paid out of the Treasury of the
    United States, or the reduction of the amounts of money covered by the
    bill. That form of the retrenchment exception remained in place until
    the 49th Congress in 1885, when it was dropped until the 52d Congress in
    1891, and then re-inserted through the 53d Congress until 1894. It was
    again dropped in the 54th Congress from 1895 until re-inserted in the
    62d Congress in 1911 (IV, 3578; VII, 1125).

      The clause remained unamended until January 3, 1983, when the 98th
    Congress restructured it in the basic form of paragraphs (a)-(d).

      Paragraph (a) retained the prohibition against unauthorized
    appropriations in general appropriation bills and amendments thereto
    except in continuation of works in progress.

      Paragraph (b) narrowed the ``Holman Rule'' exception from the
    prohibition against legislation to cover only retrenchments reducing
    amounts of money included in the bill as reported, and permitted
    legislative committees with proper jurisdiction to recommend such
    retrenchments to the Appropriations Committee for discretionary
    inclusion in the reported bill. The last exception in paragraph (b),
    permitting the inclusion of legislation rescinding appropriations, was
    added in the 99th Congress by the Balanced Budget and Emergency Deficit
    Control Act of 1985 (sec. 228(a), P.L. 99-177); however, that exception
    does not extend to the rescission of contract authority provided by laws
    other than appropriation acts (Sept. 22, 1993, p. ----; Sept. 23, 1993,
    p. ----).

    [[Page 628]]
    ance with clause 2(c) or in accordance with clause 2(d) (June 18, 1991,
    p. ----).
      Paragraph (c) retained the prohibition against amendments changing
    existing law but permitted limitation amendments during the reading of
    the bill by paragraph only if specifically authorized by existing law
    for the period of the limitation. The exception for limitations is
    strictly construed to apply only where existing law requires or permits
    the inclusion of limiting language in an appropriation Act, and not
    merely where the limitation is alleged to be ``consistent with existing
    law'' (June 28, 1988, p. 16267). Although the Committee on
    Appropriations may include a limitation in its reported bill, if it is
    stricken with other legislative language on a point of order it may be
    reinserted during the reading only if in compli

    [[Page 629]]

      Paragraph (d) provided a new procedure for consideration of
    retrenchment and other limitation amendments only when reading of a
    general appropriation bill has been completed and only if the Committee
    of the Whole does not adopt a motion to rise and report the bill back to
    the House (H. Res. 5, Jan. 3, 1983, p. 34). In the 104th Congress
    paragraph (d) was amended to limit the availability of its preferential
    motion to rise and report to the Majority Leader or his designee (sec.
    215(a), H. Res. 6, Jan. 4, 1995, p. ----). Where the reading of a
    general appropriation bill for amendment has been completed (or
    dispensed with), including the last paragraph of the bill containing the
    citation to the short title (July 30, 1986, p. 18214), the Chair may
    first inquire whether any Member seeks to offer an amendment not
    prohibited by clauses 2(a) or (c) prior to recognizing Members to offer
    limitation or retrenchment amendments, since the motion to rise and
    report to the House pursuant to clause 2(d) of this rule only supersedes
    that category of amendments and does not take precedence of amendments
    otherwise in order (June 2, 1983, p. 14317; Sept. 22, 1983, p. 25406;
    Oct. 27, 1983, p. 29630), including pro forma amendments (Aug. 2, 1989,
    p. 18126). Pursuant to clause 2(d), a motion that the Committee rise and
    report the bill to the House with such amendments as may have been
    adopted is not debatable (Apr. 23, 1987, p. 9613) and takes precedence
    over a limitation (or retrenchment) amendment (July 30, 1985, p. 21534;
    July 23, 1986, p. 17431; Apr. 23, 1987, p. 9613), but only after
    completion of the reading and disposition of amendments not otherwise
    precluded (June 30, 1992, p. ----). Thus a motion that the Committee
    rise and report the bill to the House with the recommendation that it be
    recommitted, with instructions to report back to the House (forthwith or
    otherwise) with an amendment proposing a limitation, does not take
    precedence over the motion to rise and report the bill to the House with
    such amendments as may have been adopted (sustained on appeal, Sept. 19,
    1983, p. 24647). An amendment not only reducing an amount in a paragraph
    of an appropriation bill but also limiting expenditure of those funds on
    a particular project (i.e., a limitation not contained in existing law)
    was held not in order during the reading of that paragraph but only at
    the end of the bill under clause 2(d) (July 23, 1986, p. 17431; June 15,
    1988, p. 14719). Where language of limitation was stricken from a
    general appropriation bill on a point of order that it changed existing
    law, an amendment proposing to reinsert the limitation without its
    former legislative content was held not in order before completion of
    the reading for amendment (Sept. 23, 1993, p. ----). A motion that the
    Committee of the Whole rise and report to the House with the
    recommendation that the enacting clause be stricken out takes precedence
    over the motion to amend under clause 7 of rule XXIII and thus over the
    motion to rise and report under clause 2(d) (July 24, 1986, p. 17641).

      Paragraphs (e) and (f) were added in the 104th Congress (sec. 215, H.
    Res. 6, Jan. 4, 1995, p. ----).

    Sec. 835. Points of order on general appropriation
    bills.

      As the rule  applies only to general appropriation bills, which are not
    enumerated or defined in the rules (VII, 1116) bills appropriating only
    for one purpose have been held not to be ``general'' within the meaning
    of this rule (VII, 1122). Neither a resolution providing an
    appropriation for a single government agency (Jan. 31, 1962, p. 1352),
    nor a joint resolution only containing continuing appropriations for
    diverse agencies to provide funds until regular appropriation bills are
    enacted (Sept. 21, 1967, p. 26370), nor a joint resolution providing an
    appropriation for a single government agency and permitting a transfer
    of a portion of those funds to another agency (Oct. 25, 1979, pp. 29627-
    28), nor a joint resolution transferring funds already appropriated from
    one specific agency to another (Mar. 26, 1980, pp. 6716-17), nor a joint
    resolution transferring unobligated balances to the President to be
    available for specified purposes but containing no new budget authority
    (Mar. 3, 1988, p. 3239), are ``general appropriation bills'' within the
    purview of this clause. A point of order under this rule does not apply
    to a special order reported from the Committee on Rules ``self-
    executing'' the adoption in the House of an amendment changing existing
    law (July 27, 1993, p. ----).

      As all bills making or authorizing appropriations require
    consideration in Committee of the Whole, it follows that the enforcement
    of the rule must ordinarily occur during consideration in Committee of
    the Whole, where the Chair, on the raising of a point of order, may rule
    out any portion of the bill in conflict with the rule (IV, 3811; Sept.
    8, 1965, pp. 23140, 23182). Portions of the bill thus stricken are not
    reported back to the House.

    [[Page 630]]
    containing legislation (Sept. 1, 1976, pp. 28883-84) or a limitation
    not considered in the Committee of the Whole (Speaker Foley, Aug. 1,
    1989, p. 17159, and Aug. 3, 1989, p. 18546, each time sustained by
    tabling of appeal); and such amendment is precluded whether the
    Committee of the Whole has risen and reported automatically pursuant to
    a special rule or, instead, by a motion at the end of the reading for
    amendment (June 22, 1995, p. ----).
      Prior to the adoption of clause 8 of rule XXI in the 104th Congress
    (see Sec. 848a, infra), it was necessary that some Member reserve points
    of order when a general appropriation bill was referred to the calendar
    of the Committee of the Whole House on the state of the Union, in order
    that provisions in violation of the rule could be stricken in the
    Committee (V, 6921-6925; VIII, 3450; Chairman Chindblom, Feb. 6, 1926,
    p. 3456). Where points of order had been reserved pending a unanimous
    consent request that the committee be permitted to file its report when
    the House would not be in session, it was not necessary that they be
    reserved again when the report ultimately was presented as privileged
    when the House was in session, as the initial reservation carried over
    to the subsequent filing (Mar. 1, 1983, p. 3241). In an instance where
    points of order were not reserved against an appropriation bill when it
    was reported to the House and referred to the Committee of the Whole,
    points of order in the Committee of the Whole against a proposition in
    violation of this clause were overruled on the ground that the Chairman
    of the Committee of the Whole lacked authority to pass upon the question
    (Apr. 8, 1943, pp. 3150-51, 3153). The enforcement of the rule also
    occurs in the House in that a motion to recommit a general appropriation
    bill may not propose an amendment

      By unanimous consent the Committee of the Whole may vacate proceedings
    under specified points of order (June 7, 1991, p. ----).

    [[Page 631]]
    and an amendment to the paragraph has been offered (June 27, 1974, pp.
    21670-72).
      Points of order against unauthorized appropriations or legislation on
    general appropriation bills may be made as to the whole or only a
    portion of a paragraph (IV, 3652; V, 6881). The fact that a point is
    made against a portion of a paragraph does not prevent another point
    against the whole paragraph (V, 6882; July 31, 1985, p. 21895). If a
    portion of a proposed amendment be out of order, it is sufficient for
    the rejection of the whole amendment (V, 6878-6880); and if a point of
    order is sustained against any portion of a package of amendments
    considered en bloc, all the amendments are ruled out of order and must
    be reoffered separately, or those which are not subject to a point of
    order may be considered en bloc by unanimous consent (Sept. 16, 1981,
    pp. 20735-38; June 21, 1984, p. 17687). Where a point is made against
    the whole of a paragraph the whole must go out, but it is otherwise when
    the point is made only against a portion (V, 6884, 6885). General
    appropriation bills are read ``scientifically'' only by paragraph
    headings and appropriation amounts, and points of order against a
    paragraph must be made before an amendment is offered thereto or before
    the Clerk reads the next paragraph heading and amount (Deschler's
    Precedents, vol. 8, ch. 26, sec. 2.26). A point of order against a
    paragraph under this clause may be made only after that paragraph has
    been read by the Clerk, and not prior to its reading pending
    consideration of an amendment inserting language immediately prior
    thereto (June 6, 1985, pp. 14605, 14609). Where the reading of a
    paragraph of a general appropriation bill has been dispensed with by
    unanimous consent, the Chair inquires whether there are points of order
    against the paragraph before entertaining amendments or directing the
    Clerk to read further, but he does not make such an inquiry where the
    Clerk has actually read the paragraph (May 31, 1984, p. 14608). Where
    the bill is considered as having been read and open to amendment by
    unanimous consent, points of order against provisions in the bill must
    be made before amendments are offered, and cannot be reserved pending
    subsequent action on amendments (Dec. 1, 1982, p. 28175). Where a
    chapter is considered as read by unanimous consent and open to amendment
    at any point, no amendments are offered and the Clerk begins to read the
    next chapter, it is too late to make a point of order against a
    paragraph in the preceeding chapter (June 11, 1985, p. 15181). It is too
    late to rule out the entire paragraph after points of order against
    specific portions have been sustained

      In the administration of the rule, it is the practice that those
    upholding an item of appropriation should have the burden of showing the
    law authorizing it (IV, 3597; VII, 1179, 1233, 1276). Thus the burden of
    proving the authorization for language carried in an appropriation bill,
    or that the language in the bill constitutes a valid limitation which
    does not change existing law, falls on the proponents and managers of
    the bill (May 28, 1968, p. 15357; Nov. 30, 1982, p. 28062). Where a
    provision is susceptible to more than one interpretation, that burden
    may be met by a showing that only the requirements of existing law, and
    not any new requirements, are recited in the language (Sept. 23, 1993,
    p. ----). The Chair may overrule a point of order that appropriations
    for a certain agency are unauthorized upon citation to an organic
    statute creating the agency, absent any showing that the organic law has
    been overtaken by a scheme of periodic reauthorization; the Chair may
    hear further argument and reverse his ruling, however, where existing
    law not previously called to the Chair's attention would require the
    ruling to be reversed (VIII, 3435; June 8, 1983, p. 14854, where a law
    amending the statute creating the Bureau of the Mint with the express
    purpose of requiring annual authorizations was subsequently called to
    the Chair's attention). Reported provisions in a general appropriation
    bill described in the accompanying report (pursuant to clause 3 of rule
    XXI) as directly or indirectly changing the application of existing law
    are presumably legislation, absent rebuttal by the committee (May 31,
    1984, p. 14591). The burden of proof to show that an appropriation
    contained in an amendment is authorized by law is on the proponent of
    the amendment (May 11, 1971, p. 14471; Oct. 29, 1991, p. ----) and the
    burden is on the proponent of an amendment to a general appropriation
    bill to prove that language offered under the guise of a limitation does
    not change existing law (July 17, 1975, p. 23239; June 16, 1976, pp.
    18666-67). 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 (Procedure, ch. 25, sec. 6.3; July 28,
    1980, pp. 19924-25). The mere recitation in an amendment that a
    determination is to be made pursuant to existing laws and regulations,
    absent a citation to the law imposing such responsibility, is not
    sufficient proof by the proponent of an amendment to overcome a point of
    order that the amendment constitutes legislation (Sept. 16, 1980, pp.
    25606-07). The authorization must be enacted before the appropriation
    may be included in an appropriation bill; thus delaying the availability
    of an appropriation pending enactment of an authorization does not
    protect the item of appropriation against a point of order under this
    clause (Apr. 26, 1972, p. 14455).

    [[Page 632]]
    authorized purpose is in order (July 27, 1954, p. 12287; Oct. 1, 1975,
    p. 31058; June 8, 1977, pp. 17941-42; July 17, 1985, p. 19435), but an
    amendment adding further unauthorized items of appropriation or
    earmarking for another unauthorized purpose or adding legislation in the
    form of new duties or broadening the application of a legislative
    provision permitted to remain to other funds is not in order (Dec. 8,
    1971, p. 45487; Aug. 7, 1978, pp. 24710-12; July 30, 1985, p. 21532;
    July 17, 1986, p. 16918; July 23, 1986, p. 17446; June 26, 1987, p.
    17655; May 25, 1988, p. 12256; June 28, 1988, pp. 16203, 16213). But 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 (June 22,
    1983, p. 16851). An amendment to a general appropriation bill is not
    subject to a point of order as adding legislation if containing,
    verbatim, a legislative provision already contained in the bill and
    permitted to remain (Aug. 27, 1980, p. 23519). Where by unanimous
    consent an amendment is offered en bloc to a paragraph of a general
    appropriation bill containing an unauthorized amount not yet read for
    amendment, the amendment increasing that unauthorized figure is subject
    to a point of order since at that point it is not being offered to a
    paragraph which has been read and permitted to remain (June 21, 1984, p.
    17687). To a legislative provision in a general appropriation bill,
    permitted to remain, exempting cases where the life of the mother would
    be endangered if a fetus were carried to term from a denial of funds for
    abortions, an amendment exempting instead cases where the health of the
    mother would be endangered if the fetus were carried to term was held
    not to constitute further legislation, since determinations on the
    endangerment of life necessarily subsume determinations on the
    endangerment of health, and the amendment did not therefore require any
    different or more onerous determinations (June 27, 1984, p. 19113). The
    inclusion of funds in a general appropriation bill in the form of a
    ``not to exceed'' limitation does not obviate a point of order that the
    funds are not authorized by law (June 21, 1988, p. 15440).
      Where an unauthorized appropriation or legislation is permitted to
    remain in a general appropriation bill by failure to raise or by waiver
    of a point of order, an amendment merely changing that amount and not
    adding legislative language or earmarking separate funds for another un

    [[Page 633]]
    tion for an office created by executive order issued pursuant to the
    Reorganization Plan (June 21, 1974, pp. 20595-96). A resolution of the
    House has been held sufficient authorization for an appropriation for
    the salary of an employee of the House (IV, 3656-3658) even though the
    resolution may have been agreed to only by a preceding House (IV, 3660).
    Previous enactment of items of appropriation unauthorized by law does
    not justify similar appropriations in subsequent bills (VII, 1145, 1150,
    1151) unless if through appropriations previously made, a function of
    the government has been established which would bring it into the
    category of continuation of works in progress (VII, 1280), or unless
    legislation in a previous appropriation act has become permanent law
    (May 20, 1964, p. 11422). The omission to appropriate during a series of
    years for an object authorized by law does not repeal the law, and
    consequently an appropriation when proposed is not subject to the point
    of order (IV, 3595). The law authorizing each head of a department to
    employ such numbers of clerks, messengers, copyists, watchmen, laborers,
    and other employees as may be appropriated for by Congress from year to
    year is held to authorize appropriations for those positions not
    otherwise authorized by law (IV, 3669, 3675, 4739); but this law does
    not apply to offices not within departments or not at the seat of
    government (IV, 3670-3674). And a permanent law authorizing the
    President to appoint certain staff, together with legislative provisions
    authorizing additional employment contained in an appropriation bill
    enacted for that fiscal year, constituted sufficient authorization for a
    lump sum supplemental appropriation for the White House for the same
    fiscal year (Nov. 30, 1973, pp. 38854-55). By a general provision of law
    appropriations for investigations and the acquisition and diffusion of
    information by the Agricultural Department on subjects related to
    agriculture are generally in order in the agricultural appropriation
    bill (IV, 3649). It has once been held that this law would authorize
    also appropriations for the instrumentalities of such investigations
    (IV, 3615); but these would not include the organization of a bureau to
    conduct the work (IV, 3651). The law does not authorize general
    investigations by the department (IV, 3652), or cooperation with state
    investigations (IV, 3650; VII, 1301, 1302), or the investigation of
    foods in relation to commerce (IV, 3647, 3648; VII, 1298), or the
    compiling of tests at an exposition (IV, 3653). A paragraph of a general
    appropriation bill both establishing and funding a commission was ruled
    out as constituting legislation and carrying unauthorized appropriations
    (June 29, 1988, p. 16470). A paragraph appropriating funds for matching-
    grants to States was held unauthorized where the authorizing law did not
    require State matching funds (June 28, 1993, p. ----). A paragraph
    funding a project from the Highway Trust Fund was held unauthorized
    where such funding was authorized only from the general fund (Sept. 23,
    1993, p. ----).

    Sec. 836. Authorization of law for
    appropriations.

      The authorization  by existing law required in the rule to justify
    appropriations may be made also by a treaty if it has been ratified by
    both the contracting parties (IV, 3587); however, where existing law
    authorizes appropriations for the U.S. share of facilities to be
    recommended in an agreement with another country containing specified
    elements, an agreement in principle with that country predating the
    authorization law and lacking the required elements is insufficient
    authorization (June 28, 1993, p. ----). An executive order does not
    constitute sufficient authorization in law absent proof of its
    derivation from a statute enacted by Congress authorizing the order and
    expenditure of funds (June 15, 1973, p. 19855; June 25, 1974, p. 21036).
    Thus a Reorganization Plan submitted by the President pursuant to 5
    U.S.C. 906 has the status of statutory law when it becomes effective and
    is sufficient authorization to support an appropria

    [[Page 634]]
    a point of order, where more general existing law authorizes
    appropriations for all of the programs proposed to be modified by new
    legislation pending before Congress (June 8, 1978, p. 16778). But
    whether organic statutes or general grants of authority in law
    constitute sufficient authorization to support appropriations depends on
    whether the general laws applicable to the function or department in
    question require specific and/or annual authorizations. For example, 22
    U.S.C. 2680(a)(1) provides that no funds are available to the Department
    of State for obligation or expenditure unless appropriations therefor
    have been authorized by law enacted after February, 1972; thus
    appropriations for direct operations of that Department and for related
    functions violate clause 2 of rule XXI absent enactment of specific
    authorizations for the fiscal year in question (June 14, 1978, p.
    17616). Similar statutes pertain to the Department of Justice and
    related agencies and bureaus (June 14, 1978, p. 17622), the National
    Bureau of Standards (June 14, 1978, p. 17626), the Federal Trade
    Commission (June 14, 1978, p. 17630), and a variety of other agencies
    (June 14, 1978, pp. 17624-30). An authorization of ``such sums as may be
    necessary'' is sufficient to support any dollar amount, but has no
    tendency to relieve other conditions of the authorization law (June 28,
    1993, p. ----). Where existing law authorizes certain appropriations
    from a particular trust fund without fiscal year limitation, language
    that such an appropriation remain available until expended does not
    constitute legislation (July 15, 1993, p. ----).
      The failure of Congress to enact into law separate legislation
    specifically modifying eligibility requirements for grant programs under
    existing law does not necessarily render appropriations for those
    programs subject to

      Pursuant to clause 9 of rule XLVIII, no funds may be appropriated to
    certain agencies carrying out intelligence and intelligence-related
    activities, unless such funds have been authorized by law for the fiscal
    year in question.

    Sec. 837. Authorization for claims and
    salaries.

      Judgments of  courts certified to Congress in accordance with law or
    authorized by treaty (IV, 3634, 3635, 3644) and audited under authority
    of law have been held to be authorization for appropriations for the
    payment of claims (IV, 3634, 3635). But unadjudicated claims (IV, 3628),
    even though ascertained and transmitted by an executive officer (IV,
    3625-3640), and findings filed under the Bowman Act do not constitute
    authorization (IV, 3643).

    [[Page 635]]
    not in order to provide for an unauthorized office and salary in lieu
    of it (IV, 3680).
      An appropriation for an object not otherwise authorized does not
    constitute authorization to justify a continuance of the appropriation
    another year (IV, 3588, 3589; VII, 1128, 1145, 1149, 1191), and the mere
    appropriation for a salary does not create an office so as to justify
    appropriations in succeeding years (IV, 3590, 3672, 3697), it being a
    general rule that propositions to appropriate for salaries not
    established by law or to increase salaries fixed by law are out of order
    (IV, 3664-3667, 3676-3679). But an exception to these general principles
    is found in the established practice that in the absence of a general
    law fixing a salary the amount appropriated in the last appropriation
    bill has been held to be the legal salary (IV, 3687-3696). A law having
    established an office and fixed a salary, it is

    Sec. 838. Authorizations for public works.

      An  appropriation
    for a public work in excess of a fixed limit of cost (IV, 3583, 3584;
    VII, 1133), or for extending a service beyond the limits assigned by an
    executive officer exercising a lawful discretion (IV, 3598), or by
    actual law (IV, 3582, 3585), or for purposes prohibited by law are out
    of order (IV, 3580, 3581, 3702), as is an appropriation from the Highway
    Trust Fund where the project is specifically authorized from the general
    fund (Sept. 23, 1993, p. ----). But the mere appropriation of a sum ``to
    complete'' a work does not fix a limit of cost such as would exclude
    future appropriations (IV, 3761). A declaration of policy in an act
    followed by specific provisions conferring authority upon a governmental
    agency to perform certain functions is not construed to authorize
    appropriations for purposes germane to the policy but not specifically
    authorized by the act (VII, 1200). A point of order will not lie against
    an amendment proposing to increase a lump sum for public works projects
    where language in the bill limits use of the lump sum appropriation to
    ``projects as authorized by law'' (Procedure, ch. 25, sec. 5.5), but
    where language in the bill limits use of the lump sum both to projects
    ``authorized by laws'' and ``subject, where appropriate, to enactment of
    authorizing legislation,'' that paragraph constitutes an appropriation
    in part for some unauthorized projects and is not in order (June 6,
    1985, p. 14617).

    [[Page 636]]
    (IV, 3704). It has been held that a work has not been begun within the
    meaning of the rule when an appropriation has been made for a site for a
    public building (IV, 3785), or when a commission has been created to
    select a site or when a site has actually been selected for a work (IV,
    3762-3763), or when a survey has been made (IV, 3782-3784). By ``public
    works and objects already in progress'' are meant tangible matters like
    buildings, roads, etc., and not duties of officials in executive
    departments (IV, 3709-3713), or the continuance of a work indefinite as
    to completion and intangible in nature like the gauging of streams (IV,
    3714, 3715). A general system of roads on which some work has been done
    cannot be admitted as a work in progress (VII, 1333), nor can an
    extension of an existing road (Sept. 22, 1993, p. ----). Concerning
    reappropriation for continuation of public works in progress, see
    Sec. 847, infra.

    Sec. 839. Continuation of a public work by
    appropriations.

      The rule  requiring appropriations to be authorized by existing
    law excepts those ``in continuance of appropriations for such public
    works and objects as are already in progress'' (IV, 3578); and the
    ``works in progress'' exception has historically been applied only in
    cases of general revenue funding (Sept. 22, 1993, pp. ----; Sept. 23,
    1993, pp. ----). But an appropriation in violation of existing law or to
    extend a service beyond a fixed limit is not in order as the continuance
    of a public work (IV, 3585, 3702-3724; VII, 1332; Sept. 23, 1993, pp. --
    --; June 8, 1983, Deschler's Precedents, vol. 8, ch. 26, sec. 8.9).
    Where existing law (40 U.S.C. 606) specifically prohibits the making of
    an appropriation to construct or alter any public building involving
    more than $500,000 unless approved by the House and Senate Public Works
    Committees, an appropriation for such purposes not authorized by both
    committees is out of order notwithstanding the ``works in progress''
    exemption, since the law specifically precludes the appropriation from
    being made (June 8, 1983, p. 14855). An appropriation from the Highway
    Trust Fund for an ongoing project was held not in order under the
    ``works in progress'' exception where the Internal Revenue Code
    ``occupied the field'' with a comprehensive authorization scheme not
    embracing the specified project (Sept. 22, 1993, pp. ----; Sept. 23,
    1993, pp. ----). Interruption of a work does not necessarily remove it
    from the privileges of the rule (IV, 3705-3708); but the continuation of
    the work must not be so conditioned in relation to place as to become a
    new work

    [[Page 637]]

    Sec. 840. Examples illustrating the continuation of a
    public work.

      Thus the  continuation of the following works has been admitted: A
    topographical survey (IV, 3796, 3797; VII, 1382), a geological map (IV,
    3795), marking of a boundary line (IV, 3717), marking graves of soldiers
    (IV, 3788), a list of claims (IV, 3717), and recoinage of coins in the
    Treasury (IV, 3807); but the following works have not been admitted:
    Investigation of materials, like coal (IV, 3721), scientific
    investigations (IV, 3719; VII, 1345), duties of a commission (IV, 3720;
    VII, 1344), extension of foreign markets for goods (IV, 3722), printing
    of a series of opinions indefinite in continuance (IV, 3718), free
    evening lectures in the District of Columbia (IV, 3789), certain ongoing
    projects from the Highway Trust Fund (Sept. 22, 1993, pp. ----; Sept.
    23, 1993, pp. ----), extension of an existing road (Sept. 22, 1993, p.
    ----), continuation of an extra compensation for ordinary facility for
    carrying the mails (IV, 3808), although the continuation of certain
    special mail facilities has been admitted (IV, 3804-3806). But
    appropriations for rent and repairs of buildings or Government roads
    (IV, 3793, 3798) and bridges (IV, 3803) have been admitted as in
    continuation of a work (IV, 3777, 3778), although it is not in order as
    such to provide for a new building in place of one destroyed (IV, 3606).
    Nor is it in order to repair paving adjacent to a public building but in
    a city street, although it may have been laid originally by the
    Government (IV, 3779). The purchase of adjoining land for a work already
    established has been admitted under this principle (IV, 3766-3773) and
    also additions to existing buildings in cases where no limits of cost
    have been shown (IV, 3774, 3775). But the purchase of a separate and
    detached lot of land is not admitted (IV, 3776). The continuation of
    construction at the Kennedy Library, a project owned by the United
    States and funded by a prior year's appropriation, has been admitted
    notwithstanding the absence of any current authorization (June 14, 1988,
    p. 14335). A provision of law authorizing Commissioners of the District
    of Columbia to take over and operate the fish wharves of the city of
    Washington was held insufficient authority to admit an appropriation for
    reconstructing the fish wharf (VII, 1187).

    Sec. 841a. New buildings at existing
    institutions as in continuance of a public work.

      Appropriations for  new buildings at
    Government institutions have sometimes been admitted (IV, 3741-3750)
    when intended for the purposes of the institution (IV, 3747); but later
    decisions, in view of the indefinite extent of the practice made
    possible by the early decisions, have ruled out propositions to
    appropriate for new buildings in navy yards (IV, 3755-3759) and other
    establishments (IV, 3751-3754). Appropriations for new schoolhouses in
    the District of Columbia (IV, 3750; VII, 1358), for new Army hospitals
    (IV, 3740), for new lighthouses (IV, 3728), armor-plate factories (IV,
    3737-3739), and for additional playgrounds for children in the District
    of Columbia (IV, 3792) have also been held not to be in continuation of
    a public work.

    Sec. 841b. New vessel for naval and other services
    as in continuation of a public work.

      By a former  broad construction of the rule an
    appropriation of a new and not otherwise authorized vessel of the Navy
    had been held to be a continuance of a public work (IV, 3723, 3724); but
    this line of decisions has been overruled (VII, 1351; Chairman Lehlbach,
    Jan. 22, 1926, p. 2621). While appropriations for new construction and
    procurement of aircraft and equipment for the Navy are not in order,
    appropriations for continuing experiments and development work on all
    types of aircraft are in order (Chairman Lehlbach, Jan. 22, 1926, p.
    2623). This former interpretation was confined to naval vessels, and did
    not apply to vessels in other services, like the Coast and Geodetic
    Survey or Lighthouse Service (IV, 3725, 3726), or to floating or
    stationary dry docks (IV, 3729-3736). The construction of a submarine
    cable in extension of one already laid was held not to be the
    continuation of a public work (IV, 3716), but an appropriation for the
    Washington-Alaska military cable has been held in order (VII, 1348).

    [[Page 638]]
    1993, p. ----). Existing law may be repeated verbatim in an
    appropriation bill (IV, 3814, 3815), but the slightest change of the
    text causes it be ruled out (IV, 3817; VII, 1391, 1394; June 4, 1970, p.
    18405). It is in order to include language descriptive of authority
    provided in law for the operation of government agencies and
    corporations so long as the description is precise and does not change
    that authority in any respect (June 15, 1973, pp. 19843-44; Aug. 3,
    1978, p. 24249); and while language merely reciting the applicability of
    current law to the use of earmarked funds is permitted, an amendment
    that elevates existing guidelines to mandates for spending has been
    ruled out (July 12, 1989, p. 14432). Although the object to be
    appropriated for may be described without violating the rule (IV, 3864),
    an amendment proposing an appropriation under a heading that indicates
    an unauthorized purpose as its object has been ruled out (Oct. 29, 1991,
    p. ----). The fact that an item has been carried in appropriation bills
    for many years does not exempt it from a point of order as being
    legislation (VII, 1445, 1656). The reenactment from year to year of a
    law intended to apply during the year of its enactment only is not
    relieved, however, from the point that it is legislation (IV, 3822).

    Sec. 842a. Legislation on appropriation bills
    generally.

      The provision of  the rule forbidding in any general appropriation bill a
    ``provision changing existing law'' is construed to mean the enactment
    of law where none exists (IV, 3812, 3813), such as permitting funds to
    remain available until expended or beyond the fiscal year covered by the
    bill, where existing law permits no such availability (Aug. 1, 1973, pp.
    27288-89), or immediately upon enactment (July 29, 1986, p. 17981; June
    28, 1988, p. 16255) or merely permits availability to the extent
    provided in advance in appropriation Acts but not explicitly beyond the
    fiscal year in question (July 21, 1981, p. 16687). Language waiving the
    provisions of existing law where the law being waived permits exceptions
    therefrom to be contained in appropriation laws but not in appropriation
    bills (Nov. 13, 1975, p. 36271), has been ruled out, as has language
    identical to that contained in an authorization bill previously passed
    by the House but not yet signed into law (Aug. 4, 1978, p. 24436), or a
    proposition for repeal of existing law (VII, 1403). Although clause 2(b)
    permits the Committee on Appropriations to report rescissions of
    appropriations, an amendment proposing a rescission constitutes
    legislation under clause 2(c) (May 26,

      Limits of cost for public works may not be made or changed (IV, 3761,
    3865-3867; VII, 1446), or contracts authorized (IV, 3868-3870; May 14,
    1937, p. 4595).

      The Chair may examine legislative history established during debate on
    an amendment against which a point of order has been reserved to resolve
    any ambiguity therein when ruling on the eventual point of order (June
    14, 1978, p. 17651), and may inquire after its author's intent when
    attempting to construe an ambiguous amendment (Oct. 29, 1991, p. ----).

    Sec. 842b. Contingencies and congressional
    actions.

      An  amendment making an appropriation contingent upon a
    recommendation (June 27, 1979, pp. 17054-55) or action not specifically
    required by law (July 23, 1980, pp. 19295-97; July 29, 1980, pp. 20098-
    200100) is legislation. For example, where existing law requires an
    agency to furnish certain information to congressional committees upon
    request, without a subpoena, it is not in order on an appropriation bill
    to make funding for that agency contingent upon its furnishing
    information to subcommittees upon request (July 29 and July 30, 1980,
    pp. 20475-76), or contingent upon submission of an agreement by a
    Federal official to Congress and Congressional review thereof (July 31,
    1986, p. 18370). Similarly, it is not in order on a general
    appropriation bill to condition funds on legal determinations to be made
    by a federal court and an executive department (June 28, 1988, p. 16261;
    see Deschler's Precedents, vol. 8, ch. 26, sec. 47.2).

    [[Page 639]]
    concurrent resolutions of the Congress, was legislation imposing new
    requirements of further legislative action. On May 15, 1947 (p. 5378),
    the Chair ruled out as legislation an amendment providing that a certain
    appropriation did not grant authority for a certain use of funds unless
    specific approval of Congress was subsequently granted. Two subsequent
    rulings upholding the admissibility of amendments making the
    availability of funds in a general appropriation bill contingent upon
    subsequent Congressional action (June 11, 1968, p. 16692; Sept. 6, 1979,
    pp. 23360-61) have, in turn, been superseded by four more recent
    rulings. On November 18, 1981 (p. 28064), a provision making the
    availability of certain funds contingent upon subsequent Congressional
    action on legislative proposals resolving the policy issue was held to
    constitute legislation; on November 2, 1983 (p. 30503), an amendment to
    a general appropriation bill making the availability of funds therein
    contingent upon subsequent enactment of legislation containing specified
    findings was ruled out as legislation requiring new legislative and
    executive branch policy determinations not required by law; on June 29,
    1987 (p. 18083), an amendment changing a permanent appropriation in
    existing law to restrict its availability until all general
    appropriation bills are presented to the President was held to
    constitute legislation; and on June 27, 1994 (p. ----), an amendment
    limiting funds in the bill for certain peacekeeping operations unless
    authorized by Congress was held to constitute legislation.
      Amendments making the availability of funds in a general appropriation
    bill contingent upon subsequent Congressional action have, under the
    most recent precedents, been ruled out as legislation. On June 30, 1942
    (p. 5826) the Chair ruled that an amendment prohibiting the availability
    of funds to enforce certain executive orders, unless those orders were
    approved by

      It is not in order on a general appropriation bill to require a
    congressional committee to promulgate regulations to limit the use of an
    appropriation (June 13, 1979, pp. 14670-71), or otherwise to direct the
    activities of a committee (June 24, 1992, p. ---- and ----); nor is it
    in order to direct the Selective Service Administration to issue
    regulations to bring its classifications into conformance with a Supreme
    Court decision (July 20, 1989, p. 15405). Also a proposition to change a
    rule of the House is subject to the point of order (IV, 3819). A
    provision constituting Congressional disapproval of a deferral of budget
    authority proposed by the President pursuant to the Impoundment Control
    Act is not in order if included in a general appropriation bill rather
    than in a separate resolution of disapproval under that Act (July 29,
    1982, pp. 18625, 18626). An amendment making the availability of funds
    in a general appropriation bill contingent upon a substantive
    determination by a state or local government official or agency which is
    not otherwise required by existing law has been ruled out as legislation
    (July 25, 1985, p. 20569).

    [[Page 640]]
    In interpreting the responsibilities imposed upon Federal officials by
    existing law to determine whether an amendment constitutes a change in
    that law, the Chair may take into account the fact that Federal court
    rulings have not been uniform or finally dispositive of procedural
    duties mandated by the Constitution, as in the case of the requirement
    of a search warrant, based on probable cause, for an inspection by an
    administrative and regulatory agency (June 16, 1977, pp. 19365-74; June
    7, 1978, p. 16676).

    Sec. 842c. Construing or amending existing
    law.

      A provision  proposing to construe existing law is in itself a proposition of
    legislation and therefore not in order (IV, 3936-3938; May 2, 1951, pp.
    4747-48; July 26, 1951, p. 8982), but while a limitation on the use of
    funds may require executive officers to construe the language of that
    limitation 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
    (June 27, 1974, pp. 21687-94).

      An amendment which does not limit or restrict the use or expenditure
    of funds in the bill, but which expresses the sense of Congress that
    reductions in appropriations in other bills should reflect the
    proportionate reductions made in the pending bill (Oct. 21, 1990, p. --
    --) or directs the way in which all provisions in the bill must be
    interpreted or construed, is legislation (Aug. 27, 1980, p. 23535; May
    17, 1988, p. 11305), although it has been held in order to except from
    the operation of a specific limitation on expenditures, certain of those
    expenditures which are authorized by law, by prohibiting a construction
    of the limitation in a way which would prevent compliance with that law
    (Mar. 24, 1944, p. 3095; June 18, 1991, p. ----). The mere recitation in
    an amendment that a determination is to be made pursuant to existing
    laws and regulations, absent a citation to the law imposing such
    responsibility, is not sufficient proof by the proponent of an amendment
    to overcome a point of order that the amendment constitutes legislation
    (Sept. 16, 1980, pp. 25606-07; May 8, 1986, p. 10156). An amendment
    denying the use of funds for the Treasury Department to apply certain
    provisions of the Internal Revenue Code other than under regulations and
    court decisions in effect on a prior date is legislation since requiring
    an official to apply interpretations no longer current in order to
    render an appropriation available (June 7, 1978, p. 16655; Aug. 19,
    1980, pp. 21978-80). A paragraph of a general appropriation bill
    changing existing law concerning federal diversity jurisdiction is
    legislation (July 1, 1987, p. 18638).

    [[Page 641]]
    the proponent can show that the new duties are merely incidental to
    functions already required by law and do not involve substantive new
    determinations (July 26, 1985, p. 20807). Where an amendment to or
    language in a general appropriation bill implicitly places new duties on
    officers of the government or implicitly requires them to make
    investigations, compile evidence, or make judgments and determinations
    not otherwise required of them by law, such as to judge intent or
    motives, then it assumes the character of legislation and is subject to
    a point of order (July 31, 1969, pp. 21653, 21675, where the words ``in
    order to overcome racial imbalance'' were held to impose additional
    duties, and Nov. 30, 1982, p. 28062, where the words ``to interfere
    with'' the rulemaking authority of any regulatory agency were held to
    implicitly require the Office of Management and Budget to make
    determinations not discernibly required by law in evaluating and
    executing its responsibilities). An amendment authorizing the President
    to reduce each appropriation in the bill by not more than ten percent
    was ruled out as legislation conferring new authority on the President
    (May 31, 1984, p. 14617; June 6, 1984, p. 15120). A limitation on the
    use of funds, or an exception therefrom, may not be accompanied by
    language stating or requiring a finding of a motive or purpose in
    carrying out the limitation (Aug. 8, 1978, pp. 24969-70; July 22, 1980,
    pp. 19087-88; Sept. 16, 1980, p. 25604; Sept. 22, 1981, p. 21577). 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
    is legislation, since requiring federal officials to make new
    determinations and judgments not required of them by law, regardless
    whether private or State officials administering the funds in question
    routinely make such determinations (June 17, 1977, p. 1969; June 30,
    1993, p. ----). The fact that such a provision relating to abortion
    funding may have been included in appropriation Acts in prior years
    applicable to funds in those laws does not permit the inclusion of
    similar language requiring such determinations, not required by law,
    with respect to funds for the fiscal year in question (Sept. 22, 1983,
    p. 25406); and where the provision, applicable to federal funds, was
    permitted to remain in a bill (no point of order having been made), an
    amendment striking the word ``Federal,'' and thereby broadening the
    provision to include District of Columbia funds as well, was ruled out
    (Nov. 15, 1989, p. 29004). But to such a provision permitted to remain
    in a general appropriation bill, an amendment exempting instead cases
    where the health of the mother would be endangered if the fetus were
    carried to term was held not to constitute further legislation by
    requiring any different or more onerous determinations (June 27, 1984,
    p. 19113). An amendment prohibiting the use of funds in an appropriation
    bill for the General Services Administration to dispose of U.S.-owned
    ``agricultural'' land declared surplus was ruled out as legislation,
    since the determination whether surplus lands are ``agricultural'' was
    not required by law (Aug. 20, 1980, pp. 22156-58); but a limitation
    precluding funds for any transit project exceeding a specified cost-
    effectiveness index was held not to impose new duties where the

    [[Page 642]]
    Chair was persuaded that the limitation applied to projects for which
    indexes were already required by law (Sept. 23, 1993, p. ----). The fact
    that an executive official may have been directed by an executive order
    to consult another executive official prior to taking an action does not
    permit inclusion of language directing the official being consulted to
    make determinations not specifically required by law (July 22, 1980, pp.
    19087-88).

    Sec. 842d. Imposing duties or requiring
    determinations.

      Propositions to  establish affirmative directions for executive
    officers (IV, 3854-3859; VII, 1443; July 31, 1969, p. 21675; June 18,
    1979, pp. 15286-87; July 1, 1987, pp. 18654 and 18655; June 27, 1994, p.
    ----), even in cases where they may have discretion under the law so to
    do (IV, 3853; June 4, 1970, p. 18401; Aug. 8, 1978, pp. 24959-60), or to
    affirmatively take away an authority or discretion conferred by law (IV,
    3862, 3863; VII, 1975; Mar. 30, 1955, pp. 4065-66; June 21, 1974, p.
    20600; July 31, 1985, p. 21909), are subject to the point of order.
    While any limitation in an appropriation bill (see Sec. 483, supra)
    places some minimal duties on federal officials, who must determine the
    effect of such a limitation on appropriated funds, an amendment or
    language in an appropriation bill may not impose additional duties, not
    required by law, or make the appropriation contingent upon the
    performance of such duties (May 28, 1968, p. 15350). Language in the
    form of a conditional limitation requiring determinations by Federal
    officials will be held to change existing law unless

      An amendment limiting use of funds in a bill may not condition the
    availability of funds or the exercise of contract authority upon an
    interpretation of local law where that interpretation is not required by
    existing law (July 17, 1981, p. 16327); may not require new
    determinations of full Federal compliance with mandates imposed upon
    States (July 22, 1981, p. 16829); may not require the evaluation of the
    theoretical basis of a program (July 22, 1981, p. 16822); may not
    require new determinations of propriety or effectiveness (Oct. 6, 1981,
    p. 23361; May 25, 1988, p. 12275), or satisfactory quality (Aug. 1,
    1986, p. 18647) or incorporate by reference determinations already made
    in administrative processes not affecting programs funded by the bill
    (Oct. 6, 1981, p. 23361); may not require new determinations of rates of
    interest payable (July 29, 1982, p. 18624; Dec. 9, 1982, p. 29691); may
    not apply standards of conduct to foreign entities where existing law
    requires such conduct only by domestic entities (July 17, 1986, p.
    16951); may not require the enforcement of a standard where existing law
    only requires inspection of an area (July 30, 1986, p. 18189); may not
    prohibit the availability of funds for the purchase of ``nondomestic''
    goods and services (Sept. 12, 1986, p. 23178); may not mandate
    contractual provisions (May 18, 1988, p. 11389); may not authorize the
    adjustment of wages of government employees (June 21, 1988, p. 15451;
    Apr. 26, 1989, p. 7525) or permit an increase in Members' office
    allowances only ``if requested in writing'' (Oct. 21, 1990, p. ----);
    may not convert an existing legal prerequisite for the issuance of a
    regulatory permit into a prerequisite for even the preliminary
    processing of such a permit (July 22, 1992, p. ----); may not mandate
    reductions in various appropriations by a variable percentaage
    calculated in relation to ``overhead'' (Deschler's Precedents, vol. 8,
    ch. 26, sec. 5.6; June 24, 1992, p. ----); and may not require an agency
    to investigate and determine whether private airports are collecting
    certain fees for each enplaning passenger (Sept. 23, 1993, p. ----).
    However, an amendment limiting use of funds in the bill may deny the
    availability of funds in situations where certain information is
    ``already known'' (VII, 1695; see also Aug. 1, 1989, p. ----, and June
    22, 1995, p. ----, where motions to recommit with ``made known''
    limitations were ruled out as proposing limitations not considered by
    the Committee of the Whole rather than as proposing changes in existing
    law).

    [[Page 643]]
    ity (Mar. 12, 1975, p. 6338), as in an amendment requiring not less
    than a certain sum to be used for a particular purpose where existing
    law does not mandate such expenditure (June 18, 1976, p. 19297; July 29,
    1982, p. 18623), or where an amendment earmarks appropriated funds to
    the arts to require their expenditure pursuant to standards otherwise
    applicable only as guidelines (July 12, 1989, p. 14432). Where existing
    law directed a federal official to provide for sale of certain
    government property to a private organization in ``necessary'' amounts,
    an amendment providing that no such property be withheld from
    distribution from qualifying purchasers is legislation, since requiring
    disposal of all property and restricting discretionary authority to
    determine ``necessary'' amounts (Aug. 7, 1978, p. 24707). An amendment
    directing the use of funds to assure compliance with an existing law,
    where existing law does not so mandate, also is legislation (June 24,
    1976, p. 20370). So-called ``hold-harmless'' provisions which mandate a
    certain level of expenditure for certain purposes or recipients, where
    existing law confers discretion or makes ratable reductions in such
    expenditures, also constitute legislation (Apr. 16, 1975, p. 10357; June
    25, 1976, p. 20557). A transfer of available funds from one Department
    to another with directions as to the use to which those funds must be
    put is legislation (and also a reappropriation in violation of clause 6
    of this rule) (Dec. 8, 1982, p. 29449). A provision requiring States to
    match funds provided in an appropriation bill was held to constitute
    legislation where existing law contained no such requirement (June 28,
    1993, p. ----).

    Sec. 842e. Mandating expenditures.

      A provision  which
    mandates a distribution of funds in contravention of an allocation
    formula in existing law is legislation (July 29, 1982, pp. 18637, 18638;
    Oct. 5, 1983, p. 27335; Aug. 2, 1989, p. 18123), as is an amendment
    which by such a mandate interferes with an executive official's
    discretionary author

    [[Page 644]]
    was held to be perfecting (July 30, 1990, p. ----); but striking the
    date and inserting a new trigger (the enactment of other legislation),
    was held to be additional legislation (July 30, 1990, p. ----).

    Sec. 842f. Waivers; amending legislation permitted
    to remain.

      The House  may, by agreeing to a report from the Committee on Rules or
    by adopting an order under suspension of the rules, allow legislation on
    general appropriation bills (IV, 3260-3263, 3839-3845). A paragraph
    which proposes legislation or an unauthorized appropriation being
    permitted to remain, by special order or by failure to raise a point of
    order, may be perfected by germane amendment (IV, 3823-3835, 3838; VII,
    1405, 1413-1415; June 9, 1954, pp. 5963-64; Sept. 11, 1985, p. 23398;
    June 14, 1988, p. 14341), but this does not permit an amendment which
    adds additional legislation (IV, 3836, 3837, 3862; VII, 1402-1436; Dec.
    9, 1971, pp. 4595-96; Aug. 1, 1973, pp. 27291-92; June 10, 1977, p.
    1802; June 28, 1988, pp. 16203, 16213; Aug. 2, 1989, p. 18172; Nov. 15,
    1989, p. 29004), or earmarks for unauthorized purposes (July 17, 1985,
    p. 19435; July 17, 1986, p. 16918), or earmarks by directing a new use
    of funds not required by law (July 26, 1985, pp. 20811, 20813), or
    indirectly increases an unauthorized amount by adding to that amnount
    with new language at another portion of the bill (July 12, 1995, p. ----
    ). An amendment to a general appropriation bill is not subject to a
    point of order as adding legislation if containing, verbatim, a
    legislative provision already contained in the bill and permitted to
    remain (Aug. 27, 1980, p. 23519). To a paragraph permitted to remain
    though containing a legislative proviso restricting the obligation of
    funds until a date within the fiscal year, an amendment striking the
    delimiting date, thus applying the restriction for the entire year,

    Sec. 842g. Senate amendments.

      The principle  seems to be
    generally well accepted that the House proposing legislation on a
    general appropriation bill should recede if the other House persists in
    its objection (IV, 3904-3908), and clause 2 of rule XX (Sec. 829, supra)
    prohibits House conferees from agreeing to a Senate amendment which
    proposes legislation on an appropriation bill without specific authority
    from the House. But where a Senate amendment proposing legislation on a
    general appropriation bill is, pursuant to the edict of clause 2 of rule
    XX, reported back from conference in disagreement, a motion to concur in
    the Senate amendment with a further amendment is in order, even if the
    proposed amendment adds legislation to that contained in the Senate
    amendment, and the only test is whether the proposed amendment is
    germane to the Senate amendment reported in disagreement (IV, 3909;
    VIII, 3188, 3189; Speaker McCormack, Dec. 15, 1970, pp. 41504-05; Aug.
    1, 1979, pp. 22007-11; Speaker O'Neill, Dec. 12, 1979, pp. 35520-21;
    June 30, 1987, p. 18308).

    Sec. 843a. Limitations on appropriation bills
    generally.

      Although the  rule forbids on any general appropriation bill a provision
    ``changing existing law,'' which is construed to mean legislation
    generally, the practice of the House has established the principle that
    certain ``limitations'' may be admitted. Just as the House may decline
    to appropriate for a purpose authorized by law, so may it by limitation
    prohibit the use of the money for part of the purpose while
    appropriating for the remainder of it (IV, 3936; VII, 1595). The
    language of the limitation provides that no part of the appropriation
    under consideration shall be used for a certain designated purpose (IV,
    3917-3926; VII, 1580). And this designated purpose may reach the
    question of qualifications, for while it is not in order to legislate as
    to the qualifications of the recipients of an appropriation the House
    may specify that no part of the appropriation shall go to recipients
    lacking certain qualifications (IV, 3942-3952; VII, 1655; June 4, 1970,
    pp. 18412-13; June 27, 1974, p. 21662; Oct. 9, 1974, p. 34712; June 9,
    1978, p. 16990). The limitation must apply solely to the money of the
    appropriation under consideration (VII, 1597, 1600, 1720; Feb. 26, 1958,
    p. 2895), and may not be made applicable to money appropriated in other
    acts (IV, 3927, 3928; VII, 1495, 1525; June 28, 1971, pp. 22442-43; June
    27, 1974, pp. 21670-72; May 13, 1981, p. 9663), and may not require
    funds available to an agency in any future fiscal year for a certain
    purpose be subject to limitations specified in advance in appropriations
    Acts (May 8, 1986, p. 10156). A restriction on authority to incur
    obligations is legislative in nature and not a limitation on funds (July
    13, 1987, p. 19507; Sept. 23, 1993, p. ----).

    [[Page 645]]
    on Appropriations from limiting their availability to the fiscal year
    covered by the bill unless existing law mandates availability beyond the
    fiscal year (June 25, 1974, p. 21040; see also Procedure, ch. 25, secs.
    9-17). The fact that a provision would constitute legislation for only a
    year does not make it a limitation in order under the rule (IV, 3936).
    Nor may a proposition to construe a law be admitted (IV, 3936-3938).
    Care should also be taken that the language of limitation be not such
    as, when fairly construed, would change existing law (IV, 3976-3983) or
    justify an executive officer in assuming an intent to change existing
    law (IV, 3984; VII, 1706). Although the Committee on Appropriations may
    include in a general appropriation bill language not in existing law
    limiting the use of funds in the bill, if such language also constitutes
    an appropriation it must be authorized by law (June 21, 1988, p. 15439).
      The fact that existing law authorizes funds to be available until
    expended or without regard to fiscal year limitation does not prevent
    the Committee

    Sec. 843b. Effect of limitation on executive
    discretion.

      The limitation  may not be applied directly to the official functions of
    executive officers (IV, 3957-3966; VII, 1673, 1678, 1685), but it may
    restrict executive discretion so far as this may be done by a simple
    negative on the use of the appropriation (IV, 3968-3972; VII, 1583,
    1653, 1694; Sept. 14, 1972, pp. 30749-50; June 21, 1974, pp. 20601-02;
    Oct. 9, 1974, p. 34716). An appropriation may be withheld from a
    designated object by a negative limitation on the use of funds, although
    contracts may be left unsatisfied thereby (IV, 3987; July 10, 1975, p.
    22005); but coupling a denial of an appropriation with a negative
    restriction on official duties constitutes by reason of the use of a
    double negative an affirmative direction and is not in order (VII, 1690-
    1692). Similarly, using a double negative to limit the availability of
    funds to prohibit the obligation of funds for an unauthorized project
    (effectively authorizing an unauthorized project) is not in order (Sept.
    23, 1993, p. ----).

      But such limitations must not give affirmative directions (IV, 3854-
    3859, 3975; VII, 1637), and must not impose new duties upon an executive
    officer (VII, 1676; June 11, 1968, p. 16712; July 31, 1969, pp. 21631-
    33); and may not directly interfere with discretionary authority in law
    by establishing a level of funding below which expenditures may not be
    made (VII, 1704; July 20, 1978, p. 21856).

    [[Page 646]]
    to the extent of its denial of availability of funds (VII, 1694; Oct.
    9, 1974, p. 34716).
      In construing a proposed limitation, if the Chair finds the purpose to
    be legislative, in that the intent is to restrict executive discretion
    to a degree that may be fairly termed a change in policy rather than a
    matter of administrative detail, he should sustain the point of order,
    as where a limitation is accompanied by language stating a legislative
    motive or purpose in carrying out the limitation (Aug. 8, 1978, p.
    24969), or where existing law and the Constitution require a census to
    be taken of all persons and an amendment seeks to preclude the use of
    funds to exclude another class ``known'' to the Secretary (Aug. 1, 1989,
    p. 17156). However, language in a general appropriation bill may, by
    negatively refusing to include funds for all or part of an authorized
    executive function, thereby affect policy

      It is not in order, even by language in the form of a limitation, to
    restrict not the use or amount of appropriated funds but the
    discretionary authority conferred by law to administer their
    expenditure, such as by limiting the percentage of funds that may be
    apportioned for expenditure within a certain period of time (Deschler's
    Precedents, vol. 8, ch. 26, sec. 51.23), or by precluding the obligation
    of certain funds in the bill until funds provided by another Act have
    been obligated (Deschler's Precedents, vol. 8, ch. 26, sec. 48.8). The
    burden is on the proponent to show that such a proposal does not change
    existing law by restricting the timing of the expenditure of funds
    rather than their availability for specified objects (Deschler's
    Precedents, vol. 8, ch. 26, secs. 64.23 and 80.5).

      As long as a limitation on the use of funds restricts the expenditure
    of Federal funds carried in the bill without changing existing law, the
    limitation is in order, even if the Federal funds in question are
    commingled with non-Federal funds which would have to be accounted for
    separately in carrying out the limitation (Aug. 20, 1980, pp. 22171-72).
    An amendment providing that no Federal funds provided in the District of
    Columbia general appropriation bill be used to perform abortions is not
    legislation, since Federal officials have the responsibility to account
    for all appropriations for the annual Federal payment and for
    disbursement of all taxes collected by the District of Columbia,
    pursuant to the D.C. Code (July 17, 1979, p. 19066).

    [[Page 647]]
    amendment prohibiting the use of funds to carry out any ruling of the
    Internal Revenue Service which rules that taxpayers are not entitled to
    certain charitable deductions was held in order as a limitation, since
    merely descriptive of an existing ruling already promulgated and not
    requiring any new determinations as to the applicability of the
    limitation to other categories of taxpayers (July 16, 1979, pp. 18808-
    10). An amendment 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 (June 18, 1980,
    pp. 15355-56). A limitation precluding funds for any transit project
    exceeding a specified cost-effectiveness index was held not to impose
    new duties where the Chair was persuaded that the limitation applied to
    projects for which indexes were already required by law (Sept. 23, 1993,
    p. ----). A limitation precluding the use of funds to enforce FAA
    regulations to require domestic air carriers to surrender more than a
    specified number of ``slots'' at a given airport in preference of
    international air carriers was held not to impose new duties on FAA
    officials because existing regulations already required the FAA to
    determine the origin of withdrawn slots (Sept. 23, 1993, p. ----). An
    exception stating that the limitation does not prohibit the use of funds
    for designated Federal activities which are already authorized by law in
    more general terms, was held in order as not containing legislation
    (June 27, 1979, pp. 17033-35), as was an exception from a valid
    limitation prohibiting construction of that limitation in such a way as
    to prevent funding of a particular authorized activity (Mar. 24, 1944,
    p. 3095; June 18, 1991, p. ----). The following amendments also have
    been in order: denying use of funds to eliminate an existing legal
    requirement for sureties on custom bonds (June 27, 1984, p. 19101);
    denying use of funds by any federal official in any manner which would
    prevent a provision of existing law from being enforced (relating to
    import restrictions) (June 27, 1984, p. 19101); and denying use of funds
    for any reduction in Customs Service regions or for any consolidation of
    Customs Service offices (June 27, 1984, p. 19102). An amendment in the
    form of a limitation prohibiting the use of funds in a general
    appropriation bill for the construction of certain facilities unless
    such construction were subject to a project agreement was held not in
    order during the reading of the bill, even though existing law directed
    federal officials to enter into such project agreements, on the ground
    that limitation amendments are in order during the reading only where
    existing law requires or permits the inclusion of limiting language in
    an appropriation Act, and not merely where the limitation is alleged to
    be ``consistent with existing law'' (June 28, 1988, p. 16267).
    Similarly, language in a general appropriation bill containing an
    averment necessary to qualify for certain scorekeeping under the Budget
    Act was conceded to be legislation (July 20, 1989, p. 15374), even
    though the Budget Act contemplates that expenditures may be mandated to
    occur before or following a fiscal period

    [[Page 648]]
    if the law making those expenditures specifies that the timing is the
    result of a ``significant'' policy change (July 20, 1989, p. 15374).

    Sec. 843c. Limitations consistent with existing
    law.

      An amendment  denying the use of funds in the bill to pay the salaries of
    federal officials who perform certain functions under existing law is a
    proper limitation if the description of those duties precisely follows
    existing law and does not require them to perform new duties (June 24,
    1976, p. 20373), just as an amendment denying such funds to a Federal
    official not in compliance with an existing law which he is charged with
    enforcing is a valid limitation placing no new duties on that Federal
    official (Sept. 10, 1981, p. 20110). The fact that a limitation on the
    use of funds may indirectly interfere with an executive official's
    discretionary authority by denying the use of funds (June 24, 1976, p.
    20408) or may impose certain incidental burdens on executive officials
    (Aug. 25, 1976, p. 27737) does not destroy the character of the
    limitation as long as it does not directly amend existing law and is
    descriptive of functions and findings already required to be undertaken
    by existing law. As it is in order by way of a limitation to deny the
    use of funds for implementation of an executive order, an amendment
    precisely describing the contents of the executive order does not
    constitute legislation solely for that reason (Mar. 16, 1977, p. 7748).
    And the fact that the regulation for which funds are denied may have
    been promulgated pursuant to court order and pursuant to constitutional
    provisions is an argument on the merits of the amendment and does not
    render it legislative in nature (Aug. 19, 1980, pp. 21981-84). An

                   ``holman rule'' on retrenching expenditures

    Sec. 844a. Legislation reducing
    expenditures.

      Decisions under  the so-called ``Holman Rule'' in clause 2 of rule XXI
    have been rare in the modern practice of the House. The trend in
    construing language in general appropriation bills or amendments thereto
    has been to minimize the importance of the ``Holman Rule'' in those
    cases where the decision can be made on other grounds. The practice of
    using limitations in appropriation bills has been perfected in recent
    years so that most modern decisions by the Chair deal with distinctions
    between such limitations and matters which are deemed to be legislation
    (see Secs. 842 and 843, supra). Under the modern practice, the
    ``Holman Rule'' only applies where an obvious reduction is achieved by
    the provision in question and does not apply to limiting language
    unaccompanied by a reduction of funds in the bill (July 16, 1979, pp.
    18808-10). It has no application to an amendment to an appropriation
    bill which does not legislate but is merely a negative limitation citing
    but not changing existing law (June 18, 1980, pp. 15355-56).

      A paragraph containing legislation reported in an appropriation bill
    to be in order must on its face show a retrenchment of a type which
    conforms to the requirements of the rule (Chairman Lehlbach, Mar. 17,
    1926, p. 5804).

    [[Page 649]]

      The reduction of expenditure must appear as a necessary result, in
    order to bring an amendment or provision within the exception to the
    rule. It is not sufficient that such reduction would probably, or would
    in the opinion of the Chair, result therefrom (IV, 3887; VII, 1530-
    1534). Thus, an amendment to a general appropriation bill providing that
    appropriations made in that act are hereby reduced by $7 billion, though
    legislative in form, was held in order under the ``Holman Rule''
    exception (Apr. 5, 1966, p. 7689), but an amendment providing for
    certain reductions of appropriations carried in the bill based on the
    President's budget estimates was held not to show a reduction on its
    face and to provide merely speculative reductions (Deschler's
    Precedents, vol. 8, ch. 26, sec. 5.6; June 24, 1992, p. ----). An
    amendment authorizing the President to reduce each appropriation in the
    bill by not more than ten percent was ruled out as legislation
    conferring new authority on the President (May 31, 1984, p. 14617; June
    6, 1984, p. 15120). An amendment reducing an unauthorized amount
    permitted to remain in a general appropriation bill is in order as a
    retrenchment under this clause (Oct. 1, 1975, p. 31058). An amendment to
    a general appropriation bill denying the availability of funds to
    certain recipients but which requires federal officials to make
    additional determinations as to the qualifications of recipients is
    legislation and is not a retrenchment of expenditures where it is not
    apparent that the prohibition will reduce the amounts covered by the
    bill (June 26, 1973, p. 21389).

      The amendment must not only show on its face an attempt to retrench
    but must also be germane to some provision in the bill even though
    offered by direction of the committee having jurisdiction of the subject
    matter of the amendment (VII, 1549; Dec. 16, 1911, p. 442). An amendment
    providing that appropriations ``herein and heretofore made'' shall be
    reduced by $70 million through the reduction of Federal employees as the
    President determines was held to be legislative and not germane to the
    bill, since it went to funds other than those carried therein, and was
    therefore not within the ``Holman Rule'' exception (Oct. 18, 1966, p.
    27425).

      An amendment reducing an amount in an appropriation bill for the
    Postal Service and prohibiting the use of funds therein to implement
    special bulk third-class rates for political committees was held in
    order since not specifically requiring new determination and since
    constituting a retrenchment of expenditures even if assumed to be
    legislative (July 13, 1979, pp. 18453-55).

      As long as an amendment calls for an obvious reduction at some point
    in time during the fiscal year, the amendment is in order under the
    ``Holman Rule'' even if the reduction takes place in the future in an
    amount actually determined when the reduction takes place (for example,
    by formula) (VII, 1491, 1505; July 30, 1980, pp. 20499-20503). To an
    amendment that is in order under the ``Holman Rule,'' containing
    legislation but retrenching expenditures by formula for every agency
    funded by the bill, an amendment exempting from that reduction several
    specific programs does not add further legislation and is in order (July
    30, 1980, pp. 20499-20503).

      A motion to recommit the District of Columbia appropriation bill with
    instructions to reduce the proportion of the fund appropriated from the
    Public Treasury from one-half, as provided in the bill, to one-fourth of
    the entire appropriation is in order, since the effect of the amendment
    if adopted would reduce the expenditure of public money although not
    reducing the amount of the appropriation (VII, 1518).

      The term ``retrenchment'' means the reduction of the amount of money
    to be taken out of the Federal Treasury by the bill, and therefore a
    reduction of the amount of money to be contributed toward the expenses
    of the District of Columbia is in order as a retrenchment (VII, 1502).

      An amendment proposed to an item for the recoinage of uncurrent
    fractional silver, which amendment struck out the amount appropriated
    and added a provision for the coinage of all the bullion in the Treasury
    into standard silver dollars, the cost of such coinage and recoinage to
    be paid out of the Government's seigniorage, was held not to be in order
    under the rule; first, because not germane to the subject matter of the
    bill (the sundry civil); second, because it did not appear that any
    retrenchment of expenditure would result, the seigniorage being the
    property of the Government as other funds in the Treasury (VII, 1547).

    [[Page 650]]
    provide routes and make contracts in certain cases, with the further
    provision ``and the amount of appropriation herein for star routes is
    hereby reduced to $500.'' A point of order made against the first or
    legislative part of the amendment was sustained, which decision was, on
    appeal, affirmed by the committee (VII, 1555).
      To an item of appropriation for inland transportation of mails by star
    routes an amendment was offered requiring the Postmaster General to

      To a clause appropriating for the foreign mail service an amendment
    reducing the appropriation, and in addition repealing the act known as
    the ``subsidy act,'' was held not in order because the repealing of this
    act was not germane to the appropriation bill; and that to be in order
    both branches of the amendment must be germane to the bill (VII, 1548).

      A provision in the agricultural appropriation bill transferring the
    supervision of the importation of animals from the Treasury to the
    Department of Agriculture is out of order, being a provision changing
    law and not retrenching expenditure (IV, 3886).

      Where a paragraph containing new legislation provides in one part for
    a discharge of employees, which means a retrenchment, and in another
    part embodies legislation to bring about the particular retrenchment
    which in turn shows on its face an expenditure the amount of which is
    not apparent, the Chair is unable to hold that the net result will
    retrench expenditures. But where the additional legislation does not
    show on its face an additional expenditure, the Chair will not speculate
    as to a possible expenditure under the additional legislation (VII,
    1500).

    [[Page 651]]

      As explained in the annotation in Sec. 834, supra, the amendment of
    clause 2(b) in the 98th Congress narrowed the ``Holman Rule'' exception
    to the general prohibition against legislation to cover only
    retrenchments reducing amounts of money covered by the bill, and not
    retrenchments resulting from reduction of the number and salary of
    officers of the United States or of the compensation of any person paid
    out of the U.S. Treasury. Accordingly, the Chair held out of order an
    amendment mandating the reduction of certain Federal salaries and
    expenses as not confined to a reduction of funds in the bill (June 17,
    1994, p. ----). Paragraph (b) also eliminated separate authority
    conferred upon legislative committees or commissions with proper
    jurisdiction to report amendments retrenching expenditures, and
    permitted legislative committees to recommend such retrenchments by
    reduction of amounts covered by the bill to the Appropriations Committee
    for discretionary inclusion in the reported bill. Paragraph (d) as added
    in the 98th Congress provides a new procedure for consideration of all
    retrenchment amendments only when reading of the bill has been completed
    and only if the Committee of the Whole does not adopt a motion to rise
    and report the bill back to the House. Other decisions which involved
    interpretation of the ``Holman Rule,'' but which do not reflect the
    current form or interpretation of that rule, are found in IV, 3846,
    3885-3892; VII, 1484, 1486-1492, 1498, 1500, 1515, 1563, 1564, 1569;
    June 1, 1892, p. 4920.

    Sec. 844b. Content of reports on appropriation
    bills.

      3. A report  from the Committee on Appropriations accompanying any general
    appropriation bill making an appropriation for any purpose shall contain
    a concise statement describing fully the effect of any provision of the
    accompanying bill which directly or indirectly changes the application
    of existing law, and shall contain a list of all appropriations
    contained in the bill for any expenditure not previously authorized by
    law (except for classified intelligence or national security programs,
    projects, or activities).

      This clause became a part of the rules under the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470), and the subsequent clauses of this rule were
    renumbered at that time. This clause was amended on January 14, 1975 (H.
    Res. 5, 94th Cong., p. 32) to confine its applicability to general
    appropriation bills, and again in the 104th Congress to add the last
    requirement concerning unauthorized items (sec. 215(d), H. Res. 6, Jan.
    4, 1995, p. ----).

    Sec. 845. Restriction on the reference of
    claims.

      4. No bill  for the payment or adjudication of any private claim against
    the Government shall be referred, except by unanimous consent, to any
    other than the following committees, namely: To the Committee on
    International Relations or to the Committee on the Judiciary.

    [[Page 652]]
    War Claims, Public Lands, and Accounts, in addition to the Committees
    on Foreign Affairs (now International Relations) and the Judiciary.
    Certain private bills, resolutions and amendments are barred (Sec. 852).
    Under this clause unanimous consent is required for the reference of a
    bill for the payment of a private claim to a committee other than the
    Committee on the Judiciary or the Committee on International Relations
    (May 4, 1978, p. 12615).

      The present form of this clause was made effective January 2, 1947, as
    a part of the Legislative Reorganization Act of 1946 (60 Stat. 812), was
    further amended on March 19, 1975 to reflect the change of the name of
    the Committee on Foreign Affairs to International Relations by H. Res.
    163 (p. 7343), was again amended on February 5, 1979 to change
    International Relations back to Foreign Affairs (H. Res. 89, pp. 1848-
    49), and was once again amended on January 4, 1995, to change the name
    back to International Relations (sec. 202(b), H. Res. 6, 104th Cong., p.
    ----). The old rule, adopted in 1885 and amended May 29, 1936, provided
    that private claims bills be referred to a Committee on Invalid
    Pensions, Claims,

    Sec. 846a. Restriction of power to report
    appropriations.

      5. (a) No  bill or joint resolution carrying appropriations shall
    be reported by any committee not having jurisdiction to report
    appropriations, nor shall an amendment proposing an appropriation be in
    order during the consideration of a bill or joint resolution reported by
    a committee not having that jurisdiction. A question of order on an
    appropriation in any such bill, joint resolution, or amendment thereto
    may be raised at any time.

      This portion of the rule was adopted June 1, 1920 (VII, 2133).

    [[Page 653]]
    amendment is not separately before the House during consideration of
    the special order (Feb. 24, 1993, p. ----).
      A point of order under this rule cannot be raised against a motion to
    suspend the rules (VIII, 3426), against a motion to discharge a
    nonappropriating committee from consideration of a bill carrying an
    appropriation (VII, 2144), or against a Senate amendment to an
    appropriation bill (VII, 1572), but it may be directed against an item
    of appropriation in a Senate bill (VII, 2136, 2147; July 30, 1957, pp.
    13056, 13181-82), and if the House deletes a provision in a Senate bill
    under this rule, the bill is messaged to the Senate with the deletion in
    the form of an amendment. The point of order may be made against an
    appropriation in a Senate bill that, although not reported in the House,
    is considered in lieu of a reported House ``companion bill'' (VII, 2137;
    Mar. 29, 1933, p. 988). This clause applies to an amendment proposed to
    a Senate amendment to a House bill not reported from the Committee on
    Appropriations (Oct. 1, 1980, pp. 28638-42). The rule does not apply to
    private bills since the committees having jurisdiction of bills for the
    payment of private claims may report bills making appropriations within
    the limits of their jurisdiction (VII, 2135; Dec. 12, 1924, p. 538). The
    point of order under this rule does not apply to an appropriation in a
    bill which has been taken away from a nonappropriating committee by a
    motion to discharge (VII, 1019a). The point of order under this rule
    does not apply to a special order reported from the Committee on Rules
    ``self-executing'' the adoption in the House to a reported bill of an
    amendment containing an appropriation, since the

      The provision in this clause that a point of order against an
    amendment containing an appropriation to a legislative bill may be made
    ``at any time'' has been interpreted to require that the point of order
    be raised during the pendency of the amendment under the five-minute
    rule (Mar. 18, 1946, p. 2365; Apr. 28, 1975, pp. 12043-44), and a point
    of order will lie against an amendment during its pendency, even in its
    amended form, although the point of order is against the amendment as
    amended by a substitute and no point of order was raised against the
    substitute prior to its adoption (Apr. 23, 1975, p. 12043). But the
    point of order must be raised during the initial consideration of the
    bill or amendment under the five-minute rule, and a point of order
    against similar language permitted to remain in the House version and
    included in a conference report on a bill will not lie, since the only
    rule prohibiting such inclusion (clause 2 of rule XX) is limited to
    language originally contained in a Senate amendment where the House
    conferees have not been specifically authorized to agree thereto (May 1,
    1975, p. 12752). Where the House has adopted a resolution waiving points
    of order against certain appropriations in a legislative bill, a point
    of order may nevertheless be raised against an amendment to the bill
    containing an identical provision, since under this rule a point of
    order may be raised against the amendment ``at any time'' (Apr. 23,
    1975, p. 11512). A point of order against a direct appropriation in a
    bill initially reported from a legislative committee and then
    sequentially referred to and reported adversely by the Committee on
    Appropriations was conceded and sustained as in violation of this clause
    (Nov. 10, 1975, p. 35611).

      The point of order should be directed to the item of appropriation in
    the bill and not to the act of reporting the bill (VII, 2143), and
    cannot be directed to the entire bill (VII, 2142; Apr. 28, 1975, p.
    12043).

    [[Page 654]]
    priation or a portion of an appropriation already made for one purpose
    to another (VII, 2146; Mar. 29, 1933, p. 988; Aug. 10, 1988, p. 21719),
    or for one fiscal year to another (Mar. 26, 1992, p. ----), is not in
    order. An amendment expanding the definition in existing law of
    recipients under a federal subsidy program was held to permit a new use
    of funds already appropriated in violation of this clause (May 11, 1976,
    pp. 13409-11); and a provision in a legislative bill authorizing the
    use, without a subsequent appropriation, of funds directly appropriated
    by a previous statute for a new purpose constitutes an appropriation
    prohibited by this clause (Oct. 1, 1980, pp. 28637-40). But a
    modification of such a provision making payments for such new purposes
    ``effective only to the extent and in such amounts as are provided in
    advance in appropriation acts'' does not violate this clause (Oct. 1,
    1980, pp. 28638-42). A direction to a departmental officer to pay a
    certain sum out of unexpended balances is equivalent to an appropriation
    and not in order (VII, 2154). Language authorizing the use of funds of
    the Shipping Board is not in order (VII, 2147). A direction to pay out
    of Indian trust funds is not in order (VII, 2149). A provision in an
    authorization bill making excess foreign currencies immediately
    available for a new purpose is in violation of clause 5 of rule XXI
    (Aug. 3, 1971, pp. 29109-10). Provisions authorizing the collection of
    fees or user charges by Federal agencies and making the revenues
    collected therefrom available without further appropriation have been
    ruled out in violation of this clause (June 17, 1937, pp. 5915-18; Mar.
    29, 1972, pp. 10749-51), and the transfer of existing federal funds into
    a new Treasury trust fund to be immediately available for a new purpose
    has been construed as an appropriation (June 20, 1974, pp. 20273-75), as
    has a provision in a legislative bill transferring unexpended balances
    of appropriations from an existing agency to a new agency created
    therein (Apr. 9, 1979, pp. 7774-75). A provision in an omnibus
    reconciliation bill reported by the Budget Committee (pursuant to
    section 310(c)(2) of the Budget Act upon recommendation from the Energy
    and Commerce Committee) making a direct appropriation to carry out a
    part of the Energy Security Act was ruled out in violation of this
    clause (Oct. 24, 1985, p. 28812). An amendment requiring the diversion
    of previously appropriated funds in lieu of the enactment of new budget
    authority if a maximum deficit amount under the Deficit Control Act of
    1985 is exceeded, though its stated purpose may be to avoid the
    sequestration of funds, may nevertheless be in violation of clause 5(a)
    as an appropriation on a legislative bill (Aug. 10, 1988, p. 21719).
      The point of order provided for in this clause is not applicable to
    propositions authorizing the Secretary of the Treasury to use proceeds
    from the sale of bonds under the Second Liberty Bond Act (public debt
    transactions) for the purpose of making loans, since such loans do not
    constitute ``appropriations'' within the purview of the rule (June 28,
    1949, pp. 8536-38; Aug. 2, 1950, p. 11599), and is not applicable to
    language exempting loan guarantees in a legislative bill from statutory
    limitations on expenditures (July 16, 1974, p. 23344). Legislation
    authorizing the availability of certain loan receipts is not an
    appropriation where it can be shown that the actual availability of
    those receipts remains contingent upon subsequent enactment of an
    appropriation act (Sept. 10, 1975, p. 28300). The term ``appropriation''
    in the rule means the payment of funds from the Treasury, and the words
    ``warranted and make available for expenditure for payments'' are
    equivalent to ``is hereby appropriated'' and therefore not in order
    (VII, 2150). The words ``available until expended,'' making an
    appropriation already made for one year available for ensuing years, are
    not in order (VII, 2145). Language reappropriating, making available, or
    diverting an appro

    [[Page 655]]
    able only to the extent provided in appropriation Acts (see Sec. 1007,
    infra). See also Procedure, ch. 25, sec. 3, addressing appropriations on
    legislative bills generally.

      An amendment increasing the duties of a commission is not necessarily
    an appropriation (VII, 1578). Language authorizing payment from an
    appropriation to be made or authorizing payment from an appropriation
    that has not yet been made is in order (Jan. 31, 1923, p. 2794). Section
    401(a) of the Congressional Budget Act of 1974 (88 Stat. 317) prohibits
    consideration in the House of any bill or resolution or amendment which
    provides new spending authority (as that term is defined in that
    section) unless that measure also provides that such new spending
    authority is to be avail

    Sec. 846b. Restriction on bills and amendments carrying
    taxes or tariffs.

      (b) No  bill or joint resolution carrying a tax or tariff
    measure shall be reported by any committee not having jurisdiction to
    report tax and tariff measures, nor shall an amendment in the House or
    proposed by the Senate carrying a tax or tariff measure be in order
    during the consideration of a bill or joint resolution reported by a
    committee not having that jurisdiction. A question of order on a tax or
    tariff measure in any such bill, joint resolution, or amendment thereto
    may be raised at any time.

      Paragraph (b) was added in the 98th Congress (H. Res. 5, Jan. 3, 1983,
    p. 34). A point of order under this paragraph against a provision in a
    bill is in order at any time during consideration of the bill for
    amendment in Committee of the Whole (Aug. 1, 1986, p. 18649). On October
    4, 1989, the Chairman of the Committee of the Whole, before ruling on
    several points of order under this paragraph, enunciated several
    guidelines to distinguish taxes and tariffs on the one hand and user or
    regulatory fees and other forms of revenue on the other (p. 23260). On
    the opening day of the 102d Congress Speaker Foley inserted in the
    Congressional Record a statement of jurisdictional concepts underlying
    those same distinctions and indicated his intention to exercise his
    referral authority under rule X in a manner consistent with this
    paragraph (Jan. 3, 1991, p. ----; see also Jan. 5, 1993, p. ----).

    [[Page 656]]
    nue collections and tax status or liability (Aug. 1, 1986, p. 18649).
    Similarly, in determining whether an amendment to a general
    appropriation bill proposing a change in IRS funding priorities
    constitutes a tax measure proscribed by clause 5(b), the Chair will
    consider argument as to whether the change would necessarily or
    inevitably result in a loss or gain in tax liability and in tax
    collection (June 18, 1991, p. ----).
      Although in the case of most points of order against provisions in
    bills or against amendments the burden is on the proponent of the
    provision to show that it does not violate the cited rule, in the case
    of a point of order under clause 5(b) against a provision in or an
    amendment to a general appropriation bill affecting the use of funds
    therein (otherwise traditionally in order if admissible under clause 2
    of rule XXI), the burden is on the Member making the point of order to
    show a necessary, certain, and inevitable change in revenue collections
    or tax statuses or liabilities (Sept. 12, 1984, pp. 25108, 25109, 25120;
    July 26, 1985, p. 20806; Aug. 1, 1986, pp. 18649-50; July 13, 1990, p.
    ----; June 18, 1991, p. ----). Thus, in determining whether a limitation
    in a general appropriation bill constitutes a tax or tariff measure
    proscribed by clause 5(b), the Chair will consider argument as to
    whether the limitation effectively and inevitably changes reve

      A limitation on the use of funds contained in a general appropriation
    bill was held to violate clause 5(b) by denying the use of funds by the
    Customs Service to enforce duty-free entry laws with respect to certain
    imported commodities, thereby requiring the collection of revenues not
    otherwise provided for by law (Oct. 27, 1983, p. 29611). Similar rulings
    were issued: (1) where it was shown that the imposition of the
    restriction on IRS funding for the fiscal year would effectively and
    inevitably preclude the IRS from collecting revenues otherwise due and
    owing by law or require collection of revenue not legally due or owing
    (July 26, 1985, p. 20806; Aug. 1, 1986, pp. 18649, 18650); and (2) where
    a provision in a general appropriation bill prohibited the use of funds
    to impose or assess certain taxes due under specified portions of the
    Internal Revenue Code (July 13, 1990, p. ----). In the 98th Congress,
    the Chair sustained points of order under clause 5(b) against motions to
    concur in three Senate amendments to a general appropriation bill (not
    reported by the Committee on Ways and Means): (1) an amendment denying
    the use of funds in that or any other Act by the IRS to impose or assess
    any tax due under a designated provision of the Internal Revenue Code,
    thereby rendering the tax uncollectable through the use of any funds
    available to the agency (Sept. 12, 1984, p. 25108); (2) an amendment
    directing the Secretary of the Treasury to admit free of duty certain
    articles imported by a designated organization (Sept. 12, 1984, p.
    25109); and (3) an amendment to the Tariff Act of 1930 to expand the
    authority of the Customs Service to seize and use the proceeds from the
    sale of contraband imports to defray operational expenses, and to offset
    owed customs duties under one section of that law (Sept. 12, 1984, p.
    25120). An amendment to a general appropriation bill proposing to divert
    an increase in funding for the IRS from spot-checks to targeted audits
    was held not to constitute a tax within the meaning of clause 5(b)
    because it did not necessarily affect revenue collection levels or tax
    liabilities (June 18, 1991, p. ----).

    [[Page 657]]
    the following provisions in an omnibus budget reconciliation bill were
    ruled out: (1) a fee per passenger on cruise vessels, with revenues
    credited as proprietary receipts of the Coast Guard to be used for port
    safety, security, navigation, and antiterrorism activities (Oct. 4,
    1989, p. 23260); (2) a per acre ``ocean protection fee'' on oil and gas
    leaseholdings in the Outer Continental Shelf, with receipts to be used
    to offset costs of various ocean protection programs (Oct. 4, 1989, p.
    23261); (3) an amendment to the Internal Revenue Code relating to the
    tax deductibility of pension fund contributions (Oct. 4, 1989, p.
    23262); (4) a fee incident to termination of employee benefit plans,
    with receipts to be applied to enforcement and administration of plans
    remaining with the system (Oct. 4, 1989, p. 23262); and (5) a fee
    incident to the filing of various pension benefit plan reports required
    by law, with revenues to be transferred to the Department of Labor for
    the enforcement of that law (Oct. 5, 1989, p. 23328).
      In the 99th Congress, the following provisions in a reconciliation
    bill reported from the Budget Committee were ruled out as tax measures
    not reported from the Committee on Ways and Means: (1) containing a
    recommendation from the Committee on Education and Labor excluding
    certain interest on obligations from the Student Loan Marketing
    Association from application of the Internal Revenue Code, affecting
    interest deductions against income taxes (Oct. 24, 1985, pp. 28776,
    28827); and (2) containing a recommendation from the Committee on
    Merchant Marine and Fisheries expanding tax benefits available to
    shipowners through a capital construction fund (Oct. 24, 1985, pp.
    28802, 28827). In the 101st Congress,

    -
    [[Page 658]]

      To a bill reported from the Committee on Education and Labor
    authorizing financial assistance to unemployed individuals for
    employment opportunities, an amendment providing instead for tax
    incentives to stimulate employment was held to be a tax measure in
    violation of this paragraph (Sept. 21, 1983, p. 25145). A provision in a
    bill reported from the Committee on Foreign Affairs imposing a uniform
    fee at ports of entry to be collected by the Customs Service as a
    condition of importation of a commodity was held to constitute a tariff
    within the meaning of this paragraph (June 4, 1985, p. 14009), as was an
    amendment to a bill reported from that committee amending the tariff
    schedules to deny ``most favored nation'' trade treatment to a certain
    nation (July 11, 1985, p. 18590). A provision in a general appropriation
    bill creating a new tariff classification was held to constitute a
    tariff under this paragraph (June 15, 1994, p. ----). A motion to concur
    in a Senate amendment constituting a tariff measure (imposing an import
    ban on certain dutiable goods) to a bill reported by a committee not
    having tariff jurisdiction was ruled out under this paragraph (Sept. 30,
    1988, p. 27316). A proposal to increase a fee incident to the filing of
    a securities registration statement, with the proceeds to be deposited
    in the general fund of the Treasury as offsetting receipts, was held to
    constitute a tax within the meaning of this paragraph because the amount
    of revenue derived and the manner of its deposit indicated a purpose to
    defray costs of government, generally (Oct. 23, 1990, p. ----). To a
    bill reported by the Committee on Transportation and Infrastructure, an
    amendment increasing a user fee was ruled out as a tax measure where the
    fee overcollected to offset a reduction in another fee, thus attenuating
    the relationship between the amount of the fee and the cost of the
    government activity for which it was assessed (May 9, 1995, p. ----). To
    a bill reported by the Committee on Science, Space, and Technology, an
    amendment proposing sundry changes in the Federal income tax by direct
    amendments to the Internal Revenue Code of 1986 was ruled out of order
    as carrying a tax measure in violation of this paragraph (Sept. 16,
    1992, p. ----).

    Sec. 846c. Threefifths vote to increase income tax
    rates.

      (c) No  bill or joint resolution, amendment, or conference report
    carrying a Federal income tax rate increase shall be considered as
    passed or agreed to unless so determined by a vote of not less than
    three-fifths of the Members voting.

      Paragraph (c) was added in the 104th Congress (sec. 106(a), H. Res. 6,
    Jan. 4, 1995, p. ----). On one occasion the Chair held that a provision
    repealing a ceiling on total tax liability attributable to a net capital
    gain was not subject to this paragraph (Apr. 5, 1995, p. ----). This
    paragraph does not apply to a concurrent resolution (Speaker Gingrich,
    May 18, 1995, p. ----).

    Sec. 846d. Prohibition against retroactive income tax
    rate increase.

      (d) It  shall not be in order to consider any bill, joint
    resolution, amendment, or conference report carrying a retroactive
    Federal income tax rate increase. For purposes of this paragraph a
    Federal income tax rate increase is retroactive if it applies to a
    period beginning prior to the enactment of the provision.

      Paragraph (d) was added in the 104th Congress (sec. 106(b), H. Res. 6,
    Jan. 4, 1995, p. ----).

    [[Page 659]]

    Sec. 847. Reappropriations
    prohibited.

      6. No general  appropriation bill or amendment thereto shall be received
    or considered if it contains a provision reappropriating unexpended
    balances of appropriations; except that this provision shall not apply
    to appropriations in continuation of appropriations for public works on
    which work has commenced, and shall not apply to transfers of unexpended
    balances within the department or agency for which they were originally
    appropriated, reported by the Committee on Appropriations.

      This provision from section 139(c) of the Legislative Reorganization
    Act of 1946 (60 Stat. 812) was made part of the standing rules January
    3, 1953 (p. 24). Prior to the adoption of this rule in 1946, a
    reappropriation of an unexpended balance for an object authorized by law
    was in order on a general appropriation bill (IV, 3591, 3592; VII, 1156,
    1158). This clause was amended in the 99th Congress by section 228(b) of
    the Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99-
    177, Dec. 12, 1985) to permit the Committee on Appropriations to report
    certain transfers of unexpended balances.

      A provision in a general appropriation bill, or an amendment thereto,
    providing that funds for a certain purpose are to be derived by
    continuing the availability of funds previously appropriated for a prior
    fiscal year is in violation of clause 6 of rule XXI (Aug. 20, 1951, pp.
    10393-94; Mar. 29, 1960, p. 6862; June 17, 1960, p. 13138; June 20,
    1973, pp. 20530-31; July 29, 1982, p. 18625; June 28, 1988, p. 16255),
    and a reappropriation of unexpended prior year balances prohibited by
    this clause is not in order under the guise of a ``Holman Rule''
    exception to clause 2 of rule XXI (Oct. 18, 1966, pp. 27424-25). An
    amendment to a general appropriation bill making any appropriations
    which are available for the current fiscal year available for certain
    new purposes was held out of order under this clause since it was not
    confined to the funds in the bill and would permit reappropriation of
    unexpended balances (Oct. 1, 1975, p. 31090). That appropriations may be
    authorized in law for a specified object does not permit an amendment to
    a general appropriation bill to include legislative language mandating
    the reappropriation of funds from other Acts (July 28, 1992, p. ----).

      This rule, however, is not applicable when the reappropriation
    language is identical to legislative authorization language enacted
    subsequent to the adoption of the rule, since the law is a more recent
    expression of the will of the House (Sept. 5, 1961, p. 18133), nor when
    a measure transferring unobligated balances of previously appropriated
    funds contains legislative provisions and rules changes but no
    appropriation of new budget authority and is neither in the form of an
    appropriation bill nor the subject of a privileged report by the
    Committee on Appropriations under rule XI (Mar. 3, 1988, p. 3239).

      The return of an unexpended balance to the Treasury is in order (IV,
    3594).

    [[Page 660]]
    three calendar days (excluding Saturdays, Sundays, and legal holidays).

    Sec. 848. Printed hearings and reports on
    appropriation bills.

      7. No general  appropriation bill shall be considered in the
    House until printed committee hearings and a committee report thereon
    have been available for the Members of the House for at least

      This provision from section 139(a) of the Legislative Reorganization
    Act of 1946 was made a part of the standing rules January 3, 1953 (p.
    24), and was amended (by the addition of the parenthetical clause) on
    January 22, 1971 (p. 144). In counting the ``three calendar days''
    specified in the clause, the date the bill is filed or the date on which
    it is to be called up for consideration are counted, but not both (May
    26, 1969, pp. 13720-21). Clause 2(l)(6) of rule XI became applicable to
    all other reports from the Committee on Appropriations under the
    Committee Reform Amendments of 1974, effective January 3, 1975 (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470).

    Sec. 848a. Reservation of points of order.

      8.  At the time
    any appropriation bill is reported, all points of order shall be
    considered as reserved.

    [House Rules Manual -- House Document No. 103-342]
    [Page 660-668]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-106]

      Clause 8 was added in the 104th Congress (sec. 215(e), H. Res. 6, Jan.
    4, 1995, p. ----), rendering unnecessary the former practice that a
    Member reserve points of order when a general appropriation bill was
    referred to the calendar of the Committee of the Whole House on the
    state of the Union, in order that provisions in violation of rule XXI
    could be stricken in the Committee of the Whole (see Sec. 835, supra).

                                   Rule XXII.

                OF PETITIONS, MEMORIALS, BILLS, AND RESOLUTIONS.

    [[Page 661]]
    the official reporters of debates for publication in the Record.

    Sec. 849a. Introduction and reference of
    petitions, memorials, and private bills.

      1. Members having  petitions or memorials or
    bills of a private nature to present may deliver them to the Clerk,
    endorsing their names and the reference or disposition to be made
    thereof; and said petitions and memorials and bills of a private nature,
    except such as, in the judgment of the Speaker, are of an obscene or
    insulting character, shall be entered on the Journal, with the names of
    the Members presenting them, and the Clerk shall furnish a transcript of
    such entry to

      At the first organization of the House in 1789 the rules then adopted
    provided for the presentation of petitions to the House by the Speaker
    and Members, and for the introduction of bills by motion for leave. In
    1842 it was found necessary, in order to save time, to provide that
    petitions and memorials should be filed with the Clerk. In 1870, 1879,
    and 1887 the practice as to petitions was extended to private bills, at
    first as to certain classes and later so that all should be filed with
    the Clerk (IV, 3312, 3365; VII, 1024).

    Sec. 849b. Duties of Speaker and Members
    in presenting petitions.

      Petitions, memorials,  and other papers addressed to the House may
    be presented by the Speaker as well as by a Member (IV, 3312). Petitions
    from the country at large are presented by the Speaker in the manner
    prescribed by the rule (III, 2030; IV, 3318; VII, 1025). A Member may
    present a petition from people of a State other than his own (IV, 3315,
    3316). The House itself may refer one portion of a petition to one
    committee and another portion to another committee (IV, 3359, 3360), but
    ordinarily the reference of a petition does not come before the House
    itself. A committee may receive a petition only through the House (IV,
    4557).

    Sec. 850. As to division of bills for
    reference.

      The parliamentary  law provides that the House may commit a portion of a bill,
    or a part to one committee and part to another (V, 5558), yet under the
    practice of the House until January 3, 1975, a bill or joint resolution
    could not be divided for reference, although it might contain matters
    properly within the jurisdiction of several committees (IV, 4372, 4376).
    On that date, the Speaker was given authority over referral of bills as
    prescribed in clause 5 of rule X.

    Sec. 851. Fraudulent introduction of a
    bill.

      The fraudulent  introduction of a bill involves a question of privilege, and a
    bill so introduced was ordered stricken from the files (IV, 3388). As
    the result of the unauthorized introduction of several bills without the
    knowledge of the Members listed as sponsors, the Speaker directed that
    all bills and resolutions must be signed by the prime sponsor thereof in
    order to be accepted for introduction (Speaker Albert, Feb. 3, 1972, p.
    2521).

    [[Page 662]]
    which suit may be instituted under the Tort Claims Procedure as
    provided in Title 28, United States Code, or for a pension (other than
    to carry out a provision of law or treaty stipulation); (2) the
    construction of a bridge across a navigable stream; or (3) the
    correction of a military or naval record, shall be received or
    considered in the House.

    Sec. 852. Certain private and commemorative
    bills prohibited.

      2. (a) No private  bill or resolution (including so-called omnibus
    claims or pension bills), and no amendment to any bill or resolution,
    authorizing or directing (1) the payment of money for property damages,
    for personal injuries or death for

      (b)(1) No bill or resolution, and no amendment to any bill or
    resolution, establishing or expressing any commemoration may be
    introduced or considered in the House.

      (2) For purposes of this paragraph, the term `commemoration' means any
    remembrance, celebration, or recognition for any purpose through the
    designation of a specified period of time.

      Paragraph (a) derives from section 131 of the Legislative
    Reorganization Act of 1946 (60 Stat. 812) and was made a part of the
    standing rules January 3, 1953 (p. 24). The 104th Congress added the
    prohibition against commemorative legislation and directed the Committee
    on Government Reform and Oversight to consider alternative means for
    establishing commemorations, including the creation of an independent or
    Executive branch commission for such purpose, and to report to the House
    any recommendations thereon (sec. 216, H. Res. 6, Jan. 4, 1995, p. ----
    ). The prohibition in paragraph (a) relating to correction of a miltary
    record does not apply to a private bill that changes the computation of
    retired pay for a former member of the armed services (after exhaustion
    of administrative remedies) but does not directly correct his military
    record (Sept. 18, 1984, p. 25824).

    [[Page 663]]
    erly referred in the manner originally presented; and an erroneous
    reference of a petition or private bill under this clause shall not
    confer jurisdiction upon the committee to consider or report the same.

    Sec. 853. Correction of errors in reference;
    and relation to jurisdiction.

      3. Any petition  or memorial or bill or resolution
    excluded under this rule shall be returned to the Member from whom it
    was received; and petitions and private bills which have been
    inappropriately referred may, by the direction of the committee having
    possession of the same, be prop

      This clause of the rule was first adopted in 1880, although the
    portion relating to the return of certain petitions and bills was
    adapted from an older rule of 1842 (IV, 3312, 3365). In the 104th
    Congress it was amended to conform to the new prohibition against
    commemorative legislation (sec. 216, H. Res. 6, Jan. 4, 1995, p. ----).

      Errors in reference of petitions, memorials, or private bills are
    corrected at the Clerk's table, without action by the House, at the
    suggestion of the committee holding possession (IV, 4379). As provided
    in the rule, the erroneous reference of a private House bill does not
    confer jurisdiction, and a point of order is good when the bill comes up
    for consideration either in the House or in Committee of the Whole (IV,
    4382-4389). But in cases wherein the House itself refers a private House
    or Senate bill a point of order may not be raised as to jurisdiction
    (IV, 4390, 4391; VII, 2131). The Speaker may correct the erroneous
    referral of a bill as private by referring it to the appropriate (Union)
    calendar as a public bill when reported (June 1, 1988, p. 13184).

    [[Page 664]]
    bers may introduce jointly any bill, or resolution to which this
    paragraph applies.

    Sec. 854. Introduction, reference, and change of
    reference of public bills, memorials, and resolutions.

      4. (a) All  other bills,
    memorials, and resolutions may, in like manner, be delivered, indorsed
    with the names of Members introducing them, to the Speaker, to be by him
    referred, and the titles and references thereof and of all bills,
    resolutions, and documents referred under the rules shall be entered on
    the Journal and printed in the Record of the next day, and correction in
    case of error of reference may be made by the House, without debate, in
    accordance with rule X on any day immediately after the reading of the
    Journal, by unanimous consent, or on motion of a committee claiming
    jurisdiction, or on the report of the committee to which the bill has
    been erroneously referred. Two or more Mem

      (b)(1) The name of any Member shall be added as a sponsor of any bill
    or resolution to which paragraph (a) applies, and shall appear as a
    sponsor in the next printing of that bill or resolution: Provided, That
    a request signed by such Member is submitted by the first sponsor to the
    Speaker (in the same manner as provided in paragraph (a)) no later than
    the day on which the last committee authorized to consider and report
    such bill or resolution reports it to the House.

      (2) The name of any Member listed as a sponsor of any such bill or
    resolution may be deleted by unanimous consent, but only at the request
    of such Member, and such deletion shall be indicated in the next
    printing of the bill or resolution (together with the date on which such
    name was deleted). Such consent may be granted no later than the day on
    which the last committee authorized to consider and report such bill or
    resolution reports it to the House: Provided, however, That the Speaker
    shall not entertain a request to delete the name of the first sponsor of
    any bill or resolution.

      (3) The addition of the name of any Member, or the deletion of any
    name by unanimous consent, of a sponsor of any such bill or resolution
    shall be entered on the Journal and printed in the Record of that day.

    [[Page 665]]
    as the first sponsor submits to the Speaker a written request that it
    be reprinted, and (B) if twenty or more Members have been added as
    sponsors of that bill or resolution since it was last printed.

      (4) Any such bill or resolution shall be reprinted (A) if the Member
    whose name is listed

      The rule of 1789 provided that all bills should be introduced on
    report of a committee or by motion for leave. By various modifications
    it was first provided that all classes of private bills should be
    introduced by filing them with the Clerk, and in 1890 this system was by
    this rule extended to all public bills (IV, 3365).

      The motion for a change of reference and subsidiary motions take
    precedence over motions to go into the Committee of the Whole for the
    consideration of appropriation bills and the consideration of conference
    reports (VII, 2124), and may not be debated (VII, 2126-2128). But the
    motion is not in order on Calendar Wednesday (VII, 2117), and is not
    privileged under the rule if the original reference was not erroneous
    (VII, 2125). The motion may be amended, but the amendment, like the
    original motion, is subject to the requirement that it be authorized by
    the committee (VII, 2127). The motion must apply to a single bill and
    not to a class of bills (VII, 2125).

      According to the later practice the erroneous reference of a public
    bill, if it remain uncorrected, in effect gives jurisdiction to the
    committee receiving it (IV, 4365-4371; VII, 1489, 2108-2113; VIII,
    2312). And it is too late to move a change of reference after such
    committee has reported the bill (VII, 2110; VIII, 2312), but the Speaker
    may, pursuant to authority granted him by clause 5 of rule X effective
    January 3, 1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), refer
    a bill sequentially to other committees. All bills and resolutions must
    be signed by the prime sponsor thereof (Speaker Albert, Feb. 3, 1972, p.
    2521).

      Joint sponsorship of public bills by not more than 25 Members was
    authorized by H. Res. 42, April 25, 1967. Prior thereto a special
    committee had reported against this practice and the report had been
    adopted by the House (VII, 1029). Effective January 3, 1979 (H. Res. 86,
    95th Cong., Oct. 10, 1978, p. 34929) clause 4(b) was added to allow
    unlimited co-sponsorship and to provide a mechanism for Members to add
    their names as co-sponsors to bills or resolutions which have already
    been introduced, up until the bill is finally reported from committee,
    and on January 15, 1979, the Speaker announced his directive for the
    processing of lists of co-sponsors pursuant to the new clause (Speaker
    O'Neill, Jan. 15, 1979, p. 19).

    [[Page 666]]
    add his own name as a co-sponsor of an unreported bill where the
    original sponsor is no longer a Member of the House (Aug. 4, 1983, p.
    23188), and a designated Member may be authorized to sign and submit
    lists of additional co-sponsors where the actual first sponsor is no
    longer a Member (June 23, 1989, p. 13271), but the Chair will not
    otherwise entertain a request to add co-sponsors by a Member other than
    the first sponsor, whether to include only himself (Mar. 5, 1991, p. --
    --) or to include all Members (Dec. 18, 1985, p. 37765). The Chair will
    not entertain a unanimous consent request to list a Member as an
    additional original co-sponsor as of the date of original introduction
    where his name had been omitted by the original sponsor (Jan. 28, 1985,
    p. 1141; May 23, 1985, p. 13421). Unanimous consent requests to delete
    Members' names as co-sponsors are not entertained after the last
    committee authorized to consider the bill has reported to the House
    (Oct. 8, 1985, p. 26668), and the Speaker has vacated unanimous consent
    orders of the House to delete co-sponsors when advised that the bill had
    already been reported (Aug. 5, 1987, p. 22458). A Member may request
    unanimous consent that his name be deleted as a co-sponsor of an
    unreported bill during its consideration under suspension of the rules
    and prior to a final vote thereon (June 9, 1986, p. 12979). An order of
    the House that no organizational or legislative business be conducted on
    certain days (first by provision of a concurrent resolution, but
    extended by unanimous consent) was considered not to deprive Members of
    the privilege of introducing bills and resolutions during pro forma
    sessions on those days, such measures being numbered on the day
    introduced but not noted in the Record or referred to committee until
    the day on which business was resumed (H. Con. Res. 260, 102d Cong.,
    Nov. 26, 1991, p. ----; see Jan. 22 and 28, 1992, pp. ---- and ----).
      Although paragraph (b)(2) of this clause only permits a co-sponsoring
    Member himself to request unanimous consent for his deletion as a co-
    sponsor, the prime sponsor of a measure may be permitted to request
    unanimous consent to delete the name of a co-sponsor he has
    inadvertently or erroneously listed (Feb. 9, 1982). By unanimous consent
    a Member may

      At its organization for the 104th Congress the House resolved that
    each of the first twenty bills and each of the first two joint
    resolutions introduced in the House in that Congress could have more
    than one Member reflected as a first sponsor (sec. 223(g), H. Res. 6,
    Jan. 4, 1995, p. ----); and the Speaker stated that all ``first''
    sponsors' signatures would be required on the bills (Speaker Gingrich,
    Jan. 4, 1995, p. ----). A Member was subsequently added as a ``first''
    sponsor by unanimous consent (Jan. 18, 1995, p. ----).

    Sec. 855. Resolution of inquiry.

      5. All resolutions  of
    inquiry addressed to the heads of executive departments shall be
    reported to the House within fourteen legislative days after
    presentation.

    [[Page 667]]
    a committee to report was extended from one week to fourteen
    legislative days in the 98th Congress (H. Res. 5, Jan. 3, 1983, p. 34).
      The House has exercised the right, from its earliest days, to call on
    the President and heads of departments for information. The first rule
    on the subject was adopted in 1820 for the purpose of securing greater
    care and deliberation in the making of requests. The present form of
    rule, in its essential features, dates from 1879 (III, 1856), while the
    time period for

    Sec. 856. Forms of resolutions of inquiry and
    delivery thereof.

      Resolutions of  inquiry are usually simple rather than concurrent in
    form (III, 1875), and are never joint resolutions (III, 1860). A
    resolution authorizing a committee to request information has been
    treated as a resolution of inquiry (III, 1860). It has been considered
    proper to use the word ``request'' in asking for information from the
    President and ``direct'' in addressing the heads of departments (III,
    1856, footnote, 1895). It is usual for the House in calling on the
    President for information, especially with relation to foreign affairs,
    to use the qualifying clause ``if not incompatible with the public
    interest'' (II, 1547; III, 1896-1901; V, 5759; VI, 436). But in some
    instances the House has made its inquiries of the President without
    condition, and has even made the inquiry imperative (III, 1896-1901).
    Resolutions of inquiry are delivered under direction of the Clerk (III,
    1879) and are answered by subordinate officers of the Government either
    directly or through the President (III, 1908-1910).

    Sec. 857. Privileged status of resolutions of
    inquiry.

      The practice of  the House gives to resolution of inquiry a privileged status.
    Thus, they are privileged for report and consideration at any time after
    their reference to a committee (III, 1870; VI, 413, 414), but not before
    (III, 1857), and are in order for consideration only on motion directed
    to be made by the committee reporting the same (VI, 413; VIII, 2310).
    They are privileged for consideration on ``Suspension days'' and took
    precedence of the former Consent Calendar (VI, 409) before its
    abolishment in the 104th Congress (H. Res. 168, June 20, 1995, p. ----),
    but are not in order on Calendar Wednesday (VII, 896-898). And only
    resolutions addressed to the President and the heads of the executive
    departments have the privilege (III, 1861-1864; VI, 406). To enjoy the
    privilege a resolution should call for facts rather than opinions (III,
    1872, 1873; VI, 413, 418-432; July 7, 1971, pp. 23810-11), should not
    require investigations (III, 1872-1874; VI, 422, 427, 429, 432), and
    should not present a preamble (III, 1877, 1878; VI, 422, 427); but if a
    resolution on its face calls for facts, the Chair will not investigate
    the probability of the existence of the facts called for (VI, 422).
    However, a resolution inquiring for such facts as would inevitably
    require the statement of an opinion to answer such inquiry is not
    privileged (Speaker Longworth, Feb. 11, 1926, p. 3805).

    [[Page 668]]

      Questions of privilege (as distinguished from privileged questions)
    have sometimes arisen in cases wherein the head of a department has
    declined to respond to an inquiry and the House has desired to demand a
    further answer (III, 1891; VI, 435); but a demand for a more complete
    reply (III, 1892) or a proposition to investigate as to whether or not
    there has been a failure to respond may not be presented as involving
    the privileges of the House (III, 1893).

    Sec. 858. Discharge of a committee from a
    resolution of inquiry.

      Committees are  required to report resolutions of inquiry back
    to the House within one week (now fourteen days) of the reference, and
    this time is construed to be legislative days (VIII, 3368; Speaker
    Rayburn, Feb. 9, 1950, p. 1755) exclusive of either the first or last
    day (III, 1858, 1859). If a committee refuses or neglects to report the
    resolution back, the House may reach the resolution only by a motion to
    discharge the committee (III, 1865). The ordinary motion to discharge a
    committee is not privileged (VIII, 2316); but the practice of the House
    has given privilege to the motion in cases of resolutions of inquiry
    (III, 1866-1870). And this motion to discharge is privileged at the end
    of the time period, though the resolution may have been delayed in
    reaching the committee (III, 1871). The motion to discharge is not
    debatable (III, 1868; VI, 415). However, if the motion is agreed to, the
    resolution is debatable under the hour rule unless the previous question
    is ordered (VI, 416, 417). If a committee reports a privileged
    resolution of inquiry, it may then be called up only by an authorized
    member of the reporting committee and not by another Member of the House
    (VI, 413; VIII, 2310). The Member calling up a privileged resolution of
    inquiry reported from committee is recognized to control one hour of
    debate and may move to lay the resolution on the table during that time
    (July 7, 1971, pp. 23807-10; Oct. 20, 1971, pp. 37055-57).

    Sec. 859. Resolutions of inquiry as related to
    the Executive.

      The President  having failed to respond to a resolution of inquiry,
    the House respectfully reminded him of the fact (III, 1890). In 1796 the
    House declared that its constitutional requests of the Executive for
    information need not be accompanied by a statement of purposes (II,
    1509). As to the kind of information which may be required, especially
    as to the papers that may be demanded, there has been much discussion
    (III, 1700, 1738, 1888, 1902, 1903; VI, 402, 435). There have been
    several conflicts with the Executive (II, 1534, 1561; III, 1884, 1885-
    1889, 1894) over demands for papers and information, especially when the
    resolutions have called for papers relating to foreign affairs (II,
    1509-1513, 1518, 1519).

    Sec. 860. Introduction of bills, resolutions, or
    memorials by request.

      6. When a  bill, resolution, or memorial is introduced ``by
    request'', these words shall be entered upon the Journal and printed in
    the Record.

      This rule was adopted in 1888 (IV, 3366).

    [House Rules Manual -- House Document No. 103-342]
    [Page 669-691]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-107]

    [[Page 669]]

      It has never been the practice of the House to permit the names of the
    persons requesting the introduction of the bill to be printed in the
    Record.

                                   Rule XXIII.

                        OF COMMITTEES OF THE WHOLE HOUSE.

    Sec. 861a. Selection of Chairman of Committee of the
    Whole; and his power to preserve order.

      1. (a) In  all cases, in forming a
    Committee of the Whole House, the Speaker shall leave his chair after
    appointing a Member as Chairman to preside, who shall, in case of
    disturbance or disorderly conduct in the galleries or lobby, have power
    to cause the same to be cleared.

      This provision, adopted in 1880, was made from two older rules dating
    from 1789 and modified in 1794 to provide for the appointment of the
    Chairman instead of the inconvenient method of election by the committee
    (IV, 4704). It was amended in the 103d Congress to permit Delegates and
    the Resident Commissioner to preside in the Committee of the Whole (H.
    Res. 5, Jan. 5, 1993, p. ----), but that authority was repealed in the
    104th Congress (sec. 212(b), H. Res. 6, Jan. 4, 1995, p. ----).
    Delegates presided in two instances during the 103d Congress (Oct. 6,
    1994, p. ----; Oct. 7, 1994, p. ----).

    [[Page 670]]
    case he reports in the regular way (IV, 4785; VIII, 2376; Aug. 22,
    1974, p. 30077); but if the committee happens to be in session at the
    hour fixed for the meeting of the House on a new legislative day, it
    rests with the committee and not with the Chairman to determine whether
    or not the committee shall rise (V, 6736, 6737).

    Sec. 861b. Functions of the Chairman of the Committee of
    the Whole.

      The  Sergeant-at-Arms attends the sittings of the Committee of
    the Whole and, under direction of the Chairman, maintains order (I,
    257). His decisions on questions of order may be appealed; and in
    stating the appeal, the question is put as in the House: ``Shall the
    decision of the Chair stand as the judgment of the Committee?'' and a
    majority vote sustains the ruling (Aug. 1, 1989, p. 17159). In rare
    cases wherein the Chairman has been defied or insulted he has directed
    the committee to rise, left the chair and, on the chair being taken by
    the Speaker, has reported the facts to the House (II, 1350, 1651, 1653).
    While the Committee of the Whole does not control the Congressional
    Record, the Chairman may direct the exclusion of disorderly words spoken
    by a Member after he has been called to order (V, 6987), but may not
    determine the privileges of a Member under general ``leave to print''
    (V, 6988). The Chairman decides questions of order arising in the
    committee independently of the Speaker (V, 6927, 6928), but has declined
    to consider a question that had arisen in the House just before the
    committee began to sit (IV, 4725, 4726) or a question that may arise in
    the House in the future (June 21, 1995, p. ----). He recognizes for
    debate (V, 5003); but like the Speaker is forbidden to recognize for
    requests to suspend the rule of admission to the floor (V, 7285). He may
    direct the committee to rise when the hour previously fixed for
    adjournment of the House arrives, or when the hour previously fixed by
    the House for consideration of other business arrives, in which

    Sec. 862. Speaker's declaration into Committee
    of the Whole pursuant to special order.

      (b) After the  House has adopted a special
    order of business resolution reported by the Committee on Rules
    providing for the consideration of a measure in the Committee of the
    Whole House on the state of the Union, the Speaker may at any time
    within his discretion, when no question is pending before the House,
    declare the House resolved into the Committee of the Whole House on the
    state of the Union for the consideration of that measure without
    intervening motion, unless the resolution in question provides
    otherwise.

      Paragraph (b) was added in the 98th Congress (H. Res. 5, Jan. 3, 1983,
    p. 34).

    [[Page 671]]
    tinue its business; but if a quorum does not appear, the Committee
    shall rise and the Chairman shall report the names of the absentees to
    the House. After the roll has been once called to establish a quorum
    during such day, the Chairman may not entertain a point of order that a
    quorum is not present unless the Committee is operating under the five-
    minute rule and the Chairman has put the pending motion or proposition
    to a vote; and if the Chairman sustains a point of order that a quorum
    is not present after putting the question on such a motion or
    proposition, he may announce that following a regular quorum call
    conducted pursuant to the previous provisions of this clause, he will
    reduce to not less than five minutes the period of time within which a
    recorded vote on the pending question may be taken if such a vote is
    ordered. If, at any time during the conduct of any quorum call in a
    Committee of the Whole, the Chairman determines that a quorum is
    present, he may, in his discretion and subject to his prior
    announcement, declare that a quorum is constituted. Proceedings under
    the call shall then be considered as vacated, and the Committee shall
    not rise but shall continue its sitting and resume its business.

    Sec. 863. Failure of a quorum in Committee of the
    Whole.

      2. (a) A  quorum of a Committee of the Whole shall consist of one hundred
    Members. The first time that a Committee of the Whole finds itself
    without a quorum during any day, the Chairman shall invoke the procedure
    for the call of the roll under clause 5 of rule XV, unless, in his
    discretion, he orders a call of the Committee to be taken by the
    procedure set forth in clause 1 or clause 2(b) of rule XV: Provided,
    That the Chairman may in his discretion refuse to entertain a point of
    order that a quorum is not present during general debate only. If on
    such call, a quorum shall appear, the Committee shall con

    [[Page 672]]
    2 was substantially changed to allow quorum calls only under the five-
    minute rule where the Chairman has put the question on a pending
    proposition, after a quorum of the Committee of the Whole has been once
    established on that day. The Chairman of the Committee of the Whole must
    entertain a point of order of no quorum during the five-minute rule if a
    quorum has not yet been established in the Committee on the bill then
    pending (and the fact that a quorum of the Committee has previously been
    established on another bill on that day is irrelevant during
    consideration (Sept. 19, 1984, p. 26082). Where a recorded vote on a
    prior amendment or motion during the five-minute rule on that bill on
    that day has established a quorum, a subsequent point of no quorum
    during debate is precluded except by unanimous consent (May 10, 1984, p.
    11869; Dec. 17, 1985, p. 37469; June 25, 1986, p. 15551; June 3, 1992,
    p. ----).
      It was the early practice for the Committee of the Whole to rise on
    finding itself without a quorum (IV, 2977), and it was not until 1847
    that a rule was adopted. The rule was amended in 1880, again in 1890
    (which included the concept that a quorum in the Committee should be one
    hundred rather than a quorum of the House (IV, 2966)), and in 1971 (Jan.
    22, 1971, p. 144). On October 13, 1972 (H. Res. 1123, p. 36012) the rule
    was amended to reflect the installation of the electronic voting system
    in the House Chamber, and on January 4, 1977 (H. Res. 5, 95th Cong., pp.
    53-70) clause

      The clause was amended again in the 96th Congress (H. Res. 5, Jan. 15,
    1979, pp. 7-16) to permit the Committee to continue its business
    following the appearance of a quorum so that the Speaker need not take
    the chair to receive the Committee's report of absentees as in previous
    practice, and to enable the Chairman to reduce to five minutes the
    period for a recorded vote immediately following a regular quorum call.
    A vote by division is not such intervening business as would preclude a
    five-minute vote under this clause (July 22, 1994, p. ----). In the 97th
    Congress (H. Res. 5, Jan. 5, 1981, p. 98) the rule was amended to allow
    the Chairman the discretion whether or not to entertain a point of order
    of no quorum during general debate only.

      The last two sentences of the clause, permitting the Chair to vacate
    proceedings under the call in his discretion when a quorum appears, were
    added on April 9, 1974 (H. Res. 998, 93d Cong., pp. 10195-99). The
    Speaker interpreted the last two sentences of this clause to permit the
    Chairman of the Committee of the Whole to announce in advance, at the
    time that the absence of a quorum is ascertained, that he will vacate
    proceedings when a quorum appears, and to convert to a regular quorum
    call if a quorum does not appear at any time during the call (May 13,
    1974, pp. 14148-49).

      The Chair need not convert to a regular quorum call precisely at the
    expiration of 15 minutes if 100 Members have not responded on a
    ``notice'' quorum call but may continue to exercise his discretion to
    vacate proceedings at any time during the entire period permitted for
    the conduct of the call by clause 5 of rule XV (July 17, 1974, p.
    23673).

    [[Page 673]]

      Under the modern practice, when a Committee of the Whole finds itself
    without a quorum, the Chairman normally directs that Members record
    their presence by electronic device. The Chair may however, in his
    discretion, order that Members respond by the alternative procedures in
    clause 1 of rule XV (alphabetical call of the roll) or clause 2(b) of
    rule XV (clerk tellers) (for the use of clerk tellers for a ``notice''
    quorum call in Committee of the Whole, see July 13, 1983, p. 18858).

      Before the installation of the electronic system, a quorum in the
    Committee was established by a call of the roll. At one time the roll
    was called but once (IV, 2967); but in the later practice it was called
    twice as on other roll calls (VI, 668). Where the Committee has risen to
    report the absence of a quorum, it resumes its session by direction of
    the Speaker on the appearance of a quorum (IV, 2968; VI, 674). The
    quorum which must appear to permit the committee to continue its
    business is a quorum of the committee and not of the House (IV, 2970,
    2971) but if such quorum fails to appear, a quorum of the House is
    required (VI, 674). It was formerly held that after the committee has
    risen and reported its roll call, a motion to adjourn is in order before
    direction as to resumption of the session (IV, 2969), but under the
    later practice the committee immediately resumed its session without
    intervening motion or unanimous consent requests (VI, 672, 673; VIII,
    2377, 2379, 2436). The failure of a quorum of the House to answer on
    this roll call does not interfere with the authority of the Speaker to
    direct the committee to resume its session (IV, 2969). The Chairman's
    count of a quorum is not subject to verification by tellers (VIII, 2369,
    2436), may not be challenged by an appeal (July 24, 1974, p. 25012), and
    he may count those present and not voting in determining whether a
    quorum is present (VI, 641). On a division vote totaling less than 100,
    the Chair has relied on his immediately prior count on a point of no
    quorum and on his observation of several Members present but not voting
    on the division vote in finding the presence of a quorum of the
    Committee of the Whole (June 29, 1988, p. 16504). No quorum being
    present when a vote is taken in Committee of the Whole, and the
    committee having risen before a quorum appeared, such vote is invalid,
    and the question is put de novo when the committee resumes its business
    (VI, 676, 677). While an ``automatic'' roll call (under clause 4 of rule
    XV) is not in order in Committee of the Whole, a point of order of no
    quorum may intervene between the announcement of a division vote result
    and prior to transaction of further business, and a demand for a
    recorded vote following the quorum call is not thereby precluded (Oct.
    9, 1975, p. 32598). Where a recorded vote is refused but the Chair has
    not announced the result of a voice vote on an amendment, and the demand
    for a division or teller vote remains possible, the question remains
    pending and the Chair is obligated to entertain a point of order of no
    quorum under clause 2(a) of rule XXIII (June 6, 1979, p. 13648).

    [[Page 674]]
    2369) and takes precedence over a motion to amend (May 21, 1992, p. --
    --); however the motion cannot interrupt a Member who has the floor
    (VIII, 2370-2371) and may be ruled out when dilatory (VIII, 2800). For a
    further discussion of the motion to rise, see Sec. 334, supra.

    Sec. 864. Rising and reports of Committee of the
    Whole.

      The presence  of a quorum is not necessary for adoption of a motion that the
    Committee of the Whole rise (IV, 2975, 2976, 4914; clause 6(b) of rule
    XV; Mar. 5, 1980, pp. 4801-02; Oct. 3, 1985, p. 26096; May 21, 1992, p.
    ----); but when the committee rises without a quorum, it may not report
    the bills it has acted on (IV, 2972, 2973), and such bills as have been
    laid aside to be reported remain in the committee until the next
    occasion, when the committee rises without question as to a quorum (IV,
    4913). A simple motion that the Committee of the Whole rise is
    privileged (VIII,

      Under clause 6 of rule XV, as added in the 93d Congress (H. Res. 998,
    Apr. 9, 1974, p. 10199), a point of order of no quorum may not be
    entertained, on a day on which a quorum has been established, during the
    period after the Committee of the Whole has risen after completing its
    consideration of a bill or resolution and before the Chairman of the
    Committee has reported the bill or resolution back to the House. The
    fact that the vote whereby the committee rises does not show a quorum
    (IV, 4914) or that a point of no quorum has been made without an
    ascertainment thereof (IV, 2974), does not prevent a report of the bills
    already acted on. The Chairman having announced the absence of a quorum
    in Committee of the Whole, a motion to rise is in order and if a quorum
    develops on the vote by which the motion is rejected the roll is not
    called and the committee proceeds with its business (VIII, 2369). The
    passage of a bill by the House is not invalidated by the fact that the
    Committee of the Whole reported it on an erroneous supposition that a
    record vote had disclosed a quorum (IV, 2972).

      (b) In the Committee of the Whole, the Chair shall order a recorded
    vote on request supported by at least twenty-five Members.

    -  (c) In the <> Committee of the Whole, the Chairman may, in his discretion,
    reduce to not less than five minutes the period of time within which a
    rollcall vote by electronic device may be taken without any intervening
    business or debate on any or all pending amendments after the vote has
    been taken on the first pending amendment.

      This clause was adopted in the 96th Congress (H. Res. 5, Jan. 15,
    1979, pp. 7-16).

    [[Page 675]]

      This paragraph was added in the 102d Congress (H. Res. 5, Jan. 3,
    1991, p. ----). A vote by division is not such intervening business as
    would preclude a five-minute vote under this clause (July 22, 1994, p.
    ----).

    Sec. 864b. Former provision for de novo vote where Delegates
    decisive.

        When the 103d Congress enabled voting by the Delegates and
    the Resident Commissioner in the Committee of the Whole, it also added a
    paragraph (d) to clause 2 of rule XXIII to provide for immediate
    reconsideration in the House of questions resolved in the Committee of
    the Whole House on the state of the Union by a margin within which the
    votes of Delegates and the Resident Commissioner have been decisive (H.
    Res. 5, Jan. 5, 1993, p. ----). When the 104th Congress repealed the
    authority for the Delegates and the Resident Commissioner to vote in the
    Committee of the Whole, it also repealed clause 2(d) (sec. 212(c), H.
    Res. 6, Jan. 4, 1995, p. ----).

      Under the former paragraph (d), whether the votes cast by the
    delegates were decisive was determined by a ``but for'' test, the
    question being whether the result would have been different if their
    votes were not counted (May 19, 1993, p.----). An amendment adopted by
    immediate proceedings de novo in the House under the former paragraph
    (d) did not disturb the sequence of a ``king-of-the-hill'' procedure
    established by a special rule waiving all points of order against
    subsequent amendments (Mar. 17, 1994, p.----).

    Sec. 865. Subjects requiring consideration in
    Committee of the Whole.

      3. All motions  or propositions involving a tax or charge upon
    the people, all proceedings touching appropriations of money, or bills
    making appropriations of money, or property, or requiring such
    appropriation to be made, or authorizing payments out of appropriations
    already made, or releasing any liability to the United States for money
    or property, or referring any claim to the Court of Claims, shall be
    first considered in a Committee of the Whole, and a point of order under
    this rule shall be good at any time before the consideration of a bill
    has commenced.

    [[Page 676]]

      The first form of this rule was adopted in 1794, and it has been
    perfected by amendments in 1874 and 1896 (IV, 4792).

    Sec. 866. Construction of the rule, requiring
    consideration in Committee of the Whole.

      To require  consideration in Committee
    of the Whole, a bill must show on its face that it falls within the
    requirements of the rule (IV, 4811-4817; VIII, 2391), but where the
    expenditure is a mere matter of speculation (IV, 4818-4821; VIII, 2388),
    or where the bill might involve a charge, but does not necessarily do so
    (IV, 4809, 4810), the rule does not apply. In passing upon the question
    as to whether a proposition involves a charge upon the Treasury, the
    Speaker is confined to the provisions of the text and may not take into
    consideration personal knowledge not directly deducible therefrom (VIII,
    2386, 2391). Resolutions reported by the Committee on House
    Administration (now House Oversight) appropriating from the contingent
    fund of the House are considered in the House (VIII, 2415, 2416).
    Authorizations of expenditures from the contingent fund, under the later
    ruling (IV, 4862-4867) do not fall within the specifications of the rule
    (IV, 4868). A bill providing for an expenditure which is to be borne
    otherwise than by the Government (IV, 4831; VIII, 2400), or relating to
    money in the Treasury in trust (IV, 4835, 4836, 4853; VIII, 2413), is
    not governed by the rule. But where a bill sets in motion a train of
    circumstances destined ultimately to involve certain expenditures, it
    must be considered in Committee of the Whole (IV, 4827; VIII, 2399), as
    must also bills ultimately authorizing officials in certain
    contingencies to part with property belonging to the United States
    (VIII, 2399). The requirements of the rule apply to amendments as well
    as to bills (IV, 4793, 4794; VIII, 2331), and also to any portion of a
    bill requiring an appropriation, even though it be merely incidental to
    the bill's main purpose (IV, 4825). Under the later practice general (as
    well as private and special) bills providing for the adjudication and
    payment of claims are held to be within the requirements of the rule
    (IV, 4856-4859).

    [[Page 677]]
    necessarily subject to the point of order that it must be considered in
    Committee of the Whole (IV, 4828, 4829; V, 5545, 5546, 5591).

    Sec. 867. Subjects not requiring consideration in
    Committee of the Whole.

      The  House may consider in Committee of the Whole
    subjects not specified in the rule (IV, 4822); for example, major
    amendments to the rules of the House have been considered in Committee
    of the Whole pursuant to special orders (H. Res. 988, Committee Reform
    Amendments of 1974, considered in Committee of the Whole pursuant to H.
    Res. 1395, Sept. 30, 1974, p. 32953; H.R. 17654, Legislative
    Reorganization Act of 1970, considered in Committee of the Whole
    pursuant to H. Res. 1093, July 13, 1970, p. 23901). While conference
    reports were formerly considered in Committee of the Whole, they may not
    be sent there on the suggestion of the point of order that they contain
    matter ordinarily requiring consideration therein (V, 6559-6561). When a
    bill is made a special order (IV, 3216-3224), or when unanimous consent
    is given for its consideration (IV, 4823; VIII, 2393), the effect is to
    discharge the Committee of the Whole and bring the bill before the House
    itself for its consideration (IV, 3216; VII, 788), and in such event the
    bill is considered ``in the House as in the Committee of the Whole''
    (VIII, 2393). When a bill once considered in Committee of the Whole is
    recommitted, it is not, when again reported,

    Sec. 868. General practice as to consideration in
    Committee of the Whole.

      Provisions  placing liability jointly on the United States
    and the District of Columbia (IV, 4833), granting an easement on public
    lands or in streets belonging to the United States (IV, 4840-4842),
    dedicating public land to be forever used as a public park (IV, 4837,
    4838), providing site for statue (VIII, 2405), confirming grants of
    public lands (IV, 4843) and creating new offices (IV, 4824, 4846), have
    been held to require consideration in Committee of the Whole. Indian
    lands have not been considered ``property'' of the Government within the
    meaning of the rule (IV, 4844, 4845; VIII, 2413). And while a bill
    removing the rate of postage has been held to be within the rule as
    ``involving a tax or charge'' (IV, 4861), taxes on bank circulation have
    not been so considered (IV, 4854, 4855).

      The mere making of a unanimous consent request to dispense with the
    reading of an amendment and to revise and extend remarks thereon is not
    such intervening business as would render a point of order untimely,
    where the Member making the point of order is on his feet seeking
    recognition (July 16, 1991, p. ----; see Procedure, ch. 31, sec. 5.7).

    Sec. 869. Order of business in Committee of the
    Whole.

      4. In  Committees of the Whole House business on their calendars may
    be taken up in regular order, or in such order as the committee may
    determine, unless the bill to be considered was determined by the House
    at the time of going into committee, but bills for raising revenue,
    general appropriation bills, and bills for the improvement of rivers and
    harbors shall have precedence.

      This rule applies to the two committees of the whole which have been
    established by the practice of the House (IV, 4705), the Committee of
    the Whole House on the state of the Union, which considers public bills,
    and the Committee of the Whole House, which considers private business
    (IV, 3115). The early practice left the order of taking up bills to be
    determined entirely by the committee, but in 1844 the House began by
    rule to regulate the order, and in 1880 adopted the present rule (IV,
    4729). The latter portion of the rule is rarely used, since the ordinary
    practice is to consider general appropriation bills under clause 9 of
    rule XVI, which gives privilege to motions to go into committee to
    consider a designated bill of this class (IV, 3072).

    [[Page 678]]
    (IV, 4730) or a motion to take up a specified bill out of its order
    (IV, 4731, 4732; VIII, 2333). Except in cases wherein the rules make
    specific provisions therefor a motion is not in order in the House to
    fix the order in which business on the calendars of the Committee of the
    Whole shall be taken up (IV, 4733). The Committee of the Whole having
    voted to consider a particular bill, and consideration having begun, a
    motion to reconsider or change that vote is not in order (IV, 4765).
    When there is unfinished business in Committee of the Whole, it is
    usually first in order (IV, 4735; VIII, 2334).

    -  5. (a) When <> general debate is closed by
    order of the House, any Member shall be allowed five minutes to explain
    any amendment he may offer, after which the Member who shall first
    obtain the floor shall be allowed to speak five minutes in opposition to
    it, and there shall be no further debate thereon, but the same privilege
    of debate shall be allowed in favor of and against any amendment that
    may be offered to an amendment; and neither an amendment nor an
    amendment to an amendment shall be withdrawn by the mover thereof unless
    by the unanimous consent of the committee. Upon the offering of any
    amendment by a Member, when the House is meeting in the Committee of the
    Whole, the Clerk shall promptly transmit to the majority committee table
    five copies of the amendment and five copies to the minority committee
    table. Further, the Clerk shall deliver at least one copy of the
    amendment to the majority cloak room and at least one copy to the
    minority cloak room.

      The power of the committee to determine the order of considering bills
    on its calendar is construed to authorize a motion to establish an order

    [[Page 679]]
    of the Whole both as to the bill generally and also as to any
    amendment; but in 1841 the rule that no Member should speak more than an
    hour was applied both to the Committee of the Whole and the House. At
    the same time another rule was adopted to prevent indefinite
    prolongation of debate in Committee of the Whole by permitting the House
    by majority vote to order the discharge of the Committee of the Whole
    from the consideration of a bill after acting, without debate, on
    pending amendments and any other amendments that might be offered. The
    effect of this was to empower the House to close general debate at any
    time after it had actually begun in the committee; and thereby to
    require amendments to be voted on without debate. In 1847 a rule
    provided that any Member proposing an amendment should have five minutes
    in which to explain it, and in 1850 an amendment to the rule permitted
    also five minutes in opposition and guarded against abuse by forbidding
    the withdrawal of an amendment when once offered (V, 5221). In the 104th
    Congress the Speaker announced his intention to strictly enforce time
    limitations on debate (Jan. 4, 1995, p. ----). The last two sentences of
    this clause, placing upon the Clerk the responsibility for providing
    copies of amendments, was part of the Legislative Reorganization Act of
    1970 (sec. 124; 84 Stat. 1140) and was added to the rule in the 92d
    Congress (H. Res. 5, Jan. 22, 1971, p. 144). The fact that copies of an
    amendment have not been made available as required in this clause is not
    grounds for a point of order against the amendment (June 21, 1974, p.
    20609; Mar. 25, 1976, p. 7997).
      A rule of 1789 provided that bills should be read and debated in
    Committee of the Whole and in the House by clauses. Although that rule
    has disappeared, the practice continues in Committee of the Whole,
    although not in the House. Originally there was unlimited debate in
    Committee

    [[Page 680]]
    time is present at the appropriate time during general debate in
    Committee of the Whole, the Chair may presume the time to have been
    yielded back (June 11, 1984, p. 15744). Motions for disposition of the
    bill are not in order before general debate is closed (IV, 4778); nor
    may a Member, in time yielded to him for general debate, move that the
    Committee rise (May 25, 1967, p. 14121) or yield to another for such
    motion (Feb. 22, 1950, p. 2178).-

    Sec. 871. Motion to close general debate in
    Committee of the Whole.

      The motion  to close general debate in Committee of the
    Whole, successor in the practice to the motion to discharge provided by
    the rule of 1841, is made in the House pending the motion that the House
    resolve itself into committee, and not after the House has voted to go
    into committee (V, 5208); and though not debatable, the previous
    question is sometimes ordered on it to prevent amendment (V, 5203); and
    in case the previous question is ordered, the 40 minutes debate under
    clause 2 of rule XXVII is not allowed (VIII, 2555, 2690). General debate
    must have already begun in Committee of the Whole before the motion to
    limit it is in order in the House (V, 5204-5206). The motion may not
    apply to a series of bills (V, 5209) and the motion in the House to
    limit debate on a bill in the Committee of the Whole must apply to the
    whole and not to a part of a bill (V, 5207). A proposition for a
    division of time may not be made as a part of it (V, 5210, 5211). The
    motion may not be made in Committee of the Whole (V, 5217; VIII, 2548);
    but in absence of an order by the House the Committee of the Whole may
    be unanimous consent determine as to general debate (V, 5232; VIII,
    2553). Where the House has fixed the time the committee may not, even by
    unanimous consent, extend it (V, 5212-5216; VIII, 2321, 2550; Mar. 27,
    1984, p. 6599). The general debate must close before amendments may be
    offered (IV, 4744; V, 5221); and it is closed by the fact that no Member
    desires to participate further (IV, 4745). Where no member of a
    committee designated to control

    [[Page 681]]
    ponent and an opponent, the five-minute rule is abrogated and the
    Members controllng the debate may yield and reserve time; whereas debate
    time on amendments under the five-minute rule cannot be reserved (Aug.
    1, 1990, p. ----). A Member recognized under the five-minute rule may
    not yield to another Member to offer an amendment (Dec. 12, 14, 1973,
    pp. 41171, 41716; Sept. 8, 1976, p. 29243; Mar. 7, 1995, p. ----).

    Sec. 872. Reading and amendment under the
    fiveminute rule.

      The reading  of the bill for amendment is not specifically
    required by the present form of the rule; but is done under a practice
    which was originally instituted by the rule of 1789 and has continued,
    although the rule was eliminated, undoubtedly by inadvertence, in the
    codification of 1880 (V, 5221). Revenue, general appropriation,
    lighthouse, and river and harbor bills are generally read by paragraphs;
    other bills by sections (IV, 4738, 4740); and while the matter is very
    largely in the discretion of the Chair (VIII, 2341, 2344, 2346), the
    Committee of the Whole has overruled his decision (VIII, 2347). A bill
    (or the remainder of a bill) may be considered as having been read and
    open to amendment by unanimous consent but not by motion (June 18, 1976,
    p. 19296). A Senate amendment, however, is read in entirety, and not by
    either paragraphs or sections (V, 6194) and an amendment in the nature
    of a substitute offered from the floor must also be read in its entirety
    and is then open to amendment at any point, and a unanimous consent
    request in Committee of the Whole that it be read by sections for
    amendment is not in order (Mar. 25, 1975, p. 8490). The Committee of the
    Whole may not, even by unanimous consent, prohibit the offering of an
    amendment otherwise in order under the five-minute rule (July 31, 1984,
    p. 21701; Mar. 7, 1995, p. ----). When a paragraph or section has been
    passed it is not in order to return thereto (IV, 4742, 4743) except by
    unanimous consent (IV, 4746, 4747; Deschler's Precedents, vol. 8, ch.
    26, sec. 2.26) or when, the reading of the bill being concluded and a
    motion to rise being decided in the negative, the committee on motion
    votes to return (IV, 4748). Where a bill is considered as read and open
    to amendment at any point, adoption of an amendment adding a new section
    at the end of the bill does not preclude subsquent amendments to
    previous sections of the bill (Apr. 17, 1986, p. 7861). But the chairman
    may direct a return to a section whereon, by error, no action was had on
    a pending amendment (IV, 4750). Points of order against a paragraph
    should be made before the next paragraph is read (V, 6931; VIII, 2351).
    The paragraph or section having been read, and an amendment offered, the
    right to explain or oppose that amendment has precedence of a motion to
    amend it (IV, 4751). In this debate recognitions are governed by the
    conditions of the pending question rather than by the general relations
    of majority and minority (V, 5223). The Member recognized may not yield
    time (V, 5035-5037; May 8, 1987, p. 11832; Dec. 10, 1987, p. 34686) and
    must confine himself to the subject (V, 5240-5256; VIII, 2591). Where
    debate on an amendment is limited or allocated by special order to a pro

      Where the Chair recognizes the proponent of an amendment to propound a
    unanimous consent request to modify the text of the amendment before
    commencing debate thereon, the Chair does not charge time consumed under
    a reservation of objection against the proponent's time for debate on
    the amendment (Feb. 3, 1993, p. ----; May 27, 1993, p. ----).-

    [[Page 682]]

    Sec. 873a. Pro forma amendments under the fiveminute
    rule.

      The pro  forma amendment to ``strike out the last word'' has long been
    used for purposes of debate or explanation where an actual amendment is
    not contemplated (V, 5778; VIII, 2591); but a pro forma amendment must
    be voted on unless withdrawn (VIII, 2874). A Member who has occupied
    five minutes on a pro forma amendment may not lengthen this time by
    making another pro forma amendment (V, 5222; VIII, 2560), nor may he
    then extend this time by offering a substantive amendment while other
    Members are seeking recognition (July 28, 1965, p. 18631). A Member
    recognized to offer a pro forma amendment under the five-minute rule may
    not during that time offer a substantive amendment but must be
    separately recognized for that purpose by the Chair (Nov. 19, 1987, p.
    32880). A Member may speak in opposition to a pending amendment and
    subsequently offer a pro forma amendment and debate that (June 30, 1955,
    p. 9614); a Member may offer a pro forma amendment to debate a second
    degree amendment and then offer another pro forma amendment to debate
    the underlying first degree amendment (June 28, 1995, p. ----); and a
    Member who has debated a substantive amendment may thereafter rise in
    opposition to a pro forma amendment thereto (July 20, 1951, p. 8566). A
    Member who has offered a substantive amendment and then debated it for
    five minutes may not extend his time by offering a pro forma amendment,
    as it is not in order for the offeror of an amendment to amend his own
    amendment except by unanimous consent (Oct. 14, 1987, p. 27898). A pro
    forma amendment may be offered after a substitute has been adopted and
    before the vote on the amendment, as amended, by unanimous consent only,
    since the amendment has been amended in its entirety and no further
    amendments, including pro forma amendments, are in order (Oct. 18, 1983,
    p. 28185; June 28, 1995, p. ----). A Member recognized on a pro forma
    amendment may not allocate or reserve time, though he may in yielding
    indicate to the Chair when he intends to reclaim his time (May 19, 1987,
    p. 12811; July 13, 1994, p. ----). The Chair endeavors to alternate
    recognition to offer pro forma amendments between majority and minority
    Members (giving priority to committee members) rather than between sides
    of the question (Mar. 21, 1994, p. ----).

    Sec. 873b. Motion to dispense with reading.

      (b) It  shall be
    in order to move in the Committee of the Whole to dispense with the
    reading of an amendment if the amendment has been printed in the bill as
    reported from a committee, or if any Member shall have caused the
    amendment to be printed in the Congressional Record, and to be submitted
    to the clerk, or to any responsible staff member designated by the
    Chairman, of the reporting committee or committees, at least one day
    prior to floor consideration, and said motion shall be decided without
    debate.

      Paragraph (b) was added in the 97th Congress (H. Res. 5, Jan. 5, 1981,
    pp. 98-113) to permit a motion to dispense with the reading of certain
    amendments in the Committee of the Whole.

    Sec. 873c. Unfunded mandates.

      (c) In the  consideration of
    any measure for amendment in the Committee of the Whole containing any
    Federal mandate the direct costs of which exceed the threshold in
    section 424(a)(1) of the Unfunded Mandate[s] Reform Act of 1995, it
    shall always be in order, unless specifically waived by terms of a rule
    governing consideration of that measure, to move to strike such Federal
    mandate from the portion of the bill then open to amendment.

    -
    [[Page 683]]

      Paragraph (c) was added by the Unfunded Mandates Reform Act of 1995
    (sec. 107(a), P.L. 104-4; 109 Stat. 63), to be effective on January 1,
    1996, or 90 days after appropriations are made available to the
    Congressional Budget Office pursuant to that Act, whichever is earlier.
    The section 424(a)(1) cited in the rule is actually in part B to title
    IV of the Congressional Budget Act of 1974 (2 U.S.C. 658c(a)(1)), as
    added by the Unfunded Mandates Reform Act of 1995 (sec. 101, P.L. 104-4;
    109 Stat. 50-60).

    [[Page 684]]
    ted for printing in that portion of the Record shall be given numerical
    designations in the order printed.

    Sec. 874. Closing the fiveminute debate in
    Committee of the Whole.

      6. The committee  may, by the vote of a majority of the Members
    present, at any time after the five minutes' debate has begun upon
    proposed amendments to any section or paragraph of a bill, close all
    debate upon such section or paragraph or, at its election, upon the
    pending amendments only (which motion shall be decided without debate);
    but this shall not preclude further amendment, to be decided without
    debate. However, if debate is closed on any section or paragraph under
    this clause before there has been debate on any amendment which any
    Member shall have caused to be printed in the Congressional Record after
    the reporting of the bill by the committee but at least one day prior to
    floor consideration of such amendment, the Member who caused such
    amendment to be printed in the Record shall be given five minutes in
    which to explain such amendment, after which the first person to obtain
    the floor shall be given five minutes in opposition to it, and there
    shall be no further debate thereon; but such time for debate shall not
    be allowed when the offering of such amendment is dilatory. Material
    placed in the Record pursuant to this provision shall indicate the full
    text of the proposed amendment, the name of the proponent Member, the
    number of the bill to which it will be offered and the point in the bill
    or amendment thereto where the amendment is intended to be offered, and
    shall appear in a portion of the Record designated for that purpose. All
    amendments to a specified measure submit

      This clause was adopted in 1860, with amendment in 1880 and 1885 (V,
    5221, 5224). The second sentence of this clause, permitting ten minutes
    debate on an amendment which has been printed in the Record even though
    debate has been closed by the Committee of the Whole, was inserted in
    the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144) following the
    enactment of an identical provision in section 119 of the Legislative
    Reorganization Act of 1970 (84 Stat. 1140).

      The penultimate sentence of the clause, relating to the procedure for
    submitting and the printing of amendments under the clause, was added in
    the 93d Congress (H. Res. 1387, Nov. 25, 1974, p. 37270). The last
    sentence, relating to the numbering of printed amendments, was added in
    the 104th Congress (sec. 217, H. Res. 6, Jan. 4, 1995, p. ----).

      The Speaker announced that amendments to be printed in the Record
    pursuant to this clause must be deposited in a separate box at the
    Rostrum or with the Official Reporters of Debates within 15 minutes
    following adjournment, and must bear the Member's original signature
    (Nov. 25, 1974, p. 37270). Printing an amendment in the Record under
    this clause permits debate notwithstanding a limitation of debate only
    if the amendment has been properly offered, and does not permit the
    offering of an amendment not otherwise in order under the rules (Apr.
    23, 1975, p. 11491); and the guaranteed five minutes may be claimed only
    if the offeror of the amendment is the Member who caused it to be
    printed under the rule (June 1, 1976, p. 16044; June 29, 1989, p. 13928;
    June 19, 1991, p.----). The guaranteed time applies to an amendment
    offered as a substitute for another amendment, rather than as a primary
    amendment, if offered in the precise form printed (June 26, 1979, p.
    16682), but where such a substitute amendment has not been printed in
    the Record it may not be debated unless time is yielded within the
    original 10 minutes (Dec. 10, 1987, p. 34710). Where a special order
    requires amendments to be printed in the Record to qualify during the
    consideration of a bill under the five-minute rule, but makes no
    designation concerning offerors, any printed amendment may be offered by
    any Member (Mar. 22, 1990, p. 5017); but only the Member causing the
    amendment to be printed is entitled to the time for debate guaranteed by
    this clause.

    [[Page 685]]
    may close the five-minute debate after it has begun (V, 5229, 5231),
    but rarely exercises this right. The motion to close debate, while not
    debatable (Apr. 23, 1975, p. 11534; June 5, 1975, p. 17187), may be
    amended (V, 5227; VIII, 2578). The closing of debate on the last section
    of a bill does not preclude debate on a substitute for the whole text
    (V, 5228). Where there is a time limitation on debate on a pending
    amendment in the nature of a substitute and all amendments thereto, but
    not on the underlying original text, debate on perfecting amendments to
    the original text proceeds under the five-minute rule absent another
    time limitation (Apr. 13, 1983, p. 8402). The motion may be ruled out
    when dilatory (V, 5734). Where five-minute debate has been limited to a
    certain number of minutes of debate without reference to a time certain,
    the time consumed by reading of amendments, quorum calls, points of
    order and votes is not taken from that remaining for debate (Oct. 3,
    1969, pp. 28459-60; Nov. 9, 1971, pp. 40060-61); but where debate has
    been limited to a time certain, such time comes out of the time
    remaining under the limitation and reduces the time which may be
    allocated to Members wishing to speak (May 6, 1970, p. 14452; Oct. 7,
    1976, pp. 26305-06). Where debate under the five-minute rule has been
    limited and equally divided, a Member allocated time may reserve a
    portion of his time or yield his time to another Member only by
    unanimous consent (Mar. 2, 1976, p. 4992; May 11, 1976, p. 13416; June
    14, 1977, p. 18833). A motion to limit debate on a pending amendment may
    neither allocate the time proposed to remain nor vary the order of
    recognition to close debate, though the Committee of the Whole may
    separately do either by unanimous consent (July 12, 1988, p. 17767).
    Under a limitation on debate the Chair may, in his discretion, either
    permit continued debate under the five-minute rule, or divide the
    remaining time among all those desiring to speak, or divide the
    remaining time between a proponent and an opponent to be yielded by them
    to other Members (May 25, 1982, p. 11672). Except as indicated in
    Sec. 762, supra, the manager of the bill, and not the proponent of the
    pending amendment, has the right to close debate on an amendment on
    which debate has been limited and allocated under the five-minute rule
    (July 16, 1981, p. 16043), even where he is also the proponent of a
    pending amendment to the amendment subject to the limitation (Mar. 16,
    1983, p. 5792). The Chair may also in his discretion give priority of
    recognition under a limitation to those Members seeking to offer
    amendments, over other Members standing at the time the limitation was
    agreed to (May 26, 1977, pp. 16950-52). Where the Committee of the Whole
    has limited debate time on a bill and all amendments thereto to a time
    certain several hours away, the Chair may in his discretion continue to
    proceed under the five-minute rule until he desires to allocate
    remaining time on possible amendments, and may then divide that time
    among proponents of anticipated amendments, and committee members
    opposing those amendments (July 16, 1981, p. 16044). The Chair has
    discretion to reallocate time originally allocated by unanimous consent
    in the Committee of the Whole (Mar. 16, 1995, p. ----). The Committee

    [[Page 686]]
    of the Whole may, by motion, limit debate on a pending committee
    amendment in the nature of a substitute (considered as having been read
    as original text) and on all amendments thereto to a time certain, and
    may then, by subsequent unanimous consent requests or motions,
    separately limit debate on each perfecting amendment after it has been
    offered (Mar. 16, 1983, p. 5794). A time limitation imposed by the
    Committee of the Whole under this clause may be rescinded or modified
    only by unanimous consent (Sept. 17, 1975, p. 28904). While ordinarily
    the expiration of time for debate on a bill and all amendments thereto
    precludes debate on amendments offered thereafter (July 18, 1968, p.
    22110), debate on an amendment printed in the Record may nevertheless
    proceed for 10 minutes under this clause (Aug. 2, 1973, p. 27715). While
    the Committee of the Whole may limit debate on amendments, it may not
    restrict the offering of amendments in contravention of a special order
    adopted by the House (June 25, 1985, p. 17201).

      The motion to close debate is not in order until such debate has begun
    (V, 5225; VIII, 2567), which means after one speech of five minutes (V,
    5226; VIII, 2573). The motion to strike the enacting clause under clause
    7 of this rule is preferential to the motion to close debate (June 28,
    1995, p. ----; July 13, 1995, p. ----). Although any Member may move, or
    request unanimous consent, to limit debate under the five-minute rule,
    the manager of the bill has the prior right to recognition for such
    purpose (June 19, 1984, p. 17055). The House, as well as the Committee
    of the Whole,

    Sec. 875. The motion to strike out the enacting words of
    a bill.

      7. A  motion to strike out the enacting words of a bill shall have
    precedence of a motion to amend, and, if carried, shall be considered
    equivalent to its rejection. Whenever a bill is reported from a
    Committee of the Whole with an adverse recommendation and such
    recommendation is disagreed to by the House, the bill shall stand
    recommitted to the said committee without further action by the House,
    but before the question of concurrence is submitted it is in order to
    entertain a motion to refer the bill to any committee, with or without
    instructions, and when the same is again reported to the House it shall
    be referred to the Committee of the Whole without debate.

    [[Page 687]]
    merely of the fact that the motion was used most frequently in
    Committee of the Whole (V, 5326, 5332). The motion must be in writing
    and in the proper form (July 24, 1986, p. 17641; Aug. 15, 1986, p.
    22071; Sept. 12, 1986, p. 23178).
      The practice of rejecting a bill by striking out the enacting words
    dates from a time as early as 1812, but the first rule on the subject
    was not adopted until 1822. By amendments in 1860, 1870, and 1880 the
    rule has been brought into its present form (V, 5326). The rule before
    1880 applied in the House as well as in Committee of the Whole. In the
    revision of 1880 for the first time it was classified among the rules
    relating to the Committee of the Whole, but there is nothing to indicate
    that this change was intended to limit the scope of the motion. It was
    probably a recognition

    Sec. 876a. Practice as to use of the motion to
    strike out the enacting clause.

      The motion  may not be made until the first
    section of the bill has been read (V, 5327; VIII, 2619). Having
    precedence of a motion to amend, it may be offered while an amendment is
    pending (V, 5328-5331; VIII, 2622, 2624, 2627). The motion takes
    precedence over the motion to amend and therefore over the motion to
    rise and report at the end of the reading of a general appropriation
    bill for amendment under clause 2(d) of rule XXI (July 24, 1986, p.
    17641). The motion also takes precedence over a motion to limit debate
    on pending amendments (June 28, 1995, p. ----; July 13, 1995). Where a
    special order provides that a bill shall be open to amendment in
    Committee of the Whole, a motion to strike out the enacting words is in
    order (VII, 787); contra (IV, 3215), but after the stage of amendment
    has been passed the motion to strike out the enacting words is not in
    order (IV, 4782; VIII, 2368). Where a bill is being considered under a
    special order which permits only committee amendments and no amendments
    thereto, a motion that the committee rise and report with the
    recommendation that the enacting clause be stricken is not in order
    where no committee amendments are in fact offered (Apr. 16, 1970, p.
    12092).

      The motion is debatable as to the merits of the bill, but may not go
    beyond its provisions (V, 5336). The debate on the motion is, in
    Committee of the Whole, governed by the five-minute rule (V, 5333-5335;
    VIII, 2618, 2628-2631); only two five-minute speeches are in order (V,
    5335; VIII, 2629), and time may not be reserved (May 22, 1991, p. ----);
    thus where a Member recognized for five minutes in opposition to the
    motion yields back his time another Member may not claim the unused
    portion thereof (Mar. 3, 1988, p. 3241). Members of the committee
    managing the bill have priority in recognition for debate in opposition
    to the motion (May 5, 1988, p. 9955; June 26, 1991, p. ----). The motion
    is not debatable after the expiration of time for debate on the pending
    bill and all amendments thereto (July 9, 1965, p. 16280; July 19, 1973,
    p. 24961; June 19, 1975, p. 19785), but it is debatable where the
    limitation is only on an amendment in the nature of a substitute being
    read as an original bill for the purpose of amendment under a special
    order (June 20, 1975, p. 19966). For more concerning debate on the
    motion, see Deschler's Precedents, vol. 5, ch. 19, sec. 12.

    [[Page 688]]
    to a proposed amendment to the bill. But where a committee amendment in
    the nature of a substitute is being read for amendment as an original
    bill, pursuant to a special order, the adoption of amendments to the
    amendment in the nature of a substitute allows the re-offering of the
    motion (June 20, 1975, p. 19970). A point of order against the motion
    should be made before debate thereon has begun (V, 6902; VIII, 3442; May
    6, 1950, p. 6571), and when challenged the Member offering the motion
    must qualify as being opposed to the bill (Mar. 13, 1942, p. 2439; May
    6, 1950, p. 6571; June 14, 1979, p. 14995; Jan. 26, 1995, p. ----). When
    a bill is reported from the Committee of the Whole with the
    recommendation that the enacting words be stricken out, the motion to
    strike out is debatable (V, 5337-5340), but a motion to lay on the table
    is not in order (V, 5337). The previous question may be moved on the
    motion to concur without applying to further action on the bill (V,
    5342). When the House disagrees to the action of the committee in
    striking out the enacting words and does not refer it under the
    provisions of the rule, it goes back to the Committee of the Whole,
    where it becomes unfinished business (V, 5326, 5345, 5346; VIII, 2633).
    Notwithstanding that consideration of the pending bill was governed by a
    ``modified closed rule'' permitting only specified amendments, pending
    the concurrence of the House with a recommendation of the Committee of
    the Whole that the enacting clause be stricken, the House could by
    instructions in a motion to refer under this clause direct the Committee
    of the Whole to consider additional germane amendments (Apr. 14, 1994,
    p. ----). When the enacting words of a bill are stricken out the bill is
    rejected (V, 5326); and when the enacting clause of a Senate measure is
    stricken, the bill is rejected (V, 5326), and the Senate is so informed
    (IV, 3423; VIII, 2638; June 20, 1946, p. 7211; Oct. 4, 1972, p. 33787).
      A second motion on the same legislative day to strike out the enacting
    clause is not entertained in the absence of any material modification of
    the bill (VIII, 2636), but the motion may be repeated on a subsequent
    legislative day without change in the bill (May 6, 1950, p. 6571). The
    rejection of a proposed amendment to the bill does not qualify as a
    modification of the bill (June 21, 1962, p. 11369), nor does the
    adoption of an amendment

      When, on Calendar Wednesday, the House disagrees to the recommendation
    of the Committee of the Whole that the enacting words be stricken out,
    the House automatically resolves itself into Committee of the Whole for
    its further consideration (VII, 943). When the bill is thus again taken
    up in Committee of the Whole it is taken up as unfinished business and
    is open to amendment, and the motion to strike out the enacting words
    may be again offered (VIII, 2633).

    [[Page 689]]
    Whole to consider an amendment to a concurrent resolution on the
    budget, or any amendment to an amendment thereto, unless the concurrent
    resolution as amended by such amendment or amendments (a) would be
    mathematically consistent (except to the extent that the amendment
    involved is limited by the third sentence of this clause); and (b) would
    contain all the matter set forth in paragraphs (1) through (5) of
    section 301(a) of the Congressional Budget Act of 1974. It shall not be
    in order in the House or in a Committee of the Whole to consider an
    amendment to a concurrent resolution on the budget, or any amendment to
    an amendment thereto, which changes the amount of the appropriate level
    of the public debt set forth in the concurrent resolution as reported;
    except that the amendments to achieve mathematical consistency which are
    permitted under section 305(a)(6) of the Congressional Budget Act of
    1974 may include an amendment, offered by or at the direction of the
    Committee on the Budget, to adjust the amount of such level to reflect
    any changes made in the other figures contained in the resolution.

    Sec. 876b. Reading concurrent resolution on budget
    for amendment.

      8. At the  conclusion of general debate in a Committee of the
    Whole on any concurrent resolution on the budget pursuant to section
    305(a) of the Congressional Budget Act of 1974, the concurrent
    resolution shall be considered as having been read for amendment. It
    shall not be in order in the House or in a Committee of the

    [[Page 690]]

      The first sentence of this clause was added to the rules on January 4,
    1977 (H. Res. 5, 95th Cong., pp. 53-70). The second sentence was adopted
    in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16). In the 96th
    Congress the second sentence was amended further and the third sentence
    added by Public Law 96-78 (93 Stat. 589) and was originally intended to
    apply to concurrent resolutions on the budget for fiscal years beginning
    on or after October 1, 1980 (fiscal 1980). However, in the 96th Congress
    the provisions of that public law amending the rules of the House were
    made applicable to the third concurrent resolution on the budget for
    fiscal year 1980 as well as the first concurrent resolution on the
    budget for fiscal year 1981 (H. Res. 642, Apr. 23, 1980, pp. 8789-90).

    Sec. 877. Application of rules of the House to the
    Committee of the Whole.

      9. The  rules of proceeding in the House shall be
    observed in Committees of the Whole House so far as they may be
    applicable.

      This clause was adopted in 1789 (IV, 4737).

    Sec. 877a. Modification of special
    orders.

      Unanimous consent  requests may not be entertained in the Committee of the Whole
    by the Chair if their effect is to materially modify procedures required
    by a special rule or order adopted by the House. For example, the Chair
    has refused to entertain unanimous consent requests: (1) to permit a
    perfecting amendment to be offered to the underlying bill where a
    special rule permitted its consideration only as a perfecting amendment
    to a committee amendment (Aug. 2, 1977, p. 26161); (2) to permit a
    substitute to be read by sections for amendment where the special rule
    did not so provide (Dec. 12, 1973, p. 41153); (3) to extend the time
    limitation for consideration of amendments beyond that set by a special
    order requiring the Chair to put the question on the pending amendments
    at the expiration of certain hours of consideration (Apr. 10, 1986, p.
    7079; Oct. 30, 1991, p. ----); (4) to modify the terms of a special
    order permitting consideration of certain amendments only en bloc, in
    order to permit separate consideration of one of the amendments (Sept.
    11, 1986, p. 22871); (5) to change the control (Oct. 9, 1986, p. 29984)
    or duration (Aug. 1, 1989, p. 17143; Mar. 12, 1991, p. ----; Mar. 17,
    1993, p. ----) of general debate specified by the House; (6) to reduce
    below 15 minutes the minimum time for recorded votes in the Committee of
    the Whole (June 18, 1987, p. 16764), or to postpone certain recorded
    votes where a special order authorized the Chair to postpone requests
    for recorded votes on amendments (June 4, 1992, p. ----); (7) to alter
    the terms of a special rule providing that an amendment not be subject
    to amendment, by permitting a perfecting amendment thereto or a
    subsequent amendment changing an amendment already adopted (Nov. 18,
    1987, p. 32643; July 26, 1989, p. 16411); (8) to permit consideration of
    an amendment out of the order specified in a special rule (May 25, 1988,
    p. 12275; Oct. 31, 1991, p. ----; Nov. 19, 1993, p. ----); (9) to vary
    the terms of a ``modified closed'' rule to permit consideration of an
    additional amendment (July 28, 1988, p. 19491); (10) to permit another
    to offer an amendment vested in a specified Member by the special order
    (May 1, 1990, p. ----).

    [[Page 691]]
    ments to be considered in the Committee of the Whole and to restrict
    ``en blocking'' authority granted in a rule (June 21, 1989, p. 12744).
      By unanimous consent the House has altered the terms of a special
    order, for example: (1) to make an additional amendment in order in the
    Committee of the Whole under a ``modified closed'' rule and to authorize
    a supplemental report from the Committee on Rules in lieu of the
    original report referred to in the special order (Speaker Wright, Aug.
    11, 1988, p. 22105), or to change the specified order of amendments in
    Committee (Oct. 3, 1990, p. ----); and (2) to establish a preprinting
    requirement for certain amend

      Unanimous consent requests have been entertained in Committee of the
    Whole: (1) to permit the modification of a designated amendment made in
    order by a special rule, once offered (Sept. 1, 1976, p. 28877; Nov. 19,
    1993, p. ----); (2) to permit a page reference to be included in a
    designated amendment made in order as printed where the printed
    amendment did not include that reference (Apr. 1, 1976, p. 9091); (3) to
    permit a supporter of an amendment to claim debate time allocated by
    special order to an opponent, where no opponent seeks recognition (May
    23, 1990, p. 11988); (4) to shorten the time set by special order for
    debate on a particular amendment (Aug. 1, 1990, p. ----; Mar. 29, 1995,
    p. ----); (5) to lengthen such time under terms of control congruent
    with those set by the order of the House (May 11, 1988, p. 10495; May
    21, 1991, p. ----; Mar. 22, 1995, p. ----; June 27, 1995, p. ----); (6)
    to permit en bloc consideration of several amendments under a ``modified
    closed'' special order providing for the sequential consideration of
    designated separate amendments (Aug. 10, 1994, p. ----); or (7) to
    permit one of two committees controlling time for general debate
    pursuant to a special order to yield control of its time to the other
    (Aug. 18, 1994, p. ----).

    [House Rules Manual -- House Document No. 103-342]
    [Page 691-707]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-108]

      By unanimous consent the House may delegate to the Committee of the
    Whole authority to entertain unanimous consent requests to change
    procedures contained in an adopted special order (Aug. 11, 1986, p.
    20633).

                                   Rule XXIV.

                               ORDER OF BUSINESS.

    Sec. 878. The rule for the order of business in the House.

      1. The daily order of business shall be as follows:

    First. Prayer by the Chaplain. l  Second. Reading and approval of the
    Journal, unless postponed pursuant to the provisions of clause 5(b)(1)
    of rule I.

      Third. The Pledge of Allegiance to the Flag.

      Fourth. Correction of reference of public bills.

      Fifth. Disposal of business on the Speaker's table.

    [[Page 692]]

      Sixth. Unfinished business.

      Seventh. The morning hour for the consideration of bills called up by
    committees.

      Eighth. Motions to go into Committee of the Whole House on the state
    of the Union.

      Ninth. Orders of the day.

      Originally the House had no rule prescribing an order of business, but
    certain simple usages were gradually established by practice before the
    first rule on the subject was adopted in 1811. The rule was amended
    frequently in an endeavor so to arrange the business as to give the
    House as large a freedom as possible in selecting for consideration and
    completing the consideration of the bills that it deems most important.
    The basic form of the rule has been in place since (IV, 3056). The 98th
    Congress made a conforming change to the second order of business
    relating to the postponement of the vote on approval of the Journal (H.
    Res. 5, Jan. 3, 1983, p. 34). The 104th Congress added the present third
    order of business respecting the Pledge of Allegiance (sec. 218, H. Res.
    6, Jan. 4, 1995, p. ----).

      The Speaker does not entertain a point of no quorum before the prayer
    is offered (VI, 663). Under clause 6 of rule XV, a point of no quorum
    may not be entertained before or during the offering of prayer or unless
    a question is pending (see Sec. 774c, supra).

    [[Page 693]]

    <>   The privileged matters which may interrupt the order
    of business are as follows: l  (1) General appropriation bills (clause 9
    of rule XVI; IV, 3072). l  (2) Conference reports (clause 1(a) of rule
    XXVIII; V, 6443) and motions to discharge or instruct conferees (clause
    1(b) of rule XXVIII).

    Sec. 879. Privileged interruptions of the order of
    business in the House.

      This rule  does not, however, bind the House to a daily
    routine, since the system of making certain important subjects
    privileged (see clause 4(a) of rule XI, clause 9 of rule XVI, and rule
    XXVIII) permits the interruption of the order of business by matters
    which, in fact, often supplant it entirely for days at a time. But on
    any day, when the order of business is interrupted by a privileged
    matter, the business in order goes on from the place of interruption
    (IV, 3070, 3071) unless the House adjourn. After an adjournment the
    House begins again at the beginning. While privileged matters may
    interrupt the order of business, they may do so only with the consent of
    a majority of the House, expressed as to appropriation bills by the vote
    on going into Committee of the Whole to consider such bills, and as to
    matters like conference reports, questions of privilege, etc., by
    raising and voting on the question of consideration. The only exceptions
    to the principle that a majority may prevent interruption is contained
    in clauses 6 and 7 of rule XXIV, providing for a call of the private
    calendar on the first Tuesday of each month and a call of committees on
    Wednesdays. By this combination of an order of business with privileged
    interruptions the House is enabled to give precedence to its most
    important business without at the same time losing the power by majority
    vote to go to any other bills on its calendars.

      (3) Special orders reported by the Committee on Rules for
    consideration by the House (clause 4(b) of rule XI; IV, 3070-3076,
    4621).

      (4) Consideration of amendments between the Houses after disagreement
    (IV, 3149, 3150).

      (5) Questions of privilege (rule IX; III, 2521).

      (6) Privileged bills reported under the right to report at any time
    (clause 4(a) of rule XI; IV, 3142-3144, 4621; clause 5 of rule XXII).

      (7) Call of committees on Wednesdays for bills on House and Union
    Calendars (clause 7 of rule XXIV).

      (8) Private business on Tuesday (clause 6 of rule XXIV).

      (9) Motions on the second and fourth Mondays of the month to discharge
    committees on public bills and resolutions (clause 3 of rule XXVII), and
    consideration of District of Columbia business (clause 8 of rule XXIV;
    IV, 3304).

      (10) Consideration of bills on the former Consent Calendar (clause 4
    of rule XIII), and motions to suspend the rules and pass bills out of
    the regular order (clause 1 of rule XXVII; V, 6790).

      (11) Bills coming over from a previous day with the previous question
    ordered (V, 5510-5517).

      (12) Bills returned with the objections of the President (IV, 3534-
    3536).

      (13) Motions to send a bill to conference (under clause 1 of rule XX;
    Aug. 1, 1972, p. 26153).

      In addition to these matters, the House by practice permits its order
    of business to be interrupted, at the discretion of the Speaker, for the
    reception of messages (V, 6602). Addressing the House out of order by
    unanimous consent, the Speaker announced that on at least two subsequent
    days he would recognize designated Members after approval of the Journal
    to lead the House in the pledge of allegiance to the flag (Speaker
    Wright, Sept. 9, 1988, p. 23310). Requests of Members for leaves of
    absence are in practice put before the House at the time of adjournment
    (IV, 3151).

    [[Page 694]]
    suspend the order of business temporarily (IV, 3059). Therefore any
    Member, including the Speaker, may object, or reserve the right to
    object and inquire, for example, about the reasons for the request, or
    demand the ``regular order'' (IV, 3058). Debate under a reservation of
    objection proceeds at the sufferance of the House and may not continue
    after a demand for the regular order (Speaker Foley, Nov. 14, 1991, p.
    ----). A Member objecting to a unanimous consent request or demanding
    the regular order when another has reserved the right to object must
    stand to be observed by the Chair (Nov. 7, 1991, p. ----; June 23, 1992,
    p. ----). The Speaker, however, usually signifies his objection by
    declining to put the request of the Member, thus saving the time of the
    House. The Speaker's guidelines for recognition for unanimous consent
    requests for consideration of unreported measures are issued pursuant to
    clause 2 of rule XIV and are discussed in Sec. 757, supra. The request
    for unanimous consent began to be used about 1832 when the House first
    felt a pressure of business and the necessity of adhering to a fixed
    order (IV, 3155-3159). In 1909, by the adoption of clause 4 of rule
    XIII, a Consent Calendar was established, which was abolished in the
    104th Congress (H. Res. 168, June 20, 1995, p. ----). For discussion of
    unanimous consent requests and reservations of objections, see
    Procedure, ch. 23, sec. 2, and Sec. 757, supra. Unanimous consent for
    the immediate consideration of a measure in the House does not preclude
    a demand for a record vote when the Chair puts the question on final
    passage, since it merely permits consideration of a matter not otherwise
    privileged (Dec. 16, 1987, p. 35816).

    <>   2.
    Business on the Speaker's table shall be disposed of as follows:
    Messages from the President shall be referred to the appropriate
    committees without debate. Reports and communications from heads of
    departments, and other communications addressed to the House, and bills,
    resolutions, and messages from the Senate may be referred to the
    appropriate committees in the same manner and with the same right of
    correction as public bills presented by Members; but House bills with
    Senate amendments which do not require consideration in a Committee of
    the Whole may be at once disposed of as the House may determine, as may
    also Senate bills sub

    [[Page 695]]
    stantially the same as House bills already favorably reported by a
    committee of the House, and not required to be considered in Committee
    of the Whole, be disposed of in the same manner on motion directed to be
    made by such committee.

    Sec. 881. The interruption of the order of business
    by the request for unanimous consent.

      When the  House has no rule establishing
    an order of business, as at the beginning of a session before the
    adoption of rules, it is in order for any Member who is recognized by
    the Chair to offer a proposition relating to the order of business
    without asking consent of the House (IV, 3060). But after the adoption
    of the rule for the order of business, interruptions are confined to
    matters privileged to interrupt or to cases wherein the House gives
    unanimous consent for an interruption. A request for unanimous consent
    to consider a bill is in effect a request to

      A rule to govern disposition of business on the Speaker's table (to be
    distinguished from the table of the House, which is the Clerk's table)
    was adopted in 1832. In 1880 and 1885 efforts were made to so modify the
    rule as to prevent delays in business on the Speaker's table, but it was
    not until 1890 that the present rule was adopted (IV, 3089).

    [[Page 696]]
    of Senate amendments at the Speaker's table (Apr. 26, 1984, p. 10194;
    Feb. 4, 1987, p. 2676) discussed in Sec. 757, supra. A Senate bill to
    come before the House directly from the table must conform to the
    conditions prescribed by the rule (IV, 3098, 3099; VI, 727, 734, 737),
    and must have come to the House after and not before the House bill
    ``substantially the same'' has been placed on the House Calendar (IV,
    3096; VI, 727, 736, 738). In the event the House bill has passed before
    the Senate bill is received, the Senate bill may nevertheless be
    disposed of on motion directed by the committee (VI, 734, 735). The
    House bill must be correctly on the House Calendar (VI, 736). In
    determining whether the House bill is substantially the same as the
    Senate bill, amendments recommended by the House committee must be
    considered (VI, 734, 736). The rule applies to private as well as to
    public Senate bills (IV, 3101), and to concurrent resolutions as well as
    to bills (IV, 3097). Although a committee must authorize the calling up
    of the Senate bill (VI, 739), the actual motion need not be made by one
    of the committee (IV, 3100). The authority of a committee to call up a
    bill must be given at a formal meeting of the committee (VIII, 2211,
    2212, 2222).

    Sec. 883. Matters on Speaker's table for action by the
    House or by the Speaker alone.

      Such  portions of messages from the Senate as
    require action by the House, all messages from the President except
    those transmitting his objections to bills (IV, 3534-3536), and all
    communications and reports from the heads of departments go to the
    Speaker's table when received, to be disposed of under this rule. Simple
    resolutions of the Senate that do not require any action by the House
    are not referred (VII, 1048). All of the President's messages and such
    portions of Senate messages as, being House bills with Senate
    amendments, do not require consideration in Committee of the Whole are
    laid before the House for action; but communications other than messages
    from the President, all portions of Senate messages requiring
    consideration in Committee of the Whole (IV, 3101), and Senate bills of
    all kinds (with the exception noted in the rule) are referred to the
    appropriate standing committees under direction of the Speaker without
    action by the House (IV, 3107, 3111; VI, 727). A House bill returned
    with Senate amendments involving a new matter of appropriation, whether
    with or without a request for a conference, may be referred directly to
    a standing committee (VI, 731), and on being reported therefrom is
    referred directly to the Committee of the Whole (IV, 3094, 3095, 3108-
    3110). The usual practice, however, is to take from the Speaker's table
    and send to conference by unanimous consent (VI, 732). The Speaker's
    authority under this clause includes the discretionary authority to
    refer from the Speaker's table Senate amendments to House passed bills,
    to standing committees, under any conditions permitted under clause 5 of
    rule X for referral of introduced bills; he may for example impose a
    time limitation for consideration only of a portion of the Senate
    amendment, not germane to the original House bill, by the standing
    committee with subject-matter jurisdiction, without referring the
    remainder of the Senate amendment to the House committee with
    jurisdiction over the original House bill (Speaker O'Neill, H.R. 31,
    Mar. 26, 1981, p. 5397). The Speaker announced his policy regarding
    referral of nongermane Senate amendments to committee (Jan. 3, 1983, p.
    54; Jan. 6, 1987, p. 21); and his policy regarding recognition for
    unanimous consent requests to dispose

    Sec. 884. Reference of President's messages from the
    Speaker's table.

      A  message of the President on the Speaker's table is
    regularly laid before the House only at the time prescribed by the order
    of business (V, 6635-6638). While it is always read in full and entered
    on the Journal and the Congressional Record (V, 6963), the accompanying
    documents are not read on demand of a Member or entered in the Journal
    or Record (V, 5267-5271; VII, 1108). The annual message of the President
    is usually referred to the Committee of the Whole House on the State of
    the Union by the House on motion (V, 6631). In the earlier practice it
    was distributed to appropriate standing committees by resolutions
    reported from the Committee on Ways and Means (V, 6621, 6622) but since
    the first session of the 64th Congress the practice has been
    discontinued (VIII, 3350). A portion of the annual message has been
    referred directly to a select committee (V, 6628). A message other than
    an annual message is usually referred directly to a standing committee
    by direction of the Speaker (IV, 4053; VIII, 3346), but may be referred
    by the House itself on motion by a Member (V, 6631; VIII, 3348), and
    such motion is privileged (VIII, 3348). This reference may be to a
    select as well as to a standing committee (V, 6633, 6634).

    [[Page 697]]
    after until disposed of, and the consideration of all other unfinished
    business shall be resumed whenever the class of business to which it
    belongs shall be in order under the rules.

    Sec. 885. Unfinished business.

      3. The  consideration of the
    unfinished business in which the House may be engaged at an adjournment,
    except business in the morning hour, shall be resumed as soon as the
    business on the Speaker's table is finished, and at the same time each
    day there

      The first rule relating to unfinished business was adopted in 1794.
    Changes were made in 1860 and 1880, but the rule finally became
    unsatisfactory, because of delays caused by it, and in 1890 the present
    form was adopted (IV, 3112).

    Sec. 886. Construction of rule as to unfinished
    business.

      The ``business  in which the House may be engaged at an adjournment'' means,
    literally, business in the House, as distinguished from the Committee of
    the Whole; and it further means business in which the House is engaged
    in its general legislative time, as distinguished from the special
    periods set aside for classes of business, like the morning hour for
    calls of committee, Tuesdays for private bills, etc. In general, all
    business unfinished in the general legislative time goes over as
    unfinished business under the rule, but there are a few exceptions.
    Thus, a motion relating to the order of business does not recur as
    unfinished business on a succeeding day, even though the yeas and nays
    may have been ordered on it (IV, 3114). The question of consideration,
    also, when not disposed of at an adjournment, does not recur as
    unfinished business on a succeeding day (V, 4947, 4948), but may be
    again raised on a subsequent day when the matter is again called up as
    unfinished business (VIII, 2438). Where the House adjourns during the
    consideration of a report from the Committee on Rules, further
    consideration of the report becomes the unfinished business on the
    following day, and debate resumes from the point where interrupted
    (Sept. 27, 1993, p. ----; Sept. 28, 1993, p. ----).

    [[Page 698]]

    Sec. 887. Effect of previous question.

      When the  House
    adjourns before voting on a proposition on which the previous question
    has been ordered, either directly or by the terms of a special order
    (IV, 3185), the matter comes up the next day as unfinished business (V,
    5510-5517; VIII, 2691; Aug. 2, 1989, p. 18187). If several bills come
    over in this situation, they have precedence in the order in which the
    several motions for the previous question were made (V, 5518). When the
    previous question is ordered on a bill undisposed of at adjournment on
    Friday, the bill comes up for disposition on the next legislative day
    (VIII, 2694). A bill going over from Calendar Wednesday with the
    previous question ordered on it should be disposed of on the next
    legislative day (VII, 967), but when the previous question is ordered on
    a bill undisposed of when the House adjourns Tuesday, the bill goes over
    until Thursday (VII, 890-894; VIII, 2674, 2691). A bill coming over from
    a preceding day with the previous question ordered was of equal
    privilege with business on the former Consent Calendar (VII, 990).

    Sec. 888. Business unfinished in periods set apart
    for classes of business.

      The rule  excepts by its terms certain classes of
    business which are considered in periods set apart for classes of
    business, viz: l  (a) Bills considered in the morning hour and on
    Calendar Wednesday for the call of committees. l  (b) Bills in Committee
    of the Whole.

      (c) Private bills considered on Tuesdays.

      (d) District of Columbia bills.

      (e) Bills brought up under the rule setting apart days for motions to
    suspend the rules, the Corrections Calendar, motions to discharge
    committees, and bills under consideration after a committee has been
    discharged.

      A bill brought up in the morning hour and undisposed of when the call
    ceases for the day remains as unfinished business in the morning hour
    (IV, 3113, 3120), i.e., it is considered when the House next goes to a
    call of committees. Business unfinished when the Committee of the Whole
    rises remains unfinished, to be considered first in order when the House
    next goes into Committee of the Whole to consider that business (IV,
    4735, 4736). Private bills unfinished on a Tuesday go over to the next
    Tuesday, and must be considered before the motion to go into Committee
    of the Whole House to consider other private bills. But when public
    business is considered on a Tuesday the unfinished business goes over
    until the next legislative day.

      On District of Columbia day business unfinished on the preceding
    District day is in order for consideration, but does not come before the
    House unless called up (IV, 3307; VII, 879). Unless postponed under
    clause 5 of rule I, a motion to suspend the rules on which a second has
    been ordered, and which is undisposed of on one suspension day, goes
    over as unfinished business to the next suspension day, individual
    motions going over to a committee day, and vice versa (V, 6814-6816;
    VII, 1005; VIII, 3411, 3412). Where the second has not been ordered,
    there is doubt as to whether or not the motion goes over as unfinished
    business (V, 6817, 6818).

    [[Page 699]]
    sideration: Provided, That whenever any committee shall have occupied
    the morning hour on two days, it shall not be in order to call up any
    other bill until the other committees have been called in their turn.

    Sec. 889. The morning hour for the call of
    committees.

      4. After the  unfinished business has been disposed of, the Speaker
    shall call each standing committee in regular order, and then select
    committees, and each committee when named may call up for consideration
    any bill reported by it on a previous day and on the House Calendar, and
    if the Speaker shall not complete the call of the Committees before the
    House passes to other business, he shall resume the next call where he
    left off, giving preference to the last bill under con

      The ``morning hour'' is one of the oldest devices of the rules for
    devoting an early portion of the session to a specific class of
    business. Until 1885 it was the hour for the reception of reports from
    committees. In 1890 it was provided that reports should be filed with
    the clerk, and the morning hour was by this rule devoted to a call of
    committees for the consideration of House Calendar bills (IV, 3181).
    Since the adoption of the Calendar Wednesday rule (clause 7 of rule
    XXIV), the ``morning hour'' has been used but a very few times.

    [[Page 700]]

    Sec. 890. Procedure in the morning
    hour.

      Originally the  morning hour was a fixed period of sixty minutes (IV, 3118); but
    under the present rules (clause 4 of rule XXIV) it does not terminate
    until the call is exhausted or until the House adjourns (IV, 3119),
    unless the House on motion made at the end of sixty minutes votes to go
    into Committee of the Whole House on the state of the Union (clause 5 of
    rule XXIV; IV, 3134), or unless other privileged matter intervenes (IV,
    3131, 3132). Before the expiration of the sixty minutes the Speaker has
    declined to permit the call to be interrupted by a privileged report
    (IV, 3132) or by unanimous consent (IV, 3130). Where the business for
    which the call is interrupted is concluded, the call is resumed unless
    there be other interrupting business or the House adjourns (IV, 3133). A
    bill once brought up on the call continues before the House in that
    order of business until disposed of (IV, 3120), unless withdrawn by
    authority of the committee before action which puts it in possession of
    the House (IV, 3129); and may not be made a special order for a future
    day by a motion to postpone to a day certain (IV, 3164). In order to be
    called up in this order a bill must actually be on the House Calendar,
    and properly there, in order to be considered (IV, 3122-3126), and a
    bill on the Union Calendar may not be brought up on call of committees
    under this clause (VI, 753). In case the authority of the committee to
    call up a bill is disputed the Speaker does not consider it his duty to
    decide the question (IV, 3127), but has made decision on statements from
    the chairman and other members of the committee (IV, 3128).

    Sec. 891. Interruption of the call of committees by
    motion to go into Committee of the Whole House on the state of the
    Union.

      5. After  one hour shall have been devoted to the consideration of bills
    called up by committees, it shall be in order, pending consideration or
    discussion thereof, to entertain a motion to go into Committee of the
    Whole House on the state of the Union, or, when authorized by a
    committee, to go into the Committee of the Whole House on the state of
    the Union to consider a particular bill, to which motion one amendment
    only, designating another bill, may be made; and if either motion be
    determined in the negative, it shall not be in order to make either
    motion again until the disposal of the matter under consideration or
    discussion.

      This portion of the rule was adopted in 1890 as part of the plan for
    enabling the House at will to go at any time to any public bill on its
    calendars (IV, 3134).

    [[Page 701]]

    Sec. 892. Conditions of the motion to go into
    Committee of the Whole at the end of one hour.

      The words  of the rule ``one hour
    after'' have been interpreted to mean a less time in case the call of
    committees shall have exhausted itself before the expiration of one hour
    (IV, 3135); but not otherwise (IV, 3141). After the House has been in
    Committee of the Whole under this order and has risen and reported, and
    the report has been acted on by the House, other motions to go into
    committee to consider other bills are in order (IV, 3136). The motion to
    go into committee generally may be made by the individual Member (IV,
    3138), but when it is proposed to designate a particular bill he must
    have the authority of a committee (IV, 3138). The amendment to the
    motion to consider a particular bill must refer to a bill on the Union
    Calendar (IV, 3139). This order of business is used entirely for non-
    privileged bills and is not used in the House for consideration of bills
    in Committee of the Whole House on the state of the Union if otherwise
    privileged (such as general appropriation bills and revenue bills, which
    have priority for consideration under clause 9 of rule XVI, and bills
    reported under the leave to report to the House at any time pursuant to
    clause 4(a) of rule XI).

    Sec. 893. Interruption of the regular order on
    Tuesdays for consideration of the Private Calendar.

      6. On the  first Tuesday of
    each month after disposal of such business on the Speaker's table as
    requires reference only, the Speaker shall direct the Clerk to call the
    bills and resolutions on the Private Calendar. Should objection be made
    by two or more Members to the consideration of any bill or resolution so
    called, it shall be recommitted to the committee which reported the bill
    or resolution, and no reservation of objection shall be entertained by
    the Speaker. Such bills and resolutions, if considered, shall be
    considered in the House as in the Committee of the Whole. No other
    business shall be in order on this day unless the House, by two-thirds
    vote on motion to dispense therewith, shall otherwise determine. On such
    motion debate shall be limited to five minutes for and five minutes
    against said motion.

    [[Page 702]]
    reported the bill or resolution and no reservation of objection shall
    be entertained by the Speaker.
      On the third Tuesday of each month after the disposal of such business
    on the Speaker's table as requires reference only, the Speaker may
    direct the Clerk to call the bills and resolutions on the Private
    Calendar, preference to be given to omnibus bills containing bills or
    resolutions which have previously been objected to on a call of the
    Private Calendar. All bills and resolutions on the Private Calendar so
    called, if considered, shall be considered in the House as in the
    Committee of the Whole. Should objection be made by two or more members
    to the consideration of any bill or resolution other than an omnibus
    bill, it shall be recommitted to the committee which

      Omnibus bills shall be read for amendment by paragraph, and no
    amendment shall be in order except to strike out or to reduce amounts of
    money stated or to provide limitations. Any item or matter stricken from
    an omnibus bill shall not thereafter during the same session of Congress
    be included in any omnibus bill.

      Upon passage of any such omnibus bill, said bill shall be resolved
    into the several bills and resolutions of which it is composed, and such
    original bills and resolutions, with any amendments adopted by the
    House, shall be engrossed, where necessary, and proceedings thereon had
    as if said bills and resolutions had been passed in the House severally.

      In the consideration of any omnibus bill the proceedings as set forth
    above shall have the same force and effect as if each Senate and House
    bill or resolution therein contained or referred to were considered by
    the House as a separate and distinct bill or resolution.

    Sec. 894. Tuesday as a day for private
    business.

      This  provision was adopted in the 62d Congress in lieu of special
    orders under which pension and private business formerly had been
    considered. The rule was amended on April 23, 1932 (VII, 846) and was
    adopted in its present form on March 27, 1935, pp. 4480-89, 4538. Clause
    2 of rule XXII prohibits consideration of certain private bills. Under
    clause 6(e)(2) of rule XV, the Speaker may in his discretion recognize a
    Member to move a call of the House prior to the call of the Private
    Calendar (July 8, 1987, p. 18972).

    [[Page 703]]
    the five-minute rule are not entertained (Speaker Byrns, Mar. 17, 1936,
    pp. 3890, 3894-95).

    Sec. 895. Methods of considering omnibus
    bills.

      During the  consideration of omnibus bills the Chair declines to recognize
    Members for unanimous consent requests to address the House, (Speaker
    pro tempore O'Connor, May 7, 1935, p. 7100); motions to strike out the
    last word are not in order, and requests for extension of time under

      An omnibus private bill is normally passed over by the Clerk when the
    Private Calendar is called on the first Tuesday of the month, but the
    House may prescribe, by special order, that such omnibus bills shall be
    passed over (June 27, 1968, p. 19106). During the consideration of the
    First Omnibus Bill of 1968, seven roll calls occurred and seven of the
    15 bills carried therein were stricken by motion (Sept. 17, 1968, pp.
    27165-84). Amendments to the bill were strictly limited by the rule to
    those striking out or reducing amounts of money carried in the bill or
    to provide limitations, and debate on those permissible motions was
    under the five-minute rule. After the passage of an omnibus bill, it is
    resolved into the various private bills of which it is composed and each
    is engrossed and messaged to the Senate as if individually passed; thus
    it is possible, after passage of the omnibus bill, to lay on the table a
    private House or Senate bill which was included therein (by unanimous
    consent) (Sept. 17, 1968, pp. 27184-85).

      On the third Tuesday of the month, the calendar is not called unless
    the Speaker so directs (Oct. 16, 1990, p. ----); and when he does direct
    the Clerk to call the Private Calendar, omnibus bills on the Calendar
    are called before individual bills thereon (Feb. 17, 1970, pp. 3605-13).
    A motion to dispense with the call of the Private Calendar on the third
    Tuesday of each month, when the call of the Calendar is within the
    discretion of the Chair, is likewise in order in the Chair's discretion
    (although this clause only specifically provides for a motion to
    dispense with the call on the first Tuesday of each month), since no
    rule or precedent prohibits the motion and it is consistent with the
    discretionary authority of the Chair to dispense with the call of the
    entire Calendar (appeal from the Chair's ruling laid on the table) (Nov.
    17, 1981, pp. 27770-71).

    [[Page 704]]
    the Whole House on the state of the Union. This rule shall not apply
    during the last two weeks of the session. It shall not be in order for
    the Speaker to entertain a motion for a recess on any Wednesday except
    during the last two weeks of the session: Provided, That not more than
    two hours of general debate shall be permitted on any measure called up
    on Calendar Wednesday, and all debate must be confined to the subject
    matter of the bill, the time to be equally divided between those for and
    against the bill: Provided further, That whenever any committee shall
    have occupied one Wednesday it shall not be in order, unless the House
    by a two-thirds vote shall otherwise determine, to consider any
    unfinished business previously called up by such committee, unless the
    previous question had been ordered thereon, upon any succeeding
    Wednesday until the other committees have been called in their turn
    under this rule: Provided, That when, during any one session of a
    Congress, all of the committees of the House are not called under the
    Calendar Wednesday rule, at the next session of that Congress the call
    shall commence where it left off at the end of the preceding session.

    Sec. 897. Calendar Wednesday business.

      7. On  Wednesday of
    each week no business shall be in order except as provided by clause 4
    of this rule unless the House by a two-thirds vote on motion to dispense
    therewith shall otherwise determine. On such a motion there may be
    debate not to exceed five minutes for and against. On a call of
    committees under this rule bills may be called up from either the House
    or the Union Calendar, excepting bills which are privileged under the
    rules; but bills called up from the Union Calendar shall be considered
    in the Committee of

    [[Page 705]]
    gible for consideration on Calendar Wednesday (VII, 932-935). House
    Calendar bills have no preference over Union Calendar bills (VII, 938).
    The motion to dispense with a call of committees under this rule is
    privileged and may be made prior to the consideration of District of
    Columbia business under clause 8 of this rule (June 11, 1973, pp. 19028-
    30).

    Sec. 898. Decisions on Calendar Wednesday.

      The first  portion
    of this rule was adopted March 1, 1909, and amended March 15, 1909. The
    first and second provisos were adopted January 18, 1916. The last
    proviso was adopted December 8, 1931 (VII, 881), and was amended in the
    102d Congress to specify that the alphabetical call of the committees
    under Calendar Wednesday resumes where left off between sessions within
    a Congress (H. Res. 5, Jan. 3, 1991, p. ----). The rule applies to
    unprivileged bills only, and when a bill otherwise unprivileged is given
    a privileged status by unanimous consent or by rule it is automatically
    rendered ineli

      When a bill on the Union Calendar is called up on Calendar Wednesday
    the House automatically resolves itself into the Committee of the Whole
    House on the state of the Union (VII, 939; Jan. 25, 1984, p. 358), and
    when a Union Calendar bill is the unfinished business the Speaker
    declares the House in Committee of the Whole without motion (VII, 940,
    942).

      The question of consideration may be raised on a bill on the House
    Calendar on Calendar Wednesday, even after one Wednesday has been
    devoted to its consideration (VIII, 2447), and the question of
    consideration is properly raised on Union Calendar bills in the House
    before automatically going into Committee of the Whole House on the
    state of the Union (VII, 952).

      During the 61st and 62d Congresses it was held that the call of
    committees rested where the call left off on the preceding day, whether
    the last call was on a Wednesday or during the morning hour on another
    day, thus making but one committee call under the two rules. But under
    the later practice there have been two distinct calls of committees, one
    under clause 4 of rule XXIV, the morning hour, and another under clause
    7 of rule XXIV, Calendar Wednesday (VII, 944). Prior to the adoption of
    the second paragraph of the rule, it was held that one committee could
    not occupy more than two Calendar Wednesdays (except for unfinished
    business) until other committees were called, notwithstanding the fact
    that the call rested on said committee (VII, 944), but the adoption of
    the second paragraph of the rule has defined the status of debate and
    unfinished business more explicitly. It was formerly held that a bill
    undisposed of on Calendar Wednesday became the unfinished business on
    the following Calendar Wednesday (VII, 965), but since the adoption of
    the second paragraph of the rule, one committee can occupy but one
    Calendar Wednesday for the consideration of its business (unless the
    House by two-thirds vote shall otherwise determine).

      The same rule of debate applies to House Calendar bills called up on
    Calendar Wednesday as on other days, and the Member in charge of the
    bill may move the previous question at any time (VII, 955).

      The previous question having been ordered on a bill undisposed of when
    the House adjourns Tuesday, the bill goes over as unfinished business
    until Thursday, and is not in order for consideration on Calendar
    Wednesday (VII, 890-894). The previous question having been ordered on a
    bill on Calendar Wednesday, the bill becomes the unfinished business on
    Thursday (VII, 895, 967).

    [[Page 706]]
    appropriation bill (VII, 904), or a bill under consideration by reason
    of a special order, unless the special order expressly sets aside
    Calendar Wednesday (VII, 773), or a conference report (VII, 899). A
    motion to reconsider an action taken on a bill on Tuesday may be
    entered, but may not be considered on Calendar Wednesday (VII, 905).
    Privileged bills may be reported but not considered on Calendar
    Wednesday (VII, 907), except by unanimous consent (Jan. 25, 1984, p.
    357). The Speaker has entertained a unanimous consent request for
    business (to send a bill to conference) before the call of committees on
    Calendar Wednesday (Mar. 28, 1984, p. 6869). District of Columbia
    business is eligible for consideration on Calendar Wednesday (VII, 937).
    Once the call of committees on Calendar Wednesday is completed, other
    business may be conducted (VII, 921).
      It is in order to consider a vetoed bill on Calendar Wednesday, since
    such a question is privileged under the Constitution of the United
    States (VII, 912), but a bill privileged by reason of the rules of the
    House cannot be called up on Calendar Wednesday (VII, 932); for example,
    a general

      The Committee on Rules cannot report a rule which is aimed strictly or
    directly toward setting aside Calendar Wednesday, but the committee is
    not thereby prevented from reporting a resolution couched in general
    terms which may indirectly accomplish that ultimate result, such as a
    resolution providing for six days' suspension of the rules (VIII, 2267).

      The motion to grant a committee an additional Wednesday under the
    second proviso of the Calendar Wednesday rule is in order prior to the
    Wednesday on which the committee is called (VII, 946).

      It has been held that if no Member opposed to the bill desires to
    claim the hour specified in the rule for general debate against the
    bill, the time may be claimed by some Member who is in favor of the bill
    (VII, 962), but this principle has been questioned (VII, 961).

      Clause 2(l)(1)(A) of rule XI, requiring the chairman of each committee
    to report or cause to be reported promptly measures approved by his
    committee and to take such necessary steps to bring the matter to a
    vote, is sufficient authority for the chairman to call up a bill on
    Calendar Wednesday, but any other committee member must obtain specific
    authority of his committee to call up a reported bill on Calendar
    Wednesday (IV, 3128; VII, 928, 929; Feb. 22, 1950, p. 2162; Feb. 1,
    1984, p. 1193; Sept. 12, 1984, p. 25100). Prior to the Legislative
    Reorganization Act of 1946 and the subsequent adoption of clause
    2(l)(1)(A) of rule XI, authority to call up a bill on Calendar Wednesday
    must have been given to a chairman by his committee (IV, 3127). A Member
    not authorized to do so may not call up such bill under the Calendar
    Wednesday rule (IV, 3128; VII, 928, 929).

    [[Page 707]]
    form and Oversight, be set apart for the consideration of such business
    relating to the District of Columbia as may be presented by said
    committee.

    Sec. 899. District of Columbia.

      8. The  second and fourth
    Mondays in each month, after the disposition of motions to discharge
    committees and after the disposal of such business on the Speaker's
    table as requires reference only, shall, when claimed by the Committee
    on Government Re

      The first rule allocating a fixed day for District of Columbia
    business was adopted in 1870. In 1890 the rule was amended (IV, 3304).
    It was again amended December 8, 1931 (VII, 872). In the 104th Congress
    clause 8 was amended to reflect that the jurisdiction of the former
    Committee on the District of Columbia had been subsumed within the
    amalgamated jurisdiction of the newly designated Committee on Government
    Reform and Oversight (H. Res. 6, Jan. 4, 1995, p. ----).

      The Committee on Government Reform and Oversight may not, on a
    District day, call up a bill reported from another committee (IV, 3311).
    If certain of the committee's bills are on one of the calendars of the
    Committees of the Whole, a motion to go into committee to consider them
    is in order (IV, 3310). Bills reported from the District Committee are
    not so privileged as to prevent their being take up under call of
    committees on Wednesday (VII, 937). Business unfinished on one District
    day does not come up on the next unless called up (IV, 3307; VII, 879,
    880). The question of consideration may not be demanded against District
    business generally, but may be demanded against any bill as it is
    presented (IV, 3308, 3309).

    [House Rules Manual -- House Document No. 103-342]
    [Page 707-708]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-109]

      On District days it is in order to go into the Committee of the Whole
    to consider revenue or general appropriation bills (VI, 716-718; VII,
    876, 1123). Consideration of conference reports is in order on District
    Monday (VIII, 3202). District of Columbia business is in order on the
    second and fourth Mondays of the month before or after other business
    (such as motions to suspend the rules), and the fact that the House has
    considered some District of Columbia business before motions to suspend
    the rules does not affect the eligibility of further such business after
    suspensions have been completed (Sept. 17, 1984, p. 25523).

                                    Rule XXV.

    <>   All questions relating to the priority of business
    shall be decided by a majority without debate.

                              PRIORITY OF BUSINESS.

    [[Page 708]]

      This rule was adopted in 1803 to prevent obstructive debate (IV,
    3061). The question of consideration under clause 3 of rule XVI and the
    motion that the House resolve itself into the Committee of the Whole are
    not debatable (VIII, 2447; IV, 3062, 3063).

    [House Rules Manual -- House Document No. 103-342]
    [Page 708]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-110]

      This rule may not be invoked to establish an order of business or to
    inhibit the Speaker's power of recognition (Speaker Albert, July 31,
    1975, p. 26249). It has been held that appeals from decisions of the
    Chair as to priority of business are not debatable under this rule (V,
    6952).

                                   Rule XXVI.

                       UNFINISHED BUSINESS OF THE SESSION.

    Sec. 901. Resumption of business of a preceding
    session.

      All business  before committees of the House at the end of one session
    shall be resumed at the commencement of the next session of the same
    Congress in the same manner as if no adjournment had taken place.

      At first the Congress attempted to follow the rule of the English
    Parliament that business unfinished in one session should begin anew at
    the next; but in 1818, after an investigation of a joint committee in
    1816, a rule was adopted that House bills remaining undetermined in the
    House should be continued at the next session after six days. This rule
    did not reach House bills sent to the Senate; but in 1848 the two Houses
    remedied this omission by a joint rule. Business referred to committees
    of the House was still subject to the old rule of Parliament; but in
    1860 the present rule was adopted as a supplement to the rule of 1818.
    In 1890, desiring to do away with the limitation of the six days and
    apparently overlooking the main purpose of the rule of 1818, the House
    rescinded that portion of this rule which dated from 1818. Also, in 1876
    the joint rules were abrogated, leaving no provision, except the
    headline of the rule, for the continuance of business not before
    committees. The practice, however, had become so well established that
    no question has ever been raised (V, 6727).

    [House Rules Manual -- House Document No. 103-342]
    [Page 709-719]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-111]

    [[Page 709]]

      The business of conferences between the two Houses is not interrupted
    by an adjournment of a session which does not terminate the Congress (V,
    6260-6262), and even where one House asks a conference at one session
    the other may agree to it in the next session (V, 6286). Where bills
    were enrolled and signed by the presiding officers of the two Houses at
    the close of one session they were sent to the President and approved at
    the beginning of the next session (IV, 3486-3488).

                                   Rule XXVII.

                         CHANGE OR SUSPENSION OF RULES.

    Sec. 902. Motions to suspend the rules.

      1. No rule  shall be
    suspended except by a vote of two-thirds of the Members voting, a quorum
    being present; nor shall the Speaker entertain a motion to suspend the
    rules except on Mondays and Tuesdays, and during the last six days of a
    session.

      This rule has been built up gradually on an old rule of 1794, which
    provided that no rule should be rescinded without one day's notice. In
    1822 a clause was added that no rule should be suspended except by a
    two-thirds vote; and in 1828 it was provided that the ``order of
    business, as established by the rules,'' should not be changed except by
    a two-thirds vote. This rule marks the great purpose of the motion,
    which was to give a means of getting consideration for bills which could
    not get forward under the rule for the order of business. Originally in
    order on any day, the motion was, in 1847, restricted to Mondays of each
    week, and, in 1880, to the first and third Mondays of each month. In
    1874 the old limit of 10 days at the end of the session was reduced to 6
    days. In the 93d Congress, the rule was amended to permit the Speaker to
    recognize for such motions on the first and third Mondays and on the
    Tuesdays immediately following those days and to eliminate the
    distinction between days on which committees and individuals has
    preference (H. Res. 6, Jan. 3, 1973, pp. 26, 27); and in the 95th
    Congress, the rule was amended to permit the Speaker to recognize for
    such motions on every Monday and Tuesday (H. Res. 5, Jan. 4, 1977, 95th
    Cong., pp. 53-70). Originally of great use in establishing the order of
    business, when the older and more defective rules for the order of
    business existed, the use of the motion has changed since the House in
    1890 adopted rules for the order of business which enables the House on
    any day to go to any public bills on its calendars. Also about the same
    time the perfection of the process of getting bills before the House out
    of order by a majority vote through a report from the Committee on Rules
    still further diminished the importance of the motion to suspend the
    rules (V, 6790).

    [[Page 710]]
    tion may not be amended (V, 5322, 5405, 6858; Dec. 21, 1973, pp. 43251-
    63; June 4, 1985, pp. 13983, 13986, 13989), postponed (V, 5322), or laid
    on the table (V, 5405), and the motion to reconsider may not be applied
    to a negative vote on the motion (V, 5645, 5646; VIII, 2781). The motion
    to refer may not be applied to the bill which it is proposed to pass
    under suspension of the rules (V, 6860). The motion to suspend the rules
    applied to the parliamentary law of Jefferson's Manual as well as to the
    other rules of the House (V, 6796), and may even be used to deny the
    right to have read a paper on which the House is to vote (V, 5278-5284).
    While it has been held that the right of a Member to have read the paper
    on which he is called to vote is not changed by the fact that the
    procedure is by suspension of the rules (V, 5277; VIII, 3400), the
    precedents are not uniform in this regard, and in earlier instances the
    separate motion to suspend the rules and dispense with reading of
    pendings bills, amendments and Senate amendments was held in order (V,
    5278-84). Under the modern practice, only the motion ``to suspend the
    rules and pass'' is itself read and is held to suspend all rules
    inconsistent with its purposes, including a rule requiring that a recess
    be taken (V, 5752), or that a quorum be present when a bill is reported
    from committee (Sept. 22, 1992, p. ----). Thus only the title of the
    bill is normally read by the Clerk, and amendments included in the
    motion are not reported separately, but the Chair may, in his
    discretion, where objection is made to that procedure, require the
    reading of an amendment which is not printed or otherwise available
    (July 17, 1950, pp. 10448-49). Where a motion to suspend the rules and
    agree to a resolution which provided for concurring in a Senate
    amendment with an amendment consisting of the text of a bill introduced
    in the House, the Speaker ruled that reading of the resolution itself
    was sufficient and that it could be re-read to the House only by
    unanimous consent (Dec. 21, 1973, pp. 43251-63). It may be used also to
    change a rule (V, 6862), or to make a new rule, as was more frequently
    done in the earlier years of the House when it was the only way for
    making a special order except by unanimous consent (IV, 3152-3162). In
    the later practice special orders may still be made on motion to suspend
    the rules (IV, 3154); but usually they are made by majority vote of the
    House on a report from the Committee on Rules (IV, 3169). The motion to
    suspend may include a series of actions, as the discharge of a committee
    from consideration of a bill and the passage of it (V, 6850), the
    reconsideration of the vote passing a bill, amendment of it, and passage
    again (V, 6849), the permission to a committee to report several bills
    (V, 6857), an order to the Clerk to incorporate in the engrossment of a
    general appropriation bill a provision not otherwise in order (IV,
    3845), an authorization to the House to entertain a specified motion to
    suspend the rules on a future day, not a suspension day (IV, 3845), a
    motion to take a bill (V, 6288; VIII, 3425), or a motion to reconsider,
    from the table (V, 5640). A motion to suspend the rules may provide for
    the passage of a bill regardless of whether it has been reported or
    referred to any calendar or even previously introduced (VIII, 3421), may
    include

    [[Page 711]]
    an amendment without the formality of committee approval (June 22,
    1992, p.  ----), and may provide for agreeing to a conference report
    which has been ruled out of order by the Speaker (Dec. 20, 1974, p.
    41860). One motion to suspend the rules having been rejected, the
    Speaker may recognize for a similar motion (Dec. 21, 1973, pp. 43270-
    81).

    Sec. 903. Nature of the motion to suspend the
    rules.

      While originally  the motion was used to suspend the rule on the order of
    business in order to consider a particular bill (V, 6852, 6853), in the
    later practice it is more usual to move ``to suspend the rules and
    pass'' the bill (V, 6846, 6847), and a division of the question may not
    be demanded, either as to the two branches of the motion or as to
    distinct substantive propositions in the subject of the motion (V, 6141-
    6143). The mo

    [[Page 712]]
    Speaker's denial of recognition (II, 1425), and no advance notice to
    Members of bills to be called up under suspension of the rules is
    required (Mar. 20, 1978, pp. 7535-36), but the rules forbid the Speaker
    to entertain a motion to suspend the rules relating to the privilege of
    the floor (Sec. 919; V, 7283; VIII, 3634), the use of the Hall of the
    House (Sec. 918; V, 7270) or prohibiting the introduction of persons in
    the galleries (Sec. 764; VI, 197).

    Sec. 904. Precedence of the motion to suspend the
    rules.

      In the  early practice, when the motion to suspend the rules was used
    to enable a matter to be taken up for consideration out of order, it was
    not admitted when a subject was already before the House (V, 5278, 6836,
    6837, 6852, 6853). A bill taken up under this early practice might be
    amended (V, 6842, 6856) by the House, or withdrawn by the mover, in
    which case another Member might not present it (V, 6854, 6855). In the
    later practice, where the motion includes both suspension of the rules
    and action on the subject it is admitted, although another matter be
    pending (V, 6834), although the yeas and nays may have been demanded on
    another highly privileged motion (V, 6835), or although the previous
    question may have been ordered or moved on another matter (V, 6827; see
    also Sept. 17, 1990, p. ----; V, 6831-6833; VIII, 3418). Earlier
    rulings, however, did not, while a series of Senate amendments were
    pending, permit a motion to suspend the rules in order to permit a vote
    to be taken on the amendments in gross (V, 6828, 6830). But in the
    earlier practice, also, while a matter was pending a motion to suspend
    the rules in order to dispense with the reading otherwise required was
    admitted (V, 5278). The motion to suspend the rules has been ruled out
    of order when the House is considering a bill under a special order (V,
    6838); and when a question of high privilege under rule IX is before the
    House a motion to suspend the rules and consider another matter is not
    in order (V, 6825, 6826; VI, 553, 565). But the motion to suspend the
    rules has been held of equal privilege with the motion to instruct
    conferees after 20 days of conference, which under clause 1(c) of rule
    XXVIII is ``of the highest privilege'' (Mar. 1, 1988, pp. 2749, 2751,
    2754). A motion to suspend the rules and approve the Journal was held in
    order, although the Journal had not been read and the then highly
    privileged motion to fix the day to which the House should adjourn was
    pending (IV, 2758). While the motion is of high privilege, it may be
    superseded by a question of the privilege of the House (III, 2553; VI,
    565). Pursuant to clause 8 of rule XVI the Speaker may entertain one
    motion to adjourn pending a motion to suspend the rules, but after that
    vote shall not entertain any other motion until the vote is taken on the
    motion to suspend the rules. Moreover, in the absence of a motion to
    suspend, the ordinary motions relating to business of the House may be
    made on suspension days as on other days (IV, 3080). The motion to
    suspend the rules may be made on days other than suspension days by
    unanimous consent (V, 6795) or by adoption of a resolution reported by
    the Rules Committee. On ``suspension days'' the motion to suspend the
    rules has been admitted at the discretion of the Speaker since 1881 (V,
    6791-6794, 6845; VIII, 3402-3404), and no appeal may be taken from the

    Sec. 905. Individual and committee motions to suspend
    the rules.

      Prior to  the 93d Congress, the rule gave to individuals preference
    on the first Monday of the month for making motions to suspend the
    rules, and preference on the third Mondays for committees to make the
    motion (V, 6790). In rare instances the Speaker has called the
    committees
    in regular order for motions to suspend the rules, but this method is
    not required (V, 6810, 6811). In the earlier practice the committee
    motion must have been formally and specifically authorized by the
    committee (V, 6805-6807); but after the motion was seconded and debate
    had begun it was too late to raise a question as to the authorization
    (V, 6808). Under the later practice authorization by a committee is not
    required (VIII, 3410). The committee may not present a bill which has
    not been referred to it (V, 6813) and is not within its jurisdiction (V,
    6848). A bill offered on a committee suspension day, in the early
    practice, could carry with it only such amendments as were authorized by
    a committee (V, 6812), but in the modern practice the formality of
    committee approval is not required (June 22, 1992, p. ----). If on a
    committee day an individual motion was made and seconded, it was then
    too late to make a point of order (V, 6809).

    [[Page 713]]
    clause 4 of rule XV the yeas and nays were ordered (IV, 3053-3055; Dec.
    21, 1973, pp. 43251-63). Where the Chair allocates the time in
    opposition to the motion to the ranking minority member of the reporting
    committee, a challenge that that member does not qualify by being
    opposed, in order to control such time, must be made when the time is
    allocated by the Chair (May 15, 1984, p. 12215; Speaker Wright, June 2,
    1987, p. 14223). The motion to suspend the rules may be withdrawn at any
    time before the Chair puts the question and a voice vote is taken
    thereon (July 27, 1981, p. 17563).

    Sec. 906. The second of the motion to suspend the
    rules.

      Prior to  the 102d Congress, certain motions to suspend the rules were
    required to be seconded, if demanded, by a majority by tellers, but this
    requirement was eliminated from the rule in the 102d Congress (H. Res.
    5, Jan. 3, 1991, p. ----). This requirement for a second was adopted in
    1874, was rescinded two years later, but was again adopted in 1880. The
    object of it was to prevent consumption of the time of the House by
    forcing consideration of undesirable propositions (V, 6797). The
    requirement (formerly clause 2) was amended in the 96th Congress (H.
    Res. 5, Jan. 15, 1979, pp. 7-16) so that a second was not required where
    printed copies of the proposed measure were available. Copies of reports
    on bills considered under suspension are not required to be available in
    advance. The Constitutional right of a Member to demand the yeas and
    nays, or the right of a Member under clause 5(a) of rule I to demand a
    recorded vote, did not exist on the question of ordering a second under
    the former clause 2, which only permited the ordering of a second by
    tellers if a quorum was present (V, 6032-6036; VIII, 3109; Dec. 16,
    1981, p. 31851). The fact that a majority of the Members of the House
    did not pass between the tellers on the question of ordering a second
    did not conclusively show that a quorum was not present in the Chamber,
    and the Speaker could count the House to determine whether a quorum was
    actually present (Dec. 16, 1981, p. 31851). But where a quorum failed on
    the vote for a second, under

    Sec. 907. The forty minutes of debate on motion to
    suspend the rules.

      2. When a  motion to suspend the rules has been submitted to
    the House, it shall be in order, before the final vote is taken thereon,
    to debate the proposition to be voted upon for forty minutes, one-half
    of such time to be given to debate in favor of, and one-half to debate
    in opposition to, such proposition; and the same right of debate shall
    be allowed whenever the previous question has been ordered on any
    proposition on which there has been no debate.

      Formerly clause 3, this provision was amended and redesignated in the
    102d Congress to conform to the repeal of the former clause 2, relating
    to the requirement of a second (H. Res. 5, Jan. 3, 1991, p. ----).
    Before the adoption of this clause in 1880 (V, 6821) the motion to
    suspend the rules was not debatable (V, 5405, 6820). The 40 minutes of
    debate is divided between the mover and a Member opposed to the bill,
    unless it develops that the mover is opposed to the bill, in which event
    some Member in favor is recognized for debate (VIII, 3416). Where
    recognition for the 20 minutes in opposition is contested, the Speaker
    will accord priority first on the basis of true opposition, then on the
    basis of committee membership, and only then on the basis of party
    affiliation, the latter preference inuring to the minority party (VIII,
    3415; Nov. 18, 1991, p. ----). When the mover and the opponent divide
    their time with others, the practice as to alternation of recognitions
    is not insisted on so rigidly as in other debate (II, 1442). Debate
    should be confined to the object of the motion and may not range to the
    merits of a bill not scheduled for suspension on that day (Nov. 23,
    1991, p. ----).

    [[Page 714]]
    (H. Res. 5, Jan. 4, 1977, pp. 53-70), and amended further in the 96th
    Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16). The paragraph was deleted
    entirely in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) when
    all of the Speaker's postponing authorities were consolidated into
    clause 5 of rule I.
      This clause formerly included a paragraph (b) dealing with the
    Speaker's authority to postpone further proceedings on motions to
    suspend the rules and pass bills or resolutions. Paragraph (b) was added
    in the 93d Congress (H. Res. 998, Apr. 9, 1974, pp. 10195-99), amended
    in the 95th Congress

    Sec. 907a. The forty minutes of debate on other
    propositions.

      The last  provision of this clause allows 40 minutes of debate
    when the previous question is ordered on a proposition on which there
    has been no debate (V, 6821; Mar. 22, 1990, p. ----). However, any
    previous debate on the merits of the main proposition precludes the 40
    minutes (V, 5499-5502). The demand for 40 minutes of debate: must come
    before the vote is taken on the main question (V, 5496); is not
    available when the question on which the previous question is ordered is
    otherwise nondebatable, such as the motion to close debate (VIII, 2555,
    2690); is not available on an undebated amendment where the motion for
    the previous question covers both the amendment and the original
    proposition, which has been debated (V, 5504); and is not available on
    incidental motions (V, 5497-5498), on propositions previously debated in
    Committee of the Whole (V, 5505), on conference reports accompanying
    measures that were debated before being sent to conference (V, 5506-
    5507), or on ancillary measures, such as a concurrent resolution to
    correct an enrolled bill (V, 5508). Debate allowed under this provision
    is equally divided and controlled between the person demanding the time
    and a Member representing the opposition (Sept. 13, 1965, pp. 23602-06;
    May 8, 1985, p. 11073). Priority in recognition for time in opposition
    is accorded to a Member truly opposed (VIII, 2689).

    [[Page 715]]
    resolution which has remained in a standing committee thirty or more
    days without action: Provided, That said resolution from which it is
    moved to discharge the Committee on Rules has been referred to that
    committee at least seven days prior to the filing of the motion to
    discharge. The motion shall be placed in the custody of the Clerk, who
    shall arrange some convenient place for the signature of Members. A
    signature may be withdrawn by a Member in writing at any time before the
    motion is entered on the Journal. Once a motion to discharge has been
    filed, the Clerk shall make the signatures a matter of public record. -
    The Clerk shall cause the names of the Members who have signed a
    discharge motion during any week to be published in a portion of the
    Congressional Record designated for that purpose on the last legislative
    day of that week. The Clerk shall make available each day for public
    inspection in an appropriate office of the House cumulative lists of
    such names. The Clerk shall devise a means by which to make such lists
    available to offices of the House and to the public in electronic form.
    When a majority of the total membership of the House shall have signed
    the motion, it shall be entered on the Journal, printed with the
    signatures thereto in the Congressional Record, and referred to the
    Calendar of Motions to Discharge Committees.

    Sec. 908. Motion to discharge a committee.

      3. A Member  may
    present to the Clerk a motion in writing to discharge a committee from
    the consideration of a public bill or resolution which has been referred
    to it thirty days prior thereto (but only one motion may be presented
    for each bill or resolution). Under this rule it shall also be in order
    for a Member to file a motion to discharge the Committee on Rules from
    further consideration of any resolution providing either a special order
    of business, or a special rule for the consideration of any public bill
    or resolution favorably reported by a standing committee, or a special
    rule for the consideration of a public bill or

    [[Page 716]]
    of the Journal, any Member who has signed a motion to discharge which
    has been on the calendar at least seven days prior thereto, and seeks
    recognition, shall be recognized for the purpose of calling up the
    motion, and the House shall proceed to its consideration in the manner
    herein provided without intervening motion except one motion to adjourn.
    Recognition for the motions shall be in the order in which they have
    been entered on the Journal.
      On the second and fourth Mondays of each month except during the last
    six days of any session of Congress, immediately after the approval

    [[Page 717]]
    and if unfinished before adjournment of the day on which it is called
    up it shall remain the unfinished business until it is fully disposed
    of. Should the House by vote decide against the immediate consideration
    of such bill or resolution, it shall be referred to its proper calendar
    and be entitled to the same rights and privileges that it would have had
    had the committee to which it was referred duly reported same to the
    House for its consideration: Provided, That when any perfected motion to
    discharge a committee from the consideration of any public bill or
    resolution has once been acted upon by the House it shall not be in
    order to entertain during the same session of Congress any other motion
    for the discharge from that committee of said measure, or from any other
    committee of any other bill or resolution substantially the same,
    relating in substance to or dealing with the same subject matter, or
    from the Committee on Rules of a resolution providing a special order of
    business for the consideration of any other such bill or resolution, in
    order that such action by the House on a motion to discharge shall be
    res adjudicata for the remainder of that session: Provided further, That
    if before any one motion to discharge a committee has been acted upon by
    the House there are on the Calendar of Motions to Discharge Committees
    other motions to discharge committees from the consideration of bills or
    resolutions substantially the same, relating in substance to or dealing
    with the same subject matter, after the House shall have acted on one mo

    [[Page 718]]
    tion to discharge, the remaining said motions shall be stricken from
    the Calendar of Motions to Discharge Committees and not acted on during
    the remainder of that session of Congress.

      When any motion under this rule shall be called up, the bill or
    resolution shall be read by title only. After twenty minutes' debate,
    one-half in favor of the proposition and one-half in opposition thereto,
    the House shall proceed to vote on the motion to discharge. If the
    motion prevails to discharge the Committee on Rules from any resolution
    pending before the committee, the House shall immediately consider such
    resolution, the Speaker not entertaining any dilatory motion except one
    motion to adjourn, and, if such resolution is adopted, the House shall
    immediately proceed to its execution. If the motion prevails to
    discharge one of the standing committees of the House from any public
    bill or resolution pending before the committee, it shall then be in
    order for any Member who signed the motion to move that the House
    proceed to the immediate consideration of such bill or resolution (such
    motion not being debatable), and such motion is hereby made of high
    privilege; and if it shall be decided in the affirmative, the bill shall
    be immediately considered under the general rules of the House,

      This clause was adopted December 8, 1931 and amended January 3, 1935
    (VII, 1007). It displaced a rule providing for a motion to instruct a
    committee to report a public bill or resolution. The first discharge
    rule was adopted June 17, 1910, pp. 8439, 8445. It was amended during
    the 62d Congress (Apr. 4-5, 1911, pp. 18, 80). It was further amended in
    the 62d Congress (H. Res. 407, Feb. 3, 1912, p. 1685), the 68th Congress
    (H. Res. 146, Jan. 18, 1924, p. 1143), and the 69th Congress, (H. Res.
    6, Dec. 7, 1925, p. 383). Formerly clause 4, this provision was
    redesignated in the 102d Congress to conform to the repeal of the former
    clause 2, relating to the requirement of a second; it was at the same
    time amended to enable debate on a resolution discharged from the
    Committee on Rules (H. Res. 5, Jan. 3, 1991, p. ----). Under the
    previous form of the rule, where the Committee on Rules was discharged
    from further consideration of a resolution the House immediately voted
    on adoption of the resolution (Speaker Rayburn, Jan. 24, 1944, pp. 631-
    32).

      In the 103d Congress, after a successful petition under this clause
    placed on the calendar a motion to discharge the Committee on Rules from
    further consideration of a resolution to require publication of the
    names of Members who had signed pending discharge petitions, the clause
    was so amended (H. Res. 134, Sept. 28, 1993, p. ----). In the 104th
    Congress the clause was once again amended to ensure the periodic
    publication of such names (sec. 219, H. Res. 6, Jan. 4, 1995, p. ----).
    Before the 103d Congress signatures on a motion to discharge a committee
    were not made public until the requisite number had signed the motion
    (VII, 1008; Apr. 12, 1934, p. 6489).

      The phrase ``a majority of the total membership of the House'' was
    construed to mean 218 Members (Speaker Byrns, Apr. 15, 1936, p. 5509).
    The word ``days'' has been construed to mean ``legislative days''
    (Speaker Bankhead, Dec. 10, 1937, p. 1300). The rule does not authorize
    signature of discharge motions by proxy (VII, 1014).

      The rule does not apply to a bill that has been reported by a
    committee during the interval between the placing of a motion to
    discharge on the calendar and the day when such motion is called up for
    action in the House (Apr. 23, 1934, p. 7156). The Committee on Rules may
    not be discharged from further consideration of a resolution providing
    for an investigating committee (Apr. 23, 1934, p. 7161).

    [[Page 719]]
    Jan. 16, 1950, p. 436). The seven days that the motion must be on the
    calendar before it may be called up begins to run as of the day the
    motion is placed on the calendar (Dec. 14, 1937, p. 1517). A discharge
    petition in the 102d Congress received the requisite number of
    signatures on the same day it was filed (May 20, 1992, p. ----), and
    subsequently by unanimous consent the House dispensed with the motion to
    discharge and agreed to consider the object of the petition (a special
    order of business resolution) on a date certain under the same terms as
    if discharged by motion (June 4, 1992, p. ----). In the 103d Congress a
    discharge petition also received the requisite number of signatures on
    the same day it was filed (Feb. 24, 1994, p. ----).
      The death or resignation of a Member who has signed a motion does not
    invalidate his signature (May 31, 1934, p. 10159). It may be withdrawn
    by his successor (Dec. 7, 1943, p. 10388; Jan. 17, 1946, p. 96; Mar. 5,
    1946, p. 1968; July 30, 1946, pp. 10464, 10491; Mar. 2, 1948, pp. 1993,
    2001;

      The right to close twenty minute debate on a motion to discharge a
    Committee is reserved to the proponents of the motion (VII, 1010a); and
    the chairman of the committee being discharged, if opposed to the
    motion, has been recognized to control the ten minutes in opposition
    (Aug. 10, 1970, p. 27999).

      Where a measure not requiring consideration in the Committee of the
    Whole House on the State of the Union is brought before the House by a
    successful motion to discharge, the Member moving its consideration is
    recognized in the House under the hour rule (Aug. 10, 1970, p. 28004).

    [House Rules Manual -- House Document No. 103-342]
    [Page 719-741]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-112]

      The point of order provided in clause 5(a) of rule XXI does not apply
    to an appropriation in a bill taken away from a committee by the motion
    to discharge (VII, 1019a).

                                  Rule XXVIII.

                               CONFERENCE REPORTS.

    Sec. 909. High privilege of conference reports; and
    form of accompanying statement.

      1. (a) The  presentation of reports of committees
    of conference shall always be in order, except when the Journal is being
    read, while the roll is being called, or the House is dividing on any
    proposition.

      The practice of giving conference reports privilege dates from 1850,
    having had its origin in a temporary rule. This practice was continued
    by rulings of the Chair until this rule was adopted in 1880 (V, 6443-
    6446, 6454).

    [[Page 720]]
    yields to Calendar Wednesday business (VII, 899). It even takes
    precedence of the motion to reconsider (V, 5605), motions to go into the
    Committee of the Whole for consideration of general appropriation bills
    (VIII, 3291), consideration of District of Columbia business on Monday
    (VIII, 3292), unfinished business (Speaker O'Neill, Oct. 4, 1978, p.
    33473), and motions to adjourn (V, 6451-6453), although as soon as the
    report is presented the motion to adjourn may be put (V, 6451-6453).
    Also the consideration of a conference report may be interrupted, even
    in the midst of the reading of the Statement, by the arrival of the hour
    previously fixed for a recess (V, 6524). While it may not be presented
    while the House is dividing, it may be presented after a vote by tellers
    and pending the question of ordering the yeas and nays (V, 6447). It
    also has precedence of a report from the Committee on Rules (V, 6449),
    and has been permitted to intervene when a special order provides that
    the House shall consider a certain bill ``until the same is disposed
    of'' (V, 6454). Of course, a question of privilege which relates to the
    integrity of the House as an agency for action may not be required to
    yield precedence to a matter entitled to priority merely by the rules
    relating to the order of business (V, 6454). The question of
    consideration under clause 3 of rule XVI may be demanded against a
    conference report before points of order against the report are raised
    (VIII, 2439; Speaker Albert, Sept. 28, 1976, p. 33019). The motion to
    lay on the table may not be applied to a conference report (V, 6540).
      Under the language of the rule a conference report may be presented
    while a Member is occupying the floor in debate (V, 6451; VIII 3294),
    while a bill is being read (V, 6448), after the yeas and nays have been
    ordered (V, 6457), after the previous question has been demanded or
    ordered (V, 6449, 6450); during a call of the House if a quorum be
    present (V, 6456) and on Calendar Wednesday (VII, 907), but
    consideration of such reports

      While the rule provides that the managers of the House asking for
    conference shall leave the papers with the managers of the other
    (Secs. 555-556, supra), if the managers on the part of the House
    agreeing to a conference surrender the papers to the House asking the
    conference, the report may be received first by the House asking the
    conference (VIII, 3330).

      For further discussion of conference reports, see provisions of
    Jefferson's Manual at Secs. 527-559, supra.

    Sec. 909a. Time for debate on motions to
    instruct.

      (b) The time  allotted for debate on any motion to instruct House
    conferees shall be equally divided between the majority and minority
    parties, except that if the proponent of the motion and the Member from
    the other party are both supporters of the motion, one-third of such
    debate time shall be allotted to a Member who is opposed to said motion.

    [[Page 721]]
    hour under clause 2 of rule XIV (Oct. 3, 1989, p. 22863; July 14, 1993,
    p. ----; Aug. 1, 1994, p. ----). The proponent of a motion to instruct
    conferees has the right to close debate (July 28, 1994, p. ----).

      This paragraph was added in the 101st Congress (H. Res. 5, Jan. 3,
    1989, p. 72). The division of debate time specified in this clause does
    not apply to an amendment to a motion after defeat of the previous
    question thereon, and the proponent of such an amendment is recognized
    for one

    Sec. 910. Motions privileged after 20 calendar days
    of conference.

      (c) After  House conferees on any bill or resolution in conference
    between the House and Senate shall have been appointed for twenty
    calendar days
    and shall have failed to make a report, it is hereby declared to be a
    motion of the highest privilege to move to discharge said House
    conferees and to appoint new conferees, or to instruct said House
    conferees (but in either case only at a time or place designated by the
    Speaker in the legislative schedule of the day after the calendar day on
    which the Member offering the motion announces to the House his
    intention to do so and the form of the motion); and, further, during the
    last six days of any sessions of Congress, it shall be a privileged
    motion to move to discharge, appoint, or instruct, House conferees after
    House conferees shall have been appointed thirty-six hours without
    having made a report.

    [[Page 722]]
    House conferees to insist on holding conference sessions under just and
    fair conditions, and in executive session if desirable (Aug. 1, 1935, p.
    12272), and may instruct House conferees to meet with Senate conferees
    (May 2, 1984, p. 10732). The motion to instruct conferees under this
    clause is of equal privilege with the motion to suspend the rules on a
    suspension day (Mar. 1, 1988, pp. 2749, 2751, 2754).

      This clause was adopted December 8, 1931 (VIII, 3225). The notice
    requirement was added on January 3, 1989 (H. Res. 5, 101st Cong., p.
    72), and amended on January 5, 1993 (H. Res. 5, 103d Cong., p. ----) to
    clarify that both the motion to discharge conferees and appoint new
    conferees and the motion to instruct conferees after 20 days in
    conference are subject to one day's notice, and to authorize the Speaker
    to designate a time in that day's legislative schedule for the
    consideration of a noticed motion to discharge or instruct conferees.
    The motion to instruct conferees under this clause may be repeated
    notwithstanding prior disposition of an identical motion to instruct,
    since any number of proper motions to instruct are in order after
    conferees have not reported within 20 days (Speaker Albert, July 22,
    1974, pp. 24448-49; July 10, 1985, p. 18440), and the motion remains
    available when a conference report, filed after 20 or more days in
    conference, is recommitted by the first House to act thereon, since the
    conferees are not discharged and the original conference remains in
    being (June 28, 1990, p. ----). A motion under this clause may instruct

    Sec. 911. The statement accompanying a conference
    report.

      (d) Each  report made by a committee of conference to the House shall be
    printed as a report of the House. As so printed, such report shall 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. Such statement shall be sufficiently detailed and explicit to
    inform the House as to the effect which the amendments or propositions
    contained in such report will have upon the measure to which those
    amendments or propositions relate.

      The original rule requiring the submission of a statement was adopted
    in 1880 (V, 6443) and remained in effect through the 91st Congress. The
    following precedents are in interpretation of that rule, which required
    only that the statement be signed by a majority of the House managers
    (V, 6505, 6506), and did not anticipate a statement jointly prepared by
    the managers on the part of the House and those on the part of the
    Senate. The Speaker may require the statement to be in proper form (V,
    6513), but it is for the House and not the Speaker to determine whether
    or not it conforms to the rule in other respects (V, 6511, 6512). A
    report may not be received without the accompanying statement (V, 6504,
    6514, 6515). A quorum among the managers on the part of the House at a
    committee of conference is established by their signatures on the
    conference report and joint explanatory statement (Oct. 4, 1994, p. ----
    ).

      The rule was revised in the Legislative Reorganization Act of 1970
    (sec. 125(b); 84 Stat. 1140) and made a part of the standing rules of
    the House in its present form in the 92d Congress (H. Res. 5, Jan. 22,
    1971, p. 144).

    [[Page 723]]
    to ensure that the Director of that Office prepares a statement with
    respect to unfunded costs of any additional Federal mandate contained in
    the conference agreement. See Sec. 1007, infra.

    Sec. 911a. Unfunded mandates.

      The  Unfunded Mandates Reform
    Act of 1995 (P.L. 104-4; 109 Stat. 48 et seq.) added a new part B to
    title IV of the Congressional Budget Act of 1974 (2 U.S.C. 658-658g)
    that, effective on January 1, 1996, or 90 days after appropriations are
    made available to the Congressional Budget Office pursuant to the 1995
    Act (whichever is earlier), requires a committee of conference

    [[Page 724]]
    Member who is opposed to said conference report.

    Sec. 912a. Consideration of conference
    reports.

      2. (a) It shall  not be in order to consider the report of a committee of
    conference until the third calendar day (excluding any Saturday, Sunday,
    or legal holiday) after such report and the accompanying statement shall
    have been filed in the House, and such consideration then shall be in
    order only if such report and accompanying statement shall have been
    printed in the daily edition of the Congressional Record for the day on
    which such report and statement shall have been filed; but the preceding
    provisions of this sentence do not apply during the last six days of the
    session. Nor shall it be in order to consider any conference report
    unless copies of the report and accompanying statement have been
    available to Members for at least two hours before the beginning of such
    consideration: Provided, however, That it shall always be in order to
    call up for consideration, notwithstanding the provisions of clause 4(b)
    of rule XI, a report from the Committee on Rules only making in order
    the consideration of a conference report notwithstanding this
    restriction. The time allotted for debate in the consideration of any
    such report shall be equally divided between the majority party and the
    minority party, except that if the floor manager for the majority and
    the floor manager for the minority are both supporters of the conference
    report, one third of such debate time shall be allotted to a

      The original rule requiring that conference reports be printed in the
    Record was adopted in 1902 (V, 6516). The three-day layover requirement
    in paragraph (a), as well as its provisions relating to the availability
    of copies of the conference report and the division of time for debate,
    were added by section 125(b) of the Legislative Reorganization Act of
    1970 and made part of the rules in the 92d Congress (H. Res. 5, Jan. 22,
    1971, p. 144). The first sentence of the clause was again amended the
    next year (H. Res. 1153, Oct. 13, 1972, p. 36023) to clarify the manner
    of counting the three days for the layover period.

      The second sentence in paragraph (a) was amended, and its third
    sentence added, in the 94th Congress (Feb. 26, 1976, p. 4625) to require
    copies of conference reports to be available for two hours before
    consideration and to allow for the immediate consideration of a
    resolution from the Committee on Rules waiving that requirement. For an
    example of a resolution reported from the Committee on Rules only
    waiving the availability requirement of this clause and called up the
    same day reported without a two-thirds vote, see August 10, 1984 (p.
    23978).

      When managers report that they have been unable to agree, the report
    is not acted on by the House (V, 6562; VIII, 3329; Aug. 23, 1957, p.
    15816).

      Paragraph (a) was amended in the 99th Congress to provide that if both
    the floor manager for the majority and the floor manager for the
    minority support a conference report, the hour of debate thereon be
    divided three ways among the managers and a Member who is opposed (H.
    Res. 7, Jan. 3, 1985, p. 393). Recognition of one Member in opposition
    does not depend upon party affiliation and is within the discretion of
    the Speaker (Dec. 11, 1985, p. 36069; Dec. 16, 1985, p. 36716; Oct. 15,
    1986, p. 31631), who accords priority in recognition to a member of the
    conference committee (Speaker Wright, Dec. 21, 1987, pp. 37093, 37516).
    Where the time is divided three ways, the right to close debate falls to
    the majority manager calling up the conference report, preceded by the
    minority manager, preceded in turn by the Member in opposition--i.e.,
    the reverse order of the recognition to begin debate (Aug. 4, 1989, p.
    19301).

      Following rejection of a conference report on a point of order, debate
    on a motion to dispose of the Senate amendment remaining in disagreement
    is evenly divided between the majority and minority under the rationale
    contained in clause 2(b) (Speaker Albert, Sept. 30, 1976, pp. 34074-
    34100).

    [[Page 725]]
    measure reported in disagreement between the two Houses, by a report of
    a committee of conference that the committee has been unable to agree,
    until the third calendar day (excluding any Saturday, Sunday, or legal
    holiday) after such report and accompanying statement shall have been
    filed in the House, and such consideration then shall be in order only
    if such report and accompanying statement shall have been printed in the
    daily edition of the Congressional Record for the day on which such
    report and statement shall have been filed; but the preceding provisions
    of this sentence do not apply during the last six days of the session.
    Nor shall it be in order to consider any such amendment unless copies of
    the report and accompanying statement, together with the text of such
    amendment, have been available to Members for at least two hours before
    the beginning of such consideration: Provided, however, That it shall
    always be in order to call up for consideration, notwithstanding the
    provisions of clause 4(b) of rule XI, a report from the Committee on
    Rules only making in order the consideration of such an amendment
    notwithstanding this restriction. The time allotted for debate on any
    such amendment shall be equally divided between the majority party and
    the minority party, except that if the floor manager for the majority
    and the floor manager for the minority are both supporters of the
    original motion offered by the floor manager for the majority to dispose
    of the amendment, one third of such debate time shall

    [[Page 726]]
    be allotted to a Member who is opposed to said motion.

    Sec. 912b. Consideration of amendments in
    disagreement.

      (b)(1) It  shall not be in order to consider any amendment
    (including an amendment in the nature of a substitute) proposed by the
    Senate to any

      Paragraph (b)(1), relating to the consideration of amendments reported
    from conference in disagreement, was added to the rule as paragraph (b)
    in 1972 (H. Res. 1153, Oct. 13, 1972, p. 36023) and became effective at
    the end of the 92d Congress.

      The second sentence in paragraph (b)(1) of this clause was amended,
    and its third sentence added, in the 94th Congress (Feb. 26, 1976, p.
    4625) to require copies of amendments reported from conference in
    disagreement to be available for two hours before consideration and to
    allow for the immediate consideration of a resolution from the Committee
    on Rules waiving that requirement.

      Paragraph (b) was amended in the 99th Congress to provide that if both
    the floor manager for the majority and the floor manager for the
    minority support the original motion offered to dispose of an amendment
    reported from conference in disagreement, the hour of debate thereon be
    divided three ways, among the managers and a Member who is opposed (H.
    Res. 7, Jan. 3, 1985, p. 393). Recognition of one Member in opposition
    does not depend upon party affiliation and is within the discretion of
    the Speaker (Dec. 11, 1985, p. 36069; Dec. 16, 1985, p. 36716; Oct. 15,
    1986, p. 31631), who accords priority in recognition to a member of the
    conference committee (Speaker Wright, Dec. 21, 1987, pp. 37093, 37516).
    The right to close the debate where the time is divided three ways falls
    to the manager offering the motion (Nov. 21, 1989, p. 30814).

    [[Page 727]]
    offering a proper preferential motion to dispose of the Senate
    amendment (July 2, 1980, p. 18360).
      The custom has developed, however, of equally dividing between
    majority and minority parties the time on all motions to dispose of
    amendments emerging from conference in disagreement, whether reported in
    disagreement or before the House upon rejection of a conference report
    by a vote or on a point of order (Speaker Albert, Sept. 27, 1976, pp.
    32719-26; Sept. 30, 1976, pp. 34074-34100), upon rejection of an initial
    motion to dispose of the amendment (July 2, 1980, pp. 18357-59; Aug. 6,
    1993, p. ----), on a motion to concur in a new Senate amendment where
    the Senate had receded with an amendment from one of its amendments
    reported from conference in disagreement (Mar. 24, 1983, p. 7301), or on
    a motion to dispose of a further stage of amendment which is
    subsequently before the House (Aug. 1, 1985, p. 22561; Dec. 19, 1985, p.
    38360). A Member offering a preferential motion does not thereby control
    one-half of the time, as all debate is allotted under the original
    motion (May 14, 1975, p. 14385), subject to a possible three-way split
    among the majority and minority managers and a Member opposed to the
    motion (Sept. 12, 1994, p. ----). The minority Member in charge controls
    30 minutes for debate only and can only yield to other Members for
    debate (Dec. 4, 1975, p. 38716). Where time for debate on such a motion
    is equally divided, the previous question may not be moved by the Member
    first recognized so as to prevent the Member from the other party from
    controlling half the debate and from

      The division of time for debate on a motion to dispose of a Senate
    amendment reported from conference in disagreement under clause 2(b)(1)
    does not extend to separate debate on an amendment thereto, which is
    governed by clause 2 of rule XIV, the general hour rule in the House
    (Sept. 17, 1992, p. ----).

      Until the adoption of paragraph (b), reports in total disagreement
    were not printed in the Record before the amendment in disagreement were
    again taken up in the House (VIII, 3299, 3332).

    Sec. 912c. Certain motions to insist as
    preferential.

      (2) During  consideration of such an amendment to a general
    appropriation bill, if the original motion offered by the floor manager
    proposes to change existing law, then pending such original motion and
    before debate thereon one motion to insist on disagreement to the
    amendment proposed by the Senate shall be preferential to any other
    motion to dispose of that amendment if offered by the chairman of a
    committee having jurisdiction of the subject matter of the amendment or
    by a designee. Such a preferential motion shall be separately debatable
    for one hour equally divided between its proponent and the proponent of
    the original motion. The previous question shall be considered as
    ordered on such a preferential motion to its adoption without
    intervening motion.

    [[Page 728]]
    ployees to separation pay, enabling the chairman of that committee to
    offer a preferential motion to insist under this clause (Oct. 20, 1993,
    p. ----).

      Paragraph (b)(2) was added in the 103d Congress (H. Res. 5, Jan. 5,
    1993, p. ----) to make preferential and separately debatable a motion to
    insist on disagreement to a Senate amendment to a general appropriation
    bill, if: (1) the Senate amendment has been reported from conference in
    disagreement; (2) the original motion to dispose of the Senate amendment
    proposes to change existing law; and (3) the motion to insist is timely
    offered by the chairman of a committee of jurisdiction or a designee.
    The Committee on Post Office and Civil Service (now the Committee on
    Government Reform and Oversight) has jurisdiction under clause 1 of rule
    X over the subject of a Senate legislative amendment entitling Forest
    Service em

    Sec. 912d. Certain conference reports considered as
    read.

      (c) Any  conference report and Senate amendment in disagreement which has
    been available as provided in paragraphs (a) and (b) of this clause
    shall be considered as having been read when called up for
    consideration.

      Paragraph (c) was added in the 96th Congress (H. Res. 5, Jan. 15,
    1979, pp. 7-16).

    [[Page 729]]

    Sec. 913a. Conferees may report germane
    modification of amendment in nature of substitute.

      3. Whenever a  disagreement to an
    amendment in the nature of a substitute has been committed to a
    conference committee it shall be in order for the Managers on the part
    of the House to propose a substitute which is a germane modification of
    the matter in disagreement, but the introduction of any language in that
    substitute presenting a specific additional topic, question, issue, or
    proposition not committed to the conference committee by either House
    shall not constitute a germane modification of the matter in
    disagreement. Moreover, their report shall not include matter not
    committed to the conference committee by either House, nor shall their
    report include a modification of any specific topic, question, issue, or
    proposition committed to the conference committee by either or both
    Houses if that modification is beyond the scope of that specific topic,
    question, issue, or proposition as so committed to the conference
    committee.

      This provision is derived from section 135(a) of the Legislative
    Reorganization Act of 1946 (60 Stat. 812) and originally was made a part
    of the standing rules on January 3, 1953 (p. 24). The clause was revised
    on January 22, 1971 (p. 144) following the passage of the Legislative
    Reorganization Act of 1970 (84 Stat. 1140) which carried a similar
    provision in section 125(b). Where one House strikes out of a bill of
    the other all after the enacting clause and inserts a new text, House
    managers, under the restrictions of this clause, may not agree to the
    deletion of certain language committed to conference if the effect of
    such deletion results in broadening the scope of the matter in
    disagreement (Dec. 14, 1971, pp. 46779-80). Where one House authorizes
    certain funds for a fiscal year and the other House authorizes a lesser
    amount for that year as well as additional funds for the subsequent
    year, and neither version contains an overall amount, House managers do
    not exceed their authority under this rule by including in the report
    the amount authorized by one House for the first year and the other
    House for the subsequent year, even though the total authorization
    resulting from this compromise exceeds that possible under either
    version (June 8, 1972, pp. 20281-82). Where a House version authorized
    endowment payments for certain colleges and the Senate version conferred
    land-grant college status on those institutions and contained a higher
    endowment figure, House conferees remained within their authority under
    this clause by accepting the Senate provision on land-grant status and
    the lower House figure for endowment payments (Speaker Albert, June 8,
    1972, pp. 20280-81). Where the House version of a bill contained
    provisions for local funding of merit schools, but neither version
    contained a provision for State funding, a motion to recommit to
    conference with instructions to provide State funding for merit schools
    was held to exceed the scope of the differences committed to conference
    (Sept. 30, 1992, p. ----).

    [[Page 730]]
    out in violation of this paragraph (Speaker O'Neill, Oct. 14, 1977, pp.
    33770-73).
      While the scope of differences committed to conference--where one
    House has amended an existing law and the other House has implicitly
    taken the position of existing law by remaining silent on the subject--
    may properly be measured between those issues presented in the amending
    language and comparable provisions of existing law, the inclusion in a
    conference report of new matter not specifically contained in the
    amending version and not demonstrably contained in existing law may be
    ruled out as an additional issue not committed to conference in
    violation of this clause (Speaker Albert, Dec. 20, 1974, pp. 41849-50).
    Thus where one House has amended an existing law and the other House has
    implicitly taken the position of existing law by only authorizing sums
    for the purpose of existing law, the scope of differences committed to
    conference may be measured between issues presented in the amending
    language and relevant provisions of the existing law; but the inclusion
    in a conference report of requirements and issues incorporated into
    existing law which were not contained in either version and which are
    not repetitive of existing law may be ruled

      A mere change in phraseology in a conference report (from language in
    either the House or Senate version) may be permitted to achieve
    legislative consistency where it is not shown that its effect is to
    broaden the scope of the language beyond the differences committed to
    conference, as where the report waives provisions of law for all
    programs in the bill and the House version waives those provisions for
    one section of the bill only (the Senate having no comparable provision)
    but the scope of programs covered by the report was co-extensive with
    those in the designated section of the House version (Speaker Albert,
    May 1, 1975, p. 12752). The conferees may include language clarifying
    and limiting the duties imposed on an official by one House's version
    where that modification does not expand the authority conferred in that
    version or contained in existing law (the position of the other House)
    (Speaker Albert, July 29, 1975, p. 25515) and may confer broader
    authority on an official than that contained in one House's version if
    such authority is co-extensive with the authority contained in existing
    law which the other House has retained (Speaker pro tempore McFall, Apr.
    13, 1976, p. 10803). Where the Senate version authorized citizen suits
    to enforce existing law except where Federal officials were pursuing
    enforcement proceedings and the House version, with no comparable
    provision, retained existing law which did not permit such suits, the
    conferees exceeded the scope of the differences by further prohibiting
    citizen suits where State officials were pursuing enforcement
    proceedings--a new exception allowing State pre-emption of citizen suits
    (Speaker pro tempore McFall, Sept. 27, 1976, p. 33019). A point of order
    was sustained against a motion to instruct conferees since directing the
    conferees to agree to matter violating this clause: the House bill
    created an energy trust fund composed of certain revenues to be
    distributed by subsequent legislation; the Senate amendment created a
    similar trust fund with suggested but not mandated distribution, and the
    motion directed House conferees to insist on a mandatory allocation of
    revenues in question among specified purposes, some of which were not
    addressed in the Senate amendment (Feb. 28, 1980, pp. 4304-05).

    [[Page 731]]
    report may not include a new topic or issue that, although germane, was
    not committed to conference by either House (Apr. 9, 1992, p. ----). For
    example, a motion to instruct conferees on a general appropriation bill
    may not instruct the conferees to include a funding limitation not
    contained in the House bill or Senate amendment (Sept. 13, 1994, p. ----
    ). Similarly, a motion to recommit a conference report may not instruct
    conferees to expand definitions to include classes not covered under the
    House bill or Senate amendment (Sept. 29, 1994, p. ----). Some latitude,
    however, remains to House managers to eliminate specific words or
    phrases contained in either version and add words or phrases not
    included in either version so long as they remain within the scope of
    the differences committed to conference and do not incorporate
    additional topics, issues, or propositions not committed to conference
    (Speaker Albert, Sept. 28, 1976, pp. 33020-23).

      Prior to the 1971 revision of this clause, where one House struck out
    of a bill of the other all after the enacting clause and inserted a new
    text, conferees could discard language occurring both in the bill and
    substitute (VIII, 3266) and exercise broad discretion in incorporating
    germane amendments (VIII, 3263-3265), even to the extent of reporting a
    new bill germane to the subject (V, 6421, 6423, 6424; VIII, 3248). But
    the present language of the rule prohibits the inclusion in a conference
    report or in a motion to instruct House conferees of additional topics
    not committed to conference by either House or beyond the scope of the
    differences committed to conference, and the precedents predating the
    adoption of this clause in 1971 must be read in light of the explicit
    restrictions now contained in the clause (Speaker pro tempore McFall,
    Sept. 27, 1976, pp. 32719-20); a conference

    Sec. 913b. Nongermane matter in conference
    agreements.

      4. (a) With  respect to any report of a committee of conference called
    up before the House containing any matter which would be in violation of
    the provisions of clause 7 of rule XVI if such matter had been offered
    as an amendment in the House, and which--

              (1) is contained in any Senate amendment to that measure
    (including a Senate amendment in the nature of a substitute for the text
    of that measure as passed by the House) accepted by the House conferees
    or agreed to by the conference committee with modification; or

    [[Page 732]]
    the point of order, is contained in the report. For the purposes of
    this clause, matter which--
              (2) is contained in any substitute agreed to by the conference
    committee;
    it shall be in order, at any time after the reading of the report has
    been completed or dispensed with and before the reading of the
    statement, or immediately upon consideration of a conference report if
    clause 2(c) of this rule applies, to make a point of order that such
    nongermane matter, as described above, which shall be specified in

              (A) is contained in any substitute agreed to by the conference
    committee;

              (B) is not proposed by the House to be included in the measure
    concerned as passed by the House; and

              (C) would be in violation of clause 7 of rule XVI if such
    matter had been offered in the House as an amendment to the provisions
    of that measure as so proposed in the form passed by the House;
    shall be considered in violation of such clause 7.

      (b) If such point of order is sustained, it then shall be in order for
    the Chair to entertain a motion, which is of high privilege, that the
    House reject the nongermane matter covered by the point of order. It
    shall be in order to debate such motion for forty minutes, one-half of
    such time to be given to debate in favor of, and one-half in opposition
    to, the motion.

    [[Page 733]]

      (c) Notwithstanding the final disposition of any point of order made
    under paragraph (a), or of any motion to reject made pursuant to a point
    of order under paragraph (b), of this clause, it shall be in order to
    make further points of order on the ground stated in such paragraph (a),
    and motions to reject pursuant thereto under such paragraph (b), with
    respect to other nongermane matter in the report of the committee of
    conference not covered by any previous point of order which has been
    sustained.

      (d) If any such motion to reject has been adopted, after final
    disposition of all points of order and motions to reject under the
    preceding provisions of this clause, the conference report shall be
    considered as rejected and the question then pending before the House
    shall be--

              (1) whether to recede and concur in the Senate amendment with
    an amendment which shall consist of that portion of the conference
    report not rejected; or

              (2) if the last sentence of paragraph (a) of this clause
    applies, whether to insist further on the House amendment.
    If all such motions to reject are defeated, then, after the allocation
    of time for debate on the conference report as provided in clause 2(a)
    of this rule, it shall be in order to move the previous question on the
    adoption of the conference report.

      The last sentence of clause 4(a) was added and clause 4(d) was amended
    on April 9, 1974 (H. Res. 998, 93d Cong., pp. 10195-99), to become
    effective on the thirtieth day after the adoption of the resolution, in
    order to make this clause applicable to provisions originally contained
    in Senate bills sent to conference, and not merely to Senate amendments
    to House bills in conference. The original clause 4 was included as part
    of the revision of rules XX and XXVIII that took place effective at the
    end of the 92d Congress (H. Res. 1153, Oct. 13, 1972, p. 36023). The
    same resolution repealed the existing clause 3 of rule XX, which had
    been enacted as part of the Legislative Reorganization Act of 1970 to
    restrict the authority of House conferees to agree without prior
    permission of the House to Senate amendments that would violate clause 7
    of rule XVI if offered in the House. The clause was further amended in
    the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16) to provide that
    if the conference report is considered read under clause 2(c) of this
    rule, a point of order under this clause must be made immediately upon
    consideration of the conference report.

    [[Page 734]]
    of a Senate amendment in the nature of a substitute not germane to a
    House bill. If any motion to reject is adopted under this clause and the
    matter then pending before the House consists of numbered Senate
    amendments in disagreement, the pending question is whether to dispose
    of each Senate amendment not rejected as recommended in the conference
    report and to insist on disagreement to those amendments which have been
    rejected.
      The procedure provided in this clause was first utilized on September
    11, 1973 (pp. 29243-46), when the Chair sustained two points of order
    against portions of a conference report which were modifications of
    portions

      Under paragraph (b) of this clause where a point of order against a
    portion of a conference report has been sustained under this clause, the
    Speaker will not entertain another point of order against the report or
    against another portion thereof until a motion to reject the portion
    held nongermane (if made) has been disposed of (Speaker Albert, Dec. 15,
    1975, p. 40671). The Member representing the conference committee in
    opposition to a motion to reject under this clause, and not the
    proponent of the motion, has the right to close debate thereon (Oct. 15,
    1986, p. 31502).

      Once a motion to reject a nongermane portion has been adopted by the
    House and the Speaker has recognized a Member to offer a motion
    comprising the pending question under this clause, the report is
    rejected and it is too late to make a point of order against the entire
    conference report under clause 3 of this rule (Speaker Albert, Dec. 15,
    1975, p. 40671).

      Where possible, the Speaker rules on points of order against
    conference reports which if sustained will vitiate the entire conference
    report (as under clause 3 of this rule or under the Congressional Budget
    Act) before entertaining points of order under this clause (Speaker
    Albert, Sept. 23, 1976, pp. 32099-32100).

    Sec. 913c. Nongermane matter in amendments in
    disagreement.

      5. (a)(1) With  respect to any amendment (including an amendment in the
    nature of a substitute) which--

              (A) is proposed by the Senate to any measure and thereafter--

                  (i) is reported in disagreement between the two Houses by
    a committee of conference; or

                  (ii) is before the House, the stage of disagreement having
    been reached; and

    [[Page 735]]

    it shall be in order, immediately after a motion is offered that the
    House recede from its disagreement to such amendment proposed by the
    Senate and concur therein and before debate is commenced on such motion,
    to make a point of order that such nongermane matter, as described
    above, which shall be specified in the point of order, is contained in
    such amendment proposed by the Senate.
              (B) contains any matter which would be in violation of the
    provisions of clause 7 of rule XVI if such matter had been offered as an
    amendment in the House;

      (2) If such point of order is sustained, it then shall be in order for
    the Chair to entertain a motion, which is of high privilege, that the
    House reject the nongermane matter covered by the point of order. It
    shall be in order to debate such motion for forty minutes, one-half of
    such time to be given to debate in favor of, and one-half in opposition
    to, the motion.

      (3) Notwithstanding the final disposition of any point of order made
    under subparagraph (1), or of any motion to reject made pursuant to a
    point of order under subparagraph (2), of this paragraph, it shall be in
    order to make further points of order on the ground stated in such
    subparagraph (1), and motions to reject pursuant thereto under such
    subparagraph (2), with respect to other nongermane matter in the
    amendment proposed by the Senate not covered by any previous point of
    order which has been sustained.

    [[Page 736]]
    and concur shall be considered as rejected, and further motions--
      (4) If any such motion to reject has been adopted, after final
    disposition of all points of order and motions to reject under the
    preceding provisions of this clause, the motion to recede

              (A) to recede and concur in the Senate amendment with an
    amendment, where appropriate (but the offering of which is not in order
    unless copies of the language of the Senate amendment, as proposed to be
    amended by such motion, are then available on the floor when such motion
    is offered and is under consideration);

              (B) to insist upon disagreement to the Senate amendment and
    request a further conference with the Senate; and

              (C) to insist upon disagreement to the Senate amendment;
    shall remain of high privilege for consideration by the House. If all
    such motions to reject are defeated, then, after the allocation of time
    for debate on the motion to recede and concur as provided in clause 2(b)
    of this rule, it shall be in order to move the previous question on such
    motion.

    [[Page 737]]

      (b)(1) With respect to any such amendment proposed by the Senate as
    described in paragraph (a) of this clause, it shall not be in order to
    offer any motion that the House recede from its disagreement to such
    Senate amendment and concur therein with an amendment, unless copies of
    the language of the Senate amendment, as proposed to be amended by such
    motion, are then available on the floor when such motion is offered and
    is under consideration.

      (2) Immediately after any such motion is offered and is in order and
    before debate is commenced on such motion, it shall be in order to make
    a point of order that nongermane matter, as described in subparagraph
    (1) of paragraph (a) of this clause, which shall be specified in the
    point of order, is contained in the language of the Senate amendment, as
    proposed to be amended by such motion, copies of which are then
    available on the floor.

      (3) If such point of order is sustained, it then shall be in order for
    the Chair to entertain a motion, which is of high privilege, that the
    House reject the nongermane matter covered by the point of order. It
    shall be in order to debate such motion for forty minutes, one-half of
    such time to be given to debate in favor of, and one-half in opposition
    to, the motion.

    [[Page 738]]

      (4) Notwithstanding the final disposition of any point of order under
    subparagraph (2), or of any motion to reject made pursuant to a point of
    order under subparagraph (3), of this paragraph, it shall be in order to
    make further points of order on the ground stated in subparagraph (1) of
    paragraph (a) of this clause, and motions to reject pursuant thereto
    under subparagraph (3) of this paragraph, with respect to other
    nongermane matter in the language of the Senate amendment, as proposed
    to be amended by the motion described in subparagraph (1) of this
    paragraph, not covered by any previous point of order which has been
    sustained.

      (5) If any such motion to reject has been adopted, after final
    disposition of all points of order and motions to reject under the
    preceding provisions of this paragraph, the motion to recede and concur
    in the Senate amendment with an amendment shall be considered as
    rejected, and further motions--

              (A) to recede and concur in the Senate amendment with an
    amendment, where appropriate (but the offering of which is not in order
    unless copies of the language of the Senate amendment, as proposed to be
    amended by such motion, are then available on the floor when such motion
    is offered and is under consideration);

              (B) to insist upon disagreement to the Senate amendment and
    request a further conference with the Senate; and

              (C) to insist upon disagreement to the Senate amendment;
    shall remain of high privilege for consideration by the House. If all
    such motions to reject are defeated, then, after the allocation of time
    for debate on the motion to recede and concur in the Senate amendment
    with an amendment as provided in clause 2(b) of this rule, it shall be
    in order to move the previous question on such motion.

    [[Page 739]]
    fore debate is commenced on concurring in such Senate amendment, or on
    concurring therein with an amendment, it shall be in order to make and
    dispose of points of order and motions to reject with respect to such
    Senate amendment in accordance with applicable provisions of this clause
    and to effect final determination of these matters in accordance with
    such provisions.

      (c) If, on a division of a motion that the House recede and concur,
    with or without amendment, from its disagreement to any such Senate
    amendment as described in paragraph (a)(1) of this clause, the House
    agrees to recede, then, be

      This clause was added on April 9, 1974 (H. Res. 998, 93d Cong., pp.
    10195-99) which deleted from clause 1 of rule XX and transferred to this
    clause the procedures concerning disposition of Senate non-germane
    amendments. Clause 5(b) was first utilized on July 31, 1974, p. 26083,
    when the Chair sustained a point of order against a portion of a motion
    to recede and concur in a Senate amendment (reported from conference in
    disagreement) with a further amendment, on the ground that that portion
    of the Senate amendment contained in the motion was not germane to the
    House-passed measure, and a motion rejecting that portion of the motion
    to recede and concur with an amendment was offered and defeated. Clause
    5(b) is not applicable to a provision contained in a motion to recede
    and concur with an amendment which was not contained in any form in the
    Senate version and which is not therefore a modification of the Senate
    provision, the only requirement in such circumstances being that the
    motion as a whole be germane to the Senate amendment as a whole under
    clause 7 of rule XVI (Speaker pro tempore Kazen, Oct. 4, 1978, p. 33502;
    June 30, 1987, p. 18294). A point of order under clause 5 of rule XXI
    (appropriations on a legislative bill) against a motion to dispose of a
    Senate amendment in disagreement which, if sustained, would vitiate the
    entire motion, must be disposed of prior to a point of order under this
    clause which, if sustained, would merely permit a separate vote on
    rejection of that portion of the motion (Oct. 1, 1980, pp. 28638-42).

    Sec. 913d. Open conference meetings.

      6. (a) Each  conference
    committee meeting between the House and Senate shall be open to the
    public except when the House, in open session, has determined by a
    rollcall vote of a majority of those Members voting that all or part of
    the meeting shall be closed to the public.

    [[Page 740]]
    diately upon consideration of a conference report if clause 2(c) of
    this rule applies, a point of order may be made that the committee of
    conference making the report to the House has failed to comply with
    paragraph (a) of this clause.
      (b)(1) After the reading of the report and before the reading of the
    joint statement, or imme

      (2) If such point of order is sustained, the conference report shall
    be considered as rejected, the House shall be considered to have
    insisted upon its amendment(s) or upon disagreement to the amendment(s)
    of the Senate, as the case may be, and to have requested a further
    conference with the Senate, and the Speaker shall be authorized to
    appoint new conferees without intervening motion.

      This clause as originally added to rule XXVIII on January 14, 1975 (H.
    Res. 5, 94th Cong., p. 20) provided that conference committee meetings
    be open except where a majority of the managers of the House or Senate
    voted to close the meeting, and provided that the clause not become
    effective until the Senate adopted a similar rule. The Senate adopted an
    identical rule on November 5, 1975, p. 35203. The clause was
    substantially changed on January 4, 1977 (H. Res. 5, 95th Cong., pp. 53-
    70) to require that conference meetings be open except where the House
    by rollcall vote determines that a meeting may be closed, to allow a
    point of order against a conference report where the conferees have
    violated this clause, and to provide for subsequent disposition of the
    matter reported from conference should such a point of order be
    sustained, and was further amended in the 96th Congress (H. Res. 5, Jan.
    5, 1979, pp. 7-16) to provide that if the conference report is
    considered read under clause 2(c) of this rule, a point of order under
    this clause must be made immediately upon consideration of the
    conference report.

    [[Page 741]]
    ment, the conference report is subject to a point of order under this
    clause resulting in an automatic request for a further conference (Dec.
    20, 1982, p. 32896). Although a motion to close a conference committee
    meeting ``to the public'' would, under the precedents (see V, 6254,
    fn.), exclude Members who were not conferees, a motion may be offered as
    privileged under this clause to authorize a conference committee to
    close its meetings to the public, except to Members of Congress (Speaker
    O'Neill, May 23, 1977, pp. 15880-84).
      At any time after a bill has been sent to conference and conferees
    have been appointed by the Speaker, a motion pursuant to this clause
    authorizing a conference committee to close its meetings to the public
    is privileged for consideration in the House, is debatable for one hour
    within the control of the Member offering the motion, and must be voted
    on by a rollcall vote (Speaker O'Neill, May 23, 1977, pp. 15880-84; Apr.
    13, 1978, p. 10128). While the Chair does not normally look behind
    signatures of conferees to determine the propriety of conference
    procedure, if proposed conferees have signed a conference report before
    they have been formally appointed in both Houses and do not meet
    formally in open session after such appoint

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      Clause 11 of rule XLVIII, adopted on July 14, 1977 (H. Res. 658, pp.
    22932-49), provides that this paragraph does not apply to conference
    committee meetings respecting legislation (or any part thereof) reported
    from the Permanent Select Committee on Intelligence.

                                   Rule XXIX.

                                 SECRET SESSION.

    Sec. 914. Secret session of the
    House.

      Whenever confidential  communications are received from the President of the United
    States, or whenever the Speaker or any Member shall inform the House
    that he has communications which he believes ought to be kept secret for
    the present, the House shall be cleared of all persons except the
    Members and officers thereof, and so continue during the reading of such
    communications, the debates and proceedings thereon, unless otherwise
    ordered by the House.

      This rule, in a somewhat different form, was adopted in 1792, although
    secret sessions had been held by the House before that date. They
    continued to be held at times with considerable frequency until 1830. In
    1880, at the time of the general revision of the rules, the House
    concluded to retain the rule, although it had been long in disuse (V,
    7247; VI, 434).

      The two Houses have legislated in secret session, transmitting their
    messages also in secrecy (V, 7250); but the House has declined to be
    bound to secrecy by act of the Senate (V, 7249). Motions to remove the
    injunction of secrecy should be made with closed doors (V, 7254). In
    1843 a confidential message from the President was referred without
    reading; but no motion was made for a secret session (V, 7255).

    [[Page 742]]
    addressed to the Speaker and not to the Chairman of the Committee of
    the Whole (May 9, 1950, p. 6746; June 6, 1978, p. 16376; June 20, 1979,
    pp. 15710-11). A Member seeking to offer the motion that the House
    resolve itself into secret session must qualify, as provided by the
    rule, by asserting that he himself has a secret communication to make to
    the House (June 6, 1978, p. 16376).
      The House and not the Committee of the Whole determines whether the
    Committee may sit in executive session, and an inquiry relative to
    whether the Committee of the Whole should sit in secret session is
    properly

      On June 20, 1979, the House adopted by voice vote a motion that the
    House resolve itself into secret session pursuant to this rule (the
    first such occasion since 1830), where the Member offering the motion
    had ensured the Speaker that he had confidential communications to make
    to the House as required by the rule (Speaker pro tempore Wright, pp.
    15711-13). The Speaker pro tempore announced on that occasion before the
    commencement of the secret session that the galleries would be cleared
    of all persons, that the Chamber would be cleared of all persons except
    Members and those officers and employees specified by the Speaker whose
    attendance was essential to the functioning of the secret session, who
    would be required to sign an oath of secrecy, and that all proceedings
    in the secret session must be kept secret until otherwise ordered by the
    House (June 20, 1979, pp. 15711-13). Where the House has concluded a
    secret session and has not voted to release the transcripts of that
    session, the injunction of secrecy remains and the Speaker may
    informally refer the transcripts to appropriate committees for their
    evaluation and report to the House as to ultimate disposition to be made
    (June 20, 1979, pp. 15711-13).

      The following procedures apply during a secret session. The motion for
    a secret session is not debatable. The Member who offers the motion may
    be recognized for one hour of debate after the House resolves into
    secret session, and the normal rules of debate, including the principle
    that no motions would be in order unless he yields for that purpose,
    apply. The Speaker having found that a Member has qualified to make the
    motion for a secret session, having confidential communications to make,
    no point of order lies that the material in question must be submitted
    to the Members to make that determination (the motion for a secret
    session having been adopted by the House). No point of order lies in
    secret session that employees designated by the Speaker as essential to
    the proceedings, who have signed an oath of secrecy, may not be present.
    A motion in secret session to make public the proceedings therein is
    debatable for one hour, within narrow limits of relevancy. At the
    conclusion of debate in secret session, a Member may be recognized to
    offer a motion that the session be dissolved (July 17, 1979, pp. 19057-
    59).

    [[Page 743]]
    he has confidential communications to make to the House, and since the
    Speaker was aware that the Committee with possession of the materials
    had authorized those materials to be used in a secret session (Feb. 25,
    1980, pp. 3618-19). Another secret session was held in the 98th Congress
    pending consideration of a bill amending the Intelligence Authorization
    Act to prohibit U.S. support for military or paramilitary operations in
    Nicaragua (July 19, 1983, p. 19776).
      The House conducted another secret session in the 96th Congress to
    receive confidential communications consisting of classified information
    in the possession of the Committee on Foreign Affairs and the Permanent
    Select Committee on Intelligence, which those committees had authorized
    to be used in a secret session of the House if ordered; on that occasion
    the Speaker overruled a point of order against the motion for a secret
    session since the Speaker must rely on the assurance of a Member that

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      The House may subsequently by unanimous consent order printed in the
    Congressional Record proceedings in secret session, with appropriate
    deletions and revisions agreeable to the Committees to which the secret
    transcript has been referred for review (July 17, 1979, p. 19049).

                                    Rule XXX.

                                USE OF EXHIBITS.

    Sec. 915. Objections to use of exhibits.

      When the  use of any
    exhibit in debate is objected to by any Member, it shall be determined
    without debate by a vote of the House.

      This rule was rewritten in the 103d Congress (H. Res. 5, Jan. 5, 1993,
    p. ----) to address the use of exhibits in debate rather than the
    reading from papers.

    [[Page 744]]

    Sec. 916. History of former rule on reading of
    papers.

      The earlier  form of the rule, originally adopted in 1794 and amended in
    1802 and 1880 (V, 5257), addressed reading from papers. It recognized
    the right of a Member under the general parliamentary law to have read
    the paper on which the House is to vote (V, 5258), but when that paper
    had been read once, the reading could not be repeated unless by order of
    the House (V, 5260). The right could be abrogated by suspension of the
    rules (V, 5278-5284; VIII, 3400); but was not abrogated simply by the
    fact that the current procedure was taking place under the rule for
    suspension (V, 5273-5277). On a motion to refer a report, the reading of
    it could be demanded as a matter of right, but the latest ruling left to
    the House to determine whether or not an accompanying record of
    testimony should be read (V, 5261, 5262). In general the reading of a
    report was held to be in the nature of debate (V, 5292); but where a
    report presents facts and conclusions but no legislative proposition it
    is read if submitted for action (IV, 4663). Where a paper is offered as
    involving a matter of privilege it may be read to the House (III, 2597;
    VI, 606; VIII, 2599), rather than by the Speaker privately (III, 2546),
    but a Member may not, as a matter of right, require the reading of a
    book or paper on suggestion that it contains matter infringing on the
    privileges of the House (V, 5258).

      The former rule prohibiting the reading of papers in debate was held
    to apply to the exhibition of articles as evidence or in exemplification
    in debate (VIII, 2452, 2453; June 2, 1937, pp. 6104-05; Aug. 5, 1949, p.
    10859), and the new form of the rule adopted in the 103d Congress (H.
    Res. 5, Jan. 5, 1993, p. ----) marks the modern relevance of that
    application. While Members may use exhibits such as charts during debate
    subject to this rule, the Speaker may, pursuant to his authority to
    preserve order and decorum under rule I (see Sec. 622, supra), direct
    the removal of a chart from the well of the House which is not being
    utilized during debate (Apr. 1, 1982, p. 6304), or which is otherwise
    disruptive of decorum.

    [House Rules Manual -- House Document No. 103-342]
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    Sec. 917. Earlier practice.

      The reading  of papers other than
    the one on which the vote was about to be taken was usually permitted
    without question (V, 5258), and the Member in debate usually read such
    papers as he pleased, but this privilege was subject to the authority of
    the House if another Member objected (V, 5285-5288, 5289-5291; VIII,
    2597, 2602; Dec. 19, 1974, p. 41425; Dec. 10, 1987, p. 34669). This
    principle applied even to the Member's own written speech (V, 5258;
    VIII, 2598), to a report which he proposed to have read in his own time
    or to read in his place (V, 5293), and to excerpts from the
    Congressional Record (VIII, 2597). But, on a motion to lay on the table,
    a demand for the reading of a paper other than the one to which the
    motion applied was overruled (V, 5297); and after the previous question
    were ordered a Member could not ask the decision of the House as to the
    reading of a paper not before the House for action (V, 5296), even
    though it be the report of the committee (V, 5294, 5295). For further
    discussion, see Secs. 432-436, supra. The consent of the House
    pursuant to the former form of this rule for a Member to read a paper in
    debate only permitted the Member seeking such permission to read as much
    of the paper as possible in the time yielded or allotted to that Member,
    and did not necessarily grant permission to read or to insert the entire
    document (Mar. 1, 1979, p. 3748). Where a Member objected to another's
    reading from a paper the Chair put the question without debate, and it
    was not in order under the guise of parliamentary inquiry to debate that
    question by indicating that the objection was a dilatory tactic (Dec.
    10, 1987, p. 34672).

                                   Rule XXXI.

                               HALL OF THE HOUSE.

    [[Page 745]]
    ceremonies to be observed therein; and the Speaker shall not entertain
    a motion for the suspension of this rule.

    Sec. 918. Use of the Hall of the House.

      The Hall  of the
    House shall be used only for the legislative business of the House and
    for the caucus meetings of its Members, except upon occasions where the
    House by resolution agrees to take part in any

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      Rules relating to the use of the Hall were adopted as early as 1804.
    The present form of the rule dates from 1880 (V, 7270). It was
    renumbered January 3, 1953, p. 24.

                                   Rule XXXII.

                           OF ADMISSION TO THE FLOOR.

    [[Page 746]]
    ness from their committee is under consideration and not more than one
    person from a Member's staff when that Member has an amendment under
    consideration, subject to the provisions of clause 4 of this rule; and
    one attorney to accompany any Member who is the respondent in an
    investigation undertaken by the Committee on Standards of Official
    Conduct when the recommendation of such committee is under
    consideration; and it shall not be in order for the Speaker to entertain
    a request for the suspension of this rule or to present from the chair
    the request of any Member for unanimous consent.

    Sec. 919. Persons and officials admitted to the
    floor during sessions of the House.

      1. The persons  hereinafter named, and none other,
    shall be admitted to the Hall of the House or rooms leading thereto,
    viz: The President and Vice President of the United States and their
    private secretaries, judges of the Supreme Court, Members of Congress
    and Members-elect, contestants in election cases during the pendency of
    their cases in the House, the Secretary and Sergeant-at-Arms of the
    Senate, heads of departments, foreign ministers, governors of States,
    the Architect of the Capitol, the Librarian of Congress and his
    assistant in charge of the Law Library, the Resident Commissioner to the
    United States from Puerto Rico, each Delegate to the House, such persons
    as have, by name, received the thanks of Congress, the Parliamentarian,
    elected officers and elected minority employees of the House (other than
    Members); and ex-Members of the House of Representatives, former
    Parliamentarians of the House, and former elected officers and elected
    minority employees of the House, subject to the provisions of clause 3
    of this rule; and clerks of committees when busi

      This rule was subjected to many changes from 1802 until 1880 (V, 7823;
    VIII, 3634), was renumbered in the 83d Congress (Jan. 3, 1953, p. 24),
    and was substantially amended in the 94th Congress (H. Res. 1435, Oct.
    1, 1976, pp. 35175-80). The latter amendment to the rule changed clause
    1 and added clause 3 to clarify the conditions under which former
    Members, officers and employees were entitled to admission to the floor.
    Clause 1 was amended by the Ethics Reform Act of 1989 to permit floor
    privileges for one attorney for a Member-respondent during consideration
    of a disciplinary resolution (P.L. 101-194, Nov. 30, 1989).

      The portion of this clause which permits clerks of committees access
    to the floor during the consideration of business from their committee
    has been interpreted by the Speaker to allow four professional staff
    members and one clerk on the floor at one time (Speaker Albert, June 8,
    1972, p. 20318; Speaker O'Neill, Jan. 26, 1977, p. 2333). The
    Legislative Reorganization Act of 1970, section 503(3) (84 Stat. 1140,
    1202; 2 U.S.C. 281b(3)) also allows two staff members of the Legislative
    Counsel access to the floor to assist the committee.

    [[Page 747]]

      The rule was amended in the 92d Congress to include the Delegate from
    the District of Columbia among those having the privilege of the floor
    (H. Res. 5, Jan. 22, 1971, p. 144), and later in that same Congress was
    again revised to permit all Delegates to enjoy the privilege (H. Res.
    1153, Oct. 13, 1972, pp. 36021-23). The latter revision was necessary
    because of the enactment of Public Law 92-271, which created the
    positions of Delegate from Guam and Delegate from the Virgin Islands.
    Officers and elected employees, both present and former, were given
    floor privileges by the adoption of this same resolution (H. Res. 1153,
    92d Cong.) but had in fact, by custom, been permitted on the floor prior
    to this change in the rule.

      The portion of the rule forbidding the Speaker to entertain requests
    for suspension of the rule applies also to the Chairman of the Committee
    of the Whole (V, 7285). ``Heads of departments'' means members of the
    President's Cabinet, and not subordinate executive officers, and
    ``foreign ministers'' means ministers from foreign governments only.
    ``Governors of States'' does not include governors of Territories (V,
    7283; VIII, 3634).

      An alleged violation of the rule relating to admission to the floor
    presents a question of privilege (III, 2624, 2625; VI, 579), but not a
    higher question of privilege than an election case (III, 2626). In one
    case where an ex-Member was abusing the privilege, he was excluded by
    direction of the Speaker (V, 7288), but in another case the Speaker
    declared it a matter for the House and not the Chair to consider (V,
    7286). In one case an alleged abuse was inquired into by a select
    committee (V, 7287). Former Members of the House do not have the
    privilege of the Hall of the House nor rooms leading thereto when they
    are personally interested in legislation being considered or who are in
    the employ of an organization that is interested in legislation before
    the Congress (Speaker Rayburn, Oct. 2, 1945, p. 9251). While former
    Members of Congress are entitled to the privilege of the floor they may
    not manifest approval or disapproval of the proceedings (VIII, 3635).
    The Speaker announced his intention to strictly enforce the rule to
    prevent a proliferation of committee and other staff on the floor (Aug.
    22, 1974, p. 30027; Jan. 19, 1981, p. 402; Jan. 25, 1983, p. 224). The
    Speaker announced that committee staff would be required to display
    staff badges on the floor in exchange for identification cards prior to
    admission to the floor (Speaker O'Neill, Jan. 21, 1986, p. 5; Jan. 5,
    1993, p. ----). It is not in order to refer to persons temporarily on
    the floor of the House as guests of the House, such as Members' children
    (Apr. 28, 1994, p. ----), other children (May 18, 1995, p. ----), or
    Senators exercising floor privileges (May 18, 1995, p. ----).

    Sec. 920. Admission to the floor when the House
    is not sitting.

      2. There shall  be excluded at all times from the Hall of the House of
    Representatives and the cloakrooms all persons not entitled to the
    privilege of the floor during the session, except that until fifteen
    minutes of the hour of the meeting of the House persons employed in its
    service, accredited members of the press entitled to admission to the
    press gallery, and other persons on request of Members, by card or in
    writing, may be admitted.

    [[Page 748]]

      This clause was adopted in 1902 (V, 7346).

    Sec. 921a. Former Members and officers.

      3. Ex-Members of  the House of Representatives, former Parliamentarians of the House,
    and former elected officers and former elected minority employees of the
    House, shall be entitled to the privilege of admission to the Hall of
    the House and rooms leading thereto only if they do not have any direct
    personal or pecuniary interest in any legislative measure pending before
    the House or reported by any committee of the House and only if they are
    not in the employ of, or do not represent, any party or organization for
    the purpose of influencing, directly or indirectly, the passage, defeat
    or amendment of any legislative measure pending before the House,
    reported by any committee of the House or under consideration in any of
    its committees or subcommittees. The Speaker shall promulgate such
    regulations as may be necessary to implement the provisions of this rule
    and to ensure its enforcement.

      This clause was added in the 94th Congress (H. Res. 1435, Oct. 1,
    1976, pp. 35175-80) to consolidate in one clause and to clarify the
    restrictions on admittance to the floor of former Members, officers and
    employees and to give the Speaker the power to promulgate regulations to
    enforce the rule. Pursuant to this authority, the Speaker issued
    regulations addressing former Members (Jan. 6, 1977, p. 321) and
    committee staff (Jan. 26, 1977, p. 2333).

    [[Page 749]]
    and has construed the latter phrase to include the Speaker's Lobby and
    the cloakrooms (Speaker Gingrich, May 24, 1995, p. ----).

      A former Member is not entitled to the privileges of the floor under
    this clause if he (1) has a direct personal or pecuniary interest in
    legislation under consideration in the House or reported by any
    committee, or (2) represents any party or organization for the purpose
    of influencing the disposition of legislation pending before the House,
    reported by any committee or under consideration in any committee or
    subcommittee (Speaker pro tempore Brademas, June 7, 1978, p. 16625). The
    essence of the rule is the former Member's status as one with a personal
    or pecuniary interest and not whether the former Member may have a
    present intent to lobby (Speaker Foley, June 9, 1994, p. ----). The
    Speaker has emphasized that the rule applies not only to the floor but
    also to ``rooms leading thereto,''

    Sec. 921b. Members' staff.

      4. Persons from  Member's staffs
    admitted to the Hall of the House or rooms leading thereto under clause
    1 shall be admitted only upon prior notification to the Speaker. No such
    person or clerk of a committee so admitted under clause 1 shall engage
    in efforts in the Hall of the House or rooms leading thereto to
    influence Members with regard to the legislation being amended. Such
    persons and clerks shall remain at the desk and are admitted only to
    advise the Member or committee responsible for their admission. Any such
    person or clerk who violates this clause may be excluded during the
    session from the Hall of the House and rooms leading thereto by the
    Speaker.

    [House Rules Manual -- House Document No. 103-342]
    [Page 750]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-117]

    [[Page 750]]

      This final clause of the rule was added in the 95th Congress (H. Res.
    5, Jan. 4, 1977, pp. 53-70) to extend the privilege of the floor to one
    person from the staff of a Member who has an amendment under
    consideration, but not of a measure's sponsor or during special order
    speeches. The Speaker promulgated regulations for the implementation of
    this clause on January 26, 1977 (p. 2333). In the 97th Congress, the
    Speaker announced that personal staff of Members did not have the
    privilege of the floor and that committee staff, permitted on the floor
    when business from their committees is under consideration, were
    required to remain unobtrusively by the committee tables (Aug. 18, 1982,
    p. 21934). Staff permitted on the floor under clause 4 are not permitted
    to pass out literature or otherwise attempt to influence Members in
    their votes (Aug. 1, 1990, p. ----) and may not applaud during debate
    (June 15, 1995, p. ----).

                                  Rule XXXIII.

                         OF ADMISSION TO THE GALLERIES.

    Sec. 922. The various galleries and admission
    thereto.

      The Speaker  shall set aside a portion of the west gallery for the use of
    the President of the United States, the members of his Cabinet, justices
    of the Supreme Court, foreign ministers and suites, and the members of
    their respective families, and shall also set aside another portion of
    the same gallery for the accommodation of persons to be admitted on the
    card of Members. The southerly half of the east gallery shall be
    assigned exclusively for the use of the families of Members of Congress,
    in which the Speaker shall control one bench, and on request of a Member
    the Speaker shall issue a card of admission to his family, which shall
    include their visitors, and no other person shall be admitted to this
    section.

      This rule was adopted in 1880 (V, 7302). It was renumbered January 3,
    1953, p. 24.

    [House Rules Manual -- House Document No. 103-342]
    [Page 750-761]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-118]

      On special occasions the House sometimes makes a special rule for
    admission to the galleries (V, 7303), as on the occasion of the
    electoral count (III, 1961), of an address by the President, and of
    public funerals.

                                   Rule XXXIV.

                          OFFICIAL AND OTHER REPORTERS.

    [[Page 751]]
    subject to the direction and control of the Speaker.

    Sec. 923. Reporters of debates and
    committee stenographers.

      1. The appointment  and removal, for cause, of the official
    reporters of the House, including stenographers of committees, and the
    manner of the execution of their duties shall be vested in the Clerk,

      From 1874 until March 1, 1978, the appointment and removal of the
    official reporters, and the manner of the execution of their duties, was
    vested in the Speaker (V, 6958); effective March 1, 1978 (H. Res. 959,
    Jan. 23, 1978, p. 431) those responsibilities were vested in the Clerk,
    subject to the direction and control of the Speaker.

      The reporters of debates have borne an important part in the evolution
    by which the House has built up the system of a daily verbatim report of
    its proceedings, made by its own corps of reporters (V, 6959). Since
    these reporters have become officers of the House a correction of the
    Congressional Record has been held a question of privilege (V, 7014-
    7016).

    Sec. 924. Rules relating to Congressional
    Record.

      The  arrangement, style, etc., of the Congressional Record is
    prescribed by the Joint Committee on Printing pursuant to 44 U.S.C. 901,
    904 (see also VIII, 3500). The rules of the Joint Committee on Printing
    governing publication of the Congressional Record are as follows:

      1. Arrangement of the daily Congressional Record.--The Public Printer
    shall arrange the contents of the daily Congressional Record as follows:
    The Senate proceedings shall alternate with the House proceedings in
    order of placement in consecutive issues insofar as such an arrangement
    is feasible, and Extensions of Remarks and Daily Digest shall follow:
    Provided, That the makeup of the Congressional Record shall proceed
    without regard to alternation whenever the Public Printer deems it
    necessary in order to meet production and delivery schedules.

      2. Type and style.--The Public Printer shall print the report of the
    proceedings and debates of the Senate and House of Representatives, as
    furnished by the official reporters of the Congressional Record, in 8-
    point type; and all matter included in the remarks or speeches of
    Members of Congress, other than their own words, and all reports,
    documents, and other matter authorized to be inserted in the
    Congressional Record shall be printed in 7-point type; and all roll
    calls shall be printed in 6-point type. No italic or black type nor
    words in capitals or small capitals shall be used for emphasis or
    prominence; nor will unusual indentions be permitted. These restrictions
    do not apply to the printing of or quotations from historical, official,
    or legal documents or papers of which a literal reproduction is
    necessary.

      3. Only as an aid in distinguishing the manner of delivery in order to
    contribute to the historical accuracy of the Record, statements or
    insertions in the Record where no part of them was spoken will be
    preceded and followed by a ``bullet'' symbol, i.e.,  (now
    applicable only in Senate).

    [[Page 752]]
    not furnished at the time specified, the Public Printer is authorized
    to withhold it from the Congressional Record for 1 day. In no case will
    a speech be printed in the Congressional Record of the day of its
    delivery if the manuscript is furnished later than 12 o'clock midnight.
      4. Return of manuscript.--When manuscript is submitted to Members for
    revision it should be returned to the Government Printing Office not
    later than 9 o'clock p.m. in order to insure publication in the
    Congressional Record issued on the following morning; and if all of the
    manuscript is

      5. Tabular matter.--The manuscript of speeches containing tabular
    statements to be published in the Congressional Record shall be in the
    hands of the Public Printer not later than 7 o'clock p.m. to insure
    publication the following morning. When possible, manuscript copy for
    tabular matter should be sent to the Government Printing Office 2 or
    more days in advance of the date of publication in the Congressional
    Record. Proof will be furnished promptly to the Member of Congress to be
    submitted by him instead of manuscript copy when he offers it for
    publication in the Congressional Record.

      6. Proof furnished.--Proofs or ``leave to print'' and advance speeches
    will not be furnished the day the manuscript is received but will be
    submitted the following day, whenever possible to do so without causing
    delay in the publication of the regular proceedings of Congress. Advance
    speeches shall be set in the Congressional Record style of type, and not
    more than six sets of proofs may be furnished to Members without charge.

      7. Notation of withheld remarks.--If manuscript or proofs have not
    been returned in time for publication in the proceedings, the Public
    Printer will insert the words ``Mr. ---- addressed the Senate (House or
    Committee). His remarks will appear hereafter in Extensions of Remarks''
    and proceed with the printing of the Congressional Record.

      8. Thirty-day limit.--The Public Printer shall not publish in the
    Congressional Record any speech or extension of remarks which has been
    withheld for a period exceeding 30 calendar days from the date when its
    printing was authorized: Provided, That at the expiration of each
    session of Congress the time limit herein fixed shall be 10 days, unless
    otherwise ordered by the committee.

      9. Corrections.--The permanent Congressional Record is made up for
    printing and binding 30 days after each daily publication is issued;
    therefore all corrections must be sent to the Public Printer within that
    time: Provided, That upon the final adjournment of each session of
    Congress the time limit shall be 10 days, unless otherwise ordered by
    the committee: Provided further, That no Member of Congress shall be
    entitled to make more than one revision. Any revision shall consist only
    of corrections of the original copy and shall not include deletions of
    correct material, substitutions for correct material, or additions of
    new subject matter.

    [[Page 753]]

      10. The Public Printer shall not publish in the Congressional Record
    the full report or print of any committee or subcommittee when the
    report or print has been previously printed. This rule shall not be
    construed to apply to conference reports. However, inasmuch as [rule
    XXVIII; see Sec. 912, supra] provides that conference reports be printed
    in the daily edition of the Congressional Record, they shall not be
    printed therein a second time.

      11. Makeup of the Extensions of Remarks.--Extensions of Remarks in the
    Congressional Record shall be made up by successively taking first an
    extension from the copy submitted by the official reporters of one House
    and then an extension from the copy of the other House, so that Senate
    and House extensions appear alternately as far as possible. The sequence
    for each House shall follow as closely as possible the order or
    arrangement in which the copy comes from the official reporters of the
    respective Houses.

      The official reporters of each House shall designate and distinctly
    mark the lead item among their extensions. When both Houses are in
    session and submit extensions, the lead item shall be changed from one
    House to the other in alternate issues, with the indicated lead item of
    the other House appearing in second place. When only one House is in
    session, the lead item shall be an extension submitted by a Member of
    the House in session. This rule shall not apply to Congressional Records
    printed after the sine die adjournment of the Congress.

      12. Official reporters.--The official reporters of each House shall
    indicate on the manuscript and prepare headings for all matter to be
    printed in Extensions of Remarks and shall make suitable reference
    thereto at the proper place in the proceedings.

      13. Two-page rule--Cost estimate from Public Printer.--(1) No
    extraneous matter in excess of two printed Record pages, whether printed
    in its entirety in one daily issue or in two or more parts in one or
    more issues, shall be printed in the Congressional Record unless the
    Member announces, coincident with the request for leave to print or
    extend, the estimate in writing from the Public Printer of the probable
    cost of publishing the same. (2) No extraneous matter shall be printed
    in the House proceedings or the Senate proceedings, with the following
    exceptions: (a) Excerpts from letters, telegrams, or articles presented
    in connection with a speech delivered in the course of debate; (b)
    communications from State legislatures; (c) addresses or articles by the
    President and the Members of his Cabinet, the Vice President, or a
    Member of Congress. (3) The official reporters of the House or Senate or
    the Public Printer shall return to the Member of the respective House
    any matter submitted for the Congressional Record which is in
    contravention of these provisions.

          house supplement to ``laws and rules for publication of the

                congressional record''--effective august 12, 1986

    [[Page 754]]
    words. Statements exceeding this will be printed following the business
    of the day.
      1. Extensions of Remarks in the daily Congressional Record.--When the
    House has granted leave to print (1) a newspaper or magazine article, or
    (2) any other matter not germane to the proceedings, it shall be
    published under Extensions of Remarks. This rule shall not apply to
    quotations which form part of a speech of a Member, or to an authorized
    extension of his own remarks: Provided, That no address, speech, or
    article delivered or released subsequently to the sine die adjournment
    of a session of Congress may be printed in the Congressional Record.
    One-minute speeches delivered during the morning business of Congress
    shall not exceed 300

      2. Any extraneous matter included in any statement by a Member, either
    under the 1-minute rule or permission granted to extend at this point,
    will be printed in the ``Extensions of Remarks'' section, and that such
    material will be duly noted in the Member's statement as appearing
    therein.

      3. Under the general leave request by the floor manager of specific
    legislation only matter pertaining to such legislation will be included
    as per the request. This, of course, will include tables and charts
    pertinent to the same, but not newspaper clippings and editorials.

      4. In the makeup of the portion of the Record entitled ``Extensions of
    Remarks,'' the Public Printer shall withhold any Extensions of Remarks
    which exceed economical press fill or exceed production limitations.
    Extensions withheld for such reasons will be printed in succeeding
    issues, at the direction of the Public Printer, so that more uniform
    daily issues may be the end result and, in this way, when both Houses
    have a short session the makeup would be in a sense made easier so as to
    comply with daily proceedings, which might run extremely heavy at times.

      5. The request for a Member to extend his or her remarks in the body
    of the Record must be granted to the individual whose remarks are to be
    inserted.

      6. All statements for ``Extensions of Remarks,'' as well as copy for
    the body of the Congressional Record must be submitted on the Floor of
    the House to the Official Reporters of Debates and must carry the actual
    signature of the Member. Extensions of Remarks will be accepted up to 15
    minutes after adjournment of the House. To insure printing in that day's
    proceedings, debate transcripts still out for revision must be returned
    to the Office of Official Reporters of Debates, Room HT-60, the Capitol,
    (1) by 5 p.m., or 2 hours following adjournment, whichever occurs later;
    or (2) within 30 minutes following adjournment when the House adjourns
    at 11 p.m., or later.

      7. The Congressional Record shall contain a substantially verbatim
    account of remarks actually made during proceedings of the House,
    subject to technical, grammatical, and typographical corrections
    authorized by the Member making the remarks involved. The substantially
    verbatim account shall be clearly distinguishable, by different
    typeface, from material inserted under permission to extend remarks.

    [[Page 755]]
    strictly to the requirement of rule 7 of the supplemental rules (Mar.
    2, 1988, p. 2963; Feb. 3, 1993, p. ----). Because the Record is
    maintained as a substantially verbatim account of the proceedings of the
    House (44 U.S.C. 901), the Speaker will not entertain a unanimous
    consent request to give a special-order speech ``off the Record'' (June
    24, 1992, p. ----).

    Sec. 924a. Substantially verbatim
    account.

      The requirement  of rule 7 of the supplemental rules outlined above that the
    Congressional Record be a substantially verbatim account of remarks
    actually rendered was included as a new clause 9 of rule XIV in the
    104th Congress, with the prescription that that rule constitute a
    standard of conduct under clause 4(e)(1)(B) of rule X (sec. 213, H. Res.
    6, Jan. 4, 1995, p. ----). Under clause 9 of rule XIV, remarks actually
    delivered may not be deleted and remarks inserted must appear in
    distinctive type (Jan. 4, 1995, p. ----). The Speaker has instructed the
    Official Reporters of Debates to adhere

      The Record is for the proceedings of the House and Senate only, and
    matters not connected therewith are rigidly excluded (V, 6962). It is
    not, however, the official record, that function being fulfilled by the
    Journal (IV, 2727). As a general principle the Speaker has no control
    over the Record (V, 6984, 7017), but words spoken by a Member after he
    has been called to order may be excluded by direction of the Speaker (V,
    6975-6978; VIII, 3466, 3471; July 29, 1994, p. ----). But the House, and
    not the Speaker, determines what liberty shall be allowed to a Member
    who has leave to extend his remarks (V, 6997-7000; VIII, 3475), whether
    or not a copyrighted article shall be printed therein (V, 6985), as to
    an alleged abuse of the leave to print (V, 7012; VIII, 3474), or as to a
    proposed amendment (V, 6983).

    Sec. 925. Relations of the Committee of the Whole
    to the Congressional Record.

      As a general  rule the Committee of the Whole has no
    control over the Congressional Record (V, 6986); but the Chairman in the
    preservation of order, may direct the exclusion of disorderly words
    spoken by a Member after he has been called to order (V, 6987). In a
    case wherein the committee conceived that a letter read in committee
    involved a breach of privilege, it reported the matter to the House for
    action, and the House struck the letter from the Record (V, 6986). The
    Chairman of the Committee of the Whole does not determine the privileges
    of a Member under a general leave to print in the record, that being for
    the House alone (V, 6988). Neither may the Committee of the Whole grant
    a general leave to print, although for convenience it does permit
    individual Members to extend their remarks (V, 7009, 7010; VIII, 3488-
    3490; Aug. 31, 1965, p. 22385), nor may the Committee of the Whole
    permit the inclusion of extraneous material (Jan. 23, 1936, p. 950; Feb.
    1, 1937, pp. 656-57; Sept. 19, 1967, p. 26032).

    [[Page 756]]
    from action when the words, after being withheld for revision, appeared
    in the Record, and struck them out (V, 6979, 6981; VI, 582; VIII, 2538,
    3463, 3472).

    Sec. 926. Correction of the Congressional
    Record.

      While the  House controls the Congressional Record, the Speaker with the
    assent of the House laid down the principle that words spoken by a
    Member in order might not be changed by the House, as this would be
    determining what a Member should utter on the floor (V, 6974; VI, 583;
    VIII, 3469, 3498). Neither should one House strike out matter placed in
    the Record by permission of the other House (V, 6966). But the House may
    correct the speech of one of its Members so that it may record
    faithfully what he actually said (V, 6972). Where a Member interrupts
    another during debate without being yielded or otherwise recognized (as
    on a point of order) his remarks are not printed in the Record (Speaker
    O'Neill, Feb. 7, 1985, p. 2229). Where a Member had uttered disorderly
    words on the floor without objection, the House yet decided that it was
    not precluded

      The House has also ordered stricken from the Record printed speeches
    condemned as unparliamentary for reflections on Members, committees of
    the House, the House itself (V, 7017), and the Senate (V, 5129). In the
    101st Congress a resolution presented as a question of privilege was
    adopted which directed the Committee on House Administration to report
    with respect to certain unauthorized deletions from the Record. A task
    force of that Committee recommended that deletion of unparliamentary
    remarks be permitted only by consent of the House, and not by the Member
    uttering the words under authority to revise and extend (Oct. 27, 1990,
    p. ----). Through the 103d Congress, under applicable precedents and
    guidelines, the Chair could refine a ruling on a point of order in the
    Record in order to clarify the ruling without changing its substance,
    including one sustained by the House on appeal (Feb. 19, 1992, p. ----;
    see H. Res. 230, 99th Cong., July 31, 1985, p. 21783, and H. Rept. 99-
    228). In accordance with existing accepted practices, the Speaker
    customarily made such technical or parliamentary corrections or
    insertions in the transcript of a ruling or statement by the Chair as
    may have been necessary to conform to rule, custom, or precedent (see
    also H. Res. 330, 101st Cong., Feb. 7, 1990, p. 1515, and report of
    House Administration Task Force on Record inserted by Speaker Foley,
    Oct. 27, 1990, p. ----). However, in the 104th Congress the Speaker
    ruled that the requirement of a new clause 9 of rule XIV that the Record
    be a substantially verbatim account of remarks made during House
    proceedings extended to statements and rulings of the Chair (Jan. 20,
    1995, p. ----).

    [[Page 757]]

      It is improper for a Member to have published in the Record the
    individual votes of Members on a question of which the yeas and nays
    have not been entered on the Journal (V, 6982). A correction of the
    Record which involves a motion and a vote is recorded in the Journal
    (IV, 2877). Propositions to make corrections are sometimes considered by
    the Committee on House Oversight. In debating a resolution to strike
    from the Record disorderly language a Member may not read the language
    (V, 7004); but it was held that as part of a personal explanation
    relating to matter excluded as out of order a Member might read the
    matter, subject to a point of order if the reading should develop
    anything in violation of the rules of debate (V, 5079). It has also been
    held that a Member may not, in a controversy over a proposed correction
    of the Record as to a matter of business, demand as a matter of right
    the reading of the reporter's notes (V, 6967; VIII, 3460). The Speaker
    declines to entertain unanimous consent requests to correct the Record
    on a vote taken by electronic device, based upon the presumed accuracy
    of the electronic system and the ability and responsibility of each
    Member to verify his vote (Feb. 6, 1973, p. 3558; Apr. 18, 1973, p.
    13081; Dec. 3, 1974, p. 37897).

    Sec. 927. Privileges of propositions to correct
    the Congressional Record.

      A motion or  resolution for the correction of the
    Congressional Record which involves a question of privilege may be made
    properly after the reading and approval of the Journal (V, 7013; VIII,
    3496), and is not in order pending the approval of the Journal (V,
    6989), but is privileged after that (V, 7014-7019; VIII, 3461, 3463).

      A question of privilege as to an alleged error in the Record may not
    be raised until the Record has appeared (V, 7020), and a resolution to
    omit from the manuscript copy certain remarks declared out of order is
    not privileged (V, 7021). Offensive words having been stricken from the
    Record by the Member, a question of privilege may not arise therefrom
    (V, 7023; VI, 596). Privileged motions to correct the Congressional
    Record involve cases where the integrity of House proceedings is in
    question, such as where unparliamentary words have been spoken in debate
    (see Sec. 761, supra) or inserted in the Record (Deschler's Precedents,
    vol. 1, ch. 5, sec. 17), where the remarks of one Member have been
    attributed to another (sec. 18.1-18.2), or where a Member has improperly
    altered his remarks during an exchange of colloquoy with another Member
    (sec. 18.9). Mere typographical errors in the Congressional Record or
    ordinary revisions of a Member's remarks do not give rise to privileged
    motions for the correction of the Record (Apr. 25, 1985, p. 9419), since
    such changes for the permanent edition of the Record may be made without
    the permission of the House (Deschler's Precedents, vol. 1, ch. 5, sec.
    19) and the House does not change the Record merely to show what a
    Member should have said during debate (sec. 18).

      A motion to correct the Record has been entertained to allow a Member
    to print in subsequent edition of the daily Record the correct text of
    an amendment which he had offered on a previous day and which had been
    substantially misprinted in the daily Record for the day on which it was
    offered (Deschler's Precedents, vol. 1, ch. 5, sec. 18.6).

    [[Page 758]]
    the House corrected the Record (V, 6973). The Joint Committee on
    Printing prescribes the conditions under which Members may revise their
    remarks (V, 7024; VIII, 3500).

    Sec. 928. Privilege of Member to revise his
    remarks in the Congressional Record.

      It has been  the practice to allow a Member,
    with the approval of the House, to revise his remarks before publication
    in the Congressional Record (V, 6971); but he should not change the
    notes of his own speech in such a way as to affect the remarks of an
    opponent in controversy without bringing the correction to the attention
    of that Member (V, 6972; VIII, 3461). Where the remarks of another are
    not affected, a Member in revising a speech for the Record should abide
    by rule 9 of the rules adopted by the Joint Committee on Printing to
    govern the publication of the Congressional Record and should not delete
    correct material (see Secs. 924, 924a supra), but alterations which
    place a different aspect on the remarks of a colleague require
    authorization by the House (VIII, 3463, 3497). A Member is not entitled
    to inspect the Reporter's notes of remarks which do not contain
    reflections on himself, delivered by another Member and withheld for
    revision (V, 6964). Where a Member so revised his remarks as to affect
    the import of words uttered by another Member,

    [[Page 759]]
    leave to revise and extend to be printed in distinctive type and
    precludes deletion under such permission of words actually uttered (Jan.
    4, 1995, p. ----).

    Sec. 929. ``Leave to print'' in the Congressional
    Record.

      The practice  of inserting in the Congressional Record speeches not actually
    delivered on the floor has grown up by consent of the House as the
    membership has increased and it has become difficult at times for every
    Member to express at length on the floor his reasons for his attitude on
    public questions (V, 6990-6996, 6998-7000). The House quite generally
    stipulates, in granting leave to print, that it shall be exercised
    without unreasonable freedom (V, 7002, 7003). General leave to print may
    be granted only by the House, although in Committee of the Whole a
    Member, by unanimous consent, may be given leave to extend his remarks
    (V, 7009, 7010; VIII, 3488-3490). When a Member under leave to print
    places in the Record that which would not have been in order if uttered
    on the floor, the House may exclude the speech in whole or in part (V,
    7005-7008; VIII, 3495; Oct. 2, 1992, p. ----). Thus, where a Member,
    under leave to print, made charges against another Member, the House
    ordered the speech stricken out (V, 7004). The principle that a Member
    shall not be called to order for words spoken in debate if business has
    intervened does not apply to a case where leave to print has been
    violated (V, 7005). Where a Member gets leave to insert one matter he
    may not print another (V, 7001; VIII, 3462, 3479, 3480). Leave to extend
    remarks does not permit a Member to insert in the Record statements and
    letters of others unless the leave granted specifies such matter (VIII,
    3475, 3481) whether the extension be under general leave for all Members
    or individually. In Committee of the Whole leave for an extension of
    remarks should not be granted except in connection with remarks actually
    delivered and, if under the five-minute rule, relevant to the bill; and
    the extension under such circumstances should be brief (Speaker
    Longworth, Mar. 18, 1926, p. 5854). Neither the House nor the Committee
    of the Whole permit the insertion of an entire colloquy between two or
    more Members not actually delivered (Aug. 10, 1982, pp. 20266, 20267;
    Oct. 3, 1985, p. 26028). The Chairman of the Committee of the Whole has
    declined to entertain a request for an extension of remarks actually
    delivered under the five-minute rule but not relevant to the bill under
    consideration (Chairman Lehlbach, Mar. 18, 1926, p. 5861). Where a
    Member abused a leave to print on the last day of the session, the House
    at the next session condemned the abuse and declared the matter not a
    legitimate part of the official debates (V, 7017). An abuse of the leave
    to print gives rise to a question of privilege (V, 7005-7008, 7011;
    VIII, 3163, 3491, 3495), and a resolution or motion to expunge from the
    Record in such a case is offered as a question of privilege (V, 7012;
    VIII, 3475, 3491). An inquiry by the House as to an alleged abuse of the
    leave to print does not necessarily entitle the Member implicated to the
    floor on a question of privilege (V, 7012). Clause 9 of rule XIV, added
    in the 104th Congress, requires substantive remarks inserted under

      A motion that a Member be permitted to extend his remarks in the
    Record is not privileged (Feb. 8, 1950, p. 1661), and under the rules of
    the Joint Committee on Printing, one Member cannot obtain permission for
    other individual Members to extend their remarks.

      Where extraneous material proposed to be inserted in the body or in
    the Extension of Remarks portion of the Record exceeds two Record pages,
    the rules of the Joint Committee on Printing require that the Member
    state an estimate of printing cost when permission is requested to make
    the insertion (Feb. 12, 1962, p. 2207; May 24, 1972, p. 18653), and it
    is the Member's responsibility and not that of the Chair to ascertain
    the cost of printing extraneous material and obtaining consent of the
    House when necessary (Feb. 11, 1994, p. ----). The Joint Committee on
    Printing amended the rules for publication of the Record, effective
    March 1, 1978, to require the identification in the Record by ``bullet''
    symbols of statements or insertions no part of which were actually
    delivered in debate (Feb. 20, 1978, p. 3676). Where the House permitted
    all members leave to revise and extend their remarks on a certain
    subject, those Members who actually spoke during the debate could revise
    their remarks to appear as if actually delivered, but Members'
    statements no part of which were spoken were preceded and followed by a
    ``bullet'' symbol (Nov. 15, 1983, p. 32729). Then in the 99th Congress,
    the House adopted a resolution requesting the Joint Committee on
    Printing to adopt temporary rules to require distinctive type styles
    rather than bulleting of remarks not actually spoken in debate (H. Res.
    230, July 31, 1985, p. 21783), and also adopted a resolution requesting
    that those rules be made permanent (H. Res. 514, Aug. 12, 1986, p.
    20980). Under regulations of the Joint Committee on Printing, remarks
    delivered or inserted under leave to revise and extend in connection
    with a ``one-minute speech'' made before legislative business are
    printed after legislative business if exceeding 300 words (Speaker
    O'Neill, Apr. 5, 1978, p. 8846). See Sec. 924, supra.

      Based upon several unauthorized insertions of extensions of remarks in
    the Record, the Speaker announced that henceforth all extensions of
    remarks must be signed by the Member submitting them (Aug. 15, 1974, p.
    28385).

    [[Page 760]]
    admitted thereto under such regulations as the Speaker may from time to
    time prescribe; and the supervision of such gallery, including the
    designation of its employees, shall be vested in the standing committee
    of correspondents, subject to the direction and control of the Speaker;
    and the Speaker may assign one seat on the floor to Associated Press
    reporters and one to United Press International, and regulate the
    occupation of the same. And the Speaker may admit to the floor, under
    such regulations as he may prescribe, one additional representative of
    each press association.

    Sec. 930a. Unofficial reporters in the press gallery
    and on the floor.

      2. Such  portion of the gallery over the Speaker's chair as
    may be necessary to accommodate representatives of the press wishing to
    report debates and proceedings shall be set aside for their use, and
    reputable reporters and correspondents shall be

      This clause was first adopted in 1857, and has been amended from time
    to time as the occasion demanded (V, 7304; VIII, 3642). It was again
    amended January 3, 1953, p. 24 and most recently on January 22, 1971, p.
    144. See also Consumers Union v. Periodical Correspondents' Association,
    515 F.2d 1341 (D.C. Cir. 1975), cert. den. 423 U.S. 1051 (1976) (action
    in enforcing correspondents' association regulations is within
    legislative immunity granted by the Speech or Debate Clause).

    [[Page 761]]
    trol of the Speaker; and the Speaker may admit to the floor, under such
    regulations as he may prescribe, one representative of the National
    Broadcasting Company, one of the Columbia Broadcasting System, one of
    the Mutual Broadcasting System, and one of the American Broadcasting
    Company.

    Sec. 930b. Unofficial reporters in the radio gallery
    and on the floor.

      3. Such  portion of the gallery of the House of
    Representatives as may be necessary to accommodate reporters of news to
    be disseminated by radio, television, and similar means of transmission,
    wishing to report debates and proceedings, shall be set aside for their
    use, and reputable reporters thus engaged shall be admitted thereto
    under such regulations as the Speaker may from time to time prescribe;
    and the supervision of such gallery, including the designation of its
    employees, shall be vested in the Executive Committee of the Radio and
    Television Correspondents' Galleries, subject to the direction and con

    [House Rules Manual -- House Document No. 103-342]
    [Page 761]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-119]

      This clause was adopted on April 20, 1939, p. 4561, and was amended on
    May 30, 1940, p. 7208 and on January 22, 1971, p. 144.

                                   Rule XXXV.

                                PAY OF WITNESSES.

    Sec. 931. Fees of witnesses before the House or
    committees.

      The rule  for paying witnesses to appear before the House or any of
    its committees shall be as follows: For each day a witness shall attend,
    the same per diem rate as established, authorized, and regulated by the
    Committee on House Oversight for Members and employees of the House, and
    actual expenses of travel in coming to or going from the place of
    examination; but no per diem shall be paid when a witness has been
    summoned at the place of examination.

    [House Rules Manual -- House Document No. 103-342]
    [Page 762-765]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-120]

    [[Page 762]]

      This rule was adopted in 1872, with amendments in 1880 (III, 1825),
    1930 (VI, 393), April 19, 1955, p. 4722, August 12, 1969, p. 23355 (H.
    Res. 495, 91st Cong.), and July 28, 1975, p. 25258 (H. Res. 517, 94th
    Cong.). The last amendment eliminated the specific per diem and travel
    rate of reimbursement and allowed actual travel costs and per diem for
    witnesses requested or subpoenaed to appear at the same rate as
    established by the Committee on House Oversight for Members and
    employees. In the 104th Congress it was amended to reflect the new name
    of the Committee on House Oversight (sec. 202(b), H. Res. 6, Jan. 4,
    1995, p. ----). For further provisions relating to witnesses, see
    clauses 2(j) and (k) of rule XI (Secs. 711 and 712, supra).

                                   Rule XXXVI.

        PRESERVATION AND AVAILABILITY OF NONCURRENT RECORDS OF THE HOUSE.

    Sec. 932. Duties of clerk and committees as to
    custody of papers before committees.

      1. (a) At the  end of each Congress, the
    chairman of each committee of the House shall transfer to the Clerk any
    noncurrent records of such committee, including the subcommittees
    thereof.

      (b) At the end of each Congress, each officer of the House elected
    pursuant to rule II shall transfer to the Clerk any noncurrent records
    made or acquired in the course of the duties of such officer.

      2. The Clerk shall deliver the records transferred pursuant to clause
    1 of the rule, together with any other noncurrent records of the House,
    to the Archivist of the United States for preservation at the National
    Archives and Records Administration. Records so delivered are the
    permanent property of the House and remain subject to this rule and the
    orders of the House.

      3. (a) Subject to paragraph (b) of the clause, clause 4 of this rule,
    and orders of the House, the Clerk shall authorize the Archivist of the
    United States to make available for public use the records delivered to
    the Archivist under clause 2 of this rule.

    [[Page 763]]
    2 of this rule shall be made available immediately.
      (b)(1) Any record that the House or a committee of the House (or a
    subcommittee thereof) makes available for public use before such record
    is delivered to the Archivist under clause

      (2) Any investigative record that contains personal data relating to a
    specific living individual (the disclosure of which would be an
    unwarranted invasion of personal privacy), any administrative record
    with respect to personnel, and any record with respect to a hearing
    closed pursuant to clause 2(g)(2) of rule XI shall be available if such
    record has been in existence for 50 years.

      (3) Any record for which a time, schedule, or condition for
    availability is specified by order of the House shall be made available
    in accordance with that order. Except as otherwise provided by order of
    the House, any record of a committee for which a time, schedule, or
    condition for availability is specified by order of the committee
    (entered during the Congress in which the record is made or acquired by
    the committee) shall be made available in accordance with the order of
    the committee.

      (4) Any record (other than a record referred to in subparagraph (1),
    (2), or (3) of this paragraph) shall be made available if such record
    has been in existence for 30 years.

    [[Page 764]]
    mittee on House Oversight of any determination under the preceding
    sentence.
      4. (a) A record shall not be made available for public use under
    clause 3 of this rule if the Clerk determines that such availability
    would be detrimental to the public interest or inconsistent with the
    rights and privileges of the House. The Clerk shall notify in writing
    the chairman and the ranking minority party Member of the Com

      (b) A determination of the Clerk under paragraph (a) is subject to
    later order of the House and, in the case of a record of a committee,
    later order of the committee.

      5. (a) This rule does not supersede rule XLVIII or rule L and does not
    authorize the public disclosure of any record if such disclosure is
    prohibited by law or executive order of the President.

      (b) The Committee on House Oversight may prescribe guidelines and
    regulations governing the applicability and implementation of this rule.

      (c) A committee may withdraw from the National Archives and Records
    Administration any record of the committee delivered to the Archivist of
    the United States under this rule. Such withdrawal shall be on a
    temporary basis and for official use of the committee.

      6. As used in the rule the term ``record'' means any official,
    permanent record of the House, including--

              (a) with respect to a committee of the House, an official,
    permanent record of the committee (including any record of a
    legislative, oversight, or other activity of such committee or
    subcommittee thereof); and

    [[Page 765]]
    term does not include a record of an individual Member of the House.

              (b) with respect to an officer of the House elected pursuant
    to rule II, an official, permanent record made or acquired in the course
    of the duties of such officer. Such

      The predecessor to this provision was adopted in 1880 (V, 7260). The
    rule was renumbered in the 83d Congress (H. Res. 5, Jan. 3, 1953, p.
    24), and was rewritten entirely in the 101st Congress (H. Res. 5, Jan.
    3, 1989, p. 73) to incorporate the provisions of H. Res. 419 as reported
    from the Committee on Rules in the 100th Congress (H. Rept. 100-1054).
    In the 104th Congress it was amended to reflect the new name of the
    Committee on House Oversight (sec. 202(b), H. Res. 6, Jan. 4, 1995, p.
    ----).

      Clause 2 of the former provision stemmed from section 140(a) of the
    Legislative Reorganization Act of 1946 (60 Stat. 812) and was made a
    part of the standing rules January 3, 1953 (p. 24) and amended January
    22, 1971 (p. 144). The Clerk of the House has historically been
    authorized to permit the Administrator of General Services to make
    available for use certain records of the House transferred to the
    National Archives (H. Res. 288, June 16, 1953, p. 6641). In the 99th
    Congress the reference was changed from the General Services
    Administration to the National Archives and Records Administration (H.
    Res. 114, Oct. 14, 1986, p. 30821).

    [House Rules Manual -- House Document No. 103-342]
    [Page 765-766]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-121]

      Under rule XXXVI, an order of the House is required for the release of
    noncurrent records of the House (Mar. 22, 1991, p. ----).

                                  Rule XXXVII.

                              WITHDRAWAL OF PAPERS.

    [[Page 766]]

    Sec. 933. Custody of papers in the files of the
    House.

      No memorial  or other paper presented to the House shall be withdrawn from
    its files without its leave, and if withdrawn therefrom certified copies
    thereof shall be left in the office of the Clerk; but when an act may
    pass for the settlement of a claim, the Clerk is authorized to transmit
    to the officer in charge with the settlement thereof the papers on file
    in his office relating to such claim, or may loan temporarily to an
    officer or bureau of the executive departments any papers on file in his
    office relating to any matter pending before such officer or bureau,
    taking proper receipt therefor.

      This rule was adopted in 1873 and amended in 1880 (V, 7256). It was
    renumbered January 3, 1953, p. 24.

      The House usually allows the withdrawal of papers only in cases where
    there has been no adverse report. As the rules for the order of business
    give no place to the motion to withdraw, it is made by unanimous consent
    (V, 7259). The House formerly adopted a privileged resolution at the
    beginning of each Congress authorizing the Clerk to furnish certified
    copies of certain types of House papers subpoenaed by courts upon
    determination of relevancy by the court, but not permitting production
    of executive session papers or transfer of original papers (Jan. 3,
    1973, pp. 30-31).

    [House Rules Manual -- House Document No. 103-342]
    [Page 766]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-122]

      See rule L, infra for current procedure for response to subpoenas for
    papers of the House.

                                  Rule XXXVIII.

                                     BALLOT.

    Sec. 934. Elections by ballot.

      In all  cases of ballot a
    majority of the votes given shall be necessary to an election, and where
    there shall not be such a majority on the first ballot the ballots shall
    be repeated until a majority be obtained; and in all balloting blanks
    shall be rejected and not taken into the count in enumeration of votes
    or reported by the tellers.

    [House Rules Manual -- House Document No. 103-342]
    [Page 766-767]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-123]

      This rule was first adopted in 1789 and was amended in 1837 (V, 6003).
    It was renumbered January 3, 1953, p. 24. The last election by ballot
    seems to have occurred in 1868 (V, 6003).

                                   Rule XXXIX.

                                    MESSAGES.

    [[Page 767]]

    Sec. 935. Entry of messages in the Journal
    and Record.

      Messages received  from the Senate and the President of the United States,
    giving notice of bills passed or approved, shall be entered in the
    Journal and published in the Record of that day's proceedings.

      This rule was adopted in 1867 and amended in 1880 (V, 6593). It was
    renumbered January 3, 1953, p. 24.

    [House Rules Manual -- House Document No. 103-342]
    [Page 767]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-124]

      The House may receive a message from the Senate when the Senate is not
    in session (VIII, 3338).

                                    Rule XL.

                            EXECUTIVE COMMUNICATIONS.

    Sec. 936. Reception and reference of executive
    communications, including estimates.

      Estimates of  appropriations and all other
    communications from the executive departments, intended for the
    consideration of any committees of the House, shall be addressed to the
    Speaker, and by him referred as provided by clause 2 of rule XXIV.

      This rule was adopted in 1867 and amended in 1880 (V, 6593). It was
    renumbered January 3, 1953, p. 24.

    [House Rules Manual -- House Document No. 103-342]
    [Page 767-768]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-125]

      Formerly estimates of appropriations were transmitted through the
    Secretary of the Treasury (IV, 3573-3576, 4045), but under the Budget
    Act they are transmitted by the President.

                                    Rule XLI.

                    QUALIFICATIONS OF OFFICERS AND EMPLOYEES.

    Sec. 937. Officers and employees not to be agents of
    claims.

      No person  shall be an officer or employee of the House, or continue in
    its employment, who shall be an agent for the prosecution of any claim
    against the Government or be interested in such claim otherwise than as
    an original claimant or than in the proper discharge of official duties.

    [[Page 768]]

      This rule was adopted in 1842 (V, 7227). It was renumbered January 3,
    1953, p. 24. It was amended by the Ethics Reform Act of 1989 to include
    employees in the prohibition against prosecuting or having an interest
    in any claim against the government, to specify the inapplicability of
    that prohibition to the discharge of official duties, and to delete an
    obsolete reference to the Committee on House Administration (P.L. 101-
    194, Nov. 30, 1989).

    [House Rules Manual -- House Document No. 103-342]
    [Page 768]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-126]

      Several provisions of the federal criminal code also address the
    conduct of Members, officers, and employees with respect to claims
    against the government (18 U.S.C. 203-207, 216).

                                   Rule XLII.

                               GENERAL PROVISIONS.

    Sec. 938. Relations of Jefferson's Manual and
    Legislative Reorganization Act of 1946 to the rules of the
    House.

      The rules of  parliamentary practice comprised in Jefferson's Manual and the
    provisions of the Legislative Reorganization Act of 1946, as amended,
    shall govern the House in all cases to which they are applicable, and in
    which they are not inconsistent with the standing rules and orders of
    the House and joint rules of the Senate and House of Representatives.

    [House Rules Manual -- House Document No. 103-342]
    [Page 768-774]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-127]

      This rule was adopted in 1837 (V, 6757), and amended January 3, 1953,
    p. 24, when it was also renumbered. Joint rules have not been in force
    since the 43d Congress. Discussion of the importance of Jefferson's
    Manual as an authority in congressional procedure (VII, 1029, 1049;
    VIII, 2501, 2517, 2518, 3330).

                                   Rule XLIII.

                            CODE OF OFFICIAL CONDUCT.

      There is hereby established by and for the House of Representatives
    the following code of conduct, to be known as the ``Code of Official
    Conduct'':

    Sec. 939. Official conduct of Members, officers,
    or employees of the House.

      1. A Member,  officer, or employee of the House of
    Representatives shall conduct himself at all times in a manner which
    shall reflect creditably on the House of Representatives.

    [[Page 769]]
    the letter of the Rules of the House of Representatives and to the
    rules of duly constituted committees thereof.
      2. A Member, officer, or employee of the House of Representatives
    shall adhere to the spirit and

      3. A Member, officer, or employee of the House of Representatives
    shall receive no compensation nor shall he permit any compensation to
    accrue to his beneficial interest from any source, the receipt of which
    would occur by virtue of influence improperly exerted from his position
    in the Congress.

      4. A Member, officer, or employee of the House of Representatives
    shall not accept gifts (other than the personal hospitality of an
    individual or with a fair market value of $100 or less, as adjusted
    under section 102(a)(2)(A) of the Ethics in Government Act of 1978) in
    any calendar year aggregating more than the minimal value as established
    by section 7342(a)(5) of title 5, United States Code, or $250, whichever
    is greater, directly or indirectly from any person (other than from a
    relative), except to the extent permitted by written waiver granted in
    exceptional circumstances by the Committee on Standards of Official
    Conduct pursuant to clause 4(e)(1)(E) of rule X.

      5. A Member, officer, or employee of the House of Representatives
    shall accept no honorarium for a speech, writing for publication, or
    other similar activity.

    [[Page 770]]
    bursement for legitimate and verifiable campaign expenditures and shall
    expend no funds from his campaign account not attributable to bona fide
    campaign or political purposes.
      6. A Member of the House of Representatives shall keep his campaign
    funds separate from his personal funds. A Member shall convert no
    campaign funds to personal use in excess of reim

      7. A Member of the House of Representatives shall treat as campaign
    contributions all proceeds from testimonial dinners or other fund
    raising events.

      8. A Member or officer of the House of Representatives shall retain no
    one under his payroll authority who does not perform official duties
    commensurate with the compensation received in the offices of the
    employing authority. In the case of committee employees who work under
    the direct supervision of a Member other than a chairman, the chairman
    may require that such Member affirm in writing that the employees have
    complied with the preceding sentence (subject to clause 6 of rule XI) as
    evidence of the chairman's compliance with this clause and with clause 6
    of rule XI.

      9. A Member, officer, or employee of the House of Representatives
    shall not discharge or refuse to hire any individual, or otherwise
    discriminate against any individual with respect to compensation, terms,
    conditions, or privileges of employment, because of such individual's
    race, color, religion, sex (including marital or parental status),
    handicap, age, or national origin, but may take into consideration the
    domicile or political affiliation of such individual.

    [[Page 771]]
    the commission of a crime for which a sentence of two or more years'
    imprisonment may be imposed should refrain from participation in the
    business of each committee of which he is a member and should refrain
    from voting on any question at a meeting of the House, or of the
    Committee of the Whole House, 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.
      10. A Member of the House of Representatives who has been convicted by
    a court of record for

      11. A Member of the House of Representatives shall not authorize or
    otherwise allow a non-House individual, group, or organization to use
    the words ``Congress of the United States,'' ``House of
    Representatives,'' or ``Official Business,'' or any combination of words
    thereof, on any letterhead or envelope.

      12. (a) Except as provided by paragraph (b), any employee of the House
    of Representatives who is required to file a report pursuant to rule
    XLIV shall refrain from participating personally and substantially as an
    employee of the House of Representatives in any contact with any agency
    of the executive or judicial branch of Government with respect to
    nonlegislative matters affecting any nongovernmental person in which the
    employee has a significant financial interest.

    [[Page 772]]
    necessary. A copy of each such waiver shall be filed with the Committee
    on Standards of Official Conduct.
      (b) Paragraph (a) shall not apply if an employee first advises his
    employing authority of his significant financial interest and obtains
    from his employing authority a written waiver stating that the
    participation of the employee is

      13. Before any Member, officer, or employee of the House of
    Representatives may have access to classified information, the following
    oath (or affirmation) shall be executed:

            ``I do solemnly swear (or affirm) that I will not disclose any
    classified information received in the course of my service with the
    House of Representatives, except as authorized by House of
    Representatives or in accordance with its Rules.''
    Copies of the executed oath shall be retained by the Clerk of the House
    as part of the records of the House.

      As used in this Code of Official Conduct of the House of
    Representatives--(a) the terms ``Member'' and ``Member of the House of
    Representatives'' include the Resident Commissioner from Puerto Rico and
    each Delegate to the House; and (b) the term ``officer or employee of
    the House of Representatives'' means any individual whose compensation
    is disbursed by the Clerk of the House of Representatives.

    [[Page 773]]
    in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
    stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister,
    half brother, half sister, or who is the grandfather or grandmother of
    the spouse of such Member, officer, or employee, and shall be deemed to
    include the fiance or fiancee of the Member, officer, or employee.

      For the purposes of clause 4 of this Code of Official Conduct, the
    term ``relative'' means, with respect to any Member, officer, or
    employee of the House of Representatives, an individual who is related
    as father, mother, son, daughter, brother, sister, uncle, aunt, first
    cousin, nephew, niece, husband, wife, grandfather, grandmother,
    grandson, granddaughter, father-in-law, mother-

    [[Page 774]]
    314(d) of the Legislative Branch Appropriations Act for fiscal year
    1992 (P.L. 102-90, Aug. 14, 1991). Clause 13 was added in the 104th
    Congress (sec. 220, H. Res. 6, Jan. 4, 1995, p. ----).
      This rule was adopted in the 90th Congress (H. Res. 1099, Apr. 3,
    1968, p. 8803). The jurisdiction of the Committee on Standards of
    Official Conduct was redefined in the same resolution. The rule was
    amended in the 92d Congress to bring the Delegates from the District of
    Columbia, Guam and the Virgin Islands within the definition of
    ``Member'' (H. Res. 5, Jan. 22, 1971, p. 144; H. Res. 1153, Oct. 13,
    1972, pp. 36021-23). The rule was further amended in the 94th Congress
    by adding clause 9 (H. Res. 5, Jan. 14, 1975, p. 20). Clause 10 was
    adopted in the 94th Congress (H. Res. 46, Apr. 16, 1975, p. 10340). In
    the 95th Congress: (1) clause 4 was amended to change the prohibition
    against acceptance of gifts of ``substantial value''; (2) clause 6 was
    amended to delete from the second sentence the exception ``unless
    specifically provided by law,'' which had been added in the 94th
    Congress (H. Res. 5, Jan. 4, 1975, p. 20); (3) clause 7 was amended to
    eliminate an exception permitting sponsors to give notice of purpose;
    and (4) definitions for purposes of clause 4 were added (H. Res. 287,
    Mar. 2, 1977, pp. 5933-53). Clause 11 was adopted in the 96th Congress
    (H. Res. 5, Jan. 15, 1979, pp. 7-16). In the 100th Congress clause 4 was
    again amended in the 100th Congress to increase from $35 to $50 the
    value of personal hospitality of an individual that is not to be counted
    when computing the aggregate amount of gifts per calendar year, and
    clause 9 was amended to prohibit discrimination in employment based upon
    age (H. Res. 5, Jan. 6, 1987, p. 6). In the Ethics Reform Act of 1989:
    (1) clause 4 was again amended to revise the rules governing the
    acceptance of gifts, including value thresholds, waivers, and defined
    ``relatives''; (2) clause 5 was amended to prohibit the acceptance of
    honoraria effective January 1, 1991; (3) clause 6 was amended to specify
    that campaign funds be used only for bona fide campaign or political
    purposes; (4) clause 8 was amended to broaden Members' accountability
    for the pay and performance of staff; (5) clause 9 was amended to
    conform existing staff anti-discrimination rules to the Fair Employment
    Practices resolution adopted in the 100th Congress (now rule LI; see
    Sec. 946a, infra); (6) clause 12 was added to proscribe certain contacts
    as involving conflicts of interest; and (7) the last undesignated
    paragraph was amended to make conforming changes in the definition of
    ``relative'' (P.L. 101-194, Nov. 30, 1989). The threshold and aggregate
    values in clause 4 were again adjusted by section

      For an in depth discussion of this rule prepared by the Committee on
    Standards of Official Conduct, see the House Ethics Manual (102d Cong.,
    2d Sess.).

    [House Rules Manual -- House Document No. 103-342]
    [Page 774-796]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-128]

      It is not a proper parliamentary inquiry to ask the Chair to interpret
    the application of a criminal statute to a Member's conduct, as it is
    for the House and not the Chair to judge the conduct of Members (Nov.
    17, 1987, p. 32153). The committee has opined that ``conviction'' in
    clause 10 includes a plea of guilty or a certified finding of guilty
    even though sentencing may occur later (H. Rept. 94-76).

                                   Rule XLIV.

                              FINANCIAL DISCLOSURE.

    Sec. 940. Financial report disclosing certain
    financial interests.

      1. A copy of  each report filed with the Clerk under Title I of
    the Ethics in Government Act of 1978 shall be sent by the Clerk within
    the seven-day period beginning the date on which the report is filed to
    the Committee on Standards of Official Conduct. By August 1 of each
    year, the Clerk shall compile all such reports sent to him by Members
    within the period beginning on January 1 and ending on June 15 of each
    year and have them printed as a House document, which document shall be
    made available to the public.

      2. For the purposes of this rule, the provisions of Title I of the
    Ethics in Government Act of 1978 shall be deemed to be a rule of the
    House as it pertains to Members, officers, and employees of the House of
    Representatives.

    [[Page 775]]
    $300 or more; and (2) each creditor to whom was owed an unsecured loan
    or other indebtedness of $10,000 or more outstanding for at least 90
    days in the preceding calendar year (H. Res. 796, May 26, 1970, pp.
    17019-20). It was further amended in the 92d Congress to bring the
    Delegates from the District of Columbia, Guam, and the Virgin Islands
    within the definition of ``Members'' in the final sentence of the rule
    (H. Res. 5, Jan. 22, 1971, p. 144; H. Res. 1153, Oct. 13, 1972, pp.
    36021-23), and was amended in the 95th Congress to delete an obsolete
    reference (H. Res. 5, Jan. 4, 1977, pp. 53-70).
      The original version of this rule was adopted in the 90th Congress, in
    the same resolution that redefined the jurisdiction of the Committee on
    Standards of Official Conduct (H. Res. 1099, Apr. 3, 1968, p. 8803). In
    the 91st Congress the rule was amended, effective for years after 1970,
    to require public disclosure of (1) honoraria from a single source
    totaling

      The rule was completely amended in the 95th Congress, effective July
    1, 1977, to: (1) broaden the sources and minimum amounts of income
    reported; (2) require reports to be filed with the Clerk as well as with
    the Committee on Standards of Official Conduct; and (3) make reports
    available to the public as printed House documents rather than having
    them maintained in the Committee on Standards of Official Conduct (H.
    Res. 287, Mar. 2, 1977, pp. 5933-53). The rule was again amended in the
    96th Congress to incorporate by reference the relevant provisions of
    title I of the Ethics in Government Act of 1978 as they pertain to
    Members, officers and employees of the House of Representatives (H. Res.
    5, Jan. 15, 1979, pp. 7-16). Clause 1 was amended by the Ethics Reform
    Act of 1989 to make conforming changes in certain dates (P.L. 101-194,
    Nov. 30, 1989).

      For an in depth discussion of this rule prepared by the Committee on
    Standards of Official Conduct, see the House Ethics Manual (102d Cong.,
    2d Sess.).

      Pertinent provisions of title I of the Ethics in Government Act of
    1978 (5 U.S.C. App. 6 Secs. 101-111) follow:

         Title I--Financial Disclosure Requirements of Federal Personnel

                            persons required to file

      Sec. 101. (a) Within thirty days of assuming the position of an
    officer or employee described in subsection (f), an individual shall
    file a report containing the information described in section 102(b)
    unless the individual has left another position described in subsection
    (f) within thirty days prior to assuming such new position or has
    already filed a report under this title with respect to nomination for
    the new position or as a candidate for the position.

                                      * * *

    [[Page 776]]
    of Congress shall file a report containing the information described in
    section 102(b). Notwithstanding the preceding sentence, in any calendar
    year in which an individual continues to be a candidate for any office
    but all elections for such office relating to such candidacy were held
    in prior calendar years, such individual need not file a report unless
    he becomes a candidate for another vacancy in that office or another
    office during that year.
      (c) Within thirty days of becoming a candidate as defined in section
    301 of the Federal Campaign Act of 1971, in a calendar year for
    nomination or election to the office of President, Vice President, or
    Member of Congress, or on or before May 15 of that calendar year,
    whichever is later, but in no event later than 30 days before the
    election, and on or before May 15 of each successive year an individual
    continues to be a candidate, an individual other than an incumbent
    President, Vice President, or Member

      (d) Any individual who is an officer or employee described in
    subsection (f) during any calendar year and performs the duties of his
    position or office for a period in excess of sixty days in that calendar
    year shall file on or before May 15 of the succeeding year a report
    containing the information described in section 102(a).

      (e) Any individual who occupies a position described in subsection (f)
    shall, on or before the thirtieth day after termination of employment in
    such position, file a report containing the information described in
    section 102(a) covering the preceding calendar year if the report
    required by subsection (d) has not been filed and covering the portion
    of the calendar year in which such termination occurs up to the date the
    individual left such office or position, unless such individual has
    accepted employment in another position described in subsection (f).

      (f) The officers and employees referred to in subsections (a), (d),
    and (e) are-- * * *

      (9) a Member of Congress as defined under section 109(12);

      (10) an officer or employee of the Congress as defined under section
    109(13);

                                      * * *

      (g) Reasonable extensions of time for filing any report may be granted
    under procedures prescribed by the supervising ethics office for each
    branch, but the total of such extensions shall not exceed ninety days.

      (h) The provisions of subsections (a), (b), and (e) shall not apply to
    an individual who, as determined by the designated agency ethics
    official or Secretary concerned (or in the case of a Presidential
    appointee under subsection (b), the Director of the Office of Government
    Ethics), the congressional ethics committees, or the Judicial
    Conference, is not reasonably expected to perform the duties of his
    office or position for more than sixty days in a calendar year, except
    that if such individual performs the duties of his office or position
    for more than sixty days in a calendar year--

              (1) the report required by subsections (a) and (b) shall be

            filed within fifteen days of the sixtieth day, and

              (2) the report required by subsection (e) shall be filed as

            provided in such subsection.

    [[Page 777]]
    duties of his office or position less than one hundred and thirty days
    in a calendar year, but only if the supervising ethics office determines
    that--
      (i) The supervising ethics office for each branch may grant a publicly
    available request for a waiver of any reporting requirement under this
    section for an individual who is expected to perform or has performed
    the

              (1) such individual is not a full-time employee of the

            Government,

              (2) such individual is able to provide services specially

            needed by the Government,

              (3) it is unlikely that the individual's outside employment or

            financial interests will create a conflict of interest, and

              (4) public financial disclosure by such individual is not

            necessary in the circumstances.

                               contents of reports

      Sec. 102. (a) Each report filed pursuant to section 101 (d) and (e)
    shall include a full and complete statement with respect to the
    following:

      (1)(A) The source, type, and amount or value of income (other than
    income referred to in subparagraph (B)) from any source (other than from
    current employment by the United States Government), and the source,
    date, and amount of honoraria from any source, received during the
    preceding calendar year, aggregating $200 or more in value and,
    effective January 1, 1991, the source, date, and amount of payments made
    to charitable organizations in lieu of honoraria, and the reporting
    individual shall simultaneously file with the applicable supervising
    ethics office, on a confidential basis, a corresponding list of
    recipients of all such payments, together with the dates and amounts of
    such payments.

      (B) The source and type of income which consists of dividends, rents,
    interest, and capital gains, received during the preceding calendar year
    which exceeds $200 in amount or value, and an indication of which of the
    following categories the amount or value of such item of income is
    within:

              (i) not more than $1,000,

              (ii) greater than $1,000 but not more than $2,500,

              (iii) greater than $2,500 but not more than $5,000,

              (iv) greater than $5,000 but not more than $15,000,

              (v) greater than $15,000 but not more than $50,000,

              (vi) greater than $50,000 but not more than $100,000,

              (vii) greater than $100,000 but not more than $1,000,000, or

              (viii) greater than $1,000,000.

    [[Page 778]]

      (2)(A) The identity of the source, a brief description, and the value
    of all gifts aggregating more than the minimal value as established by
    section 7342(a)(5) of title 5, United States Code, or $250, whichever is
    greater, received from any source other than a relative of the reporting
    individual during the preceding calendar year, except that any food,
    lodging, or entertainment received as personal hospitality of an
    individual need not be reported, and any gift with a fair market value
    of $100 or less, as adjusted at the same time and by the same percentage
    as the minimal value is adjusted, need not be aggregated for purposes of
    this subparagraph.

      (B) The identity of the source and a brief description (including a
    travel itinerary, dates, and nature of expenses provided) of
    reimbursements received from any source aggregating more than the
    minimal value as established by section 7342(a)(5) of title 5, United
    States Code, or $250, whichever is greater, and received during the
    preceding calendar year.

      (C) In an unusual case, a gift need not be aggregated under
    subparagraph (A) if a publicly available request for a waiver is
    granted.

      (3) The identity and category of value of any interest in property
    held during the preceding calendar year in a trade or business, or for
    investment or the production of income, which has a fair market value
    which exceeds $1,000 as of the close of the preceding calendar year,
    excluding any personal liability owed to the reporting individual by a
    spouse, or by a parent, brother, sister, or child of the reporting
    individual or of the reporting individual's spouse, or any deposits
    aggregating $5,000 or less in a personal savings account. For purposes
    of this paragraph, a personal savings account shall include any
    certificate of deposit or any other form of deposit in a bank, savings
    and loan association, credit union, or similar financial institution.

      (4) The identity and category of value of the total liabilities owed
    to any creditor other than a spouse, or a parent, brother, sister, or
    child of the reporting individual or of the reporting individual's
    spouse which exceed $10,000 at any time during the preceding calendar
    year, excluding--

              (A) any mortgage secured by real property which is a personal

            residence of the reporting individual or his spouse; and

              (B) any loan secured by a personal motor vehicle, household

            furniture, or appliances, which loan does not exceed the

    With respect to revolving charge accounts, only those with an
    outstanding liability which exceeds $10,000 as of the close of the
    preceding calendar year need be reported under this paragraph.
            purchase price of the item which secures it.

      (5) Except as provided in this paragraph, a brief description, the
    date, and category of value of any purchase, sale or exchange during the
    preceding calendar year exceeds $1,000--

              (A) in real property, other than property used solely as a

            personal residence of the reporting individual or his spouse; or

              (B) in stocks, bonds, commodities futures, and other forms of

    Reporting is not required under this paragraph of any transaction solely
    by and between the reporting individual, his spouse, or dependent
    children.
            securities.

    [[Page 779]]
    paragraph shall not require the reporting of positions held in any
    religious, social, fraternal, or political entity and positions solely
    of an honorary nature.
      (6)(A) The identity of all positions held on or before the date of
    filing during the current calendar year (and, for the first report filed
    by an individual, during the two-year period preceding such calendar
    year) as an officer, director, trustee, partner, proprietor,
    representative, employee, or consultant of any corporation, company,
    firm, partnership, or other business enterprise, any nonprofit
    organization, any labor organization, or any educational or other
    institution other than the United States. This sub

      (B) If any person, other than the United States Government, paid a
    nonelected reporting individual compensation in excess of $5,000 in any
    of the two calendar years prior to the calendar year during which the
    individual files his first report under this title, the individual shall
    include in the report--

              (i) the identity of each source of such compensation; and

              (ii) a brief description of the nature of the duties performed

            or services rendered by the reporting individual for each such

    The preceding sentence shall not require any individual to include in
    such report any information which is considered confidential as a result
    of a privileged relationship, established by law, between such
    individual and any person nor shall it require an individual to report
    any information with respect to any person for whom services were
    provided by any firm or association of which such individual was a
    member, partner, or employee unless such individual was directly
    involved in the provision of such services.
            source.

      (7) A description of the date, parties to, and terms of any agreement
    or arrangement with respect to (A) future employment; (B) a leave of
    absence during the period of the reporting individual's Government
    service; (C) continuation of payments by a former employer other than
    the United States Government; and (D) continuing participation in an
    employee welfare or benefit plan maintained by a former employer.

      (b)(1) Each report filed pursuant to subsections (a), (b), and (c) of
    section 101 shall include a full and complete statement with respect to
    the information required by--

              (A) paragraph (1) of subsection (a) for the year of filing and

            the preceding calendar year,

              (B) paragraphs (3) and (4) of subsection (a) as of the date

            specified in the report but which is less than thirty-one days

            before the filing date, and

              (C) paragraphs (6) and (7) of subsection (a) as of the filing

            date but for periods described in such paragraphs.

      (2)(A) In lieu of filling out one or more schedules of a financial
    disclosure form, an individual may supply the required information in an
    alternative format, pursuant to either rules adopted by the supervising
    ethics office for the branch in which such individual serves or pursuant
    to a specific written determination by such office for a reporting
    individual.

      (B) In lieu of indicating the category of amount or value of any item
    contained in any report filed under this title, a reporting individual
    may indicate the exact dollar amount of such item.

    [[Page 780]]
    part of the calendar year of filing up to the date of the termination
    of employment.
      (c) In the case of any individual described in section 101(e), any
    reference to the preceding calendar year shall be considered also to
    include that

      (d)(1) The categories for reporting the amount or value of the items
    covered in paragraphs (3), (4), and (5) of subsection (a) are as
    follows:

              (A) not more than $15,000;

              (B) greater than $15,000 but not more than $50,000;

              (C) greater than $50,000 but not more than $100,000;

              (D) greater than $100,000 but not more than $250,000;

              (E) greater than $250,000 but not more than $500,000;

              (F) greater than $500,000 but not more than $1,000,000; and

              (G) greater than $1,000,000.

      (2) For the purposes of paragraph (3) of subsection (a) if the current
    value of an interest in real property (or an interest in a real estate
    partnership) is not ascertainable without an appraisal, an individual
    may list (A) the date of purchase and the purchase price of the interest
    in the real property, or (B) the assessed value of the real property for
    tax purposes, adjusted to reflect the market value of the property used
    for the assessment if the assessed value is computed at less than 100
    percent of such market value, but such individual shall include in his
    report a full and complete description of the method used to determine
    such assessed value, instead of specifying a category of value pursuant
    to paragraph (1) of this subsection. If the current value of any other
    item required to be reported under paragraph (3) of subsection (a) is
    not ascertainable without an appraisal, such individual may list the
    book value of a corporation whose stock is not publicly traded, the net
    worth of a business partnership, the equity value of an individually
    owned business, or with respect to other holdings, any recognized
    indication of value, but such individual shall include in his report a
    full and complete description of the method used in determining such
    value. In lieu of any value referred to in the preceding sentence, an
    individual may list the assessed value of the item for tax purposes,
    adjusted to reflect the market value of the item used for the assessment
    if the assessed value is computed at less than 100 percent of such
    market value, but a full and complete description of the method used in
    determining such assessed value shall be included in the report.

      (e)(1) Except as provided in the last sentence of this paragraph, each
    report required by section 101 shall also contain information listed in
    paragraphs (1) through (5) of subsection (a) of this section respecting
    the spouse or dependent child of the reporting individual as follows:

              (A) The source of items of earned income earned by a spouse

            from any person which exceed $1,000 and the source and amount of

            any honoraria received by a spouse, except that, with respect to

            earned income (other than honoraria), if the spouse is self-

            employed in business or a profession, only the nature of such

            business or profession need be reported.

              (B) All information required to be reported in subsection

            (a)(1)(B) with respect to income derived by a spouse or

    [[Page 781]]
            dependent child from

            any asset held by the spouse or dependent child and reported pursuant

            to subsection (a)(3).

              (C) In the case of any gifts received by a spouse or dependent

            child which are not received totally independent of the

            relationship of the spouse or dependent child to the reporting

            individual, the identity of the source and a brief description

            of gifts of transportation, lodging, food, or entertainment and

            a brief description and the value of other gifts.

              (D) In the case of any reimbursements received by a spouse or

            dependent child which are not received totally independent of

            the relationship of the spouse or dependent child to the

            reporting individual, the identity of the source and a brief

            description of each such reimbursement.

              (E) In the case of items described in paragraphs (3) through

            (5) of subsection (a), all information required to be reported

            under these paragraphs other than items (i) which the reporting

            individual certifies represent the spouse's or dependent child's

            sole financial interest or responsibility and which the

            reporting individual has no knowledge of, (ii) which are not in

            any way, past or present, derived from the income, assets, or

            activities of the reporting individual, and (iii) from which the

            reporting individual neither derives, nor expects to derive, any

    Reports required by subsections (a), (b), and (c) of section 101 shall,
    with respect to the spouse and dependent child of the reporting
    individual, only contain information listed in paragraphs (1), (3), and
    (4) of subsection (a), as specified in this paragraph.
            financial or economic benefit.

      (2) No report shall be required with respect to a spouse living
    separate and apart from the reporting individual with the intention of
    terminating the marriage or providing for permanent separation; or with
    respect to any income or obligations of an individual arising from the
    dissolution of his marriage or the permanent separation from his spouse.

      (f)(1) Except as provided in paragraph (2), each reporting individual
    shall report the information required to be reported pursuant to
    subsections (a), (b), and (c) of this section with respect to the
    holdings of and the income from a trust or other financial arrangement
    from which income is received by, or with respect to which a beneficial
    interest in principal or income is held by, such individual, his spouse,
    or any dependent child.

      (2) A reporting individual need not report the holdings of or the
    source of income from any of the holdings of--

              (A) any qualified blind trust (as defined in paragraph (3));

              (B) a trust--

                      (i) which was not created directly by such individual,

                    his spouse, or any dependent child, and

                      (ii) the holdings or sources of income of which such

                    individual, his spouse, and any dependent child have no

                    knowledge of; or

    [[Page 782]]

              (C) an entity described under the provisions of paragraph (8),

            but such individual shall report the category of the amount of

            income received by him, his spouse, or any dependent child from

            the trust or other entity under subsection (a)(1)(B) of this

            section.

      (3) For purpose of this subsection, the term ``qualified blind trust''
    includes any trust in which a reporting individual, his spouse, or any
    minor or dependent child has a beneficial interest in the principal or
    income, and which meets the following requirements:

              (A)(i) The trustee of the trust and any other entity

            designated in the trust instrument to perform fiduciary duties

            is a financial institution, an attorney, a certified public

            accountant, a broker, or an investment advisor who--

                      (I) is independent of and not associated with any

                    interested party so that the trustee or other person

                    cannot be controlled or influenced in the administration

                    of the trust by any interested party; and

                      (II) is not and has not been an employee of or

                    affiliated with any interested party and is not a

                    partner of, or involved in any joint venture or other

                    investment with, any interested party; and

                      (III) is not a relative of any interested party.

                  (ii) Any officer or employee of a trustee or other entity

                who is involved in the management or control of the trust--

                      (I) is independent of and not associated with any

                    interested party so that such officer or employee cannot

                    be controlled or influenced in the administration of the

                    trust by any interested party;

                      (II) is not a partner of, or involved in any joint

                    venture or other investment with, any interested party;

                    and

                      (III) is not a relative of any interested party.

              (B) Any asset transferred to the trust by an interested party

            is free of any restriction with respect to its transfer or sale

            unless such restriction is expressly approved by the supervising

            ethics office of the reporting individual.

              (C) The trust instrument which establishes the trust provides

            that--

                      (i) except to the extent provided in subparagraph (B)

                    of this paragraph, the trustee in the exercise of his

                    authority and discretion to manage and control the

                    assets of the trust shall not consult or notify any

                    interested party;

                      (ii) the trust shall not contain any asset the holding

                    of which by an interested party is prohibited by any law

                    or regulation;

                      (iii) the trustee shall promptly notify the reporting

                    individual and his supervising ethics office when the

                    holdings of any particular asset transferred to the

    [[Page 783]]
                    trust by any interested party are

                    disposed of or when the value of such holding is less than $1,000;

                      (iv) the trust tax return shall be prepared by the

                    trustee or his designee, and such return and any

                    information relating thereto (other than the trust

                    income summarized in appropriate categories necessary to

                    complete an interested party's tax return), shall not be

                    disclosed to any interested party;

                      (v) an interested party shall not receive any report

                    on the holdings and sources of income of the trust,

                    except a report at the end of each calendar quarter with

                    respect to the total cash value of the interest of the

                    interested party in the trust or the net income or loss

                    of the trust or any reports necessary to enable the

                    interested party to complete an individual tax return

                    required by law or to provide the information required

                    by subsection (a)(1) of this section, but such report

                    shall not identify any asset or holding;

                      (vi) except for communications which solely consist of

                    requests for distributions of cash or other unspecified

                    assets of the trust, there shall be no direct or

                    indirect communication between the trustee and an

                    interested party with respect to the trust unless such

                    communication is in writing and unless it relates only

                    (I) to the general financial interest and needs of the

                    interested party (including, but not limited to, an

                    interest in maximizing income or long-term capital

                    gain), (II) to the notification of the trustee of a law

                    or regulation subsequently applicable to the reporting

                    individual which prohibits the interested party from

                    holding an asset, which notification directs that the

                    asset not be held by the trust, or (III) to directions

                    to the trustee to sell all of an asset initially placed

                    in the trust by an interested party which in the

                    determination of the reporting individual creates a

                    conflict of interest or the appearance thereof due to

                    the subsequent assumption of duties by the reporting

                    individual (but nothing herein shall require any such

                    direction); and

                      (vii) the interested parties shall make no effort to

                    obtain information with respect to the holdings of the

                    trust, including obtaining a copy of any trust tax

                    return filed or any information relating thereto except

                    as otherwise provided in this subsection.

              (D) The proposed trust instrument and the proposed trustee is

            approved by the reporting individual's supervising ethics

            office.

              (E) For purposes of this subsection, ``interested party''

            means a reporting individual, his spouse, and any minor or

            dependent child; ``broker'' has the meaning set forth in section

            3(a)(4) of the Securities and Exchange Act of 1934 (15 U.S.C.

            78c(a)(4)); and ``investment adviser'' includes any investment

            adviser who, as determined under regulations prescribed by the

    [[Page 784]]
            supervising ethics office, is generally

            involved in his role as such an adviser in the management or control of

            trusts.

              (F) Any trust qualified by a supervising ethics office before

            the effective date of title II of the Ethics Reform Act of 1989

            shall continue to be governed by the law and regulations in

            effect immediately before such effective date.

      (4)(A) An asset placed in a trust by an interested party shall be
    considered a financial interest of the reporting individual, for the
    purposes of any applicable conflict of interest statutes, regulations,
    or rules of the Federal Government (including section 208 of title 18,
    United States Code), until such time as the reporting individual is
    notified by the trustee that such asset has been disposed of, or has a
    value of less than $1,000.

      (B)(i) The provisions of subparagraph (A) shall not apply with respect
    to a trust created for the benefit of a reporting individual, or the
    spouse, dependent child, or minor child of such a person, if the
    supervising ethics office for such reporting individual finds that--

              (I) the assets placed in the trust consist of a well-

            diversified portfolio of readily marketable securities;

              (II) none of the assets consist of securities of entities

            having substantial activities in the area of the reporting

            individual's primary area of responsibility;

              (III) the trust instrument prohibits the trustee,

            notwithstanding the provisions of paragraphs (3)(C) (iii) and

            (iv) of this subsection, from making public or informing any

            interested party of the sale of any securities;

              (IV) the trustee is given power of attorney, notwithstanding

            the provisions of paragraph (3)(C)(v) of this subsection, to

            prepare on behalf of any interested party the personal income

            tax returns and similar returns which may contain information

            relating to the trust; and

              (V) except as otherwise provided in this paragraph, the trust

            instrument provides (or in the case of a trust established prior

            to the effective date of this Act which by its terms does not

            permit amendment, the trustee, the reporting individual, and any

            other interested party agree in writing) that the trust shall be

            administered in accordance with the requirements of this

            subsection and the trustee of such trust meets the requirements

            of paragraph (3)(A).

                                      * * *

      (5)(A) The reporting individual shall, within thirty days after a
    qualified blind trust is approved by his supervising ethics office, file
    with such office a copy of--

              (i) the executed trust instrument of such trust (other than

            those provisions which relate to the testamentary disposition of

            the trust assets), and

    [[Page 785]]

              (ii) a list of the assets which were transferred to such

            trust, including the category of value of each asset as

    This subparagraph shall not apply with respect to a trust meeting the
    requirements for being considered a qualified blind trust under
    paragraph (7) of this subsection.
            determined under subsection (d) of this section.

      (B) The reporting individual shall, within thirty days of transferring
    an asset (other than cash) to a previously established qualified blind
    trust, notify his supervising ethics office of the identity of each such
    asset and the category of value of each asset as determined under
    subsection (d) of this section.

      (C) Within thirty days of the dissolution of a qualified blind trust,
    a reporting individual shall--

              (i) notify his supervising ethics office of such dissolution,

            and

              (ii) file with such office a copy of a list of the assets of

            the trust at the time of such dissolution and the category of

            value under subsection (d) of this section of each such asset.

      (D) Documents filed under subparagraphs (A), (B), and (C) of this
    paragraph and the lists provided by the trustee of assets placed in the
    trust by an interested party which have been sold shall be made
    available to the public in the same manner as a report is made available
    under section 105 and the provisions of that section shall apply with
    respect to such documents and lists.

      (E) A copy of each written communication with respect to the trust
    under paragraph (3)(C)(vi) shall be filed by the person initiating the
    communication with the reporting individual's supervising ethics office
    within five days of the date of the communication.

      (6)(A) A trustee of a qualified blind trust shall not knowingly and
    willfully, or negligently, (i) disclose any information to an interested
    party with respect to such trust that may not be disclosed under
    paragraph (3) of this subsection; (ii) acquire any holding the ownership
    of which is prohibited by the trust instrument; (iii) solicit advice
    from any interested party with respect to such trust, which solicitation
    is prohibited by paragraph (3) of this subsection or the trust
    agreement; or (iv) fail to file any document required by this
    subsection.

      (B) A reporting individual shall not knowingly and willfully, or
    negligently, (i) solicit or receive any information with respect to a
    qualified blind trust of which he is an interested party that may not be
    disclosed under paragraph (3)(C) of this subsection or (ii) fail to file
    any document required by this subsection.

    [[Page 786]]

      (C)(i) The Attorney General may bring a civil action in any
    appropriate United States district court against any individual who
    knowingly and willfully violates the provisions of subparagraph (A) or
    (B) of this paragraph. The court in which such action is brought may
    assess against such individual a civil penalty in any amount not to
    exceed $10,000.

      (ii) The Attorney General may bring a civil action in any appropriate
    United States district court against any individual who negligently
    violates the provisions of subparagraph (A) or (B) of this paragraph.
    The court in which such action is brought may assess against such
    individual a civil penalty in any amount not to exceed $5,000.

      (7) Any trust may be considered to be a qualified blind trust if--

              (A) the trust instrument is amended to comply with the

            requirements of paragraph (3) or, in the case of a trust

            instrument which does not by its terms permit amendment, the

            trustee, the reporting individual, and any other interested

            party agree in writing that the trust shall be administered in

            accordance with the requirements of this subsection and the

            trustee of such trust meets the requirements of paragraph

            (3)(A); except that in the case of any interested party who is a

            dependent child, a parent or guardian of such child may execute

            the agreement referred to in this subparagraph;

              (B) a copy of the trust instrument (except testamentary

            provisions) and a copy of the agreement referred to in

            subparagraph (A), and a list of the assets held by the trust at

            the time of approval by the supervising ethics office, including

            the category of value of each asset as determined under

            subsection (d) of this section, are filed with such office and

            made available to the public as provided under paragraph (5)(D)

            of this subsection; and

              (C) the supervising ethics office determines that approval of

            the trust arrangement as a qualified blind trust is in the

            particular case appropriate to assure compliance with applicable

            laws and regulations.

      (8) A reporting individual shall not be required to report the
    financial interests held by a widely held investment fund (whether such
    fund is a mutual fund, regulated investment company, pension or deferred
    compensation plan, or other investment fund), if--

              (A)(i) the fund is publicly traded; or

              (ii) the assets of the fund are widely diversified; and

              (B) the reporting individual neither exercises control over

            nor has the ability to exercise control over the financial

            interests held by the fund.

      (g) Political campaign funds, including campaign receipts and
    expenditures, need not be included in any report filed pursuant to this
    title.

      (h) A report filed pursuant to subsection (a), (d), or (e) of section
    101 need not contain the information described in subparagraphs (A),
    (B), and (C) of subsection (a)(2) with respect to gifts and
    reimbursements received in a period when the reporting individual was
    not an officer or employee of the Federal Government.

      (i) A reporting individual shall not be required under this title to
    report--

              (1) financial interests in or income derived from--

    [[Page 787]]

                      (A) any retirement system under title 5, United States

                    Code (including the Thrift Savings Plan under subchapter

                    III of chapter 84 of such title); or

                      (B) any other retirement system maintained by the

                    United States for officers or employees of the United

                    States, including the President, or for members of the

                    uniformed services; or

              (2) benefits received under the Social Security Act.

                                filing of reports

      Sec. 103. (a) Except as otherwise provided in this section, the
    reports required under this title shall be filed by the reporting
    individual with the designated agency ethics official at the agency by
    which he is employed (or in the case of an individual described in
    section 101(e), was employed) or in which he will serve. The date any
    report is received (and the date of receipt of any supplemental report)
    shall be noted on such report by such official.

                                      * * *

      (g) Each supervising Ethics Office shall develop and make available
    forms for reporting the information required by this title.

      (h)(1) The reports required under this title shall be filed by a
    reporting individual with--

              (A)(i)(I) the Clerk of the House of Representatives, in the

            case of a Representative in Congress, a Delegate to Congress,

            the Resident Commissioner from Puerto Rico, an officer or

            employee of the Congress whose compensation is disbursed by the

            Clerk of the House of Representatives, an officer or employee of

            the Architect of the Capitol, the United States Botanic Gardens,

            the Congressional Budget Office, the Government Printing Office,

            the Library of Congress, or the Copyright Royalty Tribunal

            (including any individual terminating service, under section

            101(e), in any office or position referred to in this

            subclause), or an individual described in section 101(c) who is

            a candidate for nomination or election as a Representative in

            Congress, a Delegate to Congress, or the Resident Commissioner

            from Puerto Rico;

                                      * * *

              (ii) in the case of an officer or employee of the Congress as

            described under section 101(f)(10) who is employed by an agency

            or commission established in the legislative branch after the

            date of the enactment of the Ethics Reform Act of 1989--

                      (I) the Secretary of the Senate or the Clerk of the

                    House of Representatives, as the case may be, as

                    designated in the statute establishing such agency or

                    commission; or

                      (II) if such statute does not designate such

                    committee, the Secretary of the Senate for agencies and

    [[Page 788]]
                    commissions established in

                    even numbered calendar years, and the Clerk of the House of

                    Representatives for agencies and commissions established

                    in odd numbered calendar years;

                                      * * *

              (2) The date any report is received (and the date of receipt

            of any supplemental report) shall be noted on such report by

            such committee.

      (i) A copy of each report filed under this title by a Member or an
    individual who is a candidate for the office of Member shall be sent by
    the Clerk of the House of Representatives or Secretary of the Senate, as
    the case may be, to the appropriate State officer designated under
    section 316(a) of the Federal Election Campaign Act of 1971 of the State
    represented by the Member or in which the individual is a candidate, as
    the case may be, within the 30-day period beginning on the day the
    report is filed with the Clerk or Secretary.

      (j)(1) A copy of each report filed under this title with the Clerk of
    the House of Representatives shall be sent by the Clerk to the Committee
    on Standards of Official Conduct of the House of Representatives within
    the 7-day period beginning on the day the report is filed.

                                      * * *

      (k) In carrying out their responsibilities under this title with
    respect to candidates for office, the Clerk of the House of
    Representatives and the Secretary of the Senate shall avail themselves
    of the assistance of the Federal Election Commission. The Commission
    shall make available to the Clerk and the Secretary on a regular basis a
    complete list of names and addresses of all candidates registered with
    the Commission, and shall cooperate and coordinate its candidate
    information and notification program with the Clerk and the Secretary to
    the greatest extent possible.

                     failure to file or filing false reports

      Sec. 104. (a) The Attorney General may bring a civil action in any
    appropriate United States district court against any individual who
    knowingly and willfully falsifies or who knowingly and willfully fails
    to file or report any information that such individual is required to
    report pursuant to section 102. The court in which such action is
    brought may assess against such individual a civil penalty in any
    amount, not to exceed $10,000.

      (b) The head of each agency, each Secretary concerned, the Director of
    the Office of Government Ethics, each congressional ethics committee, or
    the Judicial Conference, as the case may be, shall refer to the Attorney
    General the name of any individual which such official or committee has
    reasonable cause to believe has willfully failed to file a report or has
    willfully falsified or willfully failed to file information required to
    be reported.

    [[Page 789]]
    committee, and the Judicial Conference of the United States, may take
    any appropriate personnel or other action in accordance with applicable
    law or regulation against any individual failing to file a report or
    falsifying or failing to report information required to be reported.
      (c) The President, the Vice President, the Secretary concerned, the
    head of each agency, the Office of Personnel Management, a congressional
    ethics

      (d)(1) Any individual who files a report required to be filed under
    this title more than 30 days after the later of--

              (A) the date such report is required to be filed pursuant to

            the provisions of this title and the rules and regulations

            promulgated thereunder; or

              (B) if a filing extension is granted to such individual under

            section 101(g), the last day of the filing extension period,

            shall, at the direction of and pursuant to regulations issued by

            the supervising ethics office, pay a filing fee of $200. All

            such fees shall be deposited in the miscellaneous receipts of

            the Treasury. The authority under this paragraph to direct the

            payment of a filing fee may be delegated by the supervising

            ethics office in the executive branch to other agencies in the

            executive branch.

      (2) The supervising ethics office may waive the filing fee under this
    subsection in extraordinary circumstances.

                     custody of and public access to reports

      Sec. 105. (a) Each agency, each supervising ethics office in the
    executive or judicial branch, the Clerk of the House of Representatives,
    and the Secretary of the Senate shall make available to the public, in
    accordance with subsection (b), each report filed under this title with
    such agency or office or with the Clerk or the Secretary of the Senate.

                                      * * *

    [[Page 790]]

      (b)(1) Except as provided in the second sentence of this subsection,
    each agency, each supervising ethics office in the executive or judicial
    branch, the Clerk of the House of Representatives, and the Secretary of
    the Senate shall, within thirty days after any report is received under
    this title by such agency or office or by the Clerk or the Secretary of
    the Senate, as the case may be, permit inspection of such report by or
    furnish a copy of such report to any person requesting such inspection
    or copy. With respect to any report required to be filed by May 15 of
    any year, such report shall be made available for public inspection
    within 30 calendar days after May 15 of such year or within 30 days of
    the date of filing of such a report for which an extension is granted
    pursuant to section 101(g). The agency, office, Clerk, or Secretary of
    the Senate, as the case may be may require a reasonable fee to be paid
    in any amount which is found necessary to recover the cost of
    reproduction or mailing of such report excluding any salary of any
    employee involved in such reproduction or mailing. A copy of such report
    may be furnished without charge or at a reduced charge if it is
    determined that waiver or reduction of the fee is in the public
    interest.

      (2) Notwithstanding paragraph (1), a report may not be made available
    under this section to any person nor may any copy thereof be provided
    under this section to any person except upon a written application by
    such person stating--

              (A) that person's name, occupation and address;

              (B) the name and address of any other person or organization

            on whose behalf the inspection or copy is requested; and

              (C) that such person is aware of the prohibitions on the

    Any such application shall be made available to the public throughout
    the period during which the report is made available to the public.
            obtaining or use of the report.

      (c)(1) It shall be unlawful for any person to obtain or use a report--

              (A) for any unlawful purpose;

              (B) for any commercial purpose, other than by news and

            communications media for dissemination to the general public;

              (C) for determining or establishing the credit rating of any

            individual; or

              (D) for use, directly or indirectly, in the solicitation of

            money for any political, charitable, or other purpose.

      (2) The Attorney General may bring a civil action against any person
    who obtains or uses a report for any purpose prohibited in paragraph (1)
    of this subsection. The court in which such action is brought may assess
    against such person a penalty in any amount not to exceed $10,000. Such
    remedy shall be in addition to any other remedy available under
    statutory or common law.

      (d) Any report filed with or transmitted to an agency or supervising
    ethics office or to the Clerk of the House of Representatives or the
    Secretary of the Senate pursuant to this title shall be retained by such
    agency or office or by the Clerk or the Secretary of the Senate, as the
    case may be. Such report shall be made available to the public for a
    period of six years after receipt of the report. After such six-year
    period the report shall be destroyed unless needed in an ongoing
    investigation, except that in the case of an individual who filed the
    report pursuant to section 101(b) and was not subsequently confirmed by
    the Senate, or who filed the report pursuant to section 101(c) and was
    not subsequently elected, such reports shall be destroyed one year after
    the individual either is no longer under consideration by the Senate or
    is no longer a candidate for nomination or election to the Office of
    President, Vice President, or as a Member of Congress, unless needed in
    an ongoing investigation.

                                review of reports

    [[Page 791]]
    only those reports required to be transmitted to him under this title
    within sixty days after the date of transmittal.
      Sec. 106. (a)(1) Each designated agency ethics official or Secretary
    concerned shall make provisions to ensure that each report filed with
    him under this title is reviewed within sixty days after the date of
    such filing, except that the Director of the Office of Government Ethics
    shall review

      (2) Each congressional ethics committee and the Judicial Conference
    shall make provisions to ensure that each report filed under this title
    is reviewed within sixty days after the date of such filing.

      (b)(1) If after reviewing any report under subsection (a), the
    Director of the Office of Government Ethics, the Secretary concerned,
    the designated agency ethics official, a person designated by the
    congressional ethics committee, or a person designated by the Judicial
    Conference, as the case may be, is of the opinion that on the basis of
    information contained in such report the individual submitting such
    report is in compliance with applicable laws and regulations, he shall
    state such opinion on the report, and shall sign such report.

      (2) If the Director of the Office of Government Ethics, the Secretary
    concerned, the designated agency ethics official, a person designated by
    the congressional ethics committee, or a person designated by the
    Judicial Conference, after reviewing any report under subsection (a)--

              (A) believes additional information is required to be

            submitted, he shall notify the individual submitting such report

            what additional information is required and the time by which it

            must be submitted, or

              (B) is of the opinion, on the basis of information submitted,

            that the individual is not in compliance with applicable laws

            and regulations, he shall notify the individual, afford a

            reasonable opportunity for a written or oral response, and after

            consideration of such response, reach an opinion as to whether

            or not, on the basis of information submitted, the individual is

            in compliance with such laws and regulations.

      (3) If the Director of the Office of Government Ethics, the Secretary
    concerned, the designated agency ethics official, a person designated by
    a congressional ethics committee, or a person designated by the Judicial
    Conference, reaches an opinion under paragraph (2)(B) that an individual
    is not in compliance with applicable laws and regulations, the official
    or committee shall notify the individual of that opinion and, after an
    opportunity for personal consultation (if practicable), determine and
    notify the individual of which steps, if any, would in the opinion of
    such official or committee be appropriate for assuring compliance with
    such laws and regulations and the date by which such steps should be
    taken. Such steps may include, as appropriate--

              (A) divestiture,

              (B) restitution,

              (C) the establishment of a blind trust,

              (D) request for an exemption under section 208(b) of title 18,

            United States Code, or

              (E) voluntary request for transfer, reassignment, limitation

    [[Page 792]]

    The use of any such steps shall be in accordance with such rules or
    regulations as the supervising ethics office may prescribe.
            of duties, or resignation.

      (4) If steps for assuring compliance with applicable laws and
    regulations are not taken by the date set under paragraph (3) by an
    individual in a position in the executive branch (other than in the
    Foreign Service or the uniformed services), appointment to which
    requires the advice and consent of the Senate, the matter shall be
    referred to the President for appropriate action.

      (5) If steps for assuring compliance with applicable laws and
    regulations are not taken by the date set under paragraph (3) by a
    member of the Foreign Service or the uniformed services, the Secretary
    concerned shall take appropriate action.

      (6) If steps for assuring compliance with applicable laws and
    regulations are not taken by the date set under paragraph (3) by any
    other officer or employee, the matter shall be referred to the head of
    the appropriate agency, the congressional ethics committee, or the
    Judicial Conference, for appropriate action; except that in the case of
    the Postmaster General or Deputy Postmaster General, the Director of the
    Office of Government Ethics shall recommend to the Governors of the
    Board of Governors of the United States Postal Service the action to be
    taken.

      (7) Each supervising ethics office may render advisory opinions
    interpreting this title within its respective jurisdiction.
    Notwithstanding any other provision of law, the individual to whom a
    public advisory opinion is rendered in accordance with this paragraph,
    and any other individual covered by this title who is involved in a fact
    situation which is indistinguishable in all material aspects, and who
    acts in good faith in accordance with the provisions and findings of
    such advisory opinion shall not, as a result of such act, be subject to
    any penalty or sanction provided by this title.

             confidential reports and other additional requirements

    [[Page 793]]
    title. Subsections (a), (b), and (d) of section 105 shall not apply
    with respect to any such report.
      Sec. 107. (a)(1) Each supervising ethics office may require officers
    and employees under its jurisdiction (including special Government
    employees as defined in section 202 of title 18, United States Code) to
    file confidential financial disclosure reports, in such form as the
    supervising ethics office may prescribe. The information required to be
    reported under this subsection by the officers and employees of any
    department or agency shall be set forth in rules or regulations
    prescribed by the supervising ethics office, and may be less extensive
    than otherwise required by this title, or more extensive when determined
    by the supervising ethics office to be necessary and appropriate in
    light of sections 202 through 209 of title 18, United States Code,
    regulations promulgated thereunder, or the authorized activities of such
    officers or employees. Any individual required to file a report pursuant
    to section 101 shall not be required to file a confidential report
    pursuant to this subsection, except with respect to information which is
    more extensive than information otherwise required by this

      (2) Any information required to be provided by an individual under
    this subsection shall be confidential and shall not be disclosed to the
    public.

      (3) Nothing in this subsection exempts any individual otherwise
    covered by the requirement to file a public financial disclosure report
    under this title from such requirement.

      (b) The provisions of this title requiring the reporting of
    information shall supersede any general requirement under any other
    provision of law or regulation with respect to the reporting of
    information required for purposes of preventing conflicts of interest or
    apparent conflicts of interest. Such provisions of this title shall not
    supersede the requirements of section 7342 of title 5, United States
    Code.

      (c) Nothing in this Act requiring reporting of information shall be
    deemed to authorize the receipt of income, gifts, or reimbursements; the
    holding of assets, liabilities, or positions; or the participation in
    transactions that are prohibited by law, Executive order, rule, or
    regulation.

                        authority of comptroller general

      Sec. 108. (a) The Comptroller General shall have access to financial
    disclosure reports filed under this title for the purposes of carrying
    out his statutory responsibilities.

      (b) No later than December 31, 1992, and regularly thereafter, the
    Comptroller General shall conduct a study to determine whether the
    provisions of this title are being carried out effectively.

                                   definitions

      Sec. 109. For the purposes of this title, the term--

      (1) ``congressional ethics committees'' means the Select Committee on
    Ethics of the Senate and the Committee on Standards of Official Conduct
    of the House of Representatives;

      (2) ``dependent child'' means, when used with respect to any reporting
    individual, any individual who is a son, daughter, stepson, or
    stepdaughter and who--

              (A) is unmarried and under age 21 and is living in the

            household of such reporting individual; or

              (B) is a dependent of such reporting individual within the

            meaning of section 152 of the Internal Revenue Code of 1986;

      (3) ``designated agency ethics official'' means an officer or employee
    who is designated to administer the provisions of this title within an
    agency;

                                      * * *

    [[Page 794]]

      (5) ``gift'' means a payment, advance, forbearance, rendering, or
    deposit of money, or any thing of value, unless consideration of equal
    or greater value is received by the donor, but does not include--

              (A) bequest and other forms of inheritance;

              (B) suitable mementos of a function honoring the reporting

            individual;

              (C) food, lodging, transportation, and entertainment provided

            by a foreign government within a foreign country or by the

            United States Government, the District of Columbia, or a State

            or local government or political subdivision thereof;

              (D) food and beverages which are not consumed in connection

            with a gift of overnight lodging;

              (E) communications to the offices of a reporting individual,

            including subscriptions to newspapers and periodicals; or

              (F) consumable products provided by home-State businesses to

            the offices of a reporting individual who is an elected

            official, if those products are intended for consumption by

            persons other than such reporting individual;

      (6) ``honoraria'' has the meaning given such term in section 505 of
    this Act;

      (7) ``income'' means all income from whatever source derived,
    including but not limited to the following items: compensation for
    services, including fees, commissions, and similar items; gross income
    derived from business (and net income if the individual elects to
    include it); gains derived from dealings in property; interest; rents;
    royalties; dividends; annuities; income from life insurance and
    endowment contracts; pensions; income from discharge of indebtedness;
    distributive share of partnership income; and income from an interest in
    an estate or trust;

                                      * * *

      (11) ``legislative branch'' includes--

              (A) the Architect of the Capitol;

              (B) the Botanic Gardens;

              (C) the Congressional Budget Office;

              (D) the General Accounting Office;

              (E) the Government Printing Office;

              (F) the Library of Congress;

              (G) the United States Capitol Police;

              (H) the Office of Technology Assessment; and

              (I) any other agency, entity, office, or commission

            established in the legislative branch;

      (12) ``Member of Congress'' means a United States Senator, a
    Representative in Congress, a Delegate to Congress, or the Resident
    Commissioner from Puerto Rico;

      (13) ``officer or employee of the Congress'' means--

              (A) any individual described under subparagraph (B), other

            than a Member of Congress or the Vice President, whose

            compensation is disbursed by the Secretary of the Senate or the

            Clerk of the House of Representatives;

    [[Page 795]]

              (B)(i) each officer or employee of the legislative branch who,

            for at least 60 days, occupies a position for which the rate of

            basic pay is equal to or greater than 120 percent of the minimum

            rate of basic pay payable for GS-15 of the General Schedule; and

              (ii) at least one principal assistant designated for purposes

            of this paragraph by each Member who does not have an employee

            who occupies a position for which the rate of basic pay is equal

            to or greater than 120 percent of the minimum rate of basic pay

            payable for GS-15 of the General Schedule;

      (14) ``personal hospitality of any individual'' means hospitality
    extended for a nonbusiness purpose by an individual, not a corporation
    or organization, at the personal residence of that individual or his
    family or on property or facilities owned by that individual or his
    family;

      (15) ``reimbursement'' means any payment or other thing of value
    received by the reporting individual, other than gifts, to cover travel-
    related expenses of such individual other than those which are--

              (A) provided by the United States Government, the District of

            Columbia, or a State or local government or political

            subdivision thereof;

              (B) required to be reported by the reporting individual under

            section 7342 of title 5, United States Code; or

              (C) required to be reported under section 304 of the Federal

            Election Campaign Act of 1971 (2 U.S.C. 434);

      (16) ``relative'' means an individual who is related to the reporting
    individual, as father, mother, son, daughter, brother, sister, uncle,
    aunt, great aunt, great uncle, first cousin, nephew, niece, husband,
    wife, grandfather, grandmother, grandson, granddaughter, father-in-law,
    mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-
    law, stepfather, stepmother, stepson, stepdaughter, stepbrother,
    stepsister, half brother, half sister, or who is the grandfather or
    grandmother of the spouse of the reporting individual, and shall be
    deemed to include the fiance or fiancee of the reporting individual;

                                      * * *

      (18) ``supervising ethics office'' means--

              (A) the Senate Committee on Ethics of the Senate, for

            Senators, officers and employees of the Senate, and other

            officers or employees of the legislative branch required to file

            financial disclosure reports with the Secretary of the Senate

            pursuant to section 103(h) of this title;

              (B) the Committee on Standards of Official Conduct of the

            House of Representatives, for Members, officers and employees of

            the House of Representatives and other officers or employees of

            the legislative branch required to file financial disclosure

            reports with the Clerk of the House of Representatives pursuant

            to section 103(h) of this title;

    [[Page 796]]

              (C) the Judicial Conference for judicial officers and judicial

            employees; and

              (D) the Office of Government Ethics for all executive branch

            officers and employees; and

      (19) ``value'' means a good faith estimate of the dollar value if the
    exact value is neither known nor easily obtainable by the reporting
    individual.

            notice of actions taken to comply with ethics agreements

      Sec. 110. (a) In any case in which an individual agrees with that
    individual's designated agency ethics official, the Office of Government
    Ethics, a Senate confirmation committee, a congressional ethics
    committee, or the Judicial Conference, to take any action to comply with
    this Act of any other law or regulation governing conflicts of interest
    of, or establishing standards of conduct applicable with respect to,
    officers or employees of the Government, that individual shall notify in
    writing the designated agency ethics official, the Office of Government
    Ethics, the appropriate committee of the Senate, the congressional
    ethics committee, or the Judicial Conference, as the case may be, of any
    action taken by the individual pursuant to that agreement. Such
    notification shall be made not later than the date specified in the
    agreement by which action by the individual must be taken, or not later
    than three months after the date of the agreement, if no date for action
    is so specified.

      (b) If an agreement described in subsection (a) requires that the
    individual recuse himself or herself from particular categories of
    agency or other official action, the individual shall reduce to writing
    those subjects regarding which the recusal agreement will apply and the
    process by which it will be determined whether the individual must
    recuse himself or herself in a specific instance. An individual shall be
    considered to have complied with the requirements of subsection (a) with
    respect to such recusal agreement if such individual files a copy of the
    document setting forth the information described in the preceding
    sentence with such individual's designated agency ethics official or the
    appropriate supervising ethics office within the time prescribed in the
    last sentence of subsection (a).

                          administration of provisions

      Sec. 111. The provisions of this title shall be administered by * * *

                                      * * *

      (2) the Select Committee on Ethics of the Senate and the Committee on
    Standards of Official Conduct of the House of Representatives, as
    appropriate, with regard to officers and employees described in
    paragraphs (9) and (10) of section 101(f).

    [House Rules Manual -- House Document No. 103-342]
    [Page 797-798]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-129]

    [[Page 797]]

                                     * * *

                                    Rule XLV.

                   PROHIBITION OF UNOFFICIAL OFFICE ACCOUNTS.

      1. No Member may maintain or have maintained for his use an unofficial
    office account.

    Sec. 941.

      2. After the  date of adoption of this rule, no
    funds may be paid into any unofficial office account.

      3. Notwithstanding any other provision of this rule, if an amount from
    the Official Expenses Allowance of a Member is paid into the House
    Recording Studio revolving fund for telecommunications satellite
    services, the Member may accept reimbursement from non-political
    entities in that amount for transmission to the Clerk of the House of
    Representatives for credit to the Official Expenses Allowance.

      4. For purposes of this rule--

      (a) the term ``unofficial office account'' means an account or
    repository into which funds are received for the purpose of defraying
    otherwise unreimbursed expenses allowable under section 162(a) of the
    Internal Revenue Code of 1954 as ordinary and necessary in the operation
    of a congressional office, and includes any newsletter fund referred to
    in section 527(g) of the Internal Revenue Code of 1954; and

      (b) the term ``Member'' means any Member of, Delegate to, or Resident
    Commissioner in, the House of Representatives.

    [[Page 798]]
    charges attributable to nonpolitical organizations receiving the
    transmissions (H. Res. 5, Jan. 3, 1991, p. ----).
      This rule was adopted in the 95th Congress (H. Res. 287, Mar. 2, 1977,
    pp. 5933-53). It was amended in the 102d Congress to permit Members to
    receive reimbursements to their expense allowances for recording studio

    [House Rules Manual -- House Document No. 103-342]
    [Page 798-800]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-130]

      For an in depth discussion of this rule prepared by the Committee on
    Standards of Official Conduct, see the House Ethics Manual (102d Cong.,
    2d Sess.).

                                   Rule XLVI.

                      LIMITATIONS ON THE USE OF THE FRANK.

    Sec. 942.

      1. Any  franked mail which is mailed by a Member
    under section 3210(d) of title 39, United States Code, shall be mailed
    at the equivalent rate of postage which assures that such mail will be
    sent by the most economical means practicable.

      2. A Member shall, before making any mass mailing, submit a sample or
    description of the mail matter involved to the House Commission on
    Congressional Mailing Standards for an advisory opinion as to whether
    such proposed mailing is in compliance with applicable provisions of
    law, rule, or regulation.

      3. Any mass mailing which otherwise is frankable by a Member under the
    provisions of section 3210(e) of title 39, United States Code, shall not
    be frankable unless the cost of preparing and printing such mass mailing
    is defrayed exclusively from funds made available in any appropriations
    Act.

      4. A Member may not send any mass mailing outside the congressional
    district from which the Member was elected.

    [[Page 799]]
    statewide public office, any mass mailing shall not be frankable under
    section 3210 of title 39, United States Code, when the same is delivered
    to any address which is not located in the area constituting the
    congressional district from which any such individual was elected.
      5. In the case of any Representative in the House of Representatives,
    other than a Representative at Large, who is a candidate for any

      6. In the case of any Member, any mass mailing shall not be frankable
    under section 3210 of title 39, United States Code, when the same is
    postmarked less than sixty days immediately before the date of any
    primary or general election (whether regular, special, or runoff) in
    which such Member is a candidate for public office. If mail matter is of
    a type which is not customarily postmarked, the date on which such
    matter would have been postmarked if it were of a type customarily
    postmarked shall apply.

      7. For purposes of this rule--

      (a) The term ``mass mailing'' means, with respect to a session in
    Congress, any mailing of newsletters or other pieces of mail with
    substantially identical content (whether such mail is deposited singly
    or in bulk, or at the same time or different times), totaling more than
    500 pieces in that session, except that such term does not include any
    mailing--

              (1) of matter in direct response to a communication from a
    person to whom the matter is mailed;

    [[Page 800]]

              (2) from a Member to other Members of Congress, or to Federal,
    State, or local government officials; or

              (3) of a news release to the communications media.

      (b) The term ``Member'' means any Member of the House of
    Representatives, a Delegate to the House of Representatives, or the
    Resident Commissioner in the House of Representatives.

      (c) The term ``Members of Congress'' means Senators and
    Representatives in, and Delegates and Resident Commissioners to, the
    Congress.

      This rule was adopted in the 95th Congress (H. Res. 287, Mar. 2, 1977,
    pp. 5933-53). In the 102d Congress it was extensively amended to conform
    to restrictions on franking and mass mailings included in the
    legislative branch appropriations acts for fiscal years 1990 and 1991
    (P.L. 101-163 and 101-520, respectively) (H. Res. 5, Jan. 3, 1991, p. --
    --). Clause 4 was rewritten in the 103d Congress to conform to the
    statutory prohibition against mass mailings outside the congressional
    district from which a Member was elected.

    [House Rules Manual -- House Document No. 103-342]
    [Page 800-806]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-131]

      For an indepth discussion of this rule prepared by the Committee on
    Standards of Official Conduct, see the House Ethics Manual (102d Cong.,
    2d Sess.).

                                   Rule XLVII.

              LIMITATIONS ON OUTSIDE EMPLOYMENT AND EARNED INCOME.

    Sec. 943a. Income Limitations.

      1. (a)(1) Except  as provided
    by subparagraph (2), in calendar year 1991 or thereafter, a Member or an
    officer or employee of the House may not--

              (A) have outside earned income attributable to such calendar
    year which exceeds 15 percent of the annual rate of basic pay for level
    II of the Executive Schedule under section 5313 of title 5, United
    States Code, as of January 1 of such calendar year; or

              (B) receive any honorarium.

    [[Page 801]]

      (2) In the case of any individual who becomes a Member or an officer
    or employee of the House during calendar year 1991 or thereafter, such
    individual may not have outside earned income attributable to the
    portion of that calendar year which occurs after such individual becomes
    a Member, officer or employee which exceeds 15 percent of the annual
    rate of basic pay for level II of the Executive Schedule under section
    5313 of title 5, United States Code, as of January 1 of such calendar
    year multiplied by a fraction the numerator of which is the number of
    days such individual is a Member, officer, or employee during such
    calendar year and the denominator of which is 365.

      (3) In calendar year 1991 or thereafter, any payment in lieu of an
    honorarium which is made to a charitable organization on behalf of a
    Member, officer or employee of the House may not be received by such
    individual. No such payment shall exceed $2,000 or be made to a
    charitable organization from which such individual or a parent, sibling,
    spouse, child, or dependent relative of such individual derives any
    financial benefit.

    [[Page 802]]

      (b)(1) Except as provided by subparagraph (2), in calendar year 1990,
    a Member may not have outside earned income (including honoraria
    received in such calendar year) attributable to such calendar year which
    exceeds 30 percent of the annual pay as a Member to which the Member was
    entitled in 1989.

      (2) In the case of any individual who becomes a Member during calendar
    year 1990, such individual may not have outside earned income (including
    honoraria) attributable to the portion of that calendar year which
    occurs after such individual becomes a Member which exceeds 30 percent
    of $89,500 multiplied by a fraction the numerator of which is the number
    of days such individual is a Member during such calendar year and the
    denominator of which is 365.

      2. On or after January 1, 1991, a Member or an officer or employee of
    the House shall not--

              (1) receive compensation for affiliating with or being
    employed by a firm, partnership, association, corporation, or other
    entity which provides professional services involving a fiduciary
    relationship;

              (2) permit that Member's, officer's, or employee's name to be
    used by any such firm, partnership, association, corporation, or other
    entity;

              (3) receive compensation for practicing a profession which
    involves a fiduciary relationship;

              (4) serve for compensation as an officer or member of the
    board of any association, corporation, or other entity; or

              (5) receive compensation for teaching, without the prior
    notification and approval of the Committee on Standards of Official
    Conduct.

    [[Page 803]]

      3. For the purposes of this rule--

              (a) The term ``Member'' means any Member of the House of
    Representatives, a Delegate to the House of Representatives, or the
    Resident Commissioner in the House of Representatives.

              (b)(1) Except as provided by paragraph (2), the term ``officer
    or employee of the House'' means any individual (other than a Member)
    whose pay is disbursed by the Clerk and who is paid at a rate equal to
    or greater than the annual rate of basic pay in effect for grade GS-16
    of the General Schedule under section 5332 of title 5, United States
    Code, and so employed for more than 90 days in a calendar year.

              (2) When used with respect to honoraria, the term ``officer or
    employee of the House'' means any individual (other than a Member) whose
    salary is disbursed by the Clerk.

      (c) The term ``honorarium'' means a payment of money or any thing of
    value for an appearance, speech, or article by a Member or an officer or
    employee of the House, excluding any actual and necessary travel
    expenses incurred by such individual (and one relative) to the extent
    that such expenses are paid or reimbursed by any other person, and the
    amount otherwise determined shall be reduced by the amount of any such
    expenses to the extent that such expenses are not paid or reimbursed.

    [[Page 804]]
    the cost of transportation, and the cost of lodging and meals while
    away from his or her residence or principal place of employment.
      (d) The term ``travel expenses'' means, with respect to a Member or an
    officer or employee of the House, or a relative of any such individual,

      (e) The term ``outside earned income'' means, with respect to a
    Member, officer or employee, wages, salaries, fees, and other amounts
    received or to be received as compensation for personal services
    actually rendered but does not include--

              (1) the salary of such individual as a Member, officer or
    employee;

              (2) any compensation derived by such individual for personal
    services actually rendered prior to the effective date of this rule or
    becoming such a Member, officer or employee, whichever occurs later;

              (3) any amount paid by, or on behalf of, a Member, officer or
    employee, to a tax-qualified pension, profit-sharing, or stock bonus
    plan and received by such individual from such a plan;

    [[Page 805]]

              (4) in the case of a Member, officer or employee engaged in a
    trade or business in which the individual or his family holds a
    controlling interest and in which both personal services and capital are
    income-producing factors, any amount received by such individual so long
    as the personal services actually rendered by the individual in the
    trade or business do not generate a significant amount of income; and

              (5) copyright royalties received from established publishers
    pursuant to usual and customary contractual terms.
    Outside earned income shall be determined without regard to any
    community property law.

      (f) The term ``charitable organization'' means an organization
    described in section 170(c) of the Internal Revenue Code of 1986.

      The rule on outside earned income was adopted in the 95th Congress (H.
    Res. 287, Mar. 2, 1977, pp. 5933-53). It was amended for the first time
    in the 96th Congress to increase the limit on a single honorarium from
    $750 to $1000 (H. Res. 5, Jan. 15, 1979, pp. 7-16). The rule was amended
    further in the 97th Congress to (1) increase the limitation on outside
    earned income for a calendar year from 15 to 30 percent of a Member's
    salary; (2) strike the $1000 limitation on a single honorarium; and (3)
    provide that honoraria shall be attributable to the calendar year in
    which payment is received, effective January 1, 1981 (H. Res. 305, Dec.
    15, 1981, p. 31529). In the 99th Congress, paragraphs (a) and (b) were
    amended to delete the 30 percent of aggregate salary limitation on
    outside earned income and to conform the limitation to that contained in
    law (2 U.S.C. 31-1 provides that a Member of Congress may not accept
    honoraria in excess of 40 percent of his aggregate salary) (H. Res. 427,
    Apr. 22, 1986, p. 8328). The next day, the House adopted a resolution
    vacating the proceedings by which that resolution had been adopted and
    laying that resolution on the table (H. Res. 432, Apr. 23, 1986, p.
    8474). The Ethics Reform Act of 1989: (1) amended the title of the rule;
    (2) amended clause 1 to effect for 1991 and future years the elimination
    of honoraria not assigned to charity and closer restrictions on outside
    earned income (including limitation to 15 percent of Executive Level II
    pay); (3) amended clause 2 to effect for 1991 and future years new
    limits on outside employment; and (4) amended clause 3 to revise certain
    definitions (P.L. 101-194, Nov. 30, 1989). In the 102d Congress clause 2
    was further amended to specify that the ban on affiliation with a firm
    applies only if compensation is received and only with respect to a
    professional services firm, and clause 3 was further amended to specify
    the applicability of outside earned income restrictions to officers and
    employees of the House (H. Res. 5, Jan. 3, 1991, p. ----).

      For an in depth discussion of this rule prepared by the Committee on
    Standards of Official Conduct, see the House Ethics Manual (102d Cong.,
    2d Sess.).

    [[Page 806]]
    pointed Federal employee who accepts an honorarium of more than $2000
    per speech. A statutory ceiling of $25,000 from honoraria in a calendar
    year was repealed in 1981 (P.L. 97-51, Oct. 1, 1981). The Senate
    repealed its rule on outside earned income in the 97th Congress (S. Res.
    512, Dec. 14, 1982, p. 30640).
      Before its coverage was restricted to the Senate in the Ethics Reform
    Act of 1989 (sec. 601(b), P.L. 101-194, Nov. 30, 1989), a separate
    provision of law (2 U.S.C. 441i) provided criminal penalties for any
    elected or ap

      For provisions of the federal criminal code restricting postemployment
    activities, see 18 U.S.C. 207, which was originally enacted in title V
    of the Ethics in Government Act of 1978 (P.L. 95-521) and most recently
    amended in the Ethics Reform Act of 1989 (P.L. 101-194, Nov. 30, 1989)
    and a related technical corrections Act (P.L. 101-280, May 4, 1990).

    [House Rules Manual -- House Document No. 103-342]
    [Page 806-820]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-132]

    Sec. 943b. Former Select Committee on
    Ethics.

      The House  established in the 95th Congress a Select Committee on Ethics
    to ``consider and report to the House on any bills or resolutions which
    may include provisions incorporating into permanent law applicable
    provisions and appropriate modifications of rule XLIII, rule XLIV, rule
    XLV, rule XLVI, and rule XLVII which may be referred to the select
    committee by the Speaker.'' The select committee was given exclusive
    jurisdiction over the bills and resolutions referred to it, and
    jurisdiction to adopt regulations and to issue advisory opinions
    respecting the application of those rules. The resolution creating that
    committee (H. Res. 383, Mar. 9, 1977, pp. 6811-16) provided that it
    expire on December 31, 1977, but the committee and its functions
    ultimately were extended through the ``completion of its official
    business'' (H. Res. 871, Oct. 31, 1977, p. 35957). The advisory opinions
    compiled by the former Select Committee on Ethics have been incorporated
    in the House Ethics Manual (102d Cong., 2d Sess.) prepared by the
    Committee on Standards of Official Conduct.

                                  Rule XLVIII.

                   PERMANENT SELECT COMMITTEE ON INTELLIGENCE.

    Sec. 944a. Permanent Select Committee on
    Intelligence.

      1. (a) There is  hereby established a permanent select committee to be
    known as the Permanent Select Committee on Intelligence (hereinafter in
    this rule referred to as the ``select committee''). The select committee
    shall be composed of not more than sixteen Members, of whom not more
    than nine may be from the same party. The select committee shall include
    at least one Member from:

              (1) the Committee on Appropriations;

    [[Page 807]]

              (2) the Committee on National Security;

              (3) the Committee on International Relations; and

              (4) the Committee on the Judiciary.

      (b)(1) The Speaker of the House and the minority leader of the House
    shall be ex officio members of the select committee, but shall have no
    vote in the committee and shall not be counted for purposes of
    determining a quorum.

              (2) The Speaker and minority leader each may designate a
    member of their leadership staff to assist them in their capacity as ex
    officio members, with the same access to committee meetings, hearings,
    briefings, and materials as if employees of the select committee, and
    subject to the same security clearance and confidentiality requirements
    as employees of the select committee under this rule.

    [[Page 808]]

      (c) No Member of the House other than the Speaker and the minority
    leader may serve on the select committee during more than four
    Congresses in any period of six successive Congresses (disregarding for
    this purpose any service for less than a full session in any Congress),
    except that the incumbent chairman or ranking minority member having
    served on the select committee for four Congresses and having served as
    chairman or ranking minority member for not more than one Congress shall
    be eligible for reappointment to the select committee as chairman or
    ranking minority member for one additional Congress.

      2. (a) There shall be referred to the select committee all proposed
    legislation, messages, petitions, memorials, and other matters relating
    to the following:

              (1) The Central Intelligence Agency and Director of Central
    Intelligence, and the National Foreign Intelligence Program as defined
    in section 3(6) of the National Security Act of 1947.

              (2) Intelligence and intelligence-related activities of all
    other departments and agencies of the Government, including, but not
    limited to, the tactical intelligence and intelligence-related
    activities of the Department of Defense.

              (3) The organization or reorganization of any department or
    agency of the Government to the extent that the organization or
    reorganization relates to a function or activity involving intelligence
    or intelligence-related activities.

              (4) Authorizations for appropriations, both direct and
    indirect, for the following:

                      (A) The Central Intelligence Agency, Director of
    Central Intelligence, and the National Foreign Intelligence Program as
    defined in section 3(6) of the National Security Act of 1947.

    [[Page 809]]
    ligence and intelligence-related activities of the Department of
    Defense.
                      (B) Intelligence and intelligence-related activities
    of all other departments and agencies of the Government, including, but
    not limited to, the tactical intel

                      (C) Any department, agency, or subdivision, or program
    that is a successor to any agency or program named or referred to in
    subdivision (A) or (B).

      (b) Any proposed legislation initially reported by the select
    committee, except any legislation involving matters specified in
    subparagraph (1) or (4) (A) of paragraph (a), containing any matter
    otherwise within the jurisdiction of any standing committee shall, at
    the request of the chairman of such standing committee, be referred to
    such standing committee by the Speaker for its consideration of such
    matter and be reported to the House by such standing committee within
    the time prescribed by the Speaker in the referral; and any proposed
    legislation initially reported by any committee, other than the select
    committee, which contains any matter within the jurisdiction of the
    select committee shall, at the request of the chairman of the select
    committee, be referred by the Speaker to the select committee for its
    consideration of such matter and be reported to the House within the
    time prescribed by the Speaker in the referral.

    [[Page 810]]

      (c) Nothing in this rule shall be construed as prohibiting or
    otherwise restricting the authority of any other committee to study and
    review any intelligence or intelligence-related activity to the extent
    that such activity directly affects a matter otherwise within the
    jurisdiction of such committee.

      (d) Nothing in the rule shall be construed as amending, limiting, or
    otherwise changing the authority of any standing committee of the House
    to obtain full and prompt access to the product of the intelligence and
    intelligence-related activities of any department or agency of the
    Government relevant to a matter otherwise within the jurisdiction of
    such committee.

      3. (a) The select committee, for the purposes of accountability to the
    House, shall make regular and periodic reports to the House on the
    nature and the extent of the intelligence and intelligence-related
    activities of the various departments and agencies of the United States.
    Such committee shall promptly call to the attention of the House or to
    any other appropriate committee or committees of the House any matters
    requiring the attention of the House or such other committee or
    committees. In making such reports, the select committee shall proceed
    in a manner consistent with clause 7 to protect national security.

    [[Page 811]]
    lic at the discretion of the select committee. Nothing herein shall be
    construed as requiring the public disclosure in such reports of the
    names of individuals engaged in intelligence or intelligence-related
    activities for the United States or the divulging of intelligence
    methods employed or the sources of information on which such reports are
    based or the amount of funds authorized to be appropriated for
    intelligence and intelligence-related activities.
      (b) The select committee shall obtain an annual report from the
    Director of the Central Intelligence Agency, the Secretary of Defense,
    the Secretary of State, and the Director of the Federal Bureau of
    Investigation. Such reports shall review the intelligence and
    intelligence-related activities of the agency or department concerned
    and the intelligence and intelligence-related activities of foreign
    countries directed at the United States or its interest. An unclassified
    version of each report may be made available to the pub

      (c) On or before March 15 of each year, the select committee shall
    submit to the Committee on the Budget of the House the views and
    estimates described in section 301(c) of the Congressional Budget Act of
    1974 regarding matters within the jurisdiction of the select committee.

      4. To the extent not inconsistent with the provisions of this rule,
    the provisions of clauses 1, 2, 3, and 5(a), (b), (c) and (6)(a), (b),
    (c) of rule XI shall apply to the select committee, except that,
    notwithstanding the requirements of the first sentence of clause 2(g)(2)
    of rule XI, a majority of those present, there being in attendance the
    requisite number required under the rules of the select committee to be
    present for the purpose of taking testimony or receiving evidence, may
    vote to close a hearing whenever the majority determines that such
    testimony or evidence would endanger the national security.

    [[Page 812]]
    formation by such committee unless such employee or person has (1)
    agreed in writing and under oath to be bound by the rules of the House
    (including the jurisdiction of the Committee on Standards of Official
    Conduct and of the select committee as to the security of such
    information during and after the period of his employment or contractual
    agreement with such committee); and (2) received an appropriate security
    clearance as determined by such committee in consultation with the
    Director of Central Intelligence. The type of security clearance to be
    required in the case of any such employee or person shall, within the
    determination of such committee in consultation with the Director of
    Central Intelligence, be commensurate with the sensitivity of the
    classified information to which such employee or person will be given
    access by such committee.
      5. No employee of the select committee or any person engaged by
    contract or otherwise to perform services for or at the request of such
    committee shall be given access to any classified in

    [[Page 813]]

      6. The select committee shall formulate and carry out such rules and
    procedures as it deems necessary to prevent the disclosure, without the
    consent of the person or persons concerned, of information in the
    possession of such committee which unduly infringes upon the privacy or
    which violates the constitutional rights of such person or persons.
    Nothing herein shall be construed to prevent such committee from
    publicly disclosing any such information in any case in which such
    committee determines that national interest in the disclosure of such
    information clearly outweighs any infringement on the privacy of any
    person or persons.

      7. (a) The select committee may, subject to the provisions of this
    clause, disclose publicly any information in the possession of such
    committee after a determination by such committee that the public
    interest would be served by such disclosure. Whenever committee action
    is required to disclose any information under this clause, the committee
    shall meet to vote on the matter within five days after any member of
    the committee requests such a vote. No member of the select committee
    shall disclose any information, the disclosure of which requires a
    committee vote, prior to a vote by the committee on the question of the
    disclosure of such information or after such vote except in accordance
    with this clause.

      (b)(1) In any case in which the select committee votes to disclose
    publicly any information which has been classified under established
    security procedures, which has been submitted to it by the executive
    branch, and which the executive branch requests be kept secret, such
    committee shall notify the President of such vote.

    [[Page 814]]
    such disclosure is of such gravity that it outweighs any public
    interest in the disclosure.
      (2) The select committee may disclose publicly such information after
    the expiration of a five-day period following the day on which notice of
    such vote is transmitted to the President, unless, prior to the
    expiration of such five-day period, the President, personally in
    writing, notifies the committee that he objects to the disclosure of
    such information, provides his reasons therefor, and certifies that the
    threat to the national interest of the United States posed by

      (3) If the President, personally, in writing, notifies the select
    committee of his objections to the disclosure of such information as
    provided in subparagraph (2), such committee may, by majority vote,
    refer the question of this disclosure of such information with a
    recommendation thereon to the House for consideration. The committee
    shall not publicly disclose such information without leave of the House.

      (4) Whenever the select committee votes to refer the question of
    disclosure of any information to the House under subparagraph (3), the
    chairman shall, not later than the first day on which the House is in
    session following the day on which the vote occurs, report the matter to
    the House for its consideration.

      (5) If within four calendar days on which the House is in session,
    after such recommendation is reported, no motion has been made by the
    chairman of the select committee to consider, in closed session, the
    matter reported under subparagraph (4), then such a motion will be
    deemed privileged and may be made by any Member. The motion under this
    subparagraph shall not be subject to debate or amendment. When made, it
    shall be decided without intervening motion, except one motion to
    adjourn.

    [[Page 815]]
    the pending question, in closed session, shall be, ``Shall the House
    approve the recommendation of the select committee?''.
      (6) If the House adopts a motion to resolve into closed session, the
    Speaker shall then be authorized to declare a recess subject to the call
    of the Chair. At the expiration of such recess,

      (7) After not more than two hours of debate on the motion, such debate
    to be equally divided and controlled by the chairman and ranking
    minority member of the select committee, or their designees, the
    previous question shall be considered as ordered and the House, without
    intervening motion except one motion to adjourn, shall immediately vote
    on the question, in open session but without divulging the information
    with respect to which the vote is being taken. If the recommendation of
    the select committee is not agreed to, the question shall be deemed
    recommitted to the select committee for further recommendation.

      (c)(1) No information in the possession of the select committee
    relating to the lawful intelligence or intelligence-related activities
    of any department or agency of the United States which has been
    classified under established security procedures and which the select
    committee, pursuant to paragraphs (a) or (b) of this clause, has
    determined should not be disclosed shall be made available to any person
    by a Member, officer, or employee of the House except as provided in
    subparagraphs (2) and (3).

    [[Page 816]]
    Member of the House to attend any hearing of the committee which is
    closed to the public. Whenever the select committee makes such
    information available (other than to the Speaker), the committee shall
    keep a written record showing, in the case of any particular
    information, which committee or which Members of the House received such
    information. No Member of the House who, and no committee which,
    receives any information under this subparagraph, shall disclose such
    information except in a closed session of the House.
      (2) The select committee shall, under such regulations as the
    committee shall prescribe, make any information described in
    subparagraph (1) available to any other committee or any other Member of
    the House and permit any other

      (d) The Committee on Standards of Official Conduct shall investigate
    any unauthorized disclosure of intelligence or intelligence-related
    information by a Member, officer, or employee of the House in violation
    of paragraph (c) and report to the House concerning any allegation which
    it finds to be substantiated.

    [[Page 817]]
    a Member, or removal from office or employment or punishment for
    contempt, in the case of an officer or employee.
      (e) Upon the request of any person who is subject to any such
    investigation, the Committee on Standards of Official Conduct shall
    release to such individual at the conclusion of its investigation a
    summary of its investigation, together with its findings. If, at the
    conclusion of its investigation, the Committee on Standards of Official
    Conduct determines that there has been a significant breach of
    confidentiality or unauthorized disclosure by a Member, officer, or
    employee of the House, it shall report its findings to the House and
    recommend appropriate action such as censure, removal from committee
    membership, or expulsion from the House, in the case of

      8. The select committee is authorized to permit any personal
    representative of the President, designated by the President to serve as
    a liaison to such committee, to attend any closed meeting of such
    committee.

      9. Subject to the rules of the House, no funds shall be appropriated
    for any fiscal year, with the exception of a continuing bill or
    resolution continuing appropriations, or amendment thereto, or
    conference report thereon, to, or for use of, any department or agency
    of the United States to carry out any of the following activities,
    unless such funds shall have been previously authorized by a bill or
    joint resolution passed by the House during the same or preceding fiscal
    year to carry out such activity for such fiscal year:

              (a) The activities of the Central Intelligence Agency and the
    Director of Central Intelligence.

              (b) The activities of the Defense Intelligence Agency.

              (c) The activities of the National Security Agency.

              (d) The intelligence and intelligence related activities of
    other agencies and subdivisions of the Department of Defense.

    [[Page 818]]

              (e) The intelligence and intelligence-related activities of
    the Department of State.

              (f) The intelligence and intelligence-related activities of
    the Federal Bureau of Investigation, including all activities of the
    Intelligence Division.

      10. (a) As used in this rule, the term ``intelligence and
    intelligence-related activities'' includes (1) the collection, analysis,
    production, dissemination, or use of information which relates to any
    foreign country, or any government, political group, party, military
    force, movement or other association in such foreign country, and which
    relates to the defense, foreign policy, national security, or related
    policies of the United States, and other activity which is in support of
    such activities; (2) activities taken to counter similar activities
    directed against the United States; (3) covert or clandestine activities
    affecting the relations of the United States with any foreign
    government, political group, party, military force, movement, or other
    association; (4) the collection, analysis, production, dissemination, or
    use of information about activities of persons within the United States,
    its territories and possessions, or nationals of the United States
    abroad whose political and related activities pose, or may be considered
    by any department, agency, bureau, office, division, instrumentality, or
    employee of the United States to pose, a threat to the internal security
    of the United States, and covert or clandestine activities directed
    against such persons.

    [[Page 819]]
    council, establishment, or office within the Federal Government.
      (b) As used in this rule, the term ``department or agency'' includes
    any organization, committee,

      (c) For purposes of this rule, reference to any department, agency,
    bureau, or subdivision shall include a reference to any successor
    department, agency, bureau, or subdivision to the extent that such
    successor engages in intelligence or intelligence-related activities now
    conducted by the department, agency, bureau, or subdivision referred to
    in this rule.

      11. Clause 6(a) of rule XXVIII does not apply to conference committee
    meetings respecting legislation (or any part thereof) reported from the
    Permanent Select Committee on Intelligence.

    Sec. 944b.

      This rule was  adopted on July 14, 1977 (H. Res.
    658, pp. 22932-49) and has had several technical amendments: (1) on
    January 25, 1979, to change the size of the Select Committee from
    thirteen to fourteen members (H. Res. 70, p. 1023); (2) on February 5,
    1979, to change the name of the Committee on International Relations to
    Foreign Affairs (H. Res. 89, pp. 1848-49); (3) on January 30, 1985, to
    change the size to not more than sixteen members (H. Res. 33, p. 1271);
    (4) in the 100th Congress to change the size to not more than seventeen
    members and to change the cross-reference in clause 7(c)(1) to include
    paragraph (a) or (b) (H. Res. 5, Jan. 6, 1987, p. 6); (5) in the 101st
    Congress to change the size to not more than nineteen Members (H. Res.
    5, Jan. 3, 1989, p. 73) and to permit the Speaker to attend meetings and
    have access to information (H. Res. 268, Nov. 14, 1989, p. 28789); and
    (6) in the 102d Congress to strike obsolete language relating to tenure
    restrictions in clause 1 and relating to the requirement for
    authorizations of appropriations in clause 9 (H. Res. 5, Jan. 3, 1991,
    p. ----).

    [[Page 820]]
    to be determined by less than two members) (H. Res. 165, Mar. 29, 1979,
    p. 6820); and (3) clause 4 was amended to provide the Select Committee
    with permanent professional and clerical staff as provided by clauses 6
    (a) and (b) of rule XI (H. Res. 58, Mar. 1, 1983, p. 3241).
      More substantive amendments have been adopted as follows: (1) clause 4
    was amended to make clause 6(c) of rule XI applicable to salaries of the
    staff of the Permanent Select Committee (H. Res. 5, Jan. 15, 1979, pp.
    7-16); (2) clause 4 was amended to make an exception to the provisions
    of clause 2(g)(2) of rule XI (requiring a majority of the membership of
    a committee be present in order to vote to close a hearing) to allow the
    Select Committee to vote to go into executive session if a majority of
    the members present, there being in attendance the requisite number
    under the Select Committee rules for the purpose of taking testimony,
    determine that it is necessary to do so for national security reasons
    (but in no event

      In the 104th Congress the rule was amended in several different
    respects: (1) to limit the size of the panel to 16, with no more than
    nine members from the same party; (2) to set the tenure limitation at
    four Congresses within a period of six Congresses, with exceptions for
    ongoing service as chairman or ranking minority member; (3) to make the
    Speaker (rather than the Majority Leader) an ex officio member of the
    panel (as opposed to his former free access to its meetings and
    information); (4) to clarify jurisdiction over the National Foreign
    Intelligence Program and the tactical intelligence and intelligence-
    related activities of the Department of Defense; (5) to clarify staffing
    arrangements for the Speaker and the Minority Leader as ex officio
    members; and (6) to conform references to renamed committees (sec. 221,
    H. Res. 6, Jan. 4, 1995, p. ----).

      The resolution creating the Permanent Select Committee directed the
    committee to make a study with respect to intelligence and intelligence-
    related activities of the U.S. and to report thereon, together with
    appropriate recommendations, not later than the close of the 95th
    Congress (sec. 3, H. Res. 658; see H. Rept. 95-1795, Oct. 14, 1978), and
    transferred to the Permanent Select Committee on Intelligence all
    records, files, documents and other materials of the Select Committee on
    Intelligence of the 94th Congress in the possession, custody, or control
    of the Clerk of the House.

      The Permanent Select Committee has concurrent jurisdiction with the
    Committee on the Judiciary over bills concerning electronic surveillance
    of foreign intelligence (Nov. 4, 1977, pp. 37070-71); concurrent
    jurisdiction with the Committees on Science, Space, and Technology (now
    Science) and Foreign Affairs (now International Relations) over a bill
    establishing a satellite monitoring commission (Mar. 15, 1988, p. 3847);
    and sole jurisdiction over a resolution of inquiry directing the
    Secretary of Defense to furnish to the House documents and information
    on Cuban or other foreign military or paramilitary presence in Panama or
    the Canal Zone (Apr. 6, 1978, p. 9105).

    [House Rules Manual -- House Document No. 103-342]
    [Page 821-824]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-133]

    [[Page 821]]

      Clause 7(b) of rule XLVIII places restrictions on the Select Committee
    on Intelligence only with respect to the public disclosure of classified
    information in the possession of that committee, and does not prevent
    the House from determining to release any matter properly presented to
    it in secret session pursuant to rule XXIX (Speaker pro tempore Wright,
    Feb. 25, 1980, p. 3618).

                                   Rule XLIX.

              ESTABLISHMENT OF STATUTORY LIMIT ON THE PUBLIC DEBT.

    [[Page 822]]
    dent for his signature (and otherwise treated for all purposes) in the
    manner provided for bills and joint resolutions generally.

    Sec. 945. Public Debt Limit.

      1. Upon the  adoption by the
    Congress (under section 301 or 304 of the Congressional Budget Act of
    1974) of any concurrent resolution on the budget setting forth as the
    appropriate level of the public debt for the period to which such
    concurrent resolution relates an amount which is different from the
    amount of the statutory limit on the public debt that would otherwise be
    in effect for such period, the enrolling clerk of the House of
    Representatives shall prepare an engrossment of a joint resolution, in
    the form prescribed in clause 2, increasing or decreasing the statutory
    limit on the public debt. The vote by which the conference report on the
    concurrent resolution on the budget was agreed to in the House (or by
    which the concurrent resolution itself was adopted in the House, if
    there is no conference report) shall be deemed to have been a vote in
    favor of such joint resolution upon final passage in the House of
    Representatives. Upon the engrossment of such joint resolution it shall
    be deemed to have passed the House of Representatives and been duly
    certified and examined; the engrossed copy shall be signed by the Clerk
    and transmitted to the Senate for further legislative action; and (upon
    final passage by both Houses) the joint resolution shall be signed by
    the presiding officers of both Houses and presented to the Presi

      2. The matter after the resolving clause in any joint resolution
    described in clause 1 shall be as follows: ``That subsection (b) of
    section 3101 of title 31, United States Code, is amended by striking out
    the dollar limitation contained in such subsection and inserting in lieu
    thereof `$        '.'', with the blank being filled in with a limitation
    equal to the appropriate level of the public debt as set forth, pursuant
    to section 301(a)(5) of the Congressional Budget Act of 1974, in the
    concurrent resolution on the budget (whether such resolution was adopted
    under section 301, 304, or 310 of such Act). Only one joint resolution
    shall be prepared under clause 1 upon the adoption of any concurrent
    resolution on the budget; and, if the concurrent resolution set forth a
    different appropriate level of the public debt (pursuant to such section
    301(a)(5)) for each of two separate periods, the blank referred to in
    the preceding sentence shall be filled in with both the limitation which
    is to apply for the later of the two periods (specifying the date on
    which that limitation is to take effect) and the limitation which is to
    apply for the earlier of such periods.

    [[Page 823]]
    ment accompanying the conference report on any concurrent resolution on
    the budget, shall contain a clear statement of the effect under this
    rule that the adoption by both the House and the Senate of such
    concurrent resolution in the form in which it is being reported (and the
    adoption of the joint resolution thereupon prepared and enrolled under
    clause 1) would have upon the statutory limit on the public debt. It
    shall not be in order in the House of Representatives at any time to
    consider or adopt any concurrent resolution on the budget (or agree to
    any conference report thereon) if at that time the report accompanying
    such concurrent resolution (or the joint statement accompanying such
    conference report) does not comply with the requirements of this clause.
      3. The report of the Committee on the Budget of the House of
    Representatives accompanying any concurrent resolution on the budget
    under section 301(d) of the Congressional Budget Act of 1974, as well as
    the joint explanatory state

      4. Nothing in this rule shall be construed as limiting or otherwise
    affecting the power of the House of Representatives or the Senate to
    consider and pass a bill which (without regard to the procedures under
    clause 1) changes the statutory limit on the public debt most recently
    established under this rule or otherwise; and the rights of Members and
    committees of the House with respect to the introduction, consideration,
    and reporting of any such bill shall be determined as though this rule
    had not been adopted.

    [[Page 824]]
    interest by the United States (except such guaranteed obligations as
    may be held by the Secretary of the Treasury), determined under section
    3101(b) of title 31 after the application of section 3101(a), title 31
    which may be outstanding at any one time.

      5. As used in this rule, the term ``statutory limit on the public
    debt'' means the maximum face amount of obligations issued under
    authority of chapter 31 of title 31, United States Code and obligations
    guaranteed as to principal and

    [House Rules Manual -- House Document No. 103-342]
    [Page 825-828]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-134]

    [[Page 825]]

      This rule was added in the 96th Congress by Public Law 96-78 (93 Stat.
    589) and was originally applicable to concurrent resolutions on the
    budget for fiscal years beginning on or after October 1, 1980 (fiscal
    1981). However, in the 96th Congress (H. Res. 642, Apr. 23, 1980, p.
    8800), the provisions of that public law amending the rules of the House
    were made applicable to the third concurrent resolution on the budget
    for Fiscal Year 1980 as well as the first concurrent resolution on the
    budget for Fiscal 1981 (H. Con. Res. 307, June 12, 1980, pp. 14505-19;
    see H.J. Res. 569 and H.J. Res. 570, June 13, 1980, p. 14609).
    Conforming changes were made in clauses 2 and 5 of this rule with the
    codification of title 31, United States Code, by Public Law 97-258 (96
    Stat. 1066). The rule was amended in the 98th Congress (H. Res. 241,
    June 23, 1983, p. 17162) to reflect the enactment into law (P.L. 98-34)
    of a new permanent, rather than temporary, debt limit. Clause 2 of the
    rule was rewritten, and clause 1 modified, to change the form of the
    joint resolution engrossed pursuant to the rule in order to delete
    references to a temporary debt limit and to reflect instead changes in a
    permanent debt limit. The rules change also provided that where a budget
    resolution contains more than one public debt limit figure (for the
    current and the next fiscal year), only one joint resolution be
    engrossed, containing the debt limit figure for the current fiscal year
    with a time limitation, and the debt limit figure for the following
    fiscal year as the permanent limit. The date of final House action in
    adopting the conference report on the concurrent resolution on the
    budget, rather than the date of final Senate action, when later, is the
    appropriate date under this rule for deeming the House to have passed
    the joint resolution (July 14, 1986, p. 16316; Speaker Wright, June 25,
    1987, p. 17424). Another conforming change in clause 1 was made in the
    Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99-177,
    Dec. 12, 1985, p. 36209) to delete reference to a second concurrent
    resolution on the budget (no longer required under section 310 of the
    Budget Act). This rule was rendered inapplicable to a conference report
    on a concurrent resolution on the budget for fiscal year 1996 (sec. 3,
    H. Res. 149, May 17, 1995, p. ----).

                                     Rule L.

                      PROCEDURE FOR RESPONSE TO SUBPOENAS.

    Sec. 946. Response to subpoenas.

      1. When any  Member,
    officer, or employee of the House of Representatives is properly served
    with a subpoena or other judicial order directing appearance as a
    witness relating to the official functions of the House or for the
    production or disclosure of any documents relating to the official
    functions of the House, such Member, officer, or employee shall comply,
    consistently with the privileges and rights of the House, with said
    subpoena or other judicial order as hereinafter provided, unless
    otherwise determined pursuant to the provisions of this rule.

      2. Upon receipt of a properly served subpoena or other judicial order
    directing appearance as a witness relating to the official functions of
    the House or for the production or disclosure of any documents relating
    to the official functions of the House, such Member, officer, or
    employee shall promptly notify, in writing, the Speaker of its receipt
    and such notification shall then be promptly laid before the House by
    the Speaker, except that during a period of recess or adjournment of
    longer than three days, no such notification to the House shall be
    required. However, upon the reconvening of the House, such notification
    shall then be promptly laid before the House by the Speaker.

    [[Page 826]]
    determine whether the issuance of the subpoena or other judicial order
    is a proper exercise of the court's jurisdiction, is material and
    relevant, and is consistent with the privileges and rights of the House.
    The Member, officer, or employee shall notify the Speaker prior to
    seeking judicial determination of these matters.
      3. Once notification has been laid before the House, the Member,
    officer, or employee shall

      4. Upon determination whether the subpoena or other judicial order is
    a proper exercise of the court's jurisdiction, is material and relevant,
    and is consistent with the privileges and rights of the House, the
    Member, officer, or employee shall immediately notify, in writing, the
    Speaker of such a determination.

      5. The Speaker shall inform the House of the determination of whether
    the subpoena or other judicial order is a proper exercise of the court's
    jurisdiction, is material and relevant, and is consistent with the
    privileges and rights of the House, and shall generally describe the
    records or information sought, except that during any recess or
    adjournment of the House for longer than three days, no such
    notification is required. However, upon the reconvening of the House,
    such notification shall then be promptly laid before the House by the
    Speaker.

    [[Page 827]]
    House adopts a resolution to the contrary; except that under no
    circumstances shall any minutes or transcripts of executive sessions, or
    any evidence of witnesses in respect thereto, be disclosed or copied.
    Should the House be in recess or adjournment for longer than three days,
    the Speaker may authorize compliance or take such other action as he
    deems appropriate under the circumstances during the pendency of such
    recess or adjournment. And upon the reconvening of the House, all
    matters having transpired under this clause shall be laid promptly
    before the House by the Speaker.
      6. Upon such notification to the House that said subpoena is a proper
    exercise of the court's jurisdiction, is material and relevant, and is
    consistent with the privileges and rights of the House, the Member,
    officer, or employee shall comply with such subpoena or other judicial
    order by supplying certified copies, unless the

      7. A copy of this rule shall be transmitted by the Clerk of the House
    to any of said courts whenever any such subpoena or other judicial order
    is issued and served on a Member, officer, or employee of the House.

      8. Nothing in this rule shall be construed to deprive, condition or
    waive the constitutional or legal rights applicable or available to any
    Member, officer, or employee of the House, or of the House itself, or
    the right of a Member or the House to assert such privilege or right
    before any court in the United States, or the right of the House
    thereafter to assert such privilege or immunity before any court in the
    United States.

    [[Page 828]]
    gresses (H. Res. 10, Jan. 15, 1979, p. 19) when general authority was
    granted to respond to subpoenas and a procedure was established for
    automatic compliance without the necessity of a House vote. This
    standing authority was clarified and revised later in the 96th Congress
    by H. Res. 722 (Sept. 17, 1980, pp. 25777-90) and forms the basis for
    the present rule.
      Rule L was added in the 97th Congress (H. Res. 5, Jan. 5, 1981, p. 98)
    and provides general authority to the Members, officers, or employees to
    comply with subpoenas served on them in relation to their official
    functions and establishes the procedure by which subpoenas shall be
    complied with. Until the 95th Congress, whenever a Member, officer, or
    employee received a subpoena, the House would decide by adopting a
    resolution granting authority to the person to respond. This case-by-
    case approach was changed in the 95th (H. Res. 10, Jan. 4, 1977, p. 73)
    and 96th Con

      In the 102d Congress, the House considered as questions of the
    privileges of the House resolutions: responding to a subpoena for
    records of the ``bank'' in the Office of the Sergeant-at-Arms (Apr. 29,
    1992, p. ----); responding to a contemporaneous ``request'' for such
    records from a Special Counsel (Apr. 29, 1992, p. ----); and authorizing
    an officer of the House to release certain documents in response to
    another such request from the Special Counsel (May 28, 1992, p. ----).

    [House Rules Manual -- House Document No. 103-342]
    [Page 828-836]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-135]

      Under clause 2 of rule L, the Speaker promptly lays before the House a
    communication notifying him of the receipt of a subpoena, but the rule
    does not require that the text of a subpoena be printed in the Record
    (July 31, 1992, p. ----).

                                    Rule LI.

                              EMPLOYMENT PRACTICES.

    Sec. 946a. Employment Practices.

      1. The Committee  on House
    Oversight shall have authority to issue rules and regulations applying
    the rights and protections of the Fair Labor Standards Act in the House,
    including, but not limited to, determination of exemption categories,
    permitting the use of compensatory time as compensation under the
    maximum work week provisions of the Act, describing the recordkeeping
    requirements and providing that such recordkeeping provisions do not
    apply with respect to employees exempted pursuant to the Committee's
    Rules and Regulations.
    Nondiscrimination in employment

    [[Page 829]]
    color, national origin, religion, sex (including marital or parental
    status), disability, or age.
      2. (a) Personnel actions affecting employment positions in the House
    of Representatives shall be made free from discrimination based on race,

      (b) Interpretations under paragraph (a) shall reflect the principles
    of current law, as generally applicable to employment.

      (c) Paragraph (a) does not prohibit the taking into consideration of--

              (1) the domicile of an individual with respect to a position
    under the clerk-hire allowance; or

              (2) the political affiliation of an individual with respect to
    a position under the clerk-hire allowance or a position on the staff of
    a committee or a position under all support offices, except as otherwise
    stated in the Rules of the House of Representatives.
    Procedure

      3. The procedure for consideration of alleged violations of clause 2
    consists of three steps as follows:

              (a) step I, Counseling and Mediation, as set forth in clause
    5;

              (b) step II, Formal Complaint, Hearing, and Review by the
    Office of Fair Employment Practices, as set forth in clause 6; and

              (c) step III, Final Review by Review Panel, as set forth in
    clause 7.
    Office of fair employment practices

    [[Page 830]]
    and Hearing Officers of the Office shall be appointed by, and serve at
    the pleasure of, the Chairman and the ranking minority party member of
    the Committee on House Oversight, acting jointly, and shall be under the
    administrative direction of the Clerk of the House of Representatives.
    The Office shall be located in the District of Columbia.
    Step i: counseling and mediation
      4. There is established an Office of Fair Employment Practices
    (hereafter in this rule referred to as the ``Office''), which shall
    carry out functions assigned under this rule. Employees

      5. (a) An individual aggrieved by an alleged violation of clause 2 may
    request counseling by counselors in the Office, who shall provide
    information with respect to rights and related matters under that
    clause. A request for counseling shall be made not later than one
    hundred and eighty days after the alleged violation and may be oral or
    written, at the option of the individual. The period for counseling is
    thirty days, unless the employee and the Office agree to reduce the time
    period. The Office may not notify the employing authority of the
    counseling before the beginning of mediation or the filing of a formal
    complaint, whichever occurs first.

      (b) If, after counseling, the individual desires to proceed, the
    Office shall attempt to resolve the alleged violation through mediation
    between the individual and the employing authority.
    Step ii: formal complaint, hearing, and review by the office of fair

            employment practices

    [[Page 831]]
    a formal complaint with the Office. Not later than ten days after
    filing the formal complaint, the individual may file with the Office a
    written request for a hearing on the complaint.
      6. (a) Not later than thirty days after the end of the counseling
    period, the individual may file

      (b) The hearing shall be conducted--

              (1) not later than forty days after filing of the written
    request under paragraph (a);

              (2) on the record by a Hearing Officer of the Office appointed
    under the procedures set forth in clause 4; and

              (3) to the greatest extent practicable, in accordance with the
    principles and procedures set forth in sections 555 and 556 of title 5,
    United States Code.

      (c) Not later than thirty days after the hearing, the Office shall
    issue a written decision to the parties. The decision shall clearly
    state the issues raised by the complaint, and shall contain a
    determination as to whether a violation of clause 2 has occurred.
    Step iii: final review by review panel

      7. (a) In General. Not later than twenty days after issuance of the
    decision under clause 6, any party may seek formal review of the
    decision by filing a written request with the Office. The formal review
    shall be conducted by a panel constituted at the beginning of each
    Congress and composed of--

    [[Page 832]]

              (1) two elected officers or employees of the House of
    Representatives, appointed by the Speaker;

              (2) two employees of the House of Representatives appointed by
    the minority leader of the House of Representatives;

              (3) two members of the Committee on House Oversight (one of
    whom shall be appointed as chairman of the panel), appointed by the
    Chairman of that Committee; and

              (4) two members of the Committee on House Oversight, appointed
    by the ranking minority party member of that Committee.
    If any member of the panel withdraws from a particular review, the
    appointing authority for such member shall appoint another officer,
    employee, or Member of the House of Representatives, as the case may be,
    to be a temporary member of the panel for purposes of that review only.

    [[Page 833]]

    Resolution by agreement
      (b) The review under this clause shall consist of a hearing (conducted
    in the manner described in clause 6(b)(3)), if such hearing is
    considered necessary by the panel, and an examination of the record,
    together with any statements or other documents the panel deems
    appropriate. A tie vote by the panel is an affirmation of the decision
    of the Office. The panel shall complete the review and submit a written
    decision to the parties and to the Committee on House Oversight not
    later than sixty days after filing of the request under paragraph (a),
    except that when the House has adjourned sine die, in which case an
    extension of up to sixty additional days is authorized.

      8. If, after a formal complaint is filed under clause 6, the parties
    resolve the issues involved, the parties shall enter into a written
    agreement, which shall be effective--

              (1) in the case of a matter under review by the Office under
    clause 6, if approved by the Office; and

              (2) in the case of a matter under review by a panel under
    clause 7, if approved by the panel.
    Remedies

      9. The Office or a review panel, as the case may be, may order one or
    more of the following remedies:

              (a) monetary compensation, to be paid from the clerk-hire
    allowance of a Member, or from personnel funds of a committee of the
    House or other entity, as appropriate;

              (b) monetary compensation, to be paid from the contingent fund
    of the House of Representatives;

              (c) injunctive relief;

              (d) costs and attorney fees; and

              (e) employment, reinstatement to employment, or promotion
    (with or without back pay).
    Costs of attending hearings

    [[Page 834]]
    the location of the hearing. Witnesses required to attend the hearings
    by the Hearing Officer as necessary to a fair and justiciable hearing
    shall be reimbursed for actual and reasonable costs of attending the
    hearing if they reside outside the location of the hearing. Expenses are
    to he paid from the contingent fund of the House of Representatives.
    Prohibition of intimidation
      10. An individual with respect to whom a hearing is held under this
    rule shall be reimbursed for actual and reasonable costs of attending
    the hearing, if the individual resides outside

      11. Any intimidation of, or reprisal against, any person by an
    employing authority because of the exercise of a right under this rule
    is a violation of clause 2.
    Closed hearings and confidentiality

      12. All hearings under this rule shall be closed. All information
    relating to any procedure under this rule is confidential, except that a
    decision of the Office under clause 6 or a decision of a review panel
    under clause 7 shall be published, if the decision constitutes a final
    disposition of the matter.
    Exclusivity of procedures and remedies

      13. The procedures and remedies under this rule are exclusive except
    to the extent that the Rules of the House of Representatives and the
    Rules of the House Committee on Standards of Official Conduct provide
    for additional procedures and remedies.
    Requests for witnesses and information

    [[Page 835]]
    Panel may issue, and the addressees shall comply with, written requests
    for the production of documents and the attendance of witnesses, if such
    requests are necessary and relevant to the proper examination of the
    issues.
    Internal procedures for resolution of possible violations
      14. The Office of Fair Employment Practices and the Fair Employment
    Practices Review

      15. It is the policy of the House of Representatives to encourage each
    employing authority to establish internal procedures for examining and
    resolving possible violations of this rule. To the greatest extent
    practicable, the Office of Fair Employment Practices shall take such
    action (consistent with the rights of the parties) as may be necessary
    to encourage initial use of such procedures.
    Definitions

      16. As used in this rule--

              (a) the term ``employment position'' means, with respect to
    the House of Representatives, a position the pay for which is disbursed
    by the Clerk of the House of Representatives, or other official
    designated by the House of Representatives, and any employment position
    in a legislative service organization or other entity that is paid
    through funds derived from the clerk-hire allowance;

    [[Page 836]]
    Budget Office, with the power to appoint the employee;
              (b) the term ``employing authority'' means, the Member of the
    House of Representatives or elected officer of the House of
    Representatives, or the Director of the Congressional

              (c) the term ``Member of the House of Representatives'' means
    a Representative in, or a Delegate or Resident Commissioner to, the
    Congress; and

              (d) the term ``elected officer of the House of
    Representatives'' means an elected officer of the House of
    Representatives (other than the Speaker and the Chaplain).

    [House Rules Manual -- House Document No. 103-342]
    [Page 836-852]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-136]

      This provision grew out of the Fair Employment Practices Resolution
    that was first adopted in the 100th Congress (H. Res. 558, Oct. 3, 1988,
    p. 27840) and renewed in the 101st Congress (H. Res. 15, Jan. 3, 1989,
    p. 85), and through which the provisions of the Americans with
    Disabilities Act of 1990 (P.L. 101-336, July 26, 1990) apply to the
    House. It was incorporated by reference in a standing rule LI in the
    102d Congress (H. Res. 5, Jan. 3, 1991, p. ----). Its full text, with
    certain amendments, was codified in rule LI in the 103d Congress (H.
    Res. 5, Jan. 5, 1993, p. ----). In the 104th Congress it was amended to
    reflect the new name of the Committee on House Oversight (sec. 202(b),
    H. Res. 6, Jan. 4, 1995, p. ----). The viability of this rule under the
    Congressional Accountability Act of 1995 is set forth in section 506 of
    that Act (2 U.S.C. 1435).

                                    Rule LII.

                          APPLICATION OF CERTAIN LAWS.

    Sec. 946b. Office of Compliance.

      1. There is established  an
    Office of Compliance which shall have a Board of Directors consisting of
    5 individuals appointed jointly by the Speaker and the minority leader.
    Appointments of the first 5 members of the Board of Directors shall be
    completed not later than 120 days after the beginning of the One Hundred
    Fourth Congress.

    [[Page 837]]
    through 16 of House Resolution 578, One Hundred Third Congress,
    including the issuance of regulations, to implement the requirements of
    the following laws to the House of Representatives:
      2. (a) The Office of Compliance shall carry out the duties and
    functions set forth in sections 2

              (1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
    seq.), effective at the beginning of the second session of the One
    Hundred Fourth Congress.

              (2) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e
    et seq.), effective at the beginning of the second session of the One
    Hundred Fourth Congress.

              (3) The Americans With Disabilities Act of 1990 (42 U.S.C.
    12101 et seq.), effective at the beginning of the second session of the
    One Hundred Fourth Congress.

              (4) The Age Discrimination in Employment Act of 1967 (29
    U.S.C. 621 et seq.) (including remedies available to private employees),
    effective at the beginning of the second session of the One Hundred
    Fourth Congress.

              (5) Titles I and V of the Family and Medical Leave Act of 1993
    (29 U.S.C. 2611 et seq.), effective at the beginning of the second
    session of the One Hundred Fourth Congress.

    [[Page 838]]

              (6) The Occupational Safety and Health Act of 1970 (other than
    section 19) (29 U.S.C. 651 et seq.) (subject to paragraph (c)),
    effective at the beginning of the One Hundred Fifth Congress.

              (7) Chapter 71 (relating to Federal labor management
    relations) of title 5, United States Code, effective at the beginning of
    the One Hundred Fifth Congress.

              (8) The Employee Polygraph Protection Act of 1988 (29 U.S.C.
    2001 et seq.), effective at the beginning of the second session of the
    One Hundred Fourth Congress, except that this Act shall not apply to the
    United States Capitol Police.

              (9) The Worker Adjustment and Retraining Notification Act (29
    U.S.C. 2101 et seq.), effective at the beginning of the second session
    of the One Hundred Fourth Congress.

              (10) The Rehabilitation Act of 1973 (29 U.S.C. 791), effective
    at the beginning of the second session of the One Hundred Fourth
    Congress.

      (b) Any provision of Federal law shall, to the extent that it relates
    to the terms and conditions of employment (including hiring, promotion
    or demotion, salary and wages, overtime compensation, benefits, work
    assignments or reassignments, termination, protection from
    discrimination in personnel actions, health and safety of employees, and
    family and medical leave) of employees apply to the House in accordance
    with this rule.

    [[Page 839]]
    year following the fiscal year in which the citation is issued, subject
    to the availability of funds appropriated for that purpose after the
    receipt of the citation.
      (c) The House shall comply with the Occupational Safety and Health Act
    of 1970 as follows: If a citation of a violation of such Act is
    received, action to abate the violation shall take place as soon as
    possible, but no later than the fiscal

      3. (a)(1) The Chairperson of the Board of Directors of the Office
    shall appoint, may establish the compensation of, and may terminate,
    subject to the approval of the Board of Directors, an Executive Director
    (referred to in this rule as the ``executive director''). The
    compensation of the executive director may not exceed the compensation
    for level V of the Executive Schedule under section 5316 of title 5,
    United States Code. The executive director shall be an individual with
    training or expertise in the application of the laws referred to in
    clause 2. The appointment of the first executive director shall be
    completed no later than 120 days after the initial appointment of the
    Board of Directors.

              (2) The executive director may not be an individual who holds
    or may have held the position of Member of the House of Representatives
    or Senator. The executive director may not be an individual who holds
    the position of employee of the House or the Senate but the executive
    director may be an individual who held such a position at least 4 years
    before appointment as executive director. The term of office of the
    executive director shall be a single term of 5 years.

    [[Page 840]]
    tion of Lobbying Act to register with the Secretary of the Senate or
    the Clerk shall be considered eligible for appointment to, or service
    on, the Board of Directors.
      (b)(1)(A) No individual who engages in, or is otherwise employed in,
    lobbying of the Congress and who is required under the Federal Regula

                      (B) No member of the Board of Directors may hold or
    may have held the position of Member of the House of Representatives or
    Senator, may hold the position of employee of the House or Senate, or
    may have held such a position within 4 years of the date of appointment.

              (2) If during a term of office a member of the Board of
    Directors engages in an activity described in subparagraph (1)(A), such
    position shall be declared vacant and a successor shall be selected in
    accordance with paragraph (a)(1).

              (3) A vacancy in the Board of Directors shall be filled in the
    manner in which the original appointment was made.

      (c)(1) Except as provided in subparagraph (2), membership on the Board
    of Directors shall be for 5 years. A member shall only be eligible for
    appointment for a single term of office.

              (2) Of the members first appointed to the Board of Directors--

                      (A) 1 shall have a term of office of 3 years,

                      (B) 2 shall have a term of office of 4 years, and

                      (C) 2 shall have a term of office of 5 years,

    [[Page 841]]

            as designated at the time of appointment by the persons
    specified in paragraph (a)(1).

              (3) Any member of the Board of Directors may be removed from
    office by a majority decision of the appointing authorities described in
    paragraph (a)(1) and only for--

                      (A) disability that substantially prevents the member
    from carrying out the duties of the member,

                      (B) incompetence,

                      (C) neglect of duty,

                      (D) malfeasance, or

                      (E) a felony or conduct involving moral turpitude.

      (d) The Chairperson of the Board of Directors shall be appointed from
    the members of the Board of Directors by the members of the Board.

      The duties and functions of the Office of Compliance, as set forth in
    sections 2 through 16 of House Resolution 578 of the 103d Congress (Oct.
    7, 1994, p. ----), as incorporated by reference in clause 2(a) of rule
    LII, are as follows:

                              SEC. 2. DEFINITIONS.

      As used in sections 2 through 16:

              (1) The term ``employee of the House'' means any individual

            (other than a Member) whose pay is disbursed by the Director of

            Non-legislative and Financial Services or any individual to whom

            supervision and all other employee-related matters were

            transferred to the Sergeant-at-Arms pursuant to direction of the

            Committee on Appropriations in House Report 103-517 of the One

            Hundred Third Congress, and such term includes an applicant for

            the position of employee and a former employee.

              (2) The term ``employing authority'' means, with respect to an

            employee, the Member of the House of Representatives or elected

            officer of the House of Representatives, or the Director of the

            Congressional Budget Office, with the power to appoint the

            employee.

    [[Page 842]]

              (3) The term ``Member of the House of Representatives'' means

            a Representative in, or a Delegate or Resident Commissioner to,

            the Congress.

              (4) The term ``elected officer of the House of

            Representatives'' means an elected officer of the House of

            Representatives (other than the Speaker and the Chaplain).

              (5) The term ``Office'' refers to the Office of Compliance

            established by rule LII of the Rules of the House of

            Representatives.

                          SEC. 3. APPLICATION OF LAWS.

      (a) The laws set forth in clause 2 of rule LII of the Rules of the
    House of Representatives shall apply, as prescribed by that rule, to the
    House of Representatives.

      (b) The laws referred to in rule LI of the Rules of the House of
    Representatives which apply on December 31, 1994, to House employees
    shall continue to apply to such employees until the effective date such
    laws are made applicable in accordance with this resolution.

      SEC. 4. ADMINISTRATIVE MATTERS RELATING TO THE OFFICE OF COMPLIANCE.

      (a)(1) Each member of the Board of Directors shall be compensated at a
    rate equal to the daily equivalent of the annual rate of basic pay
    prescribed for level V of the Executive Schedule under section 5316 of
    title 5, United States Code, for each day (including travel time) during
    which such member is engaged in the performance of the duties of the
    Board.

      (2) Each member of the Board of Directors shall receive travel
    expenses, including per diem in lieu of subsistence, at rates authorized
    for employees of agencies under subchapter I of chapter 57 of title 5,
    United States Code, for each day the member is engaged in the
    performance of duties away from the home or regular place of business of
    the member.

      (b) The executive director may appoint and fix the compensation of
    such staff, including hearing officers, as are necessary to carry out
    this resolution.

      (c) The executive director may, with the prior consent of the
    Government department or agency concerned, use the services of any such
    department or agency, including the services of members or personnel of
    the General Accounting Office Personnel Appeals Board.

      (d) The executive director may procure the temporary (not to exceed 1
    year) or intermittent services of individual consultants or
    organizations thereof.

                         SEC. 5. STUDY AND REGULATIONS.

    [[Page 843]]
    Board of Directors shall complete such study and report the results to
    House of Representatives not later than 180 days after the date of the
    first appointment of the first executive director.
      (a) The Board of Directors shall conduct a study of the manner in
    which the laws referred to in clause 2(a) of rule LII of the Rules of
    the House of Representatives should apply to the House of
    Representatives. The

      (b) On an ongoing basis the Board of Directors--

              (1) shall determine which of the laws referred to in clause

            2(b) of rule LII of the Rules of the House of Representatives

            should apply to the House of Representatives and if it should,

            the manner in which it should be made applicable;

              (2) shall study the application to the House of provisions of

            Federal law referred to in paragraphs (a) and (b) of clause 2 of

            rule LII of the Rules of the House of Representatives that are

            enacted after the date of adoption of this resolution;

              (3) may propose regulations with respect to such application

            in accordance with subsection (c); and

              (4) may review the regulations in effect under subsection

            (e)(1) and make such amendments as may be appropriate in

            accordance with subsection (c).

      (c)(1)(A) Not later than 180 days after the date of the completion of
    the study under subsection (a), the Board of Directors shall, in
    accordance with section 553 of title 5, United States Code, propose
    regulations to implement the requirements of the laws referred to in
    clause 2(a) of rule LII of the Rules of the House of Representatives.
    The Board of Directors shall provide a period of at least 30 days for
    comment on the proposed regulations.

                      (B) In addition to publishing a general notice of

                    proposed rulemaking under section 553(b) of title 5,

                    United States Code, the Board of Directors shall

                    concurrently submit such notice for publication in the

                    Congressional Record.

                      (C) When proposing regulations under subparagraph (A)

                    to implement the requirements of a law referred to in

                    clause 2(a) of rule LII of the Rules of the House of

                    Representatives, the Board of Directors shall recommend

                    to the House of Representatives changes in or repeals of

                    existing law to accommodate the application of such law

                    to the House.

                      (D) The Board of Directors shall, in accordance with

                    such section 553, issue final regulations not later than

                    60 days after the end of the comment period on the

                    proposed regulations.

              (2)(A) Not later than 180 days after the date of the

            completion of the study or a determination under subsection (b),

            the Board of Directors shall, in accordance with section 553 of

            title 5, United States Code, propose regulations that specify

            which of the provisions of Federal law considered in such study

            shall apply to the House of Representatives. The Board of

            Directors shall provide a period of at least 30 days for comment

            on the proposed regulations.

                      (B) In addition to publishing a general notice of

                    proposed rulemaking under section 553(b) of title 5,

    [[Page 844]]
                    United States Code, the

                    Board of Directors shall concurrently submit such notice for

                    publication in the Congressional Record.

                      (C) When proposing regulations under subparagraph (A)

                    specifying which of the provisions of Federal law

                    referred to in clause 2(b) of rule LII of the Rules of

                    the House of Representatives shall apply to the House of

                    Representatives, the Board of Directors shall recommend

                    to the House of Representatives changes in or repeals of

                    existing law to accommodate the application of such law

                    to the House.

                      (D) The Board of Directors shall, in accordance with

                    such section 553, issue final regulations not later than

                    60 days after the end of the comment period on the

                    proposed regulations.

              (3) Regulations under paragraphs (1) and (2) shall be

            consistent with the regulations issued by an agency of the

            executive branch of the Federal Government under the provision

            of law made applicable to the House of Representatives,

            including portions relating to remedies.

              (4) If a regulation is disapproved by a resolution considered

            under subsection (e), not later than 60 days after the date of

            the disapproval, the Board of Directors shall propose a new

            regulation to replace the regulation disapproved. The action of

            the Board of Directors under this paragraph shall be in

            accordance with the applicable requirements of this subsection.

      (d) A final regulation issued under subsection (c) shall be
    transmitted to the House of Representatives for consideration under
    paragraph (e).

      (e)(1) Subject to subsection (f), a final regulation which is issued
    under subsection (c) shall take effect upon the expiration of 60 days
    from the date the final regulation is issued unless disapproved by the
    House of Representatives by resolution.

              (2) A resolution referred to in paragraph (1) may be

            introduced in the House of Representatives within 5 legislative

            days after the date on which the Board of Directors issues the

            final regulation to which the resolution applies. The matter

            after the resolving clause of the resolution shall be as

            follows: ``That the House of Representatives disapproves the

            issuance of final regulations of the Office of Compliance as

            issued on ____________ (the blank space being appropriately

            filled in).''.

              (3) A resolution referred to in paragraph (1) shall be

            referred to the appropriate committee. If no resolution is

            reported within 15 legislative days after the Board of Directors

            issues final regulations under subsection (c)(1)(D) or

            (c)(2)(D), the committee to which the resolution was referred

            shall be discharged from further consideration of the first such

            resolution introduced and the resolution shall be placed on the

            appropriate calendar. Any meeting of a committee on a resolution

            shall be open to the public. Within 5 legislative days after the

    [[Page 845]]
            resolution is reported or discharged, it shall be in order as

            a privileged matter to move to proceed to its consideration and such

            motion shall not be debatable. The resolution shall be debatable

            for not to exceed 4 hours equally divided between proponents and

            opponents and it shall not be subject to amendment.

      (f) Any meeting of the Board of Directors held in connection with a
    study under subsection (a) or (b) shall be open to the public. Any
    meeting of the Board of Directors in connection with a regulation under
    subsection (c) shall be open to the public.

                            SEC. 6. OTHER FUNCTIONS.

      (a) The executive director shall adopt rules governing the procedures
    of the Office, subject to the approval of the Board of Directors,
    including the procedures of hearing boards, which shall be submitted for
    publication in the Congressional Record. The rules may be amended in the
    same manner. The executive director may consult with the Chairman of the
    Administrative Conference of the United States and the General Counsel
    of the House of Representatives on the adoption of rules.

      (b) The executive director shall have authority to conduct such
    investigations as the executive director requires to implement sections
    7 through 10.

      (c) The Office shall--

              (1) carry out a program of education for Members of the House

            of Representatives and other employing authorities of the House

            of Representatives respecting the laws made applicable to them

            and a program to inform individuals of their rights under laws

            applicable to the House of Representatives and under sections 7

            through 10,

              (2) in carrying out the program under paragraph (1),

            distribute the telephone number and address of the Office,

            procedures for action under sections 7 through 10, and any other

            information the executive director deems appropriate for

            distribution, distribute such information to Members and other

            employing authorities of the House in a manner suitable for

            posting, provide such information to new employees of the House,

            distribute such information to the residences of employees of

            the House, and conduct seminars and other activities designed to

            educate employers and employees in such information,

              (3) compile and publish statistics on the use of the Office by

            employees of the House, including the number and type of

            contacts made with the Office, on the reason for such contacts,

            on the number of employees who initiated proceedings with the

            Office under sections 7 through 10 and the result of such

            proceedings, and on the number of employees who filed a

            complaint under section 10, the basis for the complaint, and the

            action taken on the complaint, and

              (4) within 180 days of the initial appointment of the

            executive director and in conjunction with the Clerk, develop a

            system for the collection of demographic data respecting the

    [[Page 846]]
            composition of employ

            ees of the House, including race, sex, and wages, and a system for the

            collection of information on employment practices, including

            family leave and flexible work hours, in House offices.

      (d) Within one year of the date the system referred to in subsection
    (c)(4) is developed and annually thereafter, the Board of Directors
    shall submit to the House of Representatives a report on the information
    collected under such system. Each report after the first report shall
    contain a comparison and evaluation of data contained in the previous
    report.

           SEC. 7. PROCEDURE FOR CONSIDERATION OF ALLEGED VIOLATIONS.

      The procedure for consideration of alleged violations of laws made
    applicable to the House of Representatives under this rule consists of 3
    steps as follows:

              (1) Step I, counseling, as set forth in section 8.

              (2) Step II, mediation, as set forth in section 9.

              (3) Step III, formal complaint and hearing by a hearing board,

            as set forth in section 10.

                           SEC. 8. STEP I: COUNSELING.

      (a) An employee of the House alleging a violation of a law made
    applicable to the House of Representatives under rule LII of the Rules
    of the House of Representatives may request counseling through the
    Office. The Office shall provide the employee with all relevant
    information with respect to the rights of the employee. A request for
    counseling shall be made not later than 180 days after the alleged
    violation forming the basis of the request for counseling occurred.

      (b) The period for counseling shall be 30 days unless the employee and
    the Office agree to reduce the period. The period shall begin on the
    date the request for counseling is received.

                           SEC. 9. STEP II: MEDIATION.

      (a) Not later than 15 days after the end of the counseling period
    under section 8, the employee who alleged a violation of a law made
    applicable to the House of Representatives under rule LII of the Rules
    of the House of Representatives may file a request for mediation with
    the Office. Mediation--

              (1) may include the Office, the employee, the employing

            authority, and individuals who are recommended by organizations

            composed primarily of individuals experienced in adjudicating or

            arbitrating personnel matters, and

              (2) shall be a process involving meetings with the parties

            separately or jointly for the purpose of resolving the dispute

            between the employee and the employing authority.

    [[Page 847]]

      (b) The mediation period shall be 30 days beginning on the date the
    request for mediation is received and may be extended for an additional
    30 days at the discretion of the Office. The Office shall notify the
    employee and the head of the employing authority when the mediation
    period has ended.

                SEC. 10. STEP III: FORMAL COMPLAINT AND HEARING.

      (a) Not later than 30 days after receipt by the employee of the House
    of notice from the Office of the end of the mediation period under
    section 9, the employee of the House may file a formal complaint with
    the Office against the head of the employing authority involved. No
    complaint may be filed unless the employee has made a timely request for
    counseling and has completed the procedures set forth in sections 8 and
    9.

      (b) A board of 3 independent hearing officers (hereinafter in this
    resolution referred to as a ``hearing board''), who are not Members,
    officers, or employees of the House, chosen by the executive director
    (one of whom shall be designated by the executive director as the
    presiding hearing officer) shall be assigned to consider each complaint
    filed under subsection (a). The executive director shall appoint hearing
    officers from candidates who are recommended by the Federal Mediation
    and Conciliation Service or the Administrative Conference of the United
    States. A hearing board shall act by majority vote.

      (c) Prior to a hearing under subsection (d), a hearing board may
    dismiss any claim that it finds to be frivolous.

      (d) A hearing shall be conducted--

              (1) in closed session on the record by a hearing board; and

              (2) no later than 30 days after filing of the complaint under

            subsection (a), except that the Office may, for good cause,

            extend up to an additional 60 days the time for conducting a

            hearing.

      (e) Reasonable prehearing discovery may be permitted at the discretion
    of the hearing board.

      (f)(1) A hearing board may authorize subpoenas, which shall be issued
    by the presiding hearing officer on behalf of the hearing board under
    the seal of the House of Representatives for the attendance of witnesses
    at proceedings of the hearing board and for the production of
    correspondence, books, papers, documents, and other records. The
    attendance of witnesses and the production of evidence may be required
    from any place within the United States.

              (2) If a person refuses to obey a subpoena issued under

            paragraph (1), the hearing board may report the refusal to the

            Committee on Rules which may take any action it deems

            appropriate, which shall be authorized by the chairman and

            ranking minority member acting jointly. Such action may

            include--

                      (A) a referral to the Committee on Standards of

                    Official Conduct if the refusal is by a current Member

    [[Page 848]]
                    of the House of Rep

                    resentatives or officer or employee of the House of Representatives, or

                      (B) a report to the House of Representatives of a

                    resolution to certify a contempt pursuant to sections

                    102 and 104 of the Joint Resolution of June 22, 1938 (2

                    U.S.C. 192, 194) if the failure is by someone other than

                    a current Member of the House of Representatives or

                    officer or employee of the House of Representatives.

              (3) The subpoenas of the hearing board shall be served in the

            manner provided for subpoenas issued by a United States district

            court under the Federal Rules of Civil Procedure for the United

            States district courts.

              (4) All process of any court to which application is to be

            made under paragraph (2) may be served in the judicial district

            in which the person required to be served resides or may be

            found.

              (5) The hearing board is an agency of the United States for

            the purpose of part V of title 18, United States Code (relating

            to immunity of witnesses).

      (g) As expeditiously as possible, but in no case more than 45 days
    after the conclusion of the hearing, the hearing board shall make a
    decision in the matter for which the hearing was held. The decision of
    the hearing board shall be transmitted by the Office to the employee of
    the House and the employing authority. The decision shall state the
    issues raised by the complaint, describe the evidence in the record, and
    contain a determination as to whether a violation of a law made
    applicable to the House of Representatives under this rule has occurred.
    Any decision of the hearing board shall contain a written statement of
    the reasons for the hearing board's decision. A final decision of the
    hearing board shall be made available to the public by the Office.

      (h) If the decision of the hearing board under subsection (g) is that
    a violation of a law made applicable to the House of Representatives
    under rule LII of the Rules of the House of Representatives, it shall
    order the remedies under such law as made applicable to the House of
    Representatives under that rule, except that no Member of the House of
    Representatives or any other head of an employing authority, or agent of
    such a Member shall be personally liable for the payment of
    compensation. The hearing board shall have no authority to award
    punitive damages.

      (i)(1) A House employee or an employing authority may request the
    Board of Directors to review a decision of the hearing board under
    subsection (g) (including a decision after a remand under paragraph
    (2)(A)). Such a request shall be made within 30 days of the date of the
    decision of the hearing board. Review by the Board of Directors shall be
    based on the record of the hearing board.

              (2) The Board of Directors shall issue a decision not later

            than 60 days after the date of the request under paragraph (1).

            The decision of the Board of Directors may--

    [[Page 849]]

                      (A) remand to the hearing board the matter before the

                    Board of Directors for the purpose of supplementing the

                    record or for further consideration;

                      (B) reverse the decision of the hearing board and

                    enter a new decision and order in accordance with

                    subsection (h); or

                      (C) direct that the decision and order of the hearing

                    board be considered as the final decision.

      (j) There shall be established in the House of Representatives a fund
    from which compensation (including attorney's fees) may be paid in
    accordance with an order under subsection (h) or (i). From the outset of
    any proceeding in which compensation may be paid from a fund of the
    House of Representatives, the General Counsel of the House of
    Representatives may provide the respondent with representation.

                        SEC. 11. RESOLUTION OF COMPLAINT.

      If, after a formal complaint is filed under section 10, the employee
    and the employing authority resolve the issues involved, the employee
    may withdraw the complaint or the parties may enter into a written
    agreement, subject to the approval of the executive director.

                      SEC. 12. PROHIBITION OF INTIMIDATION.

      Any intimidation of, or reprisal against, any employee of the House by
    any Member, officer, or employee of the House of Representatives because
    of the exercise of a right under this resolution constitutes an unlawful
    employment practice, which may be remedied in the same manner under this
    resolution as is a violation of a law made applicable to the House of
    Representatives under rule LII of the Rules of the House of
    Representatives.

                            SEC. 13. CONFIDENTIALITY.

      (a) All counseling shall be strictly confidential except that the
    Office and the employee may agree to notify the head of the employing
    authority of the allegations.

      (b) All mediation shall be strictly confidential.

      (c) Except as provided in subsection (d), the hearings and
    deliberations of the hearing board shall be confidential.

    [[Page 850]]

      (d) At the discretion of the executive director, the executive
    director may provide to the Committee on Standards of Official Conduct
    access to the records of the hearings and decisions of the hearing
    boards, including all written and oral testimony in the possession of
    the hearing boards, concerning a decision under section 10(g). The
    executive director shall not provide such access until the executive
    director has consulted with the individual filing the complaint at issue
    in the hearing, and until the hearing board has issued the decision.

      (e) The executive director shall coordinate the proceedings with the
    Committee on Standards of Official Conduct to ensure effectiveness, to
    avoid duplication, and to prevent penalizing cooperation by respondents
    in their respective proceedings.

             SEC. 14. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.

      (a) It shall not be a violation of a law made applicable to the House
    of Representatives under rule LII of the Rules of the House of
    Representatives to consider the--

              (1) party affiliation,

              (2) domicile, or

              (3) political compatibility with the employing authority,
    of an employee of the House with respect to employment decisions.

      (b) For purposes of subsection (a), the term ``employee'' means--

              (1) an employee on the staff of the House of Representatives

            leadership,

              (2) an employee on the staff of a committee or subcommittee,

              (3) an employee on the staff of a Member of the House of

            Representatives,

              (4) an officer or employee of the House of Representatives

            elected by the House of Representatives or appointed by a Member

            of the House of Representatives, other than those described in

            paragraphs (1) through (3), or

              (5) an applicant for a position that is to be occupied by an

            individual described in paragraphs (1) through (4).

                SEC. 15. EXCLUSIVITY OF PROCEDURES AND REMEDIES.

      The procedures and remedies under rule LII of the Rules of the House
    of Representatives are exclusive except to the extent that the Rules of
    the House of Representatives and the rules of the Committee on Standards
    of Official Conduct provide for additional procedures and remedies.

                                 SEC. 16. STUDY.

      (a) The Office shall conduct a study--

              (1) of the ways that access by the public to information held

            by the House of Representatives may be improved and streamlined,

            and of the application of section 552 of title 5, United States

            Code to the House of Representatives; and

              (2) of the application of the requirement of section 552a of

            title 5, United States Code, to the House of Representatives.

      (b) The study conducted under subsection (a) shall examine--

              (1) information that is currently made available under such

            section 552 by Federal agencies and not by the House of

            Representatives;

              (2) information held by the nonlegislative offices of the

            House of Representatives, including--

    [[Page 851]]

                      (A) the Director of Non-legislative and Financial

                    Services,

                      (B) the Clerk,

                      (C) the Inspector General,

                      (D) the Sergeant-at-Arms,

                      (E) the Doorkeeper,

                      (F) the United States Capitol Police, and

                      (G) the House Commission on Congressional Mailing

                    Standards;

              (3) financial expenditure information of the House of

            Representatives; and

              (4) provisions for judicial review of denial of access to

            information held by the House of Representatives.

      (c) The Office shall conduct the study prescribed by subsection (a)
    and report the results of the study to the House of Representatives not
    later than one year after the date of the initial appointment of the
    Board of Directors.

      Section 17 of House Resolution 578 of the 103d Congress (Oct. 7, 1994,
    p. ----) made rule LII effective November 1, 1994, provided for rule LII
    to supplant rule LI with the convening of the second session of the
    104th Congress, and provided certain transitional provisions as follows:

                  SEC. 17. EFFECTIVE DATE AND TRANSITION RULES.

      (a) The amendments made by section 1 shall take effect on November 1,
    1994.

      (b) Effective at the beginning of the second session of the One
    Hundred Fourth Congress, rule LI of the Rules of the House of
    Representatives is repealed and rule LII of such Rules is redesignated
    as rule LI and all references to rule LII in sections 2 through 16 of
    this resolution are deemed to be references to rule LI of such Rules.

      (c) Notwithstanding subsection (b), until the beginning of the second
    session of the One Hundred Fourth Congress, the functions under rule LI
    of the Rules of the House of Representatives that are the responsibility
    of the Office of Fair Employment Practices shall continue to be the
    responsibility of that Office.

      (d) Any formal complaint filed under rule LI of the Rules of the House
    of Representatives before the close of the first session of the One
    Hundred Fourth Congress which has not been finally disposed of shall be
    transferred to the Office of Compliance for completion of all pending
    proceedings relating to that complaint. The Office of Compliance may
    make regulations to provide for the orderly transfer and disposition of
    such complaints.

      (e) In appointing staff under section 4(b), the executive director
    should give full consideration to employees of the Office of Fair
    Employment Practices.

    [[Page 852]]
    Congress of the Congressional Accountability Act, whether by enactment
    of the bill H.R. 4822, by incorporation of the text of that bill in
    another measure, or otherwise.
      (f) Sections 1 through 16 and subsections (a) through (e) of this
    section shall have no force or effect upon the enactment by the One
    Hundred Third

      The Congressional Accountability Act of 1995 was signed into law on
    January 23, 1995 (P.L. 104-1; 109 Stat. 3 et seq.).