    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress]
    [105th Congress]
    [House Document 104-272]
    [Rules of the House of Representatives]
    [Pages 317-877]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 317]]

        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 318]]

      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 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 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. ----). In the second session of the 104th
    Congress and the first session of the 105th 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 the balance of the week through
    May 12, after which the convening time would advance to noon on Mondays,
    10 a.m. on Tuesdays and Wednesdays and Thursdays, and 9 a.m. on the
    balance of the week for the remainder of the session (H. Res. 327, Jan.
    3, 1996, p. ----; H. Res. 9, Jan. 7, 1997, 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. 30029; 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 319]]

    (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, 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

      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).

    [[Page 320]]

    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).

    <>   2. He shall preserve order and decorum, and, in case of
    disturbance or disorderly conduct in the galleries, or in the lobby, may
    cause the same to be cleared.

      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

      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., p. 2324). A former Member must
    observe the rules of decorum while on the floor, and the Speaker may
    request the Sergeant-at-Arms to assist him in maintaining such decorum
    (Sept. 17, 1997, p. ----).

      The authority to have the galleries cleared has been exercised but
    rarely (II, 1352; Speaker Albert, Jan. 18, 1972, p. 9). On one occasion,
    acting on the basis of police reports and other evidence, the Speaker
    ordered the galleries cleared before the House convened (May 10, 1972,
    p. 16576) and then informed the House of his decision. In an early
    instance the Speaker ordered the arrest of a person in the gallery; but
    this exercise of power was questioned (II, 1605).

    [[Page 321]]

      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 to any Member of the House, or which would be
    disruptive of the decorum thereof (Sept. 13, 1989, p. 20362; Oct. 16,
    1990, p. 29647; Oct. 1, 1991, p. 24828; Nov. 16, 1995, p. ----; Jan. 3,
    1996, p. ----). The Speaker has disallowed the use of a person on the
    floor as a guest of the House as an ``exhibit'' (Dec. 19, 1995, p. ----;
    Jan. 22, 1996, p. ----). The Speaker may inquire as to a Member's
    intentions, as to the use of exhibits, before conferring recognition to
    address the House (Mar. 21, 1984, p. 6187). In the 101st Congress both
    the Speaker and the Chairman of the Committee of the Whole reinforced
    the Chair's authority to control the use of exhibits in debate,
    distinguishing between the constitutional authority of the House to make
    its own rules and first amendment rights of free speech, and the use of
    all exhibits was prohibited during the consideration of a bill in the
    Committee of the Whole (Oct. 11, 1990, p. 28650).

      At the request of the Committee on Standards of Official Conduct, the
    Speaker announced that (1) all handouts distributed on or adjacent to
    the floor must bear the name of a Member authorizing the distribution;
    (2) the content of such handouts must comport with the standards
    applicable to words used in debate; (3) failure to comply with these
    standards may constitute a breach of decorum and thus give rise to a
    question of privilege; (4) staff are prohibited in the Chamber or rooms
    leading thereto from distributing handouts and from attempting to
    influence Members with regard to legislation; and (5) Members should
    minimize the use of handouts to enhance the quality of debate (Sept. 27,
    1995, p. ----; Mar. 20, 1996, p. ----).

      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).

    [[Page 322]]

      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). It is a breach of decorum
    for a Member to continue to speak beyond the time for which the Member
    has been recognized or yielded to (Mar. 22, 1996, p. ----). Even prior
    to adoption of the rules, the Speaker may maintain decorum by directing
    a Member engaging in such breach of decorum to be removed from the well
    and by directing the Sergeant-at-Arms to present the mace as the
    traditional symbol of order (Jan. 3, 1991, p. 58). A Member's
    comportment may constitute a breach of decorum even though the content
    of that Member's speech is not, itself, unparliamentary (July 29, 1994,
    p. ----). Under this standard the Chair may deny further recognition to
    a Member engaged in unparliamentary debate who ignores repeated
    admonitions by the Chair to proceed in order (unless the Member is
    permitted to proceed by order of the House) (Sept. 18, 1996, p. ----).

    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).

    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 to sign enrolled bills whether or not the House is
    in session.

      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).

    [[Page 323]]

    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. 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

    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).

    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). When enough of a proposition has been
    read to show that it is out of order, the question of order may be
    raised without waiting for the reading to be completed (V, 6886-7; VIII,
    2912, 3378, 3437), though the Chair may decline to rule until the entire
    proposition has been read (Dec. 14, 1973, pp. 41716-18). Questions
    arising during a division are decided peremptorily (V, 5926), and when
    they arise out of any other question must be decided before that
    question (V, 6864). In rare instances the Speaker has declined to rule
    until he has taken time for examination of the question (III, 2725; VI,
    432; VII, 2106; VIII, 2174, 2396, 3475).

    [[Page 324]]

    rule on each question individually (Mar. 28, 1996, pp. ----, ----).
    Where a Member incorrectly demands the ``regular order,'' rather than
    making a point of order to assert that remarks are not confined to the
    question under debate, the Chair may treat the demand as a point of
    order and rule thereon (May 1, 1996, p. ----).
      Debate on a point of order, being for the Chair's information, is
    within the Chair's discretion (see, e.g., V, 6919, 6920; VIII, 3446-
    3448; Jan. 24, 1996, p. ----; Sept. 12, 1996, p. ----). Debate is
    confined to the question of order and may not extend to the merits of
    the proposition against which it lies or to parliamentarily similar
    propositions permitted to remain in the pending bill by waivers of
    points of order (July 18, 1995, p. ----). Members must address the Chair
    and cannot engage in ``colloquies'' on the point of order (Sept. 18,
    1986, p. 24083). To ensure that the arguments recorded on a question of
    order are those actually heard by the Chair before ruling, the Chair
    will not entertain a unanimous consent request to permit a Member to
    revise and extend remarks on a point of order (Sept. 22, 1976, pp.
    31873-74; May 15, 1997, p ----). A Member may raise multiple points of
    order simultaneously, and the Chair may hear argument and

      The Chair is constrained to give precedent its proper influence (II,
    1317; VI, 248). While the Chair will normally not disregard a decision
    of the Chair previously made on the same facts (IV, 4045), such
    precedents may be examined and reversed where shown to be erroneous (IV,
    4637; VI, 639; VII, 849; VIII, 2794, 3435; Sept. 12, 1986, p. 23178).
    The authoritative source for proper interpretations of the rules are
    statements made directly from the Chair and not comments made by the
    Speaker in other contexts (May 25, 1995, p. ----; Sept. 19, 1995, p. --
    --). 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).

    [[Page 325]]

    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). An objection to the use of an exhibit under
    rule XXX is not a point of order on which the Chair must rule but,
    instead, requires that the Chair put the question whether the exhibit
    may be used, on which no debate is in order (July 31, 1996, p. ----).
      The Chair does not decide on the legislative or legal effect of
    propositions (II, 1274, 1323, 1324; VI, 254; VII, 2112; VIII, 2280,
    2841; Mar. 16, 1983, p. 5669), 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), or on the propriety or
    expediency of a proposed course of action (II, 1275, 1325, 1326, 1337;
    IV, 3091-3093, 3127). He is not required to decide a question not
    directly presented by the proceedings (II, 1314), and it is not his duty
    to decide a hypothetical question (VI, 249, 253; Nov. 20, 1989, p.
    30225), including: (1) the germaneness of an amendment not yet offered
    (Dec. 12, 1985, p. 36167; May 5, 1988, p. 9936; May 18, 1988, p. 11404)
    or previously offered and entertained without a point of order (June 6,
    1990, p. 13194); (2) the admissibility under existing Budget Act
    allocations of an amendment not yet offered, particularly where the
    Chair's response might depend on the disposition of a prior amendment on
    which proceedings had been postponed (June 27, 1994, p. ----); (3) the
    admissibility under clause 2 of rule XXI of an amendment already
    pending, against which all points of order had been waived (July 27,
    1995, p. ----); and (4) the admissibility of an amendment at a future
    date, pending a ruling of the Chair on its immediate admissibility (June
    25, 1997, p. ----). The Chair does not take cognizance of complaints
    relating to pairs (VIII, 3087). He passes on the validity of conference
    reports (V, 6409, 6410, 6414-6416; VIII, 3256, 3264), but not on the
    sufficiency of the accompanying statements as distinguished from the
    form (V, 6511-6513), or on the question of whether a conference report
    violates instructions of the House (V, 6395; VIII, 3246). As to reports
    of committees, he does not decide as to their sufficiency (II, 1339, IV,
    4653), or whether the committee has followed

      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, the Chair may make such
    technical or parliamentary corrections or insertions in transcript as
    may be necessary to conform to rule, custom, or precedent); see also H.
    Res. 330, 101st Cong., Feb. 7, 1990, p. 1515, and report of House
    Administration Task Force on Record inserted by Speaker Foley, Oct. 27,
    1990, p. 37124]). However, the Chair ruled that the requirement of
    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 326]]

      In interpreting the language of a special order adopted by the House,
    the Chair will not look behind the unambiguous language of the
    resolution itself (June 18, 1986, p. 14267). Questions concerning
    informal guidelines of the Committee on Rules for advance submission of
    amendments for possible inclusion under a ``modified closed'' rule may
    not be raised under the guise of parliamentary inquiry (May 5, 1988, p.
    9938). Because the Chair refrains from issuing advisory opinions on
    hypothetical or anticipatory questions of order, the Chair will not
    interpret a special order before it is adopted by the House (Oct. 14,
    1986, p. ----; Nov. 18, 1993, p. ----; July 27, 1995, p. ----; Jan. 5,
    1996, p. ----; Mar. 28, 1996, p. ----). Thus, the Chair has declined to
    identify provisions in a bill as ostensible objects of a waiver in the
    pending resolution providing a special order for that bill (Oct. 19,
    1995, pp. ----, ----; Oct. 26, 1995, p. ----; Mar. 28, 1996, p. ----);
    or to determine whether a bill, for which the pending resolution
    provides a special order waiving any requirement for a three-fifths vote
    on passage, actually ``carries'' a Federal income tax rate increase
    (Oct. 26, 1995, p. ----). The Chair will not compare the text made in
    order by a pending special order as original text for further amendment
    with the text reported by the committee of jurisdiction (Oct. 19, 1995,
    p. ----). Similarly, the Chair will not issue an advisory opinion on how
    debate on a pending resolution will bear on the Chair's ultimate
    interpretation of the resolution as an order of the House (Sept. 18,
    1997, p. ----).

      Recognition for parliamentary inquiry lies in the discretion of the
    Chair (VI, 541; Apr. 7, 1992, p. ----). 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).
    The Chair may take a parliamentary inquiry under advisement, especially
    where not related to the pending proceedings (VIII, 2174; Apr. 7, 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. ----;
    Jan. 3, 1996, p. ----).

      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). The Chair will neither 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. ----) nor respond to inquiry as to the
    veracity of remarks in debate (June 5, 1996, p. ----). The Chair has
    declined to answer parliamentary inquiries requiring the Chair to
    reexamine and explain the validity of a prior ruling (Oct. 26, 1995, p.
    ----); requiring the Chair to judge the accuracy of the content of an
    exhibit (Nov. 10, 1995, p. ----); and requiring the Chair to indicate
    which side of the aisle has failed under the Speaker's guidelines to
    clear a unanimous-consent request (Feb. 1, 1996, p. ----). The Chair may
    clarify a prior response to a parliamentary inquiry (July 31, 1996, p.
    ----).

      The Speaker rarely submits a question directly to the House for its
    decision (IV, 3173, 3282, 4930; V, 5014, 5323, 6701; VI, 49; Speaker
    Longworth, Apr. 8, 1926, p. 7148), 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).

    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). While a decision of the
    Chair on a point of order is subject to appeal on demand of any Member,
    a Member cannot secure a recorded vote on a point of order absent an
    appeal and the Chair's putting the question thereon (June 20, 1996, p.
    ----).

    [[Page 327]]

    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 a former version
    of 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); 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); or from the Chair's determination that a Member's time
    in debate has expired (Mar. 22, 1996, p. ----).
      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

      An appeal may be entertained from a decision of the Chair on the
    propriety of an exhibit (Nov. 16, 1995, p. ----); that a Member has
    engaged in personalities in debate (Sept. 28, 1996, p. ----); or that an
    amendment proposes to change a portion of the bill already passed in the
    reading (Sept. 25, 1997, p. ----). 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 in
    the House, 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 328]]

    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. A recorded vote taken pursuant to this paragraph shall
    be considered a vote by the yeas and nays. 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 penultimate sentence of this paragraph, providing
    that a recorded vote taken pursuant thereto shall be considered a vote
    by the yeas and nays, was added in the 105th Congress (H. Res. 5, Jan.
    7, 1997, p. ----).

    [[Page 329]]

    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.
      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

      One of the suppositions on which parliamentary law is founded is that
    the Speaker will not betray his duty to make an honest count on a
    division (V, 6002) and the integrity of the Chair in counting a vote
    should not be questioned in the House (VIII, 3115; July 11, 1985, p.
    18550), 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).

    [[Page 330]]

      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. ----).

      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).

    Sec. 630b. Former ordering of tellers and taking of the
    vote.

      Under  the precedents recorded before the abolition of tellers, it was
    the duty of the Member to serve as teller when appointed by the Chair
    (V, 5987); but when Members of one side had declined, the second teller
    was appointed from the other side (V, 5988) or the position was left
    vacant (V, 5989). A Delegate could have been appointed teller (II,
    1302). Where there was doubt as to the count by tellers, the Chair could
    have ordered the vote taken again (V, 5991; July 19, 1946, p. 9466), but
    this must have been done before the result was announced (V, 5993-5995;
    VIII, 3098). The Chair could have counted without passing between the
    tellers (V, 5996, 5997; VIII, 3100, 3101).

    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;

    [[Page 331]]

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

          (E) the question of agreeing to a motion to recommit a bill
    considered pursuant to clause 4 of rule XIII;

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

          (G) the question of agreeing to an amendment to a bill considered
    pursuant to clause 4 of rule XIII; and

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

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

      (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.

    [[Page 332]]

    disposition of all such questions, previously
    undisposed of, in the order in which the questions were considered.

      (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

      Paragraph (b) was added in the 96th Congress (H. Res. 5, Jan. 15,
    1979, p. 7), and paragraph (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 paragraph
    (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
    paragraph (b)(1) in the 101st Congress (H. Res. 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. ----). In the 105th Congress paragraph (b)(1) was
    amended to enable postponement of certain questions during consideration
    of bills called from the Corrections Calendar, i.e., agreeing to an
    amendment, ordering the previous question on a motion to recommit, and
    agreeing to a motion to recommit (H. Res. 5, Jan. 7, 1997, p. ----).

      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).

    [[Page 333]]

    the order in which the motions had
    been entered (June 4, 1974, pp. 17521-47). Clause 5(b) does not require
    the Chair's customary announcement at the beginning of consideration of
    motions to suspend the rules that the Chair intends to postpone possible
    rollcall votes (Nov. 14, 1995, p. ----).
      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 a
    quorum is not present, that the point of order is considered as
    withdrawn, since the Chair is no longer putting the question (May 16,
    1977, p. 14785). At the conclusion of debate on all motions to suspend
    the rules on a legislative day, the Speaker announces that he will put
    the question on each motion on which further proceedings have been
    postponed--either de novo if objection to the vote has been made under
    clause 4 of rule XV or for a ``yea and nay'' or recorded vote if
    previously ordered by the House in

      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 334]]

    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. ----). When the House adjourns on the
    second legislative day after postponement of a question under this
    clause without resuming proceedings thereon, the question remains the
    unfinished business on the next legislative day (Oct. 1, 1997, p. ----).

      Following the first postponed vote on motions to suspend the rules,
    the Speaker may in his discretion reduce to not less than 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 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 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; July 22, 1996, p. ----).
    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

    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.

      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. 30229). 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 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).

    [[Page 335]]

    tions 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. 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 resolu-

    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).

      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.

    [[Page 336]]

    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 elected under
    clause 7 of rule I may in turn designate another Member to act as
    Speaker pro tempore on a day certain (II, 1384; VI, 275, Feb. 23, 1996,
    p. ----). 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).

      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

    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 applicable
    accounts of the House described in clause 1(h)(1) of rule X on vouchers
    solely approved and signed by the Speaker. However, expenses may not be
    paid from the applicable accounts of the House described in clause
    1(h)(1) of rule X 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.

    [[Page 337]]

    to update archaic references to the ``contingent fund'' (H. Res.
    5, Jan. 7, 1997, p. ----). 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.

      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). In the 105th Congress this clause was
    amended

    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.

      (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 news media, the storage of audio and video recordings of the
    proceedings, and the closed captioning of the proceedings for hearing-
    impaired individuals.

    [[Page 338]]

    Television Correspondents' Galleries shall be provided access to the
    live coverage of the House of Representatives.
      (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

      (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. 39).

    [[Page 339]]

    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 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

      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.

    [[Page 340]]

      This clause was added in the 101st Congress (H. Res. 5, Jan. 3, 1989,
    p. 72). An earlier form of this clause provided for the seven-year
    establishment of an Office for the Bicentennial to coordinate the
    commemoration of the two-hundredth anniversary of the House of
    Representatives (H. Res. 621, 97th Cong., Dec. 17, 1982, p. 31951). The
    management, supervision, and administration of the Office was under the
    direction of the Speaker and was staffed by a professional historian
    appointed by the Speaker on a non-partisan basis. In 1984 the Office of
    the Bicentennial was removed from the standing rules and established by
    law for the remainder of its existence in P.L. 98-367 (2 U.S.C. 29c).

    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.

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

    [[Page 341]]

    employee of the House, and otherwise shall be
    comparable in scope to the system for drug testing in the executive
    branch pursuant to Executive Order 12564 (Sept. 15, 1986). The expenses
    of the system may be paid from applicable accounts of the House for
    official expenses.

    Sec. 634g. Drug testing in the House.

      13.  The Speaker, in
    consultation with the Minority Leader, shall develop through an
    appropriate entity of the House a system for drug testing in the House
    of Representatives. The system may provide for the testing of any
    Member, officer, or

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 341-342]
    [DOCID:hrmanual-62]

      This clause was added in the 105th Congress (H. Res. 5, Jan. 7, 1997,
    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.

    [[Page 342]]

    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.
      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

      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 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).

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 343-348]
    [DOCID:hrmanual-63]

    [[Page 343]]

      The House has declined to interfere with the Clerk's power of removing
    his subordinates (I, 249). Employees under the clerk and other officers
    are to be assigned only to the duties for which they are appointed (V,
    7232). The Sergeant-at-Arms having died, the Clerk was elected by the
    House to serve temporarily also as Sergeant-at-Arms without additional
    compensation (July 8, 1953, p. 8242). The Legislative Reorganization Act
    of 1946 (2 U.S.C. 75a-1) authorizes the Speaker to fill temporary
    vacancies in the offices of Clerk, Sergeant-at-Arms, Chief
    Administrative Officer, and Chaplain. A former version of the Act also
    permitted temporary appointments to the former offices of Doorkeeper and
    Postmaster. The Speaker has exercised his authority to fill temporary
    vacancies in the offices of Sergeant-at-Arms (Jan. 6, 1954, p. 8; June
    30, 1972, p. 23665; Feb. 28, 1980, p. 4350; and Mar. 12, 1992, p. ----),
    Clerk (Nov. 15, 1975, p. 36901), Chaplain (Mar. 14, 1966, p. 5712),
    Doorkeeper (Dec. 20, 1974, p. 41855), and Chief Administrative Officer
    (Jan. 9, 1997, p. ----). A resolution electing a House officer is
    presented as a question of privilege (July 31, 1997, p. ----).

                                    Rule III.

                              duties of the clerk.

    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. Since the 97th Congress, for example, the House has
    permitted by unanimous consent the alphabetical roll call of Members by
    States to be conducted by electronic device to establish a quorum (Jan.
    5, 1981, pp. 93-96). For a discussion of procedure in the House before
    the adoption of rules, including the procedure by which the Clerk
    conducts the election of the Speaker, see Sec. Sec. 27 and 60, supra.

      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).

    [[Page 344]]

    serve order (I, 101); but usually such action has not been taken,
    although an occasion might arise to make it necessary (I, 76, 77).
      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 pre-

    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 345]]

    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 as may be requested by such State officials; 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 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

      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 at
    the beginning of the 104th Congress (sec. 223(f), H. Res. 6, Jan. 4,
    1995, p. ----). Later in the 104th Congress the requirement to send a
    printed copy of the Journal to each branch of every State legislature
    was changed to an authorization to send such copies on request (H. Res.
    254, Nov. 30, 1995, p. ----).

    [[Page 346]]

      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).

    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, and shall be
    laid before the House and entered on the Journal.

      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.

    [[Page 347]]

    designation of a Clerk pro tempore
    (VI, 26). Instance of Clerk serving temporarily also as Sergeant-at-Arms
    (July 8, 1953, p. 8242).

    <>   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

      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).

    [[Page 348]]

    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 current
    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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 348-351]
    [DOCID:hrmanual-64]

      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.

    [[Page 349]]

    House, and all processes issued by authority thereof, directed to
    him by the Speaker.

    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

      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 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. 25435). 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. ----).

      The Sergeant-at-Arms is authorized to make payments from the
    contingent fund of the House (now referred to as ``applicable accounts
    of the House described in clause 1(h)(1) of rule X''), 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).

    [[Page 350]]

    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).

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

      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

      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.

    [[Page 351]]

      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. 650b. Semiannual reports.

      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.

    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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 351-353]
    [DOCID:hrmanual-65]

      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 Committee on House Oversight, and shall be
    subject to the policy direction and oversight of the Committee on House
    Oversight.-

    [[Page 352]]

    mittee 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.

    Sec. 651b. Semiannual reports.

      2.  In addition to any other
    reports required by the Committee on House Oversight, the Chief shall
    report to the Com-

    Sec. 651c. Cooperation with others.

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

      This form of rule V was adopted in the 104th Congress (sec. 201(c), H.
    Res. 6, Jan. 4, 1995, p. ----). It was amended in the 105th Congress to
    eliminate the supervisory role of the Speaker over the Chief
    Administrative Officer (H. Res. 5, Jan. 7, 1997, p. ----). 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.).

    [[Page 353]]

    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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 353-355]
    [DOCID:hrmanual-66]

    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;

    [[Page 354]]

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

              (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, the Minority 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

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

      This form of rule VI was adopted at the beginning of the 104th
    Congress (sec. 201(c), H. Res. 6, Jan. 4, 1995, p. ----). Later in the
    104th Congress it was amended to effect a technical correction (H. Res.
    254, Nov. 30, 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.

    [[Page 355]]

    Sec. Sec. 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.
    ----).
      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,

      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. ----).

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 355-356]
    [DOCID:hrmanual-67]

    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 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. ----).

                                    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.

    [[Page 356]]

    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).
      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

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 356-358]
    [DOCID:hrmanual-68]

      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.

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

      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).

    [[Page 357]]

    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; July 30, 1996, p. ----),
    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).

    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). The weight of authority
    also favors the idea that there is no authority in the House to deprive

      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).

    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 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. 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.

    [[Page 358]]

    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.
      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

      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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 359-372]
    [DOCID:hrmanual-69]

    [[Page 359]]

      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.

    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 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.

    [[Page 360]]

    (B) the Majority Leader or the Minority Leader or a designee, as determined
    by the Speaker.
      (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) 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. ----).

    Sec. 662. Questions of privileges of the House.

      The  body of
    precedent relating to questions of privilege includes rulings that span
    the adoption of standing rule IX in 1880.

    [[Page 361]]

    resolution declaring vacant the office of Speaker is presented as a
    matter of high constitutional privilege (VI, 35). For further discussion
    with respect to the organization of the House and the title of its
    Members to seats, see Sec. Sec. 18-30, 46-51, 56, and 58-60, supra.

    Sec. 662a. Questions relating to
    organization.

      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 temporary seating of a certified Member-elect
    pending determination of final right notwithstanding prior House action
    declining to seat either claimant (Feb. 7, 1985, p. 2220; Mar. 4, 1985,
    p. 4277). A resolution electing a House officer is presented as a
    question of privilege (July 31, 1997, p. ----). A

    Sec. 662b. Questions relating to constitutional
    prerogatives.

      The  privileges of the House, as distinguished from that of
    the individual Member, include questions relating to its constitutional
    prerogatives in respect to revenue legislation and appropriations (see,
    e.g., II, 1480-1501; VI, 315; Nov. 8, 1979, pp. 31517-18; Oct. 1, 1985,
    p. 25418; June 16, 1988, p. 14780; June 21, 1988, p. 15425; Aug. 12,
    1994, p. ----). For a more thorough record of revenue bills returned to
    the Senate, see Sec. 102, supra. Such a question of privilege may be
    raised at any time when the House is in possession of the papers (June
    20, 1968, Deschler's Precedents, vol. 3, ch. 13, sec. 14.2; Aug. 19,
    1982, p. 22127), but not otherwise (Apr. 6, 1995, p. ----). The
    constitutional prerogatives of the House also include its function with
    respect to treaties (II, 1502-1537); impeachments and matters incidental
    thereto (see Sec. 604, supra); 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); and questions relating to legal
    challenges involving the prerogatives of the House (Jan. 29, 1981, p.
    1304; Mar. 30, 1982, p. 5890), including a resolution responding to a
    court challenge to the prerogative of the House to establish a Chaplain
    (Mar. 30, 1982, p. 5890). For a discussion of the relationship of the
    House and its Members to the courts, see Sec. Sec. 290-291b, supra.

    [[Page 362]]

      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). For example, 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). Similarly, neither the enumeration of legislative powers in
    article I of the Constitution nor the prohibition in the seventh clause
    of section 9 of that article against any withdrawal from the Treasury
    except by enactment of an appropriation renders a measure purporting to
    exercise or limit the exercise of those powers a question of the
    privileges of the House, because rule IX is concerned not with the
    privileges of the Congress, as a legislative branch, but only with the
    privileges of the House, as a House (Speaker Gingrich, Feb. 7, 1995, p.
    ----; Dec. 22, 1995, p. ----; Jan. 3, 1996, p. ----; Jan. 24, 1996, p.
    ----; Feb. 1, 1996, p. ----). On the other hand, an extraordinary
    question relating to the House vote required by the Constitution to pass
    a joint resolution extending the ratification period of a proposed
    Constitutional amendment was raised as a question of privilege where the
    House had not otherwise made a separate determination on that procedural
    question and where consideration of the joint resolution had been made
    in order (Speaker O'Neill, Aug. 15, 1978, pp. 26203-04).

    Sec. 662c. Questions relating to official
    conduct.

      The  privileges of the House include certain questions relating to
    the conduct of Members, officers, and employees (see, e.g., I, 284, 285;
    III, 2628, 2645-2647). Under that standard, the following resolutions
    have been held to constitute questions of the privileges of the House:
    (1) a resolution directing the Committee on Standards of Official
    Conduct to investigate illegal solicitation of political contributions
    in the House Office Building by unnamed sitting Members (July 10, 1985,
    p. 18397); (2) a resolution establishing an ad hoc committee to
    investigate allegations of ``ghost'' employment in the House (Apr. 9,
    1992, p. ----); (3) a resolution to further investigate the conduct of a
    Member on which it has reported to the House (Aug. 5, 1987, p. 22458);
    (4) a resolution directing the Committee on Standards of Official
    Conduct to report to the House the status of an investigation pending
    before the committee (Nov. 17, 1995, p. ----; Nov. 30, 1995, p. ----);
    (5) a resolution appointing an outside counsel (Sept. 19, 1996, p. ----;
    Sept. 24, 1996, p. ----); (6) a resolution to commit other matters to an
    outside counsel already appointed by the committee (June 27, 1996, p. --
    --); (7) a resolution directing the committee to release the report of
    an outside counsel (Sept. 19, 1996, p. ----; Sept. 24, 1996, p. ----);
    (8) a resolution making allegations concerning the propriety of
    responses by officers of the House to court subpoenas for papers of the
    House without notice to the House, and directions to a committee to
    investigate such allegations (Feb. 13, 1980, pp. 2768-69); (9) a
    resolution making allegations of improper representation by counsel of
    the legal position of Members in a brief filed in the Court and
    directions for withdrawal of the brief (Mar. 22, 1990, p. 4996); (10) a
    resolution making allegations of unauthorized actions by a committee
    employee to intervene in judicial proceedings (Feb. 5, 1992, p. ----);
    (11) a resolution directing the Clerk to notify interested parties that
    the House regretted the use of official resources to present to the
    Supreme Court of Florida a legal brief arguing the unconstitutionality
    of Congressional term limits, and that the House had no position on that
    question (Nov. 4, 1991, p. 29968); and (12) a resolution alleging a
    chronology of litigation relating to the immunity of a Member from civil
    liability for bona fide official acts and expressing the views of the
    House thereon (May 12, 1988, p. 10574). For a discussion of disciplinary
    resolutions meting out punishment for violations of standards of
    official conduct, which constitute questions of the privileges of the
    House, see Sec. Sec. 62-66, supra.

    [[Page 363]]

    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 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

    [[Page 364]]

    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. 25435); instructing the Committee on
    Standards of Official Conduct to disclose

      In the 105th Congress a 12-member bipartisan task force appointed by
    the Majority and Minority Leaders conducted a comprehensive review of
    the House ethics process. During the deliberations of the task force,
    the House imposed a moratorium on raising certain questions of privilege
    under this rule with respect to official conduct and on the filing or
    processing of ethics complaints. The moratorium was imposed in the
    expectation that the recommendations of the task force would include
    rules changes relating to establishment and enforcement of standards of
    official conduct for Members, officers, and employees of the House (Feb.
    12, 1997, p. ----). The moratorium was extended through September 10,
    1997 (July 30, 1997, p. ----). The task force recommendations ultimately
    were adopted with certain amendments (H. Res. 168, Sept. 18, 1997, p. --
    --).

    Sec. 662d. Questions relating to integrity of
    proceedings.

      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). Privileges of
    the House also include: (1) resignation of a Member from a select or
    standing committee (Speaker Albert, June 16, 1975, p. 19054; Speaker
    O'Neill, Mar. 8, 1977, pp. 6579-82); (2) newspaper charges affecting the
    honor and dignity of the House (VII, 911); and (3) the conduct of
    representatives of the press (II, 1630, 1631; III, 2627; VI, 553).

      Admission to the floor of the House constitutes a question of
    privilege (III, 2624-2626), including a resolution alleging indecorous
    behavior of a former Member and instructing the Sergeant-at-Arms to ban
    the former Member from the floor, and rooms leading thereto, until the
    resolution of a contested election to which he was party (H. Res. 233,
    Sept. 18, 1997, p. ----).

    [[Page 365]]

    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 accuracy and propriety of reports in the Congressional Record also
    constitute a question of privileges of the House (V, 7005-7023; VIII,
    3163, 3461, 3463, 3464, 3491, 3499; Apr. 20, 1936, p. 5704; May 11,
    1936, p. 7019; May 7, 1979, pp. 10099-100), including: (1) 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); (2) 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 (3) resolutions addressing whether the Record should constitute a
    verbatim transcript (May 8, 1985, p. 11072; Feb. 7, 1990, p. 1515).
    Although a motion to correct the Congressional Record based on improper
    alterations or insertions may

      The protection of House records constitutes a question of the
    privileges of the House, especially when records are demanded by the
    courts (III, 2604, 2659, 2660-2664; VI, 587; Sept. 18, 1992, p. ----;
    see also Sec. 291, supra). Privileges of the House involving records
    also include: (1) a resolution furnishing certain requested information
    to an Independent Counsel investigating covert arms transactions with
    Iran (June 4, 1992, p. ----); (2) a resolution responding to a request
    of a law enforcement official regarding the timing of the public release
    of official papers of the House (July 22, 1993, p. ----); (3) a
    resolution directing a committee to investigate press publication of a
    report that the House had ordered not to be released (Speaker Albert,
    Feb. 19, 1976, p. 3914); and (4) a resolution directing the public
    release of transcripts and other relevant documents relating to an
    investigation by the Committee on House Administration's Task Force to
    investigate the operation and management of the Office of the Postmaster
    unless two designees of the bipartisan leadership agreed to the contrary
    (June 9, 1994, p. ----).

      A question regarding the accuracy of House documents constitutes a
    question of privileges of the House (V, 7329), including: (1) a
    resolution asserting that a printed transcript of joint subcommittee
    hearings contained unauthorized alterations of the statements of
    subcommittee members in the prior Congress and that unauthorized
    alterations may have occurred in other committee hearing transcripts,
    and proposing the creation of a select committee to investigate and
    report back by a date certain (June 29, 1983, p. 18279); (2) a
    resolution alleging the unauthorized creation and falsification of
    documents distributed to the general public at a committee hearing and
    resolving that the Speaker take appropriate measures to ensure the
    integrity of the legislative process and report his actions and
    recommendations to the House (Oct. 25, 1995, p. ----); and (3) a
    resolution requesting the Senate to return a House-passed bill and
    accompanying papers to the House if an error had been made by the Clerk
    in preparing the message to the Senate (Oct. 1, 1982, p. 27172). The
    privileges of the House also include: (1) the integrity of its Journal
    (II, 1363; III, 2620) and messages (III, 2613); (2) unreasonable delay
    in transmitting an enrolled bill to the President (Oct. 8, 1991, p.
    25761); and (3) a concurrent resolution directing the Clerk of the House
    and the Secretary of the Senate to produce official duplicates of
    certain legislative papers (Oct. 5, 1992, p. ----).

    [[Page 366]]

    for the audio and visual broadcast
    coverage of the Chamber while Members are voting has been held to
    present a question of the privileges of the House, because clause 9 of
    rule I requires complete and unedited audio and visual coverage of House
    proceedings and coverage of rollcall votes had not been implemented
    (Apr. 30, 1985, p. 9821).
      A resolution alleging that the Chair had improperly ordered the
    interruption of audio broadcast coverage of certain House proceedings
    constitutes a question of privileges of the House (Mar. 17, 1988, p.
    4180), as does a resolution providing for an experiment in the
    telecasting and broadcasting of House proceedings (Speaker O'Neill, Mar.
    15, 1977, pp. 7607-08). Similarly, a resolution authorizing and
    directing the Speaker to provide

      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.

    Sec. 662e. Questions relating to comfort and
    convenience.

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

    [[Page 367]]

    frain from similar invitations, was held not to present
    a question of the privileges of the House because it proposed a
    collateral change in an order of the House previously adopted (that the
    House recess for the purpose of receiving the President of France) and a
    new rule for future cases (Jan. 31, 1996, p. ----). 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 resolution directing that
    the party ratios of all standing committees, subcommittees, and staffs
    thereof be changed within a time certain to reflect overall party ratios
    in the House was held to constitute a change in the rules of the House
    and not to constitute a proper question of the privileges of the House
    (the standing rules already providing mechanisms for selecting committee
    members and staff) (Jan. 23, 1984, p. 78). On the other hand, although
    the rules of the House establish a procedure for fixing the ratio of
    majority to minority members on full committees and also provide that
    subcommittees are subject to the direction and control of the full
    committee (clause 1(b) of rule XI), a question of the privileges of the
    House is raised where it is alleged that subcommittee ratios should
    reflect full committee ratios established by the House and failure to do
    so denies representational rights at the subcommittee level (Oct. 4,
    1984, p. 30042). A resolution alleging that a recitation of the pledge
    of allegiance at the start of each legislative day would enhance the
    dignity and integrity of the proceedings of the House and directing that
    the Speaker implement such a recitation as the practice of the House was
    held to propose a change in the rules and therefore not to give rise to
    a question of the privileges of the House (Sept. 9, 1988, p. 23298). A
    resolution directing that the reprogramming process established in law
    for Legislative Branch appropriations be subjected to third-party review
    for conformity with external standards of accounting but alleging no
    deviation from duly constituted procedure was held not to give rise to a
    question of the privileges of the House (Speaker Foley, sustained by
    tabling of appeal, May 20, 1992, p. ----).

    Sec. 662f. May not effect change in rules.

      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 or standing orders of
    the House or their interpretation (Speaker O'Neill, Dec. 6, 1977, pp.
    38470-73; Sept. 9, 1988, p. 23298; July 30, 1992, p. ----; Jan. 31,
    1996, 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 the
    order of precedence of motions) (Speaker Wright, Aug. 3, 1988, p.
    20281). Similarly, a resolution alleging that, in light of an
    internationally objectionable French program of nuclear test
    detonations, for the House to receive the President of France in a Joint
    Meeting would be injurious to its dignity and to the integrity of its
    proceedings, and resolving that the Speaker withdraw the pending
    invitation and re-

    [[Page 368]]

    See also Sec. 662a, supra, for a discussion of legislative propositions
    purporting to present questions of the privileges of the House.
      A question of the privileges of the House may not be invoked to
    prescribe a special order of business for the House, because otherwise
    any Member would be able to attach privilege to a legislative measure
    merely by alleging impact on the dignity of the House based upon House
    action or inaction (Speaker Albert, June 27, 1974, p. 21596; July 31,
    1975, p. 26250; Dec. 22, 1996, p. ----; Jan. 3, 1996, p. ----; Jan. 24,
    1996, p. ----). For example, a resolution alleging that the inability of
    the House to enact certain legislation constituted an impairment of the
    dignity of the House, the integrity of its proceedings, and its place in
    public esteem, and resolving that the House be considered to have passed
    such legislation, does not give rise to a question of the privileges of
    the House (Jan. 3, 1996, p. ----; Jan. 24, 1996, p. ----). Similarly, a
    resolution precluding an adjournment of the House until a specified
    legislative measure is considered does not constitute a question of the
    privileges of the House (Feb. 1, 1996, p. ----).

    Sec. 662g. As distinct from privileged questions.

      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
    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) (see Sec. 662b, supra).

      A resolution that presents a proper question of the privileges of the
    House (alteration of subcommittee hearing transcripts) may propose the
    creation of a select investigatory committee with subpoena authority to
    report back to the House by a date certain (June 29, 1983, p. 18104),
    but may not appropriate funds for the investigating committee from the
    contingent fund (now referred to as ``applicable accounts of the House
    described in clause 1(h)(1) of rule X'') (VI, 395).

    [[Page 369]]

    connected with the Member's representative
    capacity, was also held to involve a question of privilege (II, 1624).
    But there has been doubt as to the right of the House to interfere for
    the protection of Members, who outside the Hall, get into difficulties
    not connected with their official duties (II, 1277; III, 2678;
    footnote). Charges against the conduct of a Member are held to involve
    privilege when they relate to his representative capacity (III, 1828-
    1830, 2716; VI, 604, 612; VIII, 2479); but when they relate to conduct
    at a time before he became a Member they have not been entertained as of
    privilege (II, 1287; III, 2691, 2723, 2725). While questions of personal
    privilege normally involve matters touching on a Member's reputation, a
    Member may be recognized for a question of personal privilege based on a
    violation of his rights as a Member, such as unauthorized printed
    alterations in his statements made during a subcommittee hearing in a
    prior Congress (since the second phrase of this clause speaks to the
    ``rights, reputation, and conduct of Members, individually'') (June 28,
    1983, p. 17674). A printed characterization by an Officer of the House
    of a Member's proposed amendments as ``dilatory and frivolous'' may give
    rise to a question of personal privilege (Aug. 1, 1985, p. 22542) as may
    the fraudulent use of a Member's official stationery as a ``dear
    colleague'' letter (Sept. 17, 1986, p. 23605). While a Member may be
    recognized on a question of personal privilege to complain about an
    abuse of House rules as applied to debate in which he was properly
    participating, he may not raise a question of personal privilege merely
    to complain that microphones had been turned off during disorderly
    conduct following expiration of his recognition for debate (Mar. 16,
    1988, p. 4085).

    Sec. 663. Questions of personal privilege.

      The  privilege of
    the Member rests primarily on the Constitution, which gives to him a
    conditional immunity from arrest (Sec. 90, supra) and an unconditional
    freedom of debate in the House (III, 2670, Sec. 92, supra). A menace to
    the personal safety of Members from an insecure ceiling in the Hall was
    held to involve a question of the highest privilege (III, 2685); and an
    assault on a Member within the Capitol when the House was not in
    session, from a cause not

      Speaker Wright rose to a question of personal privilege to respond to
    a ``statement of alleged violations'' pending in the Committee on
    Standards of Official Conduct; and, pending the committee's disposition
    of his motion to dismiss, announced his intention to resign as Speaker
    and as a Member (May 31, 1989, p. 10440). Speaker Gingrich rose to a
    question of personal privilege to discuss his own official conduct
    previously resolved by the House, which question was based upon press
    accounts (Apr. 17, 1997, p. ----). A Member rose to a question of
    personal privilege to discuss his own official conduct relative to his
    account with the ``bank'' operated by the Sergeant-at-Arms, which
    question was based on press accounts (Mar. 19, 1992, p. ----).

    [[Page 370]]

    sponses in an interview (III, 2707, 2708; Aug. 3,
    1990, p. 22135), have not been entertained. A question of personal
    privilege may not ordinarily be based merely on words spoken in debate
    (July 23, 1987, p. 20861; Mar. 16, 1988, p. 4085; Nov. 16, 1989, p.
    29569; Sept. 25, 1996, p. ----). However, a Member may raise a question
    of personal privilege based upon press accounts of another Member's
    remarks, in debate or off the floor, which impugn his character or
    motives (May 15, 1984, pp. 12207 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).

      A distinction has been drawn between charges made by one Member
    against another in a newspaper or in a press release (July 28, 1970, p.
    26002) or in a ``Dear Colleague'' letter (Aug. 4, 1989, p. 19139; May
    14, 1996, p. ----), and the same when made on the floor (III, 1827,
    2691, 2717). Charges made in newspapers against Members in their
    representative capacities involve privilege (III, 1832, 2694, 2696-2699,
    2703, 2704; VI, 576, 621; VIII, 2479), even though the names of
    individual Members are not given (III, 1831, 2705, 2709; VI, 616, 617).
    But vague charges in newspaper articles (III, 2711; VI, 570), criticisms
    (III, 2712-2714; VIII, 2465), or even misrepresentations of the Member's
    speeches or acts or re-

    Sec. 665. Precedence of privileges of the House.

      The  body of
    precedent relating to the precedence of questions of privilege spans
    both the adoption of standing rule IX in 1880 and its amendment to
    require notice in certain cases in 1993.

    [[Page 371]]

    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 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. 665a. Precedence of questions of privileges of
    House.

      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. 18916). While a
    resolution raising a question of the privileges of the House has
    precedence over all other questions, it is nevertheless

    Sec. 665b. 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. A proper question of privilege may be renewed
    (Nov. 17, 1995, p. ----). 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).

    [[Page 372]]

    Sec. 665c. Questions of privilege in relation to
    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.

      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 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. ----).

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 373-473]
    [DOCID:hrmanual-70]

    [[Page 373]]

      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 three
    calendar days prior to their consideration (Speaker Albert, July 13,
    1971, pp. 24720-23). But a Member may not, as matter of right, require
    the reading of a book or paper on suggesting that it contains matter
    infringing on the privileges of the House (V, 5258). In presenting a
    question of personal privilege the Member is not required in the first
    instance to offer a motion or resolution, but he must take this
    preliminary step in raising a question of general privileges (III, 2546,
    2547; VI, 565-569; VII, 3464). A proposition of privilege may lose its
    precedence by association with a matter not of privilege (III, 2551; V,
    5890; VI, 395). Debate on a question of privilege is under the hour rule
    (V, 4990; VIII, 2448), but the previous question may be moved (II, 1256;
    V, 5459, 5460; VIII, 2672); since the 103d Congress, however, the rule
    has provided for divided control of the hour in the case of a resolution
    offered from the floor. Consideration of a resolution as a question of
    the privileges of the House has included an hour of debate on a motion
    to refer under clause 4 of rule XVI; a separate hour of debate on the
    resolution, itself, under clause 2 of rule 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).

                                     Rule X.

             establishment and jurisdiction of standing committees.

                      The Committees and Their Jurisdiction

    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.

    [[Page 374]]

    merly Armed Services), and Science (formerly Science,
    Space, and Technology (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. ----).
      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 (for-

      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).

      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 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).

      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. ----).

    [[Page 375]]

    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).
      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

      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.

    [[Page 376]]

          (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.

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

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

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

    [[Page 377]]

      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),
    and establishment of a highway commission (IV, 4153); to discourage
    fictitious and gambling transactions in farm products (IV, 4161; VII,
    1861); to regulate the transportation, sale, and handling of dogs and
    cats intended for use in research and the licensing of animal research
    facilities (July 29, 1965, p. 18691); and to designate an agricultural
    research center (May 14, 1996, p. ----). The Committee shares with the
    Committee on the Judiciary original jurisdiction over a bill
    comprehensively amending the Immigration and Nationality Act and
    including food stamp eligibility requirements for aliens (Sept. 19,
    1995, p. ----).

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

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

      (b) Committee on Appropriations.

    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.

    [[Page 378]]

    debtedness (other than indebtedness
    [in]\1\ incurred under chapter 31 of title 31 of the United States
    Code) for the repayment of which the United States is liable, the budget
    authority for which is not provided in advance by appropriation Acts;
    new entitlement authority as defined in section 3(9) of the
    Congressional Budget Act of 1974, including bills and resolutions
    (reported by other committees) which provide new entitlement authority
    as defined in section 3(9) of the Congressional Budget Act of 1974 and
    are referred to the committee under clause 4(a); authority to forego the
    collection by the United States of proprietary offsetting receipts, the
    budget authority for which is not provided in advance by appropriation
    Acts to offset such foregone receipts; and authority to make payments by
    the United States (including loans, grants, and payments from revolving
    funds) other than those covered by this subparagraph, the budget
    authority for which is not provided in advance by appropriation Acts.
    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

    ---------------------------------------------------------------------------
          (4) The amount of new authority to enter into contracts under
    which the United States is obligated to make outlays, the budget
    authority for which is not provided in advance by appropriation Acts;
    new authority to incur in-

    [[Page 379]]

    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) and the budget hearing function
    provided for in clause 4(a).
      \1\ Section 10116(a)(6) of Public Law 105-33 amended this
    provision as shown above. However, the word ``in'' probably should not
    have appeared in the matter proposed to be inserted by that public law.
    ---------------------------------------------------------------------------

      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) added to
    the Committee's jurisdiction, and later perfected by the Committee
    Reform Amendments of 1974 (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470), subparagraphs (2), (3), and (4).

      In the 95th Congress this paragraph was amended to correct a
    typographical error (H. Res. 5, Jan. 4, 1977, p. 53). Subparagraph (4)
    was amended in the 105th Congress to conform to changes made by the
    Budget Enforcement Act of 1997 (sec. 10116, P.L. 105-33).

      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 380]]

    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 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

      (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.

    [[Page 381]]

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

          (6) International finance.

          (7) International financial and monetary organizations.

          (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 382]]

    jurisdiction over the Commodity Credit Corporation was transferred to
    the Committee on Agriculture, jurisdiction over export controls and
    international economic policy to the Committee on International
    Relations, jurisdiction over construction of nursing home facilities to
    what is now the Committee on 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

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

      (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

    [[Page 383]]

    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 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 budget process, generally.

    [[Page 384]]

          (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--

              (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 385]]

    amended this paragraph to remove any numerical limitation
    on the membership of the Committee (H. Res. 7, Jan. 3, 1985, p. 393).
      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

      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. 39), 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 a
    Member who has served as chairman or as ranking minority member during a
    fourth such Congress may serve in either capacity during a fifth, so
    long as he would not thereby exceed two consecutive terms as chairman or
    as ranking minority member (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. --
    --).

    [[Page 386]]

    ernment Reform and Oversight) jurisdiction
    over budgetary treatment of off-budget Federal agencies and measures
    providing exemption from sequestration orders issued under the Balanced
    Budget and Emergency Deficit Control Act (sec. 202(a), H. Res. 6, Jan.
    4, 1995, p. ----). Three re-referrals from the Committee on Government
    Reform and Oversight to the Committee on the Budget marked this
    migration of off-budget treatment jurisdiction: (1) the Committee on the
    Budget has primary jurisdiction over a bill excluding from the budget
    the Civil Service Retirement and Disability Fund (although the Committee
    on Government Reform and Oversight retains programmatic jurisdiction
    over that Fund); (2) the Committee on the Budget has primary
    jurisdiction over a bill excluding from the budget the Highway Trust
    Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust
    Fund, and the Harbor Maintenance Trust Fund (although the Committee on
    Transportation and Infrastructure retains programmatic jurisdiction);
    and (3) the Committee on the Budget has secondary jurisdiction over a
    bill amending title 49 of the United States Code and providing off-
    budget treatment for the Highway Trust Fund, the Airport and Airway
    Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance
    Trust Fund (Dec. 6, 1995, p. ----). In the 105th Congress the
    jurisdictional statement in subparagraph (3), previously confined to the
    congressional budget process, was broadened to encompass also the
    executive budget process formerly included in the jurisdiction of the
    Committee on Government Reform and Oversight (H. Res. 5, Jan. 7, 1997,
    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). 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 Gov-

       (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.

    [[Page 387]]

          (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.

          (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 over-

    [[Page 388]]

    sight 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 389]]

    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's jurisdiction over inland
    waterways and railroads (including railroad labor, retirement, and
    unemployment) was transferred to the Committee on Transportation and
    Infrastructure, and jurisdiction over measures relating to the
    commercial application of energy technology was transferred to the
    Committee on Science, while the Committee on Commerce obtained exclusive
    jurisdiction over regulation of the domestic nuclear energy industry
    (subpara. (13)) from the former Committee on Natural Resources (now
    Resources) (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. ----).
      In the 74th Congress the jurisdictional statement of the Committee was
    amended to include jurisdiction over bills relating to radio; to deprive
    the Committee jurisdiction over bills relating to water transportation,
    Coast Guard, 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 was released of jurisdiction over civil
    aeronautics to the Committee on Public Works and Transportation (now
    Transportation and Infrastructure), jurisdiction over civil aviation
    research and development, energy and environmental research and
    development, and the National Weather Service to the Committee on
    Science and Technology (now

      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.

    [[Page 390]]

    national 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).
      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, inter-

      Before the 104th Congress the Committee considered bills regulating
    railroads in their interstate commerce relations (IV, 414) and exercised
    jurisdiction with the Committees on Education and Labor (now Education
    and the Workforce) and Public Works and Transportation (now
    Transportation and Infrastructure) over bills providing labor
    protections to workers in the transportation industry, including
    railroad employees (Feb. 24, 1993, p. ----). 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 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).

      (f) Committee on Education and the Workforce.

          (1) Child labor.

    Sec. 675. Education and the Workforce.

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

    [[Page 391]]

          (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 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. ----). In the 105th Congress the Committee was again
    redesignated as the Committee on Education and the Workforce (H. Res. 5,
    Jan. 7, 1997, p. ----).

    [[Page 392]]

    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).
      By the Committee Reform Amendments of 1974, effective January 3, 1975,
    the Committee gained jurisdiction over food programs for children

      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.

      The Committee has jurisdiction over bills dealing with juvenile
    delinquency (Jan. 22, 1959, p. 1027), runaway youth (July 12, 1973, p.
    23633; Sept. 10, 1973, p. 28970), human services programs administered
    by HEW (June 21, 1972, p. 21733), education of Indians (Apr. 15, 1975,
    p. 10247; June 10, 1991, p. 14049), 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). The Committee
    shares with the Committee on the Judiciary original jurisdiction over a
    bill comprehensively amending the Immigration and Nationality Act and
    including provisions addressing the enforcement of labor laws (Sept. 19,
    1995, p. ----).

      (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.

    [[Page 393]]

          (4) Government management 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).

          (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).

    [[Page 394]]

    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)); and subparagraphs (3) and (10) were added to
    clarify existing jurisdiction. At the same time the Committee's
    jurisdiction over measures relating to off-budget treatment of agencies
    or programs, which had been added by the Balanced Budget and Emergency
    Deficit Control Act of 1985 (P.L. 99-177, Dec. 12, 1985), was
    transferred to the Committee on the Budget. Three re-referrals from the
    Committee on Government Reform and Oversight to the Committee on the
    Budget marked this migration of off-budget treatment jurisdiction: (1)
    the Committee on the Budget has primary jurisdiction over a bill
    excluding from the budget the Civil Service Retirement and Disability
    Fund (although the Committee on Government Reform and Oversight retains
    programmatic jurisdiction over that Fund); (2) the Committee on the
    Budget has primary jurisdiction over a bill excluding from the budget
    the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland
    Waterways Trust Fund, and the Harbor Maintenance Trust Fund (although
    the Committee on Transportation and Infrastructure retains programmatic
    jurisdiction); and (3) the Committee on the Budget has secondary
    jurisdiction over a bill amending title 49 of the United States Code and
    providing off-budget treatment for the Highway Trust Fund, the Airport
    and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor
    Maintenance Trust Fund (Dec. 6, 1995, p. ----). The Committee was also
    released from jurisdiction over measures relating to exemptions from
    executive orders sequestering budget authority, which had been added by
    the Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-508). In the
    105th Congress any residual jurisdiction over budget process was
    transferred to the Committee on the Budget (H. Res. 5, Jan. 7, 1997, p.
    ----). The 104th Congress assigned the Committee its responsibilities to
    coordinate committee oversight plans under clause 2(d)(3) (sec. 203(a),
    H. Res. 6, Jan. 4, 1995, p. ----). In the 104th Congress the Committee
    was also given the responsibility to consider and report recommendations
    concerning alternatives to commemorative legislation, although no such
    report was made to the House (sec. 216(b), H. Res. 6, Jan. 4, 1995, p.
    ----).
      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

    [[Page 395]]

    a measure redesignating a general-
    purpose federal building as a post office (Apr. 24, 1997, p. ----). The
    Committee has exercised jurisdiction over countercyclical programs of
    revenue-sharing grants to State and local governments, such as that
    contained in Title II of the Public Works Employment Act of 1976 (Feb.
    1, 1977, p. 3057). The Committee shares jurisdiction over a bill to
    facilitate the reorganization of an agency by instituting a 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); providing payment of
    travel costs for Federal employment applicants (Feb. 15, 1967, p. 3466);
    and a bill to rename an existing post office building (Aug. 4, 1995, p.
    ----). The Committee on Transportation and Infrastructure, and not this
    Committee, has jurisdiction over

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

      (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 Resources, 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.

    [[Page 396]]

          (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.

          (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.

    [[Page 397]]

          (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.

    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 transferring to the Committee on Resources
    jurisdiction over erection of monuments to the memory of individuals
    (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. ----). References in
    subparagraphs (1) and (2) to the ``contingent fund'' were eliminated
    without changing the Committee's jurisdiction over the accounts that the
    fund comprised. In the 105th Congress subparagraph (1) was amended to
    effect a technical correction (H. Res. 5, Jan. 7, 1997, p. ----).

    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 398]]

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

    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.

    [[Page 399]]

      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).

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

      (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.

    [[Page 400]]

          (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.

          (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. ----).

    [[Page 401]]

    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)).
      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,

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

      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.

    [[Page 402]]

          (3) Apportionment of Representatives.

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

          (5) Civil liberties.

          (6) Constitutional amendments.

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

          (8) Immigration and naturalization.

          (9) Interstate compacts, generally.

          (10) 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 403]]

    the Committee on Internal Security was abolished and
    jurisdiction over communist and other subversive activities affecting
    the internal security of the United States was transferred to this
    Committee (subpara. (18)) (H. Res. 5, Jan. 14, 1975, p. 20), though an
    accompanying provision for the transfer of records and staff of the
    Internal Security Committee to the Judiciary Committee was deleted as
    obsolete in the 95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70), and
    the specific reference to communism was deleted as unnecessary in the
    104th Congress (sec. 202(a), H. Res. 6, Jan. 4, 1995, p. ----). 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

      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. 32130), bills relating to the
    office of President (IV, 4077), to the flag (IV, 4055), bankruptcy (IV,
    4065), removal of political disabilities (IV, 4058), prohibition of
    traffic in intoxicating liquors (IV, 4061; VII, 1773), mutiny and
    willful destruction of vessels (IV, 4145), counterfeiting (IV, 4071;
    VII, 1753), settlement of State and Territorial boundary lines (IV,
    4060; VII, 1768), meeting of Congress and attendance of Members and
    their acceptance of incompatible offices (IV, 4077, VI, 65).

    [[Page 404]]

    cally exercised jurisdiction over lobbying activities, the
    Committee on Standards of Official Conduct was assigned such
    jurisdiction during a brief period (H. Res. 1031, 91st Cong., July 8,
    1970, p. 23141; H. Res. 5, 94th Cong., Jan. 14, 1975, p. 20).
      The Committee also has jurisdiction over joint resolutions proposing
    amendments to the Constitution (IV, 4056; VII, 1779). It also reports on
    important questions of law relating to subjects naturally within the
    jurisdiction of other committees (IV, 4063). Although the Committee has
    histori-

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

      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.

    [[Page 405]]

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

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

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

          (7) Military applications of nuclear energy.

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

          (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)

    [[Page 406]]

    with respect to international arms control
    and disarmament, and military dependents education.

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

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

      Much of the present legislative jurisdiction in this paragraph was
    adopted on January 3, 1953 (p. 17), to reflect jurisdiction over the
    Department of Defense, which was created in the National Security Act of
    1947 (61 Stat. 495). In the 95th Congress, when the Joint Committee on
    Atomic Energy was abolished, this Committee gained jurisdiction over
    military applications of nuclear energy (H. Res. 5, Jan. 4, 1977, p.
    53). The special oversight function of the Committee in clause 3(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.
    ----), and later amended subparagraph (8) to effect a technical
    correction (H. Res. 254, Nov. 30, 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); of a private
    character to waive the statutory time limit on the award of the
    Congressional Medal of Honor on individuals (Feb. 22, 1982, p. 1812);
    including authorization of appropriations to the Department of Energy
    for resource applications for naval petroleum and oil shale reserves
    (May 1, 1978, p. 11946); and effecting the transfer of military property
    to a state to be designated by the state as a wilderness area (Nov. 15,
    1995, p. ----).

    [[Page 407]]

      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.

          (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.

    [[Page 408]]

          (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.

          (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 409]]

    (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 Education and the
    Workforce). Until the Reorganization Act, military parks, battlefields,
    and national cemeteries were under jurisdiction of a Committee on
    Military Affairs. Jurisdiction over cemeteries of the United States in
    which veterans may be buried, except those administered by the Secretary
    of the Interior, was transferred to the Committee on Veterans' Affairs
    in the 90th Congress (H. Res. 241, Oct. 20, 1967).
      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

      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 410]]

    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 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. 23731); 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. 23193). The
    Committee on National Security, and not this Committee, has jurisdiction
    over the transfer of military property to a state to be designated by
    the state as a wilderness area (Nov. 15, 1995, p. ----). The Committee
    on Agriculture, and not this Committee, has jurisdiction over the
    designation of an agricultural research center (May 14, 1996, p. ----).
      The Committee reports on subjects relating to the mineral resources of
    the public lands (IV, 4202), forfeiture of land grants and alien
    ownership (IV, 4201), validation of certain conveyances of erstwhile
    public lands by a railway company (July 11, 1995, p. ----), 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 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.

    [[Page 411]]

    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.

      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 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).

      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. 39). Jurisdiction over rules relating to
    official conduct and financial disclosure was transferred to the
    Committee on Standards of Official Conduct on April 3, 1968 (H. Res.
    1099, 90th Cong.), but in the 95th Congress, jurisdiction over rules
    relating to financial disclosure by Members, officers, and employees of
    the House was returned to this Committee (H. Res. 5, Jan. 4, 1977, pp.
    53-70).

    [[Page 412]]

    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).

      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

    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).

      Special orders may still be made by suspension of the rules (IV, 3154)
    or by unanimous consent (IV, 3165, 3166; VII, 758); but it is not in
    order, by motion in the House, to provide that a subject be made a
    special order by a motion to postpone to a day certain (IV, 3164). 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).

      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 Sec. Sec. 729a-
    731, infra.

      (n) Committee on Science.

    [[Page 413]]

    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.

          (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 414]]

    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. 6405-10). 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)

      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.

    [[Page 415]]

    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.

      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. ----) and later effected a technical correction
    (H. Res. 254, Nov. 30, 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

    [[Page 416]]

    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. 685a. Standards of Official Conduct.

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

      In the 90th Congress the Committee on Standards of Official Conduct
    was established as a standing committee (H. Res. 418, Apr. 13, 1967, p.
    ----). Its precursor was the Select Committee on Standards and Conduct,
    created in the 89th Congress (H. Res. 1013, Oct. 19, 1966, pp. 27713-
    30).

      At various times in its history, the legislative jurisdiction of the
    Committee has included jurisdiction over measures relating to (1)
    financial disclosure by Members, officers, and employees of the House
    (H. Res. 1099, 90th Cong., Apr. 3, 1968); (2) the raising, reporting,
    and use of campaign contributions for candidates for the House (H. Res.
    988, 93d Cong., Oct. 8, 1974, p. 34470); and (3) lobbying activities (H.
    Res. 1031, 91st Cong., July 8, 1970, p. 23141). However, legislative
    jurisdiction over measures relating to financial disclosure was
    transferred to the Committee on Rules in the 95th Congress (H. Res. 5,
    Jan. 4, 1977, pp. 53-70); legislative jurisdiction over measures
    relating to campaign contributions for candidates for the House was
    transferred to House Administration (now House Oversight), and
    legislative jurisdiction over measures relating to lobbying activities
    was removed from the Committee (thereby devolving on the Committee on
    the Judiciary) in the 94th Congress (H. Res. 5, Jan. 14, 1975, p. 20).

      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 Conduct,'' 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).

      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'').

    [[Page 417]]

    515 of Public Law 95-105 to act as the ``employing agency'' for the
    House of Representatives under the Foreign Gifts and Decorations Act,
    and the Committee promulgated regulations under that statute concerning
    acceptance of foreign gifts and decorations by Members and employees
    (Jan. 23, 1978, p. 452). In the 96th Congress the Committee was assigned
    as additional responsibilities the functions designated in title I of
    the Ethics in Government Act of 1978 (P.L. 95-521) relating to the
    administration of government ethics laws as they apply to Members,
    officers, and employees of the House (H. Res. 5, Jan. 15, 1979, p. 7).
    In the 102d Congress those responsibilities were enlarged to include
    also the functions designated in title V of the Act and the specified
    sections of title 5, United States Code (H. Res. 5, Jan. 3, 1991, p.
    39).
      The Committee has 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

      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. 685b. Former Select Committees on
    Ethics.

      In the 95th  Congress, the House established a Select Committee on Ethics
    and granted it exclusive legislative jurisdiction over bills that
    incorporated into permanent law provisions of House rules addressing
    financial ethics of Members, officers, and employees (H. Res. 383, Mar.
    9, 1977, pp. 6811-16). The Select Committee was also granted
    jurisdiction to promulgate implementing regulations and to issue
    advisory opinions. The resolution creating the Select Committee provided
    that it would expire on December 31, 1977, but the Committee and its
    functions ultimately were extended through the ``completion of its
    official business'' (H. Res. 871, Oct. 31, 1977, p. 35957). The advisory
    opinions compiled by the former Select Committee on Ethics have been
    incorporated in the House Ethics Manual (102d Cong., 2d Sess.).

    [[Page 418]]

      In the 105th Congress a new subparagraph (3) was added at the end of
    clause 4(e) of rule X to establish a Select Committee on Ethics only to
    resolve an inquiry originally undertaken by the standing Committee on
    Standards of Official Conduct in the 104th Congress (H. Res. 5, Jan. 7,
    1997, p. ----). The Select Committee filed one report to the House (H.
    Rept. 105-1, H. Res. 31, Jan. 21, 1997, p. ----).

      (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 419]]

    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 420]]

    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's jurisdiction over parks in the District of Columbia
    was transferred to the Committee on Interior and Insular Affairs (now
    Resources); and it gained jurisdiction over transportation, including
    civil aviation (except railroads, railroad labor, and railroad
    pensions), over roads and the safety thereof, over water transportation
    subject to the jurisdiction of the Interstate Commerce 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 421]]

    on Government Reform
    and Oversight, and not this Committee, has jurisdiction over a bill
    renaming an existing post office building (Aug. 4, 1995, p. ----), but
    this Committee, and not the Committee on Government Reform and
    Oversight, has jurisdiction over a bill redesignating a general-purpose
    federal building as a post office (Apr. 24, 1997, p. ----). This
    Committee, and not the Committee on Ways and Means, has jurisdiction
    over a bill designating a customs building (Dec. 12, 1995, p. ----). The
    Committee on Resources, and not this Committee, has jurisdiction over a
    bill to validate certain conveyances of erstwhile public lands by a
    railway company (July 11, 1995, p. ----).
      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

      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. 18830); with several other committees
    over bills to convert from a defense economy by, inter alia,
    authorizing economic assistance for public works and economic
    development (June 24, 1991, p. 16021; June 11, 1992, p. ----); and with
    the Committee on Education and Labor (now Education and the Workforce)
    over bills providing labor protections to workers, including airline
    employees, in the transportation industry (June 24, 1991, p. 16020; Feb.
    24, 1993, p. ----).

      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.

    [[Page 422]]

    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.

          (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. 29560). Vocational rehabilitation, except that pertaining to
    veterans, is under the jurisdiction of the Committee on Education and
    the Workforce. The Committee has jurisdiction over bills to amend the
    Soldiers and Sailors Civil Relief Act of 1940 to permit certain
    declarations of fact in lieu of affidavits (Feb. 4, 1959, p. 1812), and
    over bills to amend the Servicemen's and Veterans' Survivor Benefits Act
    relating to service-connected deaths of retired members of the uniformed
    services (May 18, 1959, p. 8273).

      (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.

    [[Page 423]]

          (7) Transportation of dutiable goods.

          (8) Tax exempt foundations and charitable trusts.

          (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 it was released from: 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
    Education and the Workforce); 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).

    [[Page 424]]

    trust funds in the Treasury,
    funded by assessments on all quantities of oil, petrochemical
    feedstocks, and other hazardous substances sold for sale, where the
    scope and size of the funds and the method of assessment (similar to an
    excise tax) represented the collection of general revenue to fund
    particular Federal activities, a type of financing mechanism over which
    the Ways and Means Committee has traditionally exercised jurisdiction
    (May 20, 1980, p. 11862).
      The 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

      The Committee has jurisdiction over subjects relating to the Treasury
    of the United States and the deposit of the public moneys (IV, 4028),
    but it failed to make good a claim to the subjects of ``national
    finances'' and ``preservation of the Government credit'' (IV, 4023). The
    Committee has jurisdiction over bills providing tax incentives for
    persons investing in Indian property (Feb. 1, 1964, p. 1582), providing
    unemployment compensation to individuals with military or Federal
    service (Apr. 28, 1976, p. 11590), providing extended and increased
    unemployment compensation (Apr. 16, 1975, p. 10346), and over private
    bills waiving provisions of the Tariff Act to require reliquidation of
    certain imported materials as duty-free (July 13, 1982, p. 16014). The
    Committee on Transportation and Infrastructure, and not this Committee,
    has jurisdiction over a bill to designate a customs administrative
    building (Dec. 12, 1995, p. ----).

      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

    [[Page 425]]

      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

          (2) its formulation, consideration, and enactment of such
    modifications of or changes in 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).

    [[Page 426]]

    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 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.
      (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

      (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.

    [[Page 427]]

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

      (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 developing such plans each committee shall, to the maximum
    extent feasible

              (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

    [[Page 428]]

              (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.

      (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 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.

      (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 429]]

    porated 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 adopt by February 15 of the first session
    of a Congress its oversight plans for that Congress, such plans to be
    submitted to the Committees on Government Reform and Oversight and House
    Oversight. The Committee on Government Reform and Oversight is required
    to report such plans to the House by March 31, with recommendations to
    ensure coordination among committees. Consideration of funding for each
    committee is contingent on submission of its oversight plans to the
    committees specified under paragraph (d)(1). 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 incor-

                           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--

    [[Page 430]]

          (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.

      (c) The Committee on Education and the Workforce 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 programs
    of student assistance, which are within the jurisdiction of other
    committees.

      (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.

      (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.

    [[Page 431]]

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

      (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, and nonmilitary nuclear
    energy and research and development including the disposal of nuclear
    waste.

      (i) The Committee on Rules shall have the function of reviewing and
    studying, on a continuing basis, the congressional budget process, and
    the committee shall, from time to time, report its findings and
    recommendations to the House.

    [[Page 432]]

    vide 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 addressed in
    paragraphs (a), (c), (d), (e), (f), and (h) were changed at the
    beginning of the 104th Congress (sec. 202(b), H. Res. 6, Jan. 4, 1995,
    p. ----). Later in the 104th Congress conforming amendments to
    paragraphs (e) and (h) were adopted to reflect the transfer of
    jurisdiction over nonmilitary nuclear energy from the Committee on
    Resources to the Committee on Commerce (H. Res. 254, Nov. 30, 1995, p.
    ----). In the 105th Congress paragraph (c) was amended to reflect a
    further committee name change (H. Res. 5, Jan. 7, 1997, p. ----).

      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 pro-

                       Additional Functions of Committees

    Sec. 694a. Committee on Appropriations; 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 on the Budget as a whole with particular reference
    to--

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

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

              (B) In holding hearings 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.

    [[Page 433]]

    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.

    Sec. 694b. Procedure for budget
    hearings.

              (C)  Hearings pursuant to subdivision (A), or any part thereof,
    shall be held in open session, except

              (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 accordance with such procedures as the
    two committees jointly may determine.

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

    [[Page 434]]

    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 entitlement 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 committee
    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
    entitlement authority as defined in section 3(9) 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

          (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.

    [[Page 435]]

    January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470). Subparagraph (2) was amended in the
    105th Congress to reflect the repeal of the collective definition of
    ``new spending authority'' and the revision of various remaining parts
    (Budget Enforcement Act of 1997 (sec. 10116, P.L. 105-33)).

      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

    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;

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

          (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

    [[Page 436]]

          (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--

              (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.

    [[Page 437]]

    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).

          (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

    <>   (d)(1) 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. ----).

    Sec. 697b. Enrolled
    bills.

      (A) examining all bills, amendments, and joint resolutions after
    passage by the House and, in 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;

    Sec. 697c. Direction of officers.

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

    [[Page 438]]

    tion, or is not made dependent upon some future
    performance by the House of Representatives and promulgating regulations
    to carry out this paragraph.

    Sec. 697d. Acceptance of gifts.

      (C) accepting  a gift, other
    than as otherwise provided by law, if the gift does not involve any
    duty, burden, or condi-

    Sec. 697e. Approval of certain settlements.

      (2) An  employing
    office of the House of Representatives may enter a settlement of a
    complaint under the Congressional Accountability Act of 1995 that
    provides for the payment of funds only after receiving the joint
    approval of the chairman and the ranking minority party member of the
    Committee on House Oversight concerning the amount of such payment.

    [[Page 439]]

    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 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 Resources,
    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. ----). Later in the 104th Congress the provision for the acceptance
    of gifts was added as paragraph (d)(3) (H. Res. 250, Nov. 16, 1995, p.
    ----). In the 105th Congress paragraph (d) was redesignated as (d)(1),
    its former subparagraphs (1) through (3) were redesignated as (1)(A)
    through (1)(C), and a new paragraph (d)(2) was added to require approval
    by the Committee for monetary settlements of certain employment claims
    (H. Res. 5, Jan. 7, 1997, p. ----). The 104th Congress also prohibited the

    [[Page 440]]

    tive vote of two-thirds of the members of
    the committee, 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 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, either with the approval
    of the House or by an affirma-

      (2)(A)(i) 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, except as provided by subdivision (ii), 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.

    [[Page 441]]

    members to serve as an investigative subcommittee.
      (ii)(I) Upon the receipt of information offered as a complaint that is
    in compliance with this rule and the committee rules, the chairman and
    ranking minority member may jointly appoint

      (II) The chairman and ranking minority member of the committee may
    jointly gather additional information concerning alleged conduct which
    is the basis of a complaint or of information offered as a complaint
    until they have established an investigative subcommittee or the
    chairman or ranking minority member has placed on the committee agenda
    the issue of whether to establish an investigative subcommittee.

      (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--

              (i) upon receipt of information offered as a complaint, in
    writing and under oath, made by a Member of the House and transmitted to
    the committee by such Member, or

    [[Page 442]]

    then the chairman and ranking minority member shall jointly establish an
    investigative subcommittee and forward the complaint, or any portion
    thereof, to that subcommittee for its consideration. However, if, at any
    time during those periods, either the chairman or ranking minority
    member places on the agenda the issue of whether to establish an
    investigative subcommittee, then an investigative subcommittee may be
    established only by an affirmative vote of a majority of the members of
    the committee.
              (ii) upon receipt of information offered as a complaint, in
    writing and under oath, from an individual not a Member of the House
    provided that a Member of the House certifies in writing to the
    committee that he or she believes the information is submitted in good
    faith and warrants the review and consideration of the committee.
    If a complaint is not disposed of within the applicable time periods set
    forth in the rules of the Committee on Standards of Official Conduct,

      (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 443]]

      (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.

      (3)(A) Notwithstanding clause 2(g)(1) of rule XI, each meeting of the
    Committee on Standards of Official Conduct or any subcommittee thereof
    shall occur in executive session, unless the committee or subcommittee
    by an affirmative vote of a majority of its members opens the meeting to
    the public.

    [[Page 444]]

    mittee, in open session by an affirmative vote of a
    majority of its members, closes all or part of the remainder of the
    hearing on that day to the public.
      (B) Notwithstanding clause 2(g)(2) of rule XI, hearings of an
    adjudicatory subcommittee or sanction hearings held by the Committee on
    Standards of Official Conduct shall be held in open session unless the
    subcommittee or com-

      (4) Before any member, officer, or employee of the Committee on
    Standards of Official Conduct, including members of any subcommittee of
    the committee selected pursuant to clause 6(a)(3) and shared staff, may
    have access to information that is confidential under the rules of the
    committee, the following oath (or affirmation) shall be executed:

            ``I do solemnly swear (or affirm) that I will not disclose, to
    any person or entity outside the Committee on Standards of Official
    Conduct, any information received in the course of my service with the
    committee, except as authorized by the committee or in accordance with
    its rules.''
    Copies of the executed oath shall be retained by the Clerk of the House
    as part of the records of the House. This subparagraph establishes a
    standard of conduct within the meaning of subparagraph (1)(B). Breaches
    of confidentiality shall be investigated by the Committee on Standards
    of Official Conduct and appropriate action shall be taken.

    [[Page 445]]

    firmative vote of a majority of its members, deems
    appropriate in the circumstances.
      (5)(A) If a complaint or information offered as a complaint is deemed
    frivolous by an affirmative vote of a majority of the members of the
    Committee on Standards of Official Conduct, the committee may take such
    action as it, by an af-

      (B) Complaints filed before the One Hundred Fifth Congress may not be
    deemed frivolous by the Committee on Standards of Official Conduct.

      The investigative authority contained in paragraph (e) was first
    conferred upon the Committee in the 90th Congress (H. Res. 1099, Apr. 3,
    1968, p. 8802). Effective January 3, 1975, the former requirement in
    paragraph (e)(2)(A) that seven committee members must authorize an
    investigation was changed to permit a majority of the Committee to
    provide that authorization (H. Res. 988, 93d Cong., Oct. 8, 1974, p.
    34470). Paragraph (e)(2)(A) was further amended in the 105th Congress to
    permit the chairman and ranking minority member, with respect to a
    properly filed complaint, to gather additional information or to
    establish an investigative subcommittee (sec. 11, H. Res. 168, Sept. 18,
    1997, p. ----). Paragraph (e)(2)(E) was added in the 95th Congress (H.
    Res. 5, Jan. 4, 1977, pp. 53-70), to provide a mechanism for a committee
    member to disqualify himself from participating in an investigation, and
    paragraph (e)(2)(F) was added in the 96th Congress (H. Res. 5, Jan. 15,
    1979, p. 8).

      Clause 4(e) was amended in several particulars by the Ethics Reform
    Act of 1989 (P.L. 101-194): (1) paragraph (e)(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 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 the beginning of the 105th Congress a new subparagraph (3) was
    added at the end of clause 4(e) to establish a Select Committee on
    Ethics only to resolve an inquiry originally undertaken by the standing
    Committee on Standards of Official Conduct in the 104th Congress (H.
    Res. 5, Jan. 7, 1997, p. ----). The Select Committee filed one report to
    the House (H. Rept. 105-1, H. Res. 31, Jan. 21, 1997, p. ----). The
    current form of subparagraph (3) was adopted later in the 105th Congress
    (sec. 5, H. Res. 168, Sept. 18, 1997, p. ----).

    [[Page 446]]

    filing of complaints by non-Members (sec. 11, H. Res.
    168, Sept. 18, 1997, p. ----); and (3) paragraph (e)(1)(C) was amended
    to permit the Committee to report to the appropriate authorities
    substantial evidence of a violation of law by an affirmative vote of
    two-thirds of the members of the Committee (sec. 18, H. Res. 168, Sept.
    18, 1997, p. ----).
      Additional amendments to paragraph (e) were adopted in the 105th
    Congress as follows: (1) subparagraphs (4) and (5) were adopted (sec. 6
    and sec. 19, H. Res. 168, Sept. 18, 1997, p. ----); (2) paragraph
    (e)(2)(B) was amended to address the disposition of a complaint after
    expiration of periods set forth in the Committee rules and to specify
    parameters for the

      The Ethics Reform Act of 1989 (P.L. 101-194) 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. ----), and in the 105th Congress only the chairman and ranking
    minority member were elected initially pending recommendations by a 12-
    member bipartisan task force informally appointed by the Majority and
    Minority Leaders to conduct a comprehensive review of the House ethics
    process (H. Res. 12, Jan. 7, 1997, p. ----; H. Res. 44, Feb. 10, 1997,
    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, 2 U.S.C. 29d). The texts of those provisions
    are set forth below. Section 803(b), (c), and (d) should be read in
    light of H. Res. 168, adopted in the 105th Congress and described later
    in this annotation.

     ``Sec. 803. Reforms Respecting the Committee on Standards of Official
                                   __________

                                   Conduct.--

                                      * * *

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

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

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

            subcommittee (with equal representation from the majority and

            minority parties) whenever the committee votes to undertake any

            investigation;

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

            investigative subcommittee shall serve as the chairman and

            ranking minority member of the subcommittee; and

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

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

    [[Page 447]]

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

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

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

            investigative subcommittee shall report its findings and

            recommendations to the committee;

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

            of its membership adopts a statement of alleged violation, the

            remaining members of the committee shall comprise an

            adjudicatory subcommittee to hold a disciplinary hearing on the

            violation alleged in the statement;

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

            response thereto shall be made public at the first meeting or

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

            respondent has been given full opportunity to respond to the

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

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

            alleged violation and any written response thereto shall be

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

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

            the Rules of the House of Representatives;

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

            purpose of taking testimony and conducting any business shall

            consist of a majority of the membership of the subcommittee plus

            one; and

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

            receiving evidence, whether the counts in the statement have

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

                                      * * *

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

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

            appointed by the chairman, in consultation with the ranking

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

            chairman determines is necessary to carry out the

            responsibilities of the Office.

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

            include:

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

                    officers and employees of the House regarding any laws,

                    rules, regulations, and other standards of conduct

                    applicable to such 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

    [[Page 448]]

                    of applicable laws,

                    rules, regulations, or other standards of conduct, together

                    with any recommendations thereon.

                      ``(C) Recommending to the committee for its

                    consideration formal advisory opinions of general

                    applicability.

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

                    approval of the chairman, periodic educational briefings

                    for Members, officers and employees of the House on

                    those laws, rules, regulations, or other standards of

                    conduct applicable to them.

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

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

            of Representatives when seeking advice regarding prospective

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

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

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

            Member, officer or employee acts in accordance with the written

            advice of the committee.''.

                                   __________

      In the 105th Congress a 12-member bipartisan task force was informally
    appointed by the Majority and Minority Leaders to conduct a
    comprehensive review of the House ethics process. At the same time an
    order of the House was adopted imposing a moratorium on filing or
    processing ethics complaints and on raising certain questions of
    privilege under rule IX with respect to official conduct. The moratorium
    was imposed in the expectation that the recommendations of the task
    force would include changes relating to the Committee on Standards of
    Official Conduct and the process by which the House enforces standards
    of official conduct (Feb. 12, 1997, p. ----). The moratorium was
    extended through September 10, 1997 (July 30, 1997, p. ----). On
    September 18, 1997, the House adopted the recommendations of the task
    force with certain amendments (H. Res. 168, 105th Cong., p. ----), which
    included not only changes to the standing rules of the House but also
    free-standing directives to the Committee on Standards of Official
    Conduct. The texts of those free-standing provisions are set forth
    below.

                                   __________

                                  ``H. Res. 168

    ``SEC. 3. COMMITTEE AGENDAS.
                                      * * *

    ``SEC. 4. COMMITTEE STAFF.
      ``The Committee on Standards of Official Conduct shall adopt rules
    providing that the chairman shall establish the agenda for meetings of
    the committee, but shall not preclude the ranking minority member from
    placing any item on the agenda.

    [[Page 449]]

      ``(a) Committee Rules.--The Committee on Standards of Official Conduct
    shall adopt rules providing that:

              ``(1)(A) The staff is to be assembled and retained as a

            professional, nonpartisan staff.

              ``(B) Each member of the staff shall be professional and

            demonstrably qualified for the position for which he is hired.

              ``(C) The staff as a whole and each member of the staff shall

            perform all official duties in a nonpartisan manner.

              ``(D) No member of the staff shall engage in any partisan

            political activity directly affecting any congressional or

            presidential election.

              ``(E) No member of the staff or outside counsel may accept

            public speaking engagements or write for publication on any

            subject that is in any way related to his or her employment or

            duties with the committee without specific prior approval from

            the chairman and ranking minority member.

              ``(F) No member of the staff or outside counsel may make

            public, unless approved by an affirmative vote of a majority of

            the members of the committee, any information, document, or

            other material that is confidential, derived from executive

            session, or classified and that is obtained during the course of

            employment with the committee.

              ``(2)(A) All staff members shall be appointed by an

            affirmative vote of a majority of the members of the committee.

            Such vote shall occur at the first meeting of the membership of

            the committee during each Congress and as necessary during the

            Congress.

              ``(B) Subject to the approval of Committee on House Oversight,

            the committee may retain counsel not employed by the House of

            Representatives whenever the committee determines, by an

            affirmative vote of a majority of the members of the committee,

            that the retention of outside counsel is necessary and

            appropriate.

              ``(C) If the committee determines that it is necessary to

            retain staff members for the purpose of a particular

            investigation or other proceeding, then such staff shall be

            retained only for the duration of that particular investigation

            or proceeding.

              ``(3) Outside counsel may be dismissed prior to the end of a

            contract between the committee and such counsel only by an

            affirmative vote of a majority of the members of the committee.

              ``(4) Only subparagraphs (C), (E), and (F) of paragraph (1)

            shall apply to shared staff.

    ``SEC. 5. MEETINGS AND HEARINGS.

      ``(b) Additional Committee Staff.--In addition to any other staff
    provided for by law, rule, or other authority, with respect to the
    Committee on Standards of Official Conduct, the chairman and ranking
    minority member each may appoint one individual as a shared staff member
    from his or her personal staff to perform service for the committee.
    Such shared staff may assist the chairman or ranking minority member on
    any subcommittee on which he serves.

    [[Page 450]]

                                      * * *

      ``(b) Committee Rules.--The Committee on Standards of Official Conduct
    shall adopt rules providing that--

              ``(1) all meetings of the committee or any subcommittee

            thereof shall occur in executive session unless the committee or

            subcommittee by an affirmative vote of a majority of its members

            opens the meeting or hearing to the public; and

              ``(2) any hearing held by an adjudicatory subcommittee or any

            sanction hearing held by the committee shall be open to the

            public unless the committee or subcommittee by an affirmative

            vote of a majority of its members closes the hearing to the

            public.

    ``SEC. 7. PUBLIC DISCLOSURE.
                                      * * *

      ``The Committee on Standards of Official Conduct shall adopt rules
    providing that, unless otherwise determined by a vote of the committee,
    only the chairman or ranking minority member, after consultation with
    each other, may make public statements regarding matters before the
    committee or any subcommittee thereof.

    ``SEC. 10. REQUIREMENTS TO CONSTITUTE A COMPLAINT.
                                      * * *

    ``SEC. 11. DUTIES OF CHAIRMAN AND RANKING MINORITY MEMBER REGARDING
    PROPERLY FILED COMPLAINTS.
      ``The Committee on Standards of Official Conduct shall amend its rules
    regarding complaints to provide that whenever information offered as a
    complaint is submitted to the committee, the chairman and ranking
    minority member shall have 14 calendar days or 5 legislative days,
    whichever occurs first, to determine whether the information meets the
    requirements of the committee's rules for what constitutes a complaint.

      ``(a) Committee Rules.--The Committee on Standards of Official Conduct
    shall adopt rules providing that whenever the chairman and ranking
    minority member jointly determine that information submitted to the
    committee meets the requirements of the committee's rules for what
    constitutes a complaint, they shall have 45 calendar days or 5
    legislative days, whichever is later, after the date that the chairman
    and ranking minority member determine that information filed meets the
    requirements of the committee's rules for what constitutes a complaint,
    unless the committee by an affirmative vote of a majority of its members
    votes otherwise, to--

              ``(1) recommend to the committee that it dispose of the

            complaint, or any portion thereof, in any manner that does not

            require action by the House, which may include dismissal of the

            complaint or resolution of the complaint by a letter to the

            Member, officer, or employee of the House against whom the

            complaint is made;

              ``(2) establish an investigative subcommittee; or

              ``(3) request that the committee extend the applicable 45-

            calendar day or 5-legislative day period by one additional 45-

    [[Page 451]]

            calendar day pe-

            riod when they determine more time is necessary

            in order to make a recommendation under paragraph (1).

                                      * * *

      ``(c) Disposition of Properly Filed Complaints by Chairman and Ranking
    Minority Member if no Action Taken by Them Within Prescribed Time
    Limit.--The Committee on Standards of Official Conduct shall adopt rules
    providing that if the chairman and ranking minority member jointly
    determine that information submitted to the committee meets the
    requirements of the committee rules for what constitutes a complaint,
    and the complaint is not disposed of within the applicable time periods
    under subsection (a), then they shall establish an investigative
    subcommittee and forward the complaint, or any portion thereof, to that
    subcommittee for its consideration. However, if, at any time during
    those periods, either the chairman or ranking minority member places on
    the agenda the issue of whether to establish an investigative
    subcommittee, then an investigative subcommittee may be established only
    by an affirmative vote of a majority of the members of the committee.

    ``SEC. 12. DUTIES OF CHAIRMAN AND RANKING MINORITY MEMBER REGARDING
    INFORMATION NOT CONSTITUTING A COMPLAINT.
                                      * * *

      ``The Committee on Standards of Official Conduct shall adopt rules
    providing that whenever the chairman and ranking minority member jointly
    determine that information submitted to the committee does not meet the
    requirements for what constitutes a complaint set forth in the committee
    rules, they may--

              ``(1) return the information to the complainant with a

            statement that it fails to meet the requirements for what

            constitutes a complaint set forth in the committee's rules; or

              ``(2) recommend to the committee that it authorize the

    ``SEC. 13. INVESTIGATIVE AND ADJUDICATORY SUBCOMMITTEES.
            establishment of an investigative subcommittee.

      ``The Committee on Standards of Official Conduct shall adopt rules
    providing that--

              ``(1)(A) investigative subcommittees shall be comprised of 4

            Members (with equal representation from the majority and

            minority parties) whenever such subcommittee is established

            pursuant to the rules of the committee; and

              ``(B) adjudicatory subcommittees shall be comprised of the

            members of the committee who did not serve on the investigative

            subcommittee (with equal representation from the majority and

            minority parties) whenever such subcommittee is established

    [[Page 452]]

            pursuant to the rules of the committee;

              ``(2) at the time of appointment, the chairman shall designate

            one member of the subcommittee to serve as chairman and the

            ranking minority member shall designate one member of the

            subcommittee to serve as the ranking minority member of the

            investigative subcommittee or adjudicatory subcommittee; and

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

            committee may serve as members of an investigative subcommittee,

    ``SEC. 14. STANDARD OF PROOF FOR ADOPTION OF STATEMENT OF ALLEGED
    VIOLATION.
            but may not serve as non-voting, ex officio members.

    ``SEC. 15. SUBCOMMITTEE POWERS.
      ``The Committee on Standards of Official Conduct shall amend its rules
    to provide that an investigative subcommittee may adopt a statement of
    alleged violation only if it determines by an affirmative vote of a
    majority of the members of the committee that there is substantial
    reason to believe that a violation of the Code of Official Conduct, or
    of a law, rule, regulation, or other standard of conduct applicable to
    the performance of official duties or the discharge of official
    responsibilities by a Member, officer, or employee of the House of
    Representatives has occurred.

      ``(a) Subpoena Power.--

                                      * * *

              ``(2) Committee rules.--The Committee on Standards of Official

            Conduct shall adopt rules providing that an investigative

            subcommittee or an adjudicatory subcommittee may authorize and

            issue subpoenas only when authorized by an affirmative vote of a

            majority of the members of the subcommittee.

      ``(b) Expansion of Scope of Investigations.--The Committee on
    Standards of Official Conduct shall adopt rules providing that an
    investigative subcommittee may, upon an affirmative vote of a majority
    of its members, expand the scope of its investigation approved by an
    affirmative vote of a majority of the members of the committee.

      ``(c) Amendments of Statements of Alleged Violation.--The Committee on
    Standards of Official Conduct shall adopt rules to provide that--

              ``(1) an investigative subcommittee may, upon an affirmative

            vote of a majority of its members, amend its statement of

            alleged violation anytime before the statement of alleged

            violation is transmitted to the committee; and

              ``(2) if an investigative subcommittee amends its statement of

            alleged violation, the respondent shall be notified in writing

            and shall have 30 calendar days from the date of that

            notification to file an answer to the amended statement of

    ``SEC. 16. DUE PROCESS RIGHTS OF RESPONDENTS.
            alleged violation.

    [[Page 453]]

      ``The Committee on Standards of Official Conduct shall amend its rules
    to provide that--

              ``(1) not less than 10 calendar days before a scheduled vote

            by an investigative subcommittee on a statement of alleged

            violation, the subcommittee shall provide the respondent with a

            copy of the statement of alleged violation it intends to adopt

            together with all evidence it intends to use to prove those

            charges which it intends to adopt, including documentary

            evidence, witness testimony, memoranda of witness interviews,

            and physical evidence, unless the subcommittee by an affirmative

            vote of a majority of its members decides to withhold certain

            evidence in order to protect a witness, but if such evidence is

            withheld, the subcommittee shall inform the respondent that

            evidence is being withheld and of the count to which such

            evidence relates;

              ``(2) neither the respondent nor his counsel shall, directly

            or indirectly, contact the subcommittee or any member thereof

            during the period of time set forth in paragraph (1) except for

            the sole purpose of settlement discussions where counsels for

            the respondent and the subcommittee are present;

              ``(3) if, at any time after the issuance of a statement of

            alleged violation, the committee or any subcommittee thereof

            determines that it intends to use evidence not provided to a

            respondent under paragraph (1) to prove the charges contained in

            the statement of alleged violation (or any amendment thereof),

            such evidence shall be made immediately available to the

            respondent, and it may be used in any further proceeding under

            the committee's rules;

              ``(4) evidence provided pursuant to paragraph (1) or (3) shall

            be made available to the respondent and his or her counsel only

            after each agrees, in writing, that no document, information, or

            other materials obtained pursuant to that paragraph shall be

            made public until--

                      ``(A) such time as a statement of alleged violation is

                    made public by the committee if the respondent has

                    waived the adjudicatory hearing; or

                      ``(B) the commencement of an adjudicatory hearing if

                    the respondent has not waived an adjudicatory hearing;

            ``but the failure of respondent and his counsel to so agree in

            writing, and therefore not receive the evidence, shall not

            preclude the issuance of a statement of alleged violation at the

            end of the period referred to in paragraph (1);

              ``(5) a respondent shall receive written notice whenever--

                      ``(A) the chairman and ranking minority member

                    determine that information the committee has received

                    constitutes a complaint;

                      ``(B) a complaint or allegation is transmitted to an

                    investigative subcommittee;

                      ``(C) that subcommittee votes to authorize its first

                    subpoena or to take testimony under oath, whichever

    [[Page 454]]

                    occurs first; and

                      ``(D) an investigative subcommittee votes to expand

                    the scope of its investigation;

              ``(6) whenever an investigative subcommittee adopts a

            statement of alleged violation and a respondent enters into an

            agreement with that subcommittee to settle a complaint on which

            that statement is based, that agreement, unless the respondent

            requests otherwise, shall be in writing and signed by the

            respondent and respondent's counsel, the chairman and ranking

            minority member of the subcommittee, and the outside counsel, if

            any;

              ``(7) statements or information derived solely from a

            respondent or his counsel during any settlement discussions

            between the committee or a subcommittee thereof and the

            respondent shall not be included in any report of the

            subcommittee or the committee or otherwise publicly disclosed

            without the consent of the respondent; and

              ``(8) whenever a motion to establish an investigative

            subcommittee does not prevail, the committee shall promptly send

    ``SEC. 17. COMMITTEE REPORTING REQUIREMENTS.
            a letter to the respondent informing him of such vote.

      ``The Committee on Standards of Official Conduct shall amend its rules
    to provide that--

              ``(1) whenever an investigative subcommittee does not adopt a

            statement of alleged violation and transmits a report to that

            effect to the committee, the committee may by an affirmative

            vote of a majority of its members transmit such report to the

            House of Representatives; and

              ``(2) whenever an investigative subcommittee adopts a

            statement of alleged violation, the respondent admits to the

            violations set forth in such statement, the respondent waives

            his or her right to an adjudicatory hearing, and the

            respondent's waiver is approved by the committee--

                      ``(A) the subcommittee shall prepare a report for

                    transmittal to the committee, a final draft of which

                    shall be provided to the respondent not less than 15

                    calendar days before the subcommittee votes on whether

                    to adopt the report;

                      ``(B) the respondent may submit views in writing

                    regarding the final draft to the subcommittee within 7

                    calendar days of receipt of that draft;

                      ``(C) the subcommittee shall transmit a report to the

                    committee regarding the statement of alleged violation

                    together with any views submitted by the respondent

                    pursuant to subparagraph (B), and the committee shall

                    make the report together with the respondent's views

                    available to the public before the commencement of any

                    sanction hearing; and

                      ``(D) the committee shall by an affirmative vote of a

                    majority of its members issue a report and transmit such

                    report to the House of Representatives, together with

    [[Page 455]]

                    the respondent's views

                    previously submitted pursuant to

                    subparagraph (B) and any additional views respondent may

                    submit for attachment to the final report; and

              ``(3) members of the committee shall have not less than 72

            hours to review any report transmitted to the committee by an

            investigative subcommittee before both the commencement of a

            sanction hearing and the committee vote on whether to adopt the

            report.

    ``SEC. 20. TECHNICAL AMENDMENTS.
                                      * * *

      ``The Committee on Standards of Official Conduct shall--

              ``(1) clarify its rules to provide that whenever the committee

            votes to authorize an investigation on its own initiative, the

            chairman and ranking minority member shall establish an

            investigative subcommittee to undertake such investigation;

              ``(2) revise its rules to refer to hearings held by an

            adjudicatory subcommittee as adjudicatory hearings; and

              ``(3) make such other amendments to its rules as necessary to

    ``SEC. 21. EFFECTIVE DATE.
            conform such rules to this resolution.

      ``This resolution and the amendments made by it apply with respect to
    any complaint or information offered as a complaint that is or has been
    filed during this Congress.''

                                   __________

    [[Page 456]]

    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. ----).
      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. 25435), to disclose the
    names and pertinent account information of Members and former Members
    found to have abused the privileges of that entity (Mar. 12, 1992, p. --
    --), and to disclose further account information respecting Members and
    former Members having checks held by that entity (Mar. 12,

      Under clause 4(e)(2)(D) a member of the Committee on Standards of
    Official Conduct is ineligible to participate in a Committee proceeding
    relating to that member's official conduct. Upon notification to the
    Speaker of such ineligibility, the Speaker designates another Member of
    the same political party as the ineligible member to serve on the
    Committee during proceedings relating to that conduct (Speaker O'Neill,
    Feb. 5, 1980, p. 1908; July 23, 1996, p. ----). Under clause 4(e)(2)(E),
    a member of the Committee may be recused from serving on the Committee
    during proceedings relating to a pending investigation by submitting an
    affidavit of disqualification to the Committee stating that the member
    cannot render an impartial and unbiased decision relating to that
    investigation. If the Committee accepts the affidavit, the chairman
    notifies the Speaker and requests the Speaker to designate another
    Member from the same political party as the disqualified member to serve
    on the Committee during proceedings relating to that investigation
    (Speaker O'Neill, Mar. 18, 1980).

      The committee has compiled statutory and rule-based ethical standards
    in the House Ethics Manual (102d Cong., 2d Sess.). In the Manual, the
    Committee incorporates its advisory opinions issued under clause
    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.

    [[Page 457]]

    purposes of this paragraph a Government agency includes the
    organizational units of government listed in clause 7(c) of rule XIII.

    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

      (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 458]]

    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, not later than 6 weeks
    after the President submits his budget, 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 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

      (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 of 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 submit such recommendations to the
    Committee on the Budget, in accordance with the Congressional Budget Act
    of 1974.

    [[Page 459]]

    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). In the 105th Congress a conforming change was made to
    paragraph (g) by the Budget Enforcement Act of 1997 (sec. 10104, P.L.
    105-33). Paragraph (h) was amended by the Budget Enforcement Act of 1990
    (tit. XIII, P.L. 101-508) to conform to the enactment of title VI of the
    Budget Act. It was again amended by the Budget Enforcement Act of 1997
    (sec. 10118, P.L. 105-33) to conform to the subsequent repeal of title
    VI.

      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

         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.

      (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
    provision 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.

    [[Page 460]]

    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.

      (c) In carrying out paragraphs (a) and (b) with respect to any matter,
    the Speaker shall designate a committee of primary jurisdiction; but

    [[Page 461]]

    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 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

      An order of the House that no organizational or legislative business
    be conducted on certain days (first by provision of a concurrent
    resolution, but extended by unanimous consent) was considered not to
    deprive Members of the privilege of introducing bills and resolutions
    during pro forma sessions on those days, such measures being numbered on
    the day introduced but not noted in the Record or referred to committee
    until the day on which business was resumed (H. Con. Res. 260, 102d
    Cong., Nov. 26, 1991, p. 35840; see Jan. 22, 1992, p. ----, and Jan. 28,
    1992, p. ----).

    [[Page 462]]

    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. ----). A bill initially referred to
    more than one committee and reported by the primary committee with an
    amendment in the nature of a substitute may be sequentially referred to
    yet another committee for consideration of specified portions of the
    introduced bill (Sept. 12, 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 (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

    [[Page 463]]

    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. 23477), 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. 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,

      On the last day of an expiring sequential referral, a committee has
    until midnight to file its report with the Clerk (Oct. 9, 1991, p.
    26045).

      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).

    [[Page 464]]

    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. ----).
      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

      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

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

    [[Page 465]]

    the minority party. No Member shall serve as a member of the Committee on
    Standards of Official Conduct for more than two Congresses in any period
    of three 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 a Member having served on the
    committee for two Congresses shall be eligible for election to the
    committee as chairman or ranking minority member for one additional
    Congress. Not less than two Members from each party shall rotate off the
    committee at the end of each Congress.
      (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

      (3)(A) At the beginning of each Congress--

              (i) the Speaker (or his designee) shall designate a list of 10
    Members from the majority party; and

              (ii) the Minority Leader (or his designee) shall designate a
    list of 10 Members from the minority party;
    who are not members of the Committee on Standards of Official Conduct
    and who may be assigned to serve as a member of an investigative
    subcommittee of that committee during that Congress. Members so chosen
    shall be announced to the House.

    [[Page 466]]

    same number of Members of his respective party from the list to serve on
    that subcommittee.

      (B) Whenever the chairman and ranking minority member of the Committee
    on Standards of Official Conduct jointly determine that Members
    designated under subdivision (A) should be assigned to serve on an
    investigative subcommittee of that committee, they shall each select the

      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. 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).

      Prior to the 93d Congress, the rule that established the size of the
    Committee on Standards of Official Conduct at 12 Members also required
    that six Members be elected from the majority and six from the minority
    party. Effective in the 93d Congress, the ratio of the Committee was
    codified in the first sentence of subparagraph (2) (H. Res. 988, Oct. 8,
    1974, p. 34470). The Ethics Reform Act of 1989 added a sentence to limit
    service on the Committee to three Congresses in any period of five
    successive Congresses (disregarding service performed for less than a
    full session in any Congress) (P.L. 101-194, Nov. 30, 1989). The current
    limitation on service on the Committee was adopted in the 105th Congress
    (sec. 2, H. Res. 168, Sept. 18, 1997, p. ----). Subparagraph (3) also
    was adopted in the 105th Congress (sec. 1, H. Res. 168, Sept. 18, 1997,
    p. ----).

    [[Page 467]]

    ference, 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.

    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
    con-

      (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. Service on an
    investigative subcommittee of the Committee on Standards of Official
    Conduct pursuant to paragraph (a)(3) 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.

    [[Page 468]]

    tee that is established for a cumulative period longer than six months
    in any Congress.

      (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 commit-

      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.
    ----). Paragraph (b)(2) was amended in the 105th Congress to except
    special service on an investigative subcommittee of the Committee on
    Standards of Official Conduct from the limitation on subcommittee
    service (sec. 1, H. Res. 168, Sept. 18, 1997, p. ----).

      The Speaker lays before the House communications relative to the
    removal of a Member from committee pursuant to this clause (see, e.g.,
    Sept. 11, 1984, p. 24790; Feb. 22, 1989, p. 2500; May 10, 1995, p. ----
    ). 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. 2171); however, during the
    104th Congress, when control of the House shifted, the minority
    leadership retained responsibility for the committee assignments of such
    third-party Member.

    [[Page 469]]

    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 chairman, the Member next in rank in the

      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.
    2169; Feb. 6, 1991, p. 3198). In the 103d Congress a privileged
    resolution, offered at the direction of the Democratic Caucus,
    authorized a named acting chairman to exercise the powers and duties of
    a chairman of a standing committee until otherwise ordered by the House
    (H. Res. 396, Mar. 23, 1994, p. ----).

    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 470]]

    tions, submitted by the respective party caucus or conference.

      (e) All vacancies in standing committees shall be filled by election
    by the House from nomina-

      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. 2169) with a Member
    subsequently designated by his party caucus as ``temporary'' (in order
    to avoid caucus limitations on committee assignments) (Feb. 5, 1991, p.
    2814).

    [[Page 471]]

    point no less than a majority of members who generally supported the House
    position as determined by the Speaker. The Speaker shall name 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 ap-

      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 472]]

    discretionary authority to appoint a
    principal proponent of an adopted floor amendment as an additional
    limited conferee on that issue (p. 20132).
      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. 9830). On June 21, 1977, Speaker
    O'Neill first exercised his

      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 473]]

    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
    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

      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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 474-541]
    [DOCID:hrmanual-71]

    [[Page 474]]

    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 475]]

    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)(1)  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-

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

      (3) A report of an investigation or study conducted jointly by more
    than one committee may be filed jointly, provided that each of the
    committees complies independently with all requirements for approval and
    filing of the report.

      (4) After an adjournment of the last regular session of a Congress
    sine die, an investigative or oversight report may be filed with the
    Clerk at any time, provided that if a member gives timely notice of
    intention to file supplemental, minority, or additional views, that
    member shall be entitled to not less than seven calendar days in which
    to submit such views for inclusion with the report.

      Paragraph (b)(1) was incorporated into the rules under the Committee
    Reform Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470), and, together with clauses 2(m) and 2(n)
    of rule XI, eliminated the necessity that each committee obtain such
    authority each Congress by a separate resolution reported from the
    Committee on Rules. Paragraphs (b)(2), (b)(3), and (b)(4) were added in
    the 105th Congress (H. Res. 5, Jan. 7, 1997, p. ----).

    [[Page 476]]

    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 applicable accounts of the House described in
    clause 1(h)(1) of rule X.

    Sec. 703c. Printing and binding.

      (c)  Each committee is
    authorized to have printed and bound testimony and other data presented
    at hearings

      Paragraph (c) was made part of the rules by the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470). In the 105th Congress it was amended to update
    an archaic reference to the ``contingent fund'' (H. Res. 5, Jan. 7,
    1997, p. ----).

    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 477]]

    each member of the committee for at least seven calendar days and includes
    any supplemental, minority, or additional views submitted by a member of
    the committee.

      (4) After an adjournment of the last regular session of a Congress
    sine die, the chairman of a committee may file a report pursuant to
    subparagraph (1) with the Clerk at any time and without approval of the
    committee, provided that a copy of the report has been available to

      The provisions of paragraph (d)(1) were first made requirements of the
    rules in the 92d Congress (H. Res. 5, Jan. 22, 1971, p. 144,
    incorporating the provisions of sec. 118(b) of the Legislative
    Reorganization Act of 1970 (84 Stat. 1140)), and effective on January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470) exemptions from
    the reporting requirements for the Committees on Appropriations, the
    Budget, House Administration, Rules and Standards of Official Conduct
    were removed, so the paragraph from that point applied to all
    committees. The 104th Congress added paragraphs (d)(2) and (d)(3) to
    require that activity reports include separate sections on legislative
    and oversight activities, including a summary comparison of oversight
    plans and eventual recommendations and actions (sec. 203(b), H. Res. 6,
    Jan. 4, 1995, p. ----). Paragraph (d)(4) was added in the 105th Congress
    (H. Res. 5, Jan. 7, 1997, p. ----).

      Under the Unfunded Mandates Reform Act of 1995, the Committee on Rules
    is required to include in its activity report a separate item
    identifying all waivers of points of order relating to Federal mandates,
    listed by bill or joint resolution number and subject matter (sec.
    107(b), P.L. 104-4; 109 Stat. 63).

    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;

    [[Page 478]]

          (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

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

      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. 39). 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). The
    last two sentences of the clause, providing for publication of committee
    rules in the Congressional Record, derived from statute (2 U.S.C. 190a-2
    (repealed 1979)). A court interpreted that statute to be mandatory in a
    case where a Senate committee failed to publish in the Record a rule
    regarding a quorum for the purpose of taking sworn testimony. In
    overturning a perjury conviction, the court held that the unpublished
    committee rule was not valid. United States v. Reinecke, 524 F.2d 435
    (D.C. Cir. 1975).

    [[Page 479]]

    ruled (see clause 2(g)(5) of rule XI) or the prescribed committee
    procedures for reporting bills and resolutions (clause 2(l) of rule XI)
    or failure to adhere to the former prohibition against committees
    meeting without permission while the House is operating under the five-
    minute rule (clause 2(i) of rule XI) may in some instances be the basis
    for a point of order in the House, resulting in the recommitment of the
    bill. 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
    over-

      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 Sec. Sec. 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 Sec. Sec. 424 and 427, supra) generally
    apply to proceedings in committees of the House of Representatives,
    except that since a measure considered in committee must be read for
    amendment, a motion to limit debate under the five-minute rule in
    committee must be confined to the portion of the bill then pending. The
    previous question may only be moved on the measure in committee if the
    entire measure has been read, or considered as read, for amendment.

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

    [[Page 480]]

    fixed by the committee, unless otherwise provided by written rule
    adopted by the committee.

    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

      (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 481]]

    the committee shall notify all members of
    the committee that such special meeting will be held and inform them of
    its date and hour and the measure or matter to be considered; 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

            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. 39). 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 482]]

    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, except that in the case of rollcall votes in the
    Committee on Standards of Official Conduct taken in executive session,
    the result of any such vote shall not be made available for inspection
    by the public without an affirmative vote of a majority of the members
    of the committee.

    [[Page 483]]

    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 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

      (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.

      (4) Each committee shall, to the maximum extent feasible, make its
    publications available in electronic form.

    [[Page 484]]

    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. ----).
      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). The qualified exception for
    the Committee on Standards of Official Conduct from the requirement of
    the last sentence of paragraph (e)(1) was added in the 105th Congress
    (sec. 8, H. Res. 168, Sept. 18, 1997, p. ----). Effective on January 3,
    1975 (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470), the requirement
    that proxy votes in committee be made available

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

      Paragraph (e)(3) was added in the 101st Congress (H. Res. 5, Jan. 3,
    1989, p. 72). Paragraph (e)(4) was added in the 105th Congress (H. Res.
    5, Jan. 7, 1997, p. ----).

      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 (June 26, 1961, p. 11233; see also
    Procedure, ch. 17, sec. 15).

    [[Page 485]]

    the Budget, International Relations, and National Security, as compiled
    by the Committee on Rules.

    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, e.g., the rules of the
    Committees on

    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).

    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 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.

    [[Page 486]]

    tional 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.

    708.

      (g)(1)  Each meeting for the transaction of business,
    including the markup of legislation, of each standing committee or
    subcommittee thereof (except the Committee on Standards of Official
    Conduct) 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 na-

    [[Page 487]]

      (2) Each hearing conducted by each committee or subcommittee thereof
    (except the Committee on Standards of Official Conduct) 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

              (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 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.

    [[Page 488]]

    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 House Information Resources.
      (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

      (4) Each committee shall, to the greatest extent practicable, require
    witnesses who appear before it to submit in advance written statements
    of proposed testimony and to limit their initial oral presentations to
    the committee to brief summaries thereof. In the case of a witness
    appearing in a nongovernmental capacity, a written statement of proposed
    testimony shall include a curriculum vitae and a disclosure of the
    amount and source (by agency and program) of any Federal grant (or
    subgrant thereof) or contract (or subcontract thereof) received during
    the current fiscal year or either of the two previous fiscal years by
    the witness or by an entity represented by the witness.

    [[Page 489]]

    mittee which reported the measure if, in the committee, such point of
    order was (A) timely made and (B) improperly overruled or not properly
    considered.
      (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 com-

      (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 490]]

    affirmative vote of a majority of members (sec. 5, H. Res. 168, Sept.
    18, 1997, 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. 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. ----). In the 105th Congress subparagraphs (1) and (2) were
    again amended to reflect an amendment to clause 4(e)(3) of rule X
    requiring meetings of the Committee on Standards of Official Conduct to
    occur in executive session (except for adjudicatory subcommittee
    meetings or full committee sanction hearings) unless opened by an

      Subparagraphs (3)-(6) derive from sections 111(b), 113(b), 115(b), and
    242(c) respectively of the Legislative Reorganization Act of 1970 (84
    Stat. 1140) and became part of the rules in the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144). Effective January 3, 1975 (H. Res. 988, 93d
    Cong., Oct. 8, 1974, p. 34470), these provisions were inadvertently
    omitted from the rules, and were therefore reinserted in the 94th
    Congress (H. Res. 5, Jan. 14, 1975, p. 20).

      Subparagraph (3) was amended in the 97th Congress (H. Res. 5, Jan. 5,
    1981, pp. 98-113) to add the requirement of prompt entering of public
    notice of committee meetings into the committee scheduling service of
    the House Information Resources. Subparagraph (3) was again amended in
    the 104th Congress to permit the calling of a hearing on less than seven
    days' notice upon a determination of good cause either by vote of the
    committee or subcommittee or by its chairman with the concurrence of its
    ranking minority member (H. Res. 43, Jan. 31, 1995, p. ----). In the
    105th Congress subparagraph (3) was amended to effect a technical
    correction (H. Res. 5, Jan. 7, 1997, p. ----).

    Quorum for taking testimony and certain other action

      Subparagraph (4) was rewritten in the 105th Congress to encourage
    committees to elicit curricula vitae and disclosures of certain
    interests from nongovernmental witnesses (H. Res. 5, Jan. 7, 1997, p. --
    --).

    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 491]]

    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 was adopted in the 84th Congress and only related to
    the authority of a committee to fix a quorum of not less than two for
    taking testimony (H. Res. 151, Mar. 23, 1955, pp. 3569, 3585). In the
    95th Congress (H. Res. 5, Jan. 4, 1977, pp. 53-70) subparagraph (2) was
    added to authorize committees to fix a quorum less than a majority for
    certain

    Limitation on committees' sittings

      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).

    710. Committees not to sit.

      (i)  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 492]]

    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. ----), on which he controlled one hour of
    debate (Jan. 23, 1995, p. ----). In the 105th Congress so much of
    paragraph (i) as related to proceedings under the five-minute rule was
    again stricken (H. Res. 5, Jan. 7, 1997, p. ----).

    Calling and interrogation of witnesses

      A clause regulating when committees could sit had its origin in 1794.
    It was omitted from rule XI in the adoption of rules for the 80th
    Congress but remained effective as part of the Legislative
    Reorganization Act of 1946, the applicable provisions of which were
    continued as a part of the rules of the House. While the rule formerly
    prohibited committees from sitting at any time when the House was in
    session, it was narrowed to proscribe sittings during the five-minute
    rule by the Legislative Reorganization Act of 1970 (sec. 117(b); 84
    Stat. 1140) and this revision was made part of the standing rules in the
    92d Congress (H. Res. 5, Jan. 22, 1971, p. 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,

    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)(A) Subject to subdivisions (B) and (C), 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.

      (B) A committee may adopt a rule or motion permitting an equal number
    of its majority and minority party members each to question a witness
    for a specified period not longer than 30 minutes.

      (C) A committee may adopt a rule or motion permitting committee staff
    for its majority and minority party members to question a witness for
    equal specified periods.

    [[Page 493]]

    members of a committee are entitled to call witnesses
    selected by the minority for at least one day of hearings, no rule of
    the House requires the calling of witnesses on opposing sides of an
    issue (Oct. 14, 1987, p. 27921). In the 105th Congress paragraph (j)(2)
    was redesignated as (2)(A) and two new subparagraphs were added as
    (2)(B) and (2)(C) to enable committees to permit extended examinations
    of witnesses (for 30 additional minutes) by designated members or by
    staff (H. Res. 5, Jan. 7, 1997, p. ----).

    Investigative hearing procedures

      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

    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.

      (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,

    [[Page 494]]

    that such evidence or testimony may tend to defame, degrade, or
    incriminate any person; and
              (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

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

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

      (7) 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 495]]

    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 or subcommittee to hear testimony
    asserted to be defamatory in executive session upon a determination by a
    majority of those present that such testimony is indeed defamatory,
    degrading, or incriminating. In the 105th Congress subparagraph (5) was
    amended to clarify a majority of those voting (a full quorum being
    present) may decide to proceed in open session (H. Res. 5, Jan. 7, 1997,
    p. ----). 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.

    Committee procedures for reporting bills and resolutions

      The provisions of paragraph (k) were first incorporated into the rules
    in the 84th Congress (H. Res. 151, Mar. 23, 1955, pp. 3569, 3585). The

    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.

    [[Page 496]]

    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.

    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

      Subparagraph (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). Subparagraph (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). Subparagraph (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 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. ----).

      Absent a special order of the House, committee reports must be
    submitted while the House is in session, except for committees that
    honor the guarantee of clause 2(l)(5) of rule XI for composing separate
    views (Sec. 714, infra) (Dec. 17, 1982, p. 31951).

    [[Page 497]]

    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. The preceding sentence shall not apply
    to votes taken in executive session by the Committee on Standards of
    Official Conduct.

      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 (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. ----).

      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).

    [[Page 498]]

    porated 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. ----
    ). The last sentence of subparagraph (2)(B) was adopted in the 105th
    Congress (sec. 8, H. Res. 168, Sept. 18, 1997, 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. ----).
      The requirement of subparagraph (2)(B) was contained in section 104(b)
    of the Legislative Reorganization Act of 1970 (84 Stat. 1140), was
    incor-

    [[Page 499]]

    (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 entitlement authority as defined in section 3(9) 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 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 402 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

      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. ----). Subparagraph (3) was amended in the 105th Congress to reflect
    the repeal of the collective definition of ``new spending authority''
    and the revision of various remaining parts and to effect a technical
    and conforming change (Budget Enforcement Act of 1997 (sec. 10116, P.L.
    105-33)).

    Sec. 713f. Constitutional authority.

      (4)  Each report of a
    committee on a bill or joint resolution of a public character shall
    include a statement citing the specific powers granted to the Congress
    in the Constitution to enact the law proposed by the bill or joint
    resolution.

    [[Page 500]]

    Cong., Oct. 8, 1974, p. 34470). In its original form the provision
    required an analytical statement of inflationary impact, but in the
    105th Congress it was converted to require a statement of Constitutional
    authority (H. Res. 5, Jan. 7, 1997, p. ----). If a point of order were
    sustained under this subparagraph, the measure would be recommitted to
    the reporting committee (Feb. 13, 1995, p. ----).

      Subparagraph (4) became a part of the rules under the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d

    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, which may
    be waived in the House by majority vote (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 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 501]]

    this subparagraph has expired (or, if sooner, when all separate views
    have been received), the committee may arrange to file its report with
    the Clerk not later than one hour after the expiration of such time. 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 two additional calendar days after the day of
    such notice (excluding Saturdays, Sundays, or legal holidays except when
    the House is in session on such a day) 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. When time guaranteed by

              (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 502]]

    the 105th Congress it was further
    amended: (1) to reduce the guaranteed time for composing separate views
    from three full days to two full days after the day of notice; and (2)
    to establish standing authority for committees to file reports with the
    Clerk after honoring the guarantee of the rule (H. Res. 5, Jan. 7, 1997,
    p. ----).

    -  (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, or legal holidays
    except when the House is in session on such a day) on which the report
    of that committee upon that measure or matter has been available to the
    Members of the House: 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 (B) was added under the Committee Reform
    Amendments of 1974, effective January 3, 1975 (H. Res. 988, 93d Cong.,
    Oct. 8, 1974, p. 34470). In the 104th Congress it was amended to count
    as a ``calendar day'' any day on which the House is in session (H. Res.
    254, Nov. 30, 1995, p. ----). In

    [[Page 503]]

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

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

      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. 39). It was
    amended in the 104th Congress to count as a ``calendar day'' any day on
    which the House is in session (H. Res. 254, Nov. 30, 1995, p. ----), and
    again in the 105th Congress to achieve like treatment in the case of a
    concurrent resolution on the budget (H. Res. 5, Jan. 7, 1997, p. ----).
    The rule was later amended in the 105th Congress to conform to a change
    in the layover requirement for a concurrent resolution on the budget
    (Budget Enforcement Act of 1997 (sec. 10109, P.L. 105-33)).

    [[Page 504]]

    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 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).

      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

    Sec. 716. Oneday layover.

      A committee  expense resolution
    reported by the Committee on House Oversight pursuant to clause 5 of
    rule XI need only be available for one day. However, other resolutions
    reported from that committee which are privileged (such as a resolution
    authorizing the printing of material as a House document), but which do
    not constitute questions of the privileges of the House, are subject to
    this clause (Speaker Albert, Mar. 6, 1975, p. 5537).

    [[Page 505]]

    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.

    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 506]]

    may be authorized and issued
    only when authorized by an affirmative vote of a majority of its
    members. 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.
      (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, except in the case of a subcommittee of the Committee on
    Standards of Official Conduct, a subpoena

      (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 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 (H. Res. 5, Jan. 14, 1975, p. 20);
    and in the 95th Congress 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 (H.
    Res. 5, Jan. 4, 1977, pp. 53-70). The special rule in subparagraph
    (2)(A) for authorizing and issuing a subpoena of a subcommittee of the
    Committee on Standards of Official Conduct was adopted in the 105th
    Congress (sec. 15, H. Res. 168, Sept. 18, 1997, p. ----).

    [[Page 507]]

    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.
      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

    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:

    [[Page 508]]

    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.

    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

    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 expended
    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.

    [[Page 509]]

    transportation) incurred, by the Member or employee during any day.
      (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

      (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.

      (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 provision of these Rules of the House of Representatives.

      (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.

    [[Page 510]]

    (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.
      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

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

                 Broadcasting of Committee Hearings and Meetings

    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--

    [[Page 511]]

    and its committees, the consideration thereof, and the action taken
    thereon; and
          (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

          (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.

      (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--

    [[Page 512]]

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

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

      (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)  Each committee of the House
    shall adopt written rules to govern its implementation of this clause.
    Such rules shall include provisions to the following effect:

    [[Page 513]]

          (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.

          (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.

    [[Page 514]]

          (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.

          (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 coverage of the
    hearing or meeting at the then current state of the art of television
    coverage.

    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.

    [[Page 515]]

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

          (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.

          (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.

    [[Page 516]]

    ----). Later in the 104th Congress clause 3 was again amended to make
    conforming changes in its heading and in paragraph (f) (H. Res. 254,
    Nov. 30, 1995, p. ----).

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

                        Privileged Reports and Amendments

    [[Page 517]]

    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, contested
    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
    applicable accounts of the House described in clause 1(h)(1) of rule X,
    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.

      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 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. ----). In the
    105th Congress it was amended to update an archaic reference to the
    ``contingent fund'' (H. Res. 5, Jan. 7, 1997, p. ----).

    [[Page 518]]

    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).
      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

    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 the regular
    order continues on from the point of interruption (IV, 3070, 3071). But
    the Speaker has declined to allow a call of committees to be 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 519]]

    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 considered
    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. 20178). The Committee on
    Rules has reported as privileged a special order of business nearly
    identical to one previously rejected by the House, but held not to
    constitute ``another of the same substance'' within the meaning of
    Jefferson's section XLIII (reconsideration) because it provided a
    different scheme for general debate (July 27, 1993, p. ----).

    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

      A resolution consisting solely of privileged matter, albeit in two
    separate jurisdictions empowered to report at any time under clause
    4(a), has been referred to a primary committee, reported therefrom as
    privileged, referred sequentially, and reported as privileged from the
    sequential committee as well (H. Res. 258, 102d Cong., Nov. 8, 1991, p.
    30979, Nov. 19, 1991, p. 32903).

    [[Page 520]]

      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).

    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
    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.

    [[Page 521]]

    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 prohibit the Committee on
    Rules from recommending a rule or order that would prevent a motion by
    the Minority Leader or his designee to recommit with instructions to
    report back an amendment otherwise in order except in the case of a
    Senate bill or resolution for which the text of a House-passed measure
    is being substituted (sec. 210, H. Res. 6, Jan. 4, 1995, p. ----). For
    rulings under the earlier form of the rule, see Sec. 729c, infra.
      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

      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 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).

      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).

    [[Page 522]]

    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. ----).
      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

      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. 28097). No point
    of order lies against a resolution reported from the Committee on Rules
    that waives points of order against a measure or provides special
    procedures for its consideration, where no law constituting a rule of
    the House prohibits consideration of such a resolution (resolution
    providing for consideration of a budget resolution, where a statute,
    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 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. 32083).

    [[Page 523]]

    consideration or a motion to lay the pending resolution on
    the table (V, 5739); and (3) the motion to postpone to a day certain
    (Oct. 9, 1986, p. 29972). A motion to reconsider the vote on ordering
    the previous question has been held not dilatory (V, 5739). Before
    debate has begun on a report from the Committee on Rules, a question of
    the privileges of the House takes precedence (VIII, 3491; Mar. 11, 1987,
    p. 5403). In the event that the previous question is rejected on a
    privileged resolution from the Committee on Rules, the provisions of
    clause 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. 25575). 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. 25575), and
    may be laid on the table without carrying with it the resolution itself
    (Sept. 25, 1990, p. 25575). Only one motion to adjourn is admissible
    during the consideration of a report from the Committee on Rules (July
    23, 1997, p. ----), and the motion may not be made 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 day, and debate resumes from the point where interrupted
    (Sept. 27, 1993, p. ----; Sept. 28, 1993, p. ----). The Chair has held
    that a virtually consecutive invocation of rule XXX, resulting in a
    second pair of votes on use of a chart and on reconsideration thereof,
    was not dilatory under clause 4(b) (or clause 10 of rule XVI) (July 31,
    1996, 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 following have
    been excluded: (1) the motion to commit after the ordering of the
    previous question (V, 5593-5601; VIII, 2270, 2750; Feb. 22, 1984, p.
    2965); (2) an appeal from the Chair's decision not to entertain the
    question of

      A motion to recommit a special rule from the Committee on Rules is not
    in order (VIII, 2270, 2753).

    [[Page 524]]

    (without instructions) (sustained by
    tabling of appeal, Oct. 16, 1990, p. 29657; 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. 15229). See
    Deschler's Precedents, vol. 6, ch. 21, sec. 26.11; see generally
    Deschler's Precedents, vol. 7, ch. 23, sec. 25.

    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. 13170; Speaker
    Foley, Nov. 25, 1991, p. 34460); or by expressly allowing only a simple
    (``straight'') motion to recommit

      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).

      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 permitted 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).

      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).

    [[Page 525]]

    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.

    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

    [[Page 526]]

    tion 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 Committee on Rules
    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 Committee on
    Rules 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 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 recogni-

      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

          (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 appropriate typographical device the
    omissions and insertions proposed to be made.

    [[Page 527]]

    in House rules on enactment of the bill into law, but not itself
    repealing or amending any rule (May 27, 1993, p. ----).

      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

    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 528]]

    bers 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 reported by the Committee on House Oversight. A
    primary <> expense resolution
    may include a reserve fund for unanticipated expenses of committees. An
    amount from such a reserve fund may be allocated to a committee only by
    the approval of the Committee on House Oversight. A 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
    Mem-

          (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 529]]

    least one calendar day prior to the consideration of that resolution in
    the House. Such report shall, for the information of the House--

    Sec. 732c1. 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 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

          (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---

    Sec. 732c2. 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

    [[Page 530]]

    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.

          (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

      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. ----). In the 105th Congress
    paragraph (a) was amended to permit a primary expense resolution to
    include a reserve fund for unanticipated expenses of committees (H. Res.
    5, Jan. 7, 1997, p. ----).

      The Committee on Appropriations is not covered by this clause, but is
    reimbursed by funds in appropriation acts for expenses of examinations
    of estimates of appropriations in the field (31 U.S.C. 22a). An
    exemption from this clause for the Committee on the Budget was effective
    from the enactment of the Congressional Budget Act of 1974 through the
    103d Congress.

      Based on the exception stated in paragraph (c), a resolution
    establishing a task force of members of a standing committee and
    providing for the payment of its expenses from the contingent fund of
    the House (now referred to as ``applicable accounts of the House
    described in clause 1(h)(1) of rule X'') was held not to be subject to a
    point of order under clause 5(a) for lack of report language detailing
    the funding provided, since the resolution was called up at the
    beginning of the session prior to consideration of a primary expense
    resolution for all committees for that calendar year (Feb. 5, 1992, p.
    ----).

    [[Page 531]]

      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).

    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.

    [[Page 532]]

      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 533]]

    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 534]]

    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 535]]

    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 536]]

    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. 733d. Consultants and training.

      Committees  may, with
    the approval of the Committee on House Oversight, procure the temporary
    or intermittent services of consultants and obtain specialized training
    for professional staff, subject to expense resolutions, under the
    Legislative Reorganization Act of 1970, sections 303 and 304 (2 U.S.C.
    72a(i) and (j)).

    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

    [[Page 538]]

              (B) may not be assigned any duties other than those pertaining
    to committee business.

    Sec. 734b. ``Associate'' or
    ``shared'' staff.

      (2) Subparagraph (1) 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
    compensation 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.

      (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. ----), and later also effected a
    technical correction in subparagraph (2) (H. Res. 254, Nov. 30, 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 538]]

    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. 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

    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.

    [[Page 539]]

    the new name of the Committee on House Oversight (sec.
    202(b), H. Res. 6, Jan. 4, 1995, p. ----).

      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

      (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 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
    applicable accounts of the House described in clause 1(h)(1) of rule X,
    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.

    [[Page 540]]

    the accessibility to him or her of committee records.
      (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

      (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
    paragraph (a)(1) who are satisfactory to a majority of the minority
    party members, are otherwise assigned to assist the minority party
    members.

      Paragraphs (f)-(h) 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. ----). In
    the 105th Congress paragraph (f) was amended to update an archaic
    reference to the ``contingent fund'' (H. Res. 5, Jan. 7, 1997, p. ----).

    Sec. 738. Nonpartisan staff.

      (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.

    [[Page 541]]

    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. ----).
      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

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 541-543]
    [DOCID:hrmanual-72]

    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 Congressional Record, on the names, professions and
    salaries of committee employees.

                                    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 542]]

    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. 39). 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 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

      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. ----).

    [[Page 543]]

    exercise in those committees on which he serves the same powers as other
    members, including the right to vote.
      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

      The office of Delegate was established by ordinance of the Continental
    Congress and confirmed by a law of Congress (I, 400, 421). The nature of
    the office has been the subject of much discussion (I, 400, 403, 473);
    and except as provided by law (I, 431, 526) the qualifications of the
    Delegate also have been a matter of discussion (I, 421, 423, 469, 470,
    473). A territory or district must be organized by law before the House
    will admit a Delegate (I, 405, 407, 411, 412).

      The 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). He has been recognized to object to the consideration of a bill
    (VI, 241), to a unanimous-consent request to concur in a Senate
    amendment (June 29, 1984, p. 20267), and has made reports for committees
    (July 1, 1958, p. 12870). The rights and prerogatives of a Delegate in
    parliamentary matters are not limited to legislation affecting his own
    territory (VI, 240).

      At the organization of the House, the Delegates and Resident
    Commissioner are sworn (I, 400, 401); but the Clerk does not put them on
    the roll (I, 61, 62). 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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 543-552]
    [DOCID:hrmanual-73]

      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.

    [[Page 544]]

    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.

      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. 23677). But the Speaker has no authority to change
    calendar reference made by the House (VI, 749; VII, 859). Reports from
    the Court of Claims do not remain on the calendar from Congress to
    Congress, even when a law seems so to provide (IV, 3298-3302). In
    determining whether a bill should be placed on the House or Union
    Calendar, clause 3 of rule 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).

    [[Page 545]]

    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).

      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

    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
    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.

      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).

    [[Page 546]]

    Committee on Rules merely waiving the three
    day availability requirement may be immediately considered and do not
    require a two-thirds vote.
      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

      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.

      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.

    [[Page 547]]

      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).

      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 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).

    [[Page 548]]

    Speaker may direct the Clerk to call any bill
    that has been on the Corrections Calendar for three legislative days.

    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.'' At
    any time on the second and fourth Tuesdays of each month, after the
    Pledge of Allegiance, the

      (b) A bill so called shall be considered in the House, shall be
    debatable for one hour equally divided and controlled by the chairman
    and ranking minority member of the primary committee of jurisdiction
    reporting the bill, and shall not be subject to amendment except those
    amendments recommended by the primary committee of jurisdiction or those
    offered by the chairman of the primary committee or a designee. 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.

      (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.

    [[Page 548]]

      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. ----). Later in the 104th Congress several technical
    changes were effected, and paragraph (b) was amended to admit amendments
    by a designee of the chairman of the primary committee (H. Res. 254,
    Nov. 30, 1995, p. ----). In the 105th Congress paragraph (a) was amended
    to permit bills to be called from the Calendar at any time on a
    Corrections day and in any order (H. Res. 5, Jan. 7, 1997, p. ----). The
    Speaker may discharge a bill from the Corrections Calendar at any time
    (June 24, 1996, p. ----). In the 105th Congress the House established a
    Corrections Calendar Office to assist the Speaker in management of the
    Calendar (H. Res. 7, Jan. 7, 1997, p. ----).

    Sec.
    746. Former Consent Calendar.

      The original form of this 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).

      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 report before directing the call of the
    Consent Calendar (May 4, 1970, pp. 13991-95).

    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. 39). 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.

    [[Page 550]]

    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

          (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.

    [[Page 551]]

    of Official Conduct,
    and do not apply where a cost estimate and comparison prepared by the
    Director of the Congressional Budget Office under section 402 of the
    Congressional Budget Act of 1974 has been timely submitted prior to the
    filing of the report and included in the report pursuant to clause
    2(l)(3)(C) of rule XI.
      (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

      (e)(1) A report from the Committee on Ways and Means on a bill or
    joint resolution designated by the Majority Leader (after consultation
    with the Minority Leader) as major tax legislation may include a dynamic
    estimate of the changes in Federal revenues expected to result from
    enactment of the legislation. The Joint Committee on Taxation shall
    render a dynamic estimate of such legislation only in response to a
    timely request from the chairman of the Committee on Ways and Means
    (after consultation with the ranking minority member of the committee).
    A dynamic estimate pursuant to this paragraph may be used only for
    informational purposes.

      (2) In this paragraph, ``dynamic estimate'' means a projection based
    in any part on assumptions concerning probable effects of macroeconomic
    feedback. A dynamic estimate shall include a statement identifying all
    such assumptions.

    [[Page 552]]

    Office is included in the report. Paragraph (a) was
    amended by the Budget Enforcement Act of 1990 (2 U.S.C. 900 note) 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 the new name of the Committee on House
    Oversight (sec. 202(b), H. Res. 6, Jan. 4, 1995, p. ----). In the 105th
    Congress paragraph (d) was amended to effect a technical change (Budget
    Enforcement Act of 1997 (sec. 10116, P.L. 105-33). Paragraph (e) was
    added in the 105th Congress (H. Res. 5, Jan. 7, 1997, p. ----). A
    committee cost estimate identifying certain spending authority as
    recurring annually and indefinitely was held necessarily to address the
    five-year period required by section 308 of the Congressional Budget Act
    of 1974 (Nov. 20, 1993, p. ----).

      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

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 552-570]
    [DOCID:hrmanual-74]

    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 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 553]]

    Senate action or inaction concerning a
    measure then under debate in the House, and quotations from Senate
    proceedings on a measure then under debate in the House and which are
    relevant to the making of legislative history establishing the meaning
    of that measure, but may not include characterizations of Senate action
    or inaction, other references to individual Members of the Senate, or
    other quotations from Senate proceedings.

    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

      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.

    [[Page 554]]

    to the occupant of the Chair and addresses him as ``Mr.
    Speaker'' pursuant to this clause (Nov. 1, 1983, p. 30267).
      The Speaker, who has a responsibility under rule I to maintain and
    enforce decorum in debate, and the Chairman of the Committee of the
    Whole, who enforces decorum in debate under rule XXIII, have 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, and the Chair enforces this rule
    on its own initiative (see, e.g., Nov. 8, 1979, p. 31519; Sept. 29,
    1983, p. 26501; Dec. 17, 1987, p. 36139); (3) Members should not refer
    to or address any occupant of the galleries; (4) Members should refer to
    other Members in debate only in the third person, by state designation
    (Speaker O'Neill, June 14, 1978, p. 17615; Oct. 2, 1984, p. 28520; Mar.
    7, 1985, p. 5028); (5) Members should refrain from using profanity or
    vulgarity in debate (Mar. 5, 1991, p. 5036; Feb. 18, 1993, p. ----; Nov.
    17, 1995, p. ----); (6) the Chair may interrupt a Member engaging in
    ``personalities'' with respect to another Member of the House, as the
    Chair does with respect to references to the Senate or the President
    (Jan. 4, 1995, p. ----); and (7) Members should refrain from discussing
    the President's personal character (May 10, 1994, p. ----). The Speaker
    has deplored the tendency to address remarks directly to the President
    (or others not in the Chamber) in the second person, and cautions
    Members on his own initiative (see, e.g., Oct. 16, 1989, p. 24715; Oct.
    17, 1989, p. 24764; Jan. 24, 1990, p. 426; Oct. 9, 1991, p. 25999). Even
    when referring in debate to the Speaker, himself, a Member directs his
    remarks

      Members should refrain from speaking disrespectfully of the Speaker or
    arraigning the personal conduct of the Speaker, and under the precedents
    the sanctions for such violations transcend the ordinary requirements
    for timeliness of challenges (II, 1248; Jan. 4, 1995, p. ----; Jan. 18,
    1995, p. ----; Jan. 19, 1995, p. ----). Engaging in personalities with
    respect to the Speaker's conduct is not in order even though possibly
    relevant to a pending resolution granting him certain authority (Sept.
    24, 1996, p. ----).

      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. ----;
    Oct. 19, 1995, pp. ----, ----; Nov. 17, 1995, p. ----; Mar. 7, 1996, p.
    ----; Sept. 26, 1996, 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. ----). Under this
    standard the Chair may deny recognition to a Member who has engaged in
    unparliamentary debate and ignored repeated admonitions by the Chair to
    proceed in order, subject to the will of the House on the question of
    his proceeding in order (Sept. 18, 1996, p. ----).

      For further discussion of personalities in debate with respect to
    references to the official conduct of a Member, see Sec. Sec. 361-363,
    supra; with respect to references to the President, see Sec. 370, supra;
    and with respect to references to the Senate, see Sec. Sec. 371-374,
    supra.

      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).

      In presenting a question of personal privilege the Member is not
    required in the first instance to make a motion or offer a resolution,
    but such is not the rule in presenting a case involving the privileges
    of the House (III, 2546, 2547; VI, 565, 566, 580). Personal explanations
    merely are made by unanimous consent (V, 5065).

    [[Page 555]]

    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. ----). Where
    a Member interrupts another during debate without being yielded to or
    otherwise recognized (as on a point of order), his remarks are not
    printed in the Record (Speaker O'Neill, Feb. 7, 1985, p. 2229; July 21,
    1993, p. ----; July 29, 1994, p. ----; Dec. 21, 1995, p. ----). Members
    should not engage in disruption while another is speaking (Dec. 20,
    1995, p. ----; June 27, 1996, p. ----).

    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,

    [[Page 556]]

    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, 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. 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). 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. ----; Nov. 14, 1995, pp. ----, ----;
    Dec. 15, 1995, p. ----; Mar. 12, 1996, p. ----).

    [[Page 557]]

    fined to the election of that Member and should not extend to that
    committee's agenda (July 10, 1995, p. ----).
      During debate on a bill a Member must maintain a constant nexus
    between debate and the subject of the bill (Nov. 14, 1995, p. ----; Mar.
    12, 1996, p. ----). Debate on a motion to amend must be confined to the
    amendment, and may neither include the general merits of the bill (V,
    5049-5051), nor range to the merits of a proposition not included in the
    underlying resolution (Jan. 31, 1995, p. ----). Similarly, debate on a
    motion to recommit with instructions should be confined to the subject
    of the motion rather than dwelling on the general merits of the bill
    (Mar. 7, 1996, p. ----). On a motion to suspend the rules, debate is
    confined to the object of the motion and may not range to the merits of
    a bill not scheduled for such consideration (Nov. 23, 1991, p. 34189).
    Debate on a special order providing for the consideration of a bill may
    range to the merits of the bill to be made in order (Sept. 26, 1989, p.
    21532; Oct. 16, 1990, p. 29668; Oct. 1, 1991, p. 24836), 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. 26226; July 25, 1995, p. ----; Sept. 20, 1995, p. --
    --; Dec. 15, 1995, p. ----; May 1, 1996, p. ----; May 8, 1996, p. ----;
    May 15, 1996, p. ----; Mar. 13, 1997, p. ----). Debate on a resolution
    providing authorities to expedite the consideration of end-of-session
    legislation may neither range to the merits of a measure that might or
    might not be considered under such authorities nor engage in
    personalities with respect to the official conduct of the Speaker, even
    as asserted to relate to the question of granting the authorities
    proposed (Sept. 24, 1996, 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 sitting Member not the subject of a
    committee report (Dec. 18, 1987, p. 36271). The question whether a
    Member should be relieved from committee service is debatable only
    within very narrow limits (IV, 4510; June 16, 1975, p. 19056). Debate on
    a resolution electing a Member to a committee is con-

      While the Speakers have entertained appeals from their decisions as to
    irrelevancy, they have held that such appeals were not debatable (V,
    5056-5063).

    <>   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 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. 14692).

      This clause was adopted in 1789 (V, 4978).

      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 558]]

    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).

    Sec. 753a. Oneminute and specialorder
    speeches.

        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

      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, 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. ----; Jan. 21, 1997, 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. ----).

    [[Page 559]]

    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 Leaders. 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. ----).

    Sec. 753b. Morninghour debates.

      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. ----; Jan. 21, 1997, p. ----). On May 12, 1995, the House
    extended and modified the above order to accommodate earlier convening

    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 560]]

    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 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). Once the proponent of a pending
    motion has been recognized for debate thereon, a unanimous-consent
    request to modify the motion may be entertained only if the proponent
    yields for that purpose (Jan. 5, 1996, p. ----). 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;

    Sec. 755. Loss of right to recognition by Member in
    charge.

      When  an essential motion made by the Member in charge of a bill is
    decided adversely, the right to prior recognition passes to the Member
    leading the opposition to the motion (II, 1465-1468; VI, 308). Under
    this principle control of a measure passes when the House disagrees to a
    recommendation of the committee reporting the measure (II, 1469-1472) or
    when the Committee of the Whole reports the measure adversely (IV, 4897;
    VIII, 2430). Similarly, this principle applies when a motion for the
    previous question is rejected (VI, 308). However, a Member who led the
    opposition to ordering the previous question may be preempted by a
    motion of higher precedence (Aug. 13, 1982, pp. 20969, 20975-78). On the
    other hand, the mere defeat of an amendment proposed by the Member in
    charge does not cause the right to prior recognition to pass to an
    opponent (II, 1478, 1479).

    [[Page 561]]

    to the report, and the manager retains control to offer the initial
    motion to dispose of amendments in disagreement (Speaker Albert, May 1,
    1975, p. 12761). Similarly, the invalidation of a conference report on a
    point of order, which is equivalent to its rejection by the House, does
    not give the Member raising the question of order the right to the floor
    (VIII, 3284) and exerts no effect on the right to recognition (VI, 313).
    In most cases, when the House refuses to order the previous question on
    a conference report, it then rejects the report (II, 1473-1477; V,
    6396). However, control of a Senate amendment reported from conference
    in disagreement passes to an opponent when the House rejects a motion to
    dispose thereof (Aug. 6, 1993, p. ----).
      Rejection of a conference report after the previous question has been
    ordered thereon does not cause recognition to pass to a Member opposed

    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 562]]

    to consider a motion to suspend the rules and pass an unreported bill (on a
    non-suspension day) (Aug. 12, 1986, p. 21126); (4) requests to permit
    consideration of (nongermane) amendments to bills (Nov. 14, 1991, p.
    32083; Dec. 20, 1995, p. ----); (5) requests to permit expedited
    consideration of measures on subsequent days, as by waiving the
    requirement that a bill be referred to committee for 30 legislative days
    before a motion to discharge may be presented under clause 3 of rule
    XXVII (June 5, 1992, p. ----); and (6) requests relating to Senate
    passed bills on the Speaker's table (Oct. 25, 1995, p. ----; Jan. 3,
    1996, p. ----). In addition, with respect to unanimous-consent requests
    to dispose of Senate amendments to House bills on the Speaker's table,
    the Chair will entertain such a request only if made by the chairman of
    the committee with jurisdiction, or by another committee member
    authorized to make the request (Apr. 26, 1984, p. 10194; Feb. 4, 1987,
    p. 2675; Jan. 3, 1996, p. ----; Jan. 4, 1996, p. ----; Deschler's
    Precedents, vol. 6, ch. 21, sec. 1.23). The Chair has declined to
    entertain a unanimous-consent request to print a separate volume of
    tributes given in memory of a deceased former Member absent concurrence
    of the Joint Committee on Printing (Aug. 1, 1996, p. ----). 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). It is not a proper
    parliamentary inquiry to ask the Chair to indicate which side of the
    aisle has failed under the Speaker's guidelines to clear a unanimous-
    consent request (Feb. 1, 1996, p. ----).

    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
    otherwise in order, this being the way of signifying his objection to
    the request. But this authority did not extend to the former Consent
    Calendar. 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 (see, e.g.,
    Dec. 15, 1981, p. 31590; May 4, 1982, p. 8613; Nov. 16, 1983, p. 33138;
    Jan. 25, 1984, p. 354; Jan. 26, 1984, p. 449; Jan. 31, 1984, p. 1063;
    Oct. 2, 1984, p. 28516; Feb. 4, 1987, p. 2675; Jan. 3, 1989, p. 89; Jan.
    3, 1991, p. 64; Jan. 5, 1993, p. ----; Apr. 4, 1995, p. ----). This
    policy has been extended to: (1) requests relating to reported bills
    (July 23, 1993, p. ----); (2) requests for immediate consideration of
    matters (separately unreported) comprising a portion of a measure
    already passed by the House (Dec. 19, 1985, p. 38356); (3) requests

    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. ----).

    [[Page 563]]

      For a discussion of ``morning-hour debates'' and ``Oxford'' style
    debates, see Sec. Sec. 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).

    Sec. 760. The call to order for words spoken in
    debate.

      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
    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.

    [[Page 564]]

      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.

      Clause 4 was adopted in 1789 and amended in 1822 and 1880 (V, 5175).
    Clause 5 was adopted in 1837 and amended in 1880, although the practice
    of writing down objectionable words had been established in 1808.

    Sec. 761. Words taken down and other calls to order
    for unparliamentary debate.

      Members  transgressing the rules of debate and
    decorum may be called to order by the Speaker (VIII, 2481, 2521, 3479),
    a Member (II, 1344; V, 5154, 5161-5163, 5175, 5192), or a delegate (II,
    1295). A Member may initiate a call to order either by making a point of
    order that a Member is transgressing the rules or by formally demanding
    that words be taken down under clause 5 (Sept. 12, 1996, pp. ----, ----;
    Sept. 17, 1996, p. ----; Sept. 18, 1996, p. ----; Sept. 25, 1996, p. --
    --). A Member's comportment in debate may constitute a breach of decorum
    even though the content of the Member's speech is not, itself,
    unparliamentary (July 29, 1994, p. ----). Except for naming the
    offending Member, the Speaker may not otherwise censure or punish him
    (II, 1345; VI, 237; Sept. 18, 1996, p. ----; see also Sec. 366, supra).
    The House may by proper motions under clauses 4 and 5 of this rule
    dictate the consequences of a ruling by the Chair that a Member was out
    of order (May 26, 1983, p. 14048).

      As discussed in Sec. 374, supra, it is customary for the Chair to
    initiate the call to order a Member who criticizes the actions of the
    Senate, its Members, or its committees, whether in debate or through an
    insertion in the Record (Speaker Albert, Apr. 17, 1975, p. 10458; Oct.
    7, 1975, p. 32055; Feb. 27, 1997, p. ----). On the other hand, the Chair
    customarily awaits an initiative from the floor to call to order a
    Member engaging in personalities in debate with respect to another
    Member of the House (June 29, 1987, p. 18072; Jan. 4, 1995, p. ----;
    Feb. 27, 1997, p. ----). The Chair may take initiative to call to order
    a Member engaging in verbal outburst following expiration of his
    recognition for debate (Mar. 16, 1988, p. 4081). The Chair may deny
    further recognition to an offending Member, subject to the will of the
    House on the question of his proceeding in order (Speaker O'Neill, June
    16, 1982, p. 13843; July 29, 1994, p. ----; Sept. 18, 1996, p. ----).
    The Chair may admonish a Member for words spoken in debate and request
    that they be removed from the Record even prior to a demand that the
    words be taken down (Sept. 24, 1992, p. ----).

    [[Page 565]]

    consent is not required for a Member to withdraw his demand
    that words be taken down prior to a ruling by the Chair (June 18, 1986,
    p. 14232).
      Clause 5 prohibits the taking down of words after intervening business
    (V, 5177; VIII, 2536; Sept. 16, 1991, p. ----; Mar. 28, 1996, p. ----).
    However, a Member on his feet and seeking recognition at the appropriate
    time may yet be recognized to demand that words be taken down even
    though brief debate may have intervened, and a request that a Member
    uttering objectionable words yield does not forfeit the right to demand
    that the words be taken down (VIII, 2528). Action taken by the Chair to
    determine whether a point of order from the floor is intended as a
    demand that words be taken down is not such intervening debate or
    business as would render the demand untimely (Oct. 2, 1984, p. 28522).
    Unanimous

      While a demand that a Member's words be taken down is pending, that
    Member should be seated immediately (July 29, 1994, p. ----; Jan. 25,
    1995, p. ----), and no Member may engage the Chair until the demand has
    been disposed of (Nov. 9, 1995, p. ----; Nov. 15, 1995, p. ----). Where
    two Members consecutively demand that each others' words be taken down
    as unparliamentary, the Chair advises both Members to be seated and then
    directs the Clerk to report the first words objected to (June 19, 1996,
    p. ----). An offending Member may be directed by the Chair to be seated
    even if a formal demand that the Member's words be taken down is not
    pending; for example, where a Member declines to proceed in order at the
    directive of the Chair after points of order have been sustained against
    unparliamentary references in debate, the Chair may, under rules I and
    XIV, deny the Member further recognition as a disposition of the
    question of order, subject to the will of the House on the question of
    proceeding in order (see Sec. 366, supra; Sept. 12, 1996, p.----; Sept.
    17, 1996, p. ----; Sept. 18, 1996, p. ----).

      The words having been read from the desk, the Chair decides whether
    they are in order (II, 1249; V, 5163, 5169, 5187), as read by the Clerk
    and not as otherwise alleged to have been uttered (June 9, 1992, p. ----
    ). When a Member denies that the words taken down are the exact words
    used by himself, the question as to the words is put to the House for
    decision (V, 5179, 5180). Where demands are made to take down words both
    as spoken in a one-minute speech and as reiterated when the offending
    Member is permitted by unanimous consent to explain, the Chair may rule
    simultaneously on both (July 25, 1996, p. ----). A decision of the Chair
    on a point of order that a Member is engaging in personalities is
    subject to appeal (Sept. 28, 1996, p. ----).

      The rule permits a motion that an offending Member be permitted to
    explain before the Chair rules on the words taken down, and the Chair
    has discretion to ask for explanation before ruling on the words (Feb.
    1, 1940, p. 954). The Chair also may recognize an offending Member,
    permitted by unanimous consent, to explain words ruled out of order
    (Nov. 10, 1971, pp. 40442-43).

    [[Page 566]]

    the Chair (Oct. 8, 1991, p. 25757; Mar. 29, 1995, p.
    ----; July 25, 1996, p. ----) or offered by any Member (July 25, 1996,
    p. ----). The motion is not inconsistent with the immediate consequence
    of the call to order because clause 4 also permits the House to
    determine the extent of the sanction for a given breach (Oct. 10, 1991,
    p. 26102). The motion is debatable within narrow limits of relevance
    under the hour rule, and consequently also is subject to the motion to
    lay on the table (Speaker Foley, Oct. 8, 1991, p. 25757).
      If words taken down are ruled 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. ----; Apr. 17, 1997, p. ----),
    even on yielded time (V, 5147), and may not insert unspoken remarks in
    the Record (Jan. 25, 1995, p. ----), but still may exercise his right to
    vote or to demand the yeas and nays (VIII, 2546). The ruling does not
    take the ``issue'' off the floor, and other Members may proceed to
    debate the same subject (July 25, 1996, p. ----). The offending Member
    will not lose the floor if the House permits the Member to proceed in
    order (see, e.g., May 10, 1990, p. 9992), which motion may be stated on
    the initiative of

      Where a Member has been called to order not in response to a formal
    demand that words be taken down but in response to a point of order, the
    former practice was to test the opinion of the House by a motion ``that
    the gentleman be allowed to proceed in order'' (V, 5188, 5189; VIII,
    2534). Under the modern practice the Chair either may invite the
    offending Member to proceed in order (see, e.g., Sept. 12, 1996, p. ----
    ) or, particularly where admonitions have been ignored, may deny the
    Member recognition for the balance of the time for which he was
    recognized, subject to the will of the House, as by a vote on the
    question whether the Member should be permitted to proceed in order
    (Sept. 12, 1996, p. ----; Sept. 17, 1996, p. ----; Sept. 18, 1996, p. --
    --; Sept. 25, 1996, p. ----).

      Words taken down and ruled out of order by the Chair are subject to a
    motion that they be stricken or expunged from the Record. This motion
    has precedence (VIII, 2538-2541; Aug. 21, 1974, pp. 29652-53), is often
    stated on the initiative of the Chair (May 10, 1990, p. 9992), and is
    debatable within narrow limits (VIII, 2539; Speaker Martin, June 12,
    1947, p. 6896). However, the motion may not be entertained in the
    Committee of the Whole (Feb. 18, 1941, p. 1126) or offered by the Member
    called to order (Feb. 11, 1941, pp. 894, 899), although that Member may
    ask unanimous consent to withdraw his words (VIII, 2528, 2538, 2540,
    2543, 2544).

      When disorderly words are spoken in the Committee of the Whole, they
    are taken down and read at the Clerk's desk, and the Committee rises
    automatically (VIII, 2533, 2538, 2539) and reports them to the House
    (II, 1257-1259, 1348). Action in the House on words reported from the
    Committee of the Whole is limited to the words reported (VIII, 2528),
    and it is not in order as a question of privilege in the House to
    propose censure of a Member for disorderly words spoken in Committee of
    the Whole but not reported therefrom (V, 5202). After words reported to
    the House from Committee of the Whole have been disposed of (by decision
    of the Chair and any associated action by the House), the Committee
    resumes its sitting without motion (VIII, 2539, 2541).

    [[Page 567]]

    leged to be treasonable (II, 1252), or when a Member has uttered an
    attack on the Speaker (II, 1248; Jan. 4, 1995, p. ----; Jan. 19, 1995,
    p. ----).
      The House has censured a Member for disorderly words (II, 1253, 1254,
    1259, 1305; VI, 236). The House may proceed to censure or other action
    although business may have intervened in certain exceptional cases, such
    as when disorderly words are part of an occurrence constituting a breach
    of privilege (II, 1657), when a Member's language has been investigated
    by a committee (II, 1655), when a Member has reiterated on the floor
    certain published charges (III, 2637), when a Member has uttered words al-

      For a discussion of resolving the use of objectional exhibits that are
    a breach of decorum, see Sec. 622, supra; and for a discussion of
    resolving the use of objectional exhibits that are not necessarily a
    breach of decorum, see rule XXX, Sec. 915, infra.

    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. 873a, infra. The right to
    close may not be exercised after the previous question has been ordered
    (V, 4997-5000). The right to close does not belong to a Member who has
    merely moved to reconsider the vote on a bill which he did not report
    (V, 4995). The right of a contestant in an election case to close when
    he is permitted to speak in the contest has been a matter of discussion
    (V, 5001).

    [[Page 568]]

    ommended 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. ----
    ). Where the rule providing for the consideration of an unreported
    measure designates managers who do not serve on a committee of
    jurisdiction, those managers are entitled to close controlled debate
    against an amendment thereto (Sept. 18, 1997, p. ----).
      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).
    The Chair will assume that the manager of a measure is representing the
    committee of jurisdiction even where the measure called up is unreported
    (Apr. 15, 1996, p. ----), where an unreported compromise text is made in
    order as original text in lieu of committee amendments (Oct. 19, 1995,
    p. ----), or where the committee reported the measure without
    recommendation (Feb. 12, 1997, p. ----). Where the pending text includes
    a provision rec-

      Under certain circumstances, however, the proponent of the amendment
    may close debate, as where he represents the position of the reporting
    committee (Aug. 14, 1986, p. 21660) or where no committee representative
    opposes the amendment (Aug. 15, 1986, p. 22057). Where a committee
    representative is allocated control of time in opposition to an
    amendment not by recognition from the Chair but by unanimous-consent
    request of a third Member who was allocated the time by the Chair, then
    the committee representative is not entitled to close debate as against
    the proponent (July 24, 1997, p. ----). Similarly, the proponent of the
    amendment may close debate where no representative from the reporting
    committee opposes an amendment to a multi-jurisdictional bill (Mar. 9,
    1995, p. ----); where the measure is unreported and has no ``manager''
    under the terms of a special rule (Apr. 24, 1985, p. 9206); or where a
    measure is being managed by a single reporting committee and the Member
    controlling time in opposition, though a member of the committee having
    jurisdiction over the amendment, does not represent the reporting
    committee (Nov. 9, 1995, p. ----).

    [[Page 569]]

    equipment (including cellular phones and
    computers) upon the floor of the House at any time.

    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

      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 (secs. 201 and 223, 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.
    ----; June 10, 1996, 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. 29248), nor during sittings of the Committee of the
    Whole (Aug. 14, 1986, p. 21707); and the prohibition extends to smoking
    behind the rail (Feb. 23, 1995, p. ----). 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: (1) that
    Members should not traffic, or linger in, the well of the House while
    another Member is speaking (Feb. 3, 1995, p. ----; Mar. 3, 1995, p. ----
    ; Dec. 15, 1995, p. ----); and (2) that Members should not engage in
    disruption while another Member is speaking (Dec. 20, 1995, p. ----).

    [[Page 570]]

    thereto, until the resolution of a contested election to which
    he was party (H. Res. 233, Sept. 18, 1997, p. ----).

      A former Member must observe proper decorum under this clause, and the
    Chair may direct the Sergeant-at-Arms to assist the Chair in maintaining
    such decorum (Sept. 17, 1997, p. ----). In the 105th Congress the House
    adopted a resolution offered as a question of the privileges of the
    House alleging indecorous behavior of a former Member and instructing
    the Sergeant-at-Arms to ban the former Member from the floor, and rooms
    leading

    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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 571-587]]
    [DOCID:hrmanual-75]

    [[Page 571]]

      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; however, such a unanimous-consent request does not
    permit a Member to remove remarks actually uttered (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, pp.
    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 572]]

      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 573]]

    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 574]]

      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 575]]

    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, pp. 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 576]]

    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 577]]

    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 578]]

    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

      Exercising his authority under this paragraph, the Speaker ordered the
    doors to the Chamber closed and locked during a call of the House and
    instructed the Doorkeeper to enforce the rule and let no Members leave
    the Hall (Deschler's Precedents, vol. 5, ch. 20, sec. 6.3). Clause 2(b)
    does not give the Speaker the authority to lock the doors during a
    recorded vote (June 11, 1997, p. ----).

    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 579]]

    sidered 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 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 con-

      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).

    [[Page 580]]

    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).
      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).

      When a Member objects to a vote on the ground that a quorum is not
    present and makes the point of order under this clause, the Speaker may
    count the House and determine the presence of a quorum, and is not
    required to announce his actual count under the first sentence of this
    clause (Sept. 30, 1981, p. 22456). Where the Speaker ascertains the
    presence of a quorum by actual count following an objection to a vote
    under this clause, or on a rejected demand for the yeas and nays and a
    division vote is then 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).

    [[Page 581]]

    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 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

    Sec. 774b1. 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).

    [[Page 582]]

    the roll, where voting stations are inoperative (Speaker
    O'Neill, Sept. 19, 1985, p. 24245).
      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 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 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).

    [[Page 583]]

    voting stations are closed but before the Speaker's
    announcement of the result, a Member may cast an initial vote or change
    a vote by ballot card in the well (Speaker Albert, Sept. 23, 1975, p.
    29850; Speaker Wright, Oct. 29, 1987, p. 30239). In 1975, Speaker Albert
    announced that changes could no longer be made at the electronic
    stations but would have to be made by ballot card in the well (Speaker
    Albert, Sept. 17, 1975, p. 28903). In 1976, Speaker Albert announced
    that changes could be made electronically during the first 10 minutes of
    a 15-minute voting period, but changes during the last 5 minutes would
    have to be made by ballot card in the well (Speaker Albert, Mar. 22,
    1976, p. 7394). In 1977, Speaker O'Neill announced that changes could be
    made electronically at any time during a vote reduced to five minutes
    under the rules (Speaker O'Neill, Jan. 4, 1977, pp. 53-70).

      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

    Sec. 774b2. ``15and5'' voting.

        (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--

          (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 584]]

    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 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.

      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. ----). A 15-minute
    vote on the question of tabling the motion to reconsider the vote on
    ordering the previous question is not such intervening business as to
    prevent the Chair from reducing to five minutes the vote on the
    underlying question (June 29, 1995, p. ----; July 24, 1997, p. ----).
    Similarly, an intervening vote on the question of tabling the motion to
    reconsider the vote on the motion to recommit does not prevent the Chair
    from reducing the vote on final passage (July 24, 1997, p. ----).

    [[Page 585]]

      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;

          (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

    [[Page 586]]

    with no measure or matter then under consideration for disposition by
    the House.
          (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,

      (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 is not required or a point of order of no
    quorum may not be made or entertained.

      (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).

    [[Page 587]]

    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), or may
    choose not to do so (Sept. 30, 1997, p. ----), 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.
      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; Sept.
    30, 1997, p. ----). The Chair may not entertain a point of order of no
    quorum pending

      The Speaker's refusal to entertain a point of order of no quorum when
    a pending question has not been put to a vote is not subject to an
    appeal, since the clause contains an absolute and unambiguous
    prohibition against entertaining such a point of order (Sept. 16, 1977,
    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).

      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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 588-634]
    [DOCID:hrmanual-76]

    [[Page 588]]

      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.

      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).

    [[Page 589]]

    organization of the House declined to put a question, a Member-elect
    put the question from the floor (I, 67).
      The House always insists that the motion shall be stated or read
    before debate shall begin (V, 4983) and the Clerk's reading may be
    dispensed with only by unanimous consent (Dec. 15, 1975, p. 40671; see
    also Sec. 432, supra). It is the duty of the Speaker to put a motion in
    order under the rules and practice without passing on its constitutional
    effect (IV, 3550; VIII, 2225, 3031, 3071, 3427). In a case wherein a
    clerk presiding during

      Under certain circumstances, a Member may make a double motion (V,
    5637).

    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
    (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).

    [[Page 590]]

    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).
      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

      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).

      A Member having the right to withdraw a motion before a decision
    thereon has the resulting power to modify the motion (V, 5358; Oct. 23,
    1990, p. 32667), and a Member having the right to withdraw a motion to
    instruct conferees before a decision thereon has the resulting power to
    modify the motion by offering a different motion at the same stage of
    proceedings (July 14, 1993, p. ----). 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.

    [[Page 591]]

    (V, 4967, 4968). The question of consideration being pending, a motion to
    refer is not in order (V, 5554).

    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

      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.
    ----).

    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 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).

      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).

    [[Page 592]]

    may be demanded before points of order are raised against
    the substance of the report (VIII, 2439; Speaker Albert, Sept. 28, 1976,
    p. 33019).

    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

    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 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 593]]

    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 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

      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. 39). 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 594]]

    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. ----; Oct. 1, 1997, p. --
    --) as, for example, by virtue of unanimous consent permission to
    announce to the House the legislative program (Dec. 14, 1982, p. 30549),
    or a call of the yeas and nays (V, 6053), or the actual act of voting by
    other means (V, 5360), or be made after the House has voted to go into
    Committee of the Whole (IV, 4728; V, 5367, 5368), or defer the right of
    a Member to take the oath (I, 622) and may not be repeated in the
    absence of intervening business (Speaker Albert, July 31, 1975, p.
    26243); and when no question is under debate it may not displace a
    motion to fix the day to which the House shall adjourn (V, 5381). The
    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

    [[Page 595]]

      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.
    22195), is not in order in Committee of the Whole (IV, 4716), and is not
    entertained when the Committee of the Whole rises to report proceedings
    incident to securing a quorum (VI, 673; VIII, 2436). After the motion is
    made neither another motion nor an appeal may intervene before the
    taking of the vote (V, 5361). When the House adopts the motion to
    adjourn, it must adjourn immediately; and a unanimous-consent request
    that the House proceed to the calling of special order speeches is not
    in order (Sept. 27, 1993, p. ----).

    Sec. 784. Motion to fix the day to which the House shall
    adjourn and motion to authorize the Speaker to declare a
    recess.

      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 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).

      Under the express terms of clause 4, the motion to authorize the
    Speaker to declare a recess is nondebatable and has equal privilege with
    the motion to adjourn. The House (without the consent of the Senate) may
    authorize the Speaker to declare a recess for up to three days (Dec. 15,
    1995, p. ----).

    [[Page 596]]

    tion of inquiry (VI, 415),
    a motion that the Journal be approved as read (Sept. 13, 1965, p.
    23600), a proposal to investigate with a view to impeachment (VI, 541),
    a concurrent resolution to adjourn sine die (Mar. 27, 1936, p. 4512),
    and a resolution to expel a Member (Oct. 1, 1976, p. 35111). But a
    question of privilege (affecting the right of a Member to a seat) that
    has been laid on the table may be taken therefrom on motion made and
    agreed to by the House (V, 5438). The motion to lay on the table has the
    precedence given it by the rule, but may not be made after the previous
    question is ordered (V, 5415-5422; VIII, 2655), or even after the yeas
    and nays have been ordered on the demand for the previous question (V,
    5408, 5409); but pending the demand for the previous question on a
    motion that is under debate, the motion to lay the primary motion on the
    table is preferential and is voted on first (Speaker Albert, Sept. 22,
    1976, pp. 31876-82; Speaker O'Neill, July 10, 1985, pp. 18397-18400).
    The previous question having been ordered on a bill to final passage,
    the motion to lay the bill on the table may not then be offered pending
    a motion to reconsider the vote whereby the bill had been passed or
    rejected (Sept. 20, 1979, pp. 25512-13).

    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. 17, 1991, p. 26749). The motion is
    applicable to a motion to reconsider (VIII, 2652, 2659), a motion to
    postpone to a day certain (VIII, 2654, 2657), a resolution presenting a
    question of privilege (VI, 560), a privileged resolution offered at the
    direction of a party caucus electing Members to committees (Feb. 5,
    1997, p. ----), an appeal from a decision of the Chair (VIII, 3453), a
    motion to discharge a committee from a resolu-

      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. 25575). This rule holds good as to a House bill with Senate
    amendments (V, 5424, 6201-6203; Sept. 28, 1978, p. 32334), but laying on
    the table the motion to postpone consideration of Senate amendments was
    held not to carry to the table pending motions for their disposition
    (VIII, 2657). The Journal does not accompany a proposed amendment to the
    table (V, 5435, 5436); the original question does not accompany an
    appeal (V, 5434); a resolution does not accompany another resolution
    with which it is connected, or a preamble (V, 5248, 5430); and a
    petition does not accompany the motion to receive it when the latter is
    laid on the table (V, 5431-5433); a bill does not accompany a motion to
    instruct conferees which is laid on the table (VIII, 2658).

      A motion to lay on the table a motion to reconsider the vote by which
    an amendment to a resolution had been agreed to would not carry the
    resolution to the table (VIII, 2652).

    [[Page 597]]

    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).
      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. 17, 1991, p.
    26749), or applied to the motions for adjournment (Aug. 3, 1990, p.
    22195), the previous question (V, 5410-5411; Oct. 4, 1994, p. ----), 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,

    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 unfinished business in the House, recognition for
    debate does not begin anew but recommences from the point where it was
    interrupted (June 10, 1980, p. 13801). It is not in order to postpone
    pending business to Calendar Wednesday (VIII, 2614), but if so postponed
    by consent, when consideration is concluded on that Wednesday, the
    remainder of the day is devoted to business in order under the Calendar
    Wednesday rule (VII, 970). The motion is not 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).

    [[Page 598]]

      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).

    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 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).

    [[Page 599]]

    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).
      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

      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 for five minutes in favor of the motion
    may not reserve time (Speaker Wright, June 29, 1988, p. 16510; June 29,
    1989, p. 13938).

    [[Page 600]]

    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 ten 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).

    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

      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. ----).

      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 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.

    [[Page 601]]

    votes pursuant to section 426(b)(3) of
    the Congressional Budget Act of 1974 not to consider a motion to
    recommit against which a Member has made a point of order under section
    425(a) of that Act, a proper motion to recommit remains available (Mar.
    28, 1996, p. ----). 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).
      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). Similarly, if the House

    [[Page 602]]

    ``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 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. 28258). These principles of recognition have been
    applied to motions to

    <>   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).

    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 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.

      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).

    [[Page 603]]

      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).

    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). A resolution
    with two resolve clauses separately certifying the contemptuous conduct
    of two individuals is divisible (Feb. 27, 1986, p. 3040).

    [[Page 604]]

      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).

      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
    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.

    [[Page 605]]

    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).
      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 Committee on Rules and a pending
    amendment thereto (Sept. 25, 1990, p. 25575). On a motion to commit

      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 606]]

    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. ----). Where the question on
    adopting an amendment is divided by special rule (rather than on demand
    from the floor), the Chair puts the question on each divided portion of
    the amendment in the order in which it appears (May 23, 1996, 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 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

      Absent a contrary order, the question may be divided on an amendment
    en bloc comprising discrete instructions to amend, even though unanimous
    consent has just been granted for the en bloc consideration (July 25,
    1990, p. 19174; July 18, 1991, p. 18851). A 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).

      When it is proposed to strike out and insert not one but several
    connected matters, it is not in order to demand a separate vote on each
    of those matters (V, 6124, 6125), as when an amendment in the nature of
    a substitute containing several resolutions is proposed; but after this
    amendment has been agreed to, it is in order to demand a division of the
    original resolution as amended (V, 6127, 6128). When, however, an
    amendment simply adding or inserting is proposed, it is in order to
    divide the amendment (V, 6129-6133). To a motion to strike certain words
    and insert others, a simple motion to strike out the words may not be
    offered as a substitute, as it would have the effect of dividing the
    motion to strike out and insert (June 29, 1939, pp. 8282, 8284-85; June
    19, 1979, pp. 15566-68).

    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 607]]

    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 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).

    [[Page 608]]

    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).

    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. 20816), and an amendment inserting an additional
    section should be germane to the portion of the bill to which it is
    offered (V, 5822; VIII, 2927, 2931; July 14, 1970, pp. 24033-35), though
    it may be germane to

      The test of germaneness in the case of a motion to recommit with
    instructions is the relationship of the instructions to the bill taken
    as a whole (and not merely to the separate portion of the bill
    specifically proposed to be amended in the instructions) (Mar. 28, 1996,
    p. ----).

      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).

      An amendment adding a new section to a bill being read by titles must
    be germane to the pending title (Sept. 17, 1975, p. 28925), but where a
    bill is considered as read and open to amendment at any point, an
    amendment must be germane to the bill as a whole and not to a particular
    section (Sept. 29, 1975, p. 30761; Jan. 30, 1986, p. 1052). Where a
    title of a bill is open to amendment at any point, the germaneness of an
    amendment perfecting one section therein depends on its relationship to
    the title as a whole and not merely on its relationship to the one
    section (June 25, 1991, p. 16152). An amendment in the form of a new
    title, when offered at the end of a bill containing several diverse
    titles on a general subject, need not be germane to the portion of the
    bill to which offered, it being sufficient that the amendment be germane
    to the bill as a whole in its modified form (Nov. 4, 1971, p. 39267;
    July 2, 1974, p. 22029; Sept. 18, 1975, p. 29322; July 11, 1985, 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).

    [[Page 609]]

    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).
      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

      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. ----).

      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).

    [[Page 610]]

    the instructions must be germane to the bill as perfected
    in the House (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. 18397) or direct the committee not to
    report the bill back to the House until an unrelated contingency occurs
    (VIII, 2704). Under the same rationale as amendments to a motion to
    instruct conferees, amendments to a motion to recommit to a standing
    committee with instructions must be germane to the subject matter of the
    bill (see V, 6888; VIII, 2711).

    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 fact that an amendment is offered in conjunction with a motion to
    recommit a bill with instructions to a standing committee does not
    affect the requirement that the subject matter of the amendment be
    germane and within the jurisdiction of the committee reporting the bill
    (Mar. 2, 1967, p. 5155; July 16, 1991, p. 18397).

    [[Page 611]]

    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, 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 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,

    [[Page 612]]

    tinuation of appropriations in the absence of timely
    enactment of a regular appropriation bill was held not germane (June 18,
    1997, p. ----).

    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). To a resolution
    amending several clauses of a rule of the House but confined in its
    scope to the issue of access to committee hearings and meetings, an
    amendment to another clause of that rule relating to committee staffing
    was held not germane (Mar. 7, 1973, p. 6714). To a title of a bill that
    only addresses the administrative structure of a new department and not
    its authority to carry out transferred programs, an amendment
    prohibiting the department from withholding funds to carry out certain
    objectives 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). To one
    of two reconciliation bills reported by the Budget Committee, an
    amendment making a prospective indirect change to the other
    reconciliation bill not then pending before the House was held not
    germane (June 25, 1997, p. ----). To a bill reauthorizing the National
    Sea Grant College Program, a proposal to amend existing law to provide
    for automatic con-

      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 proposition directing a feasibility investigation, an
    amendment requiring the submission of legislation to implement that
    investigation (Dec. 14, 1973, pp. 41747-48); to a section of a bill
    prescribing the functions of a new Federal Energy Administration by
    conferring wide discretionary powers upon the Administrator, an
    amendment directing the Administrator to issue preliminary summer
    guidelines for citizen fuel use (as a further delineation of those
    functions) (Mar. 6, 1974, pp. 5436-37); 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); and to a resolution rescinding an order
    for final adjournment, an amendment fixing a new date therefor (V,
    5920).

      A bill comprehensively addressing a subject requires careful analysis
    to determine whether an amendment addresses a different subject. For
    example, to an amendment in the nature of a substitute comprehensively
    amending several sections of the Clean Air Act with respect to the
    impact of shortages of energy resources on standards imposed under that
    Act, an amendment to another section of the Act suspending temporarily
    the authority of the Administrator of the EPA to control automobile
    emissions was held germane (Dec. 14, 1973, pp. 41688-89). On the other
    hand, to a bill comprehensively restructuring the production and
    distribution of food, an amendment proposed in a motion to recommit to
    provide nutrition assistance, including food stamps and soup kitchen
    programs, was held not germane (Feb. 26, 1996, p. ----).

    [[Page 613]]

    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 purpose of the bill (Aug. 2, 1973, pp. 27673-
    75; July 8, 1975, p. 21633;

      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 614]]

    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. 18397); to a
    bill extending unemployment compensation benefits during a period of
    economic recession, an amendment to stimulate economic growth by tax
    incentives and regulatory reform was held not germane (Sept. 17, 1991,
    p. 23156); 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
    representation of the District of Columbia in Congress, with instructions
    that the Committee on the Judiciary consider a resolution retroceding pop-

    [[Page 615]]

    ulated 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. 17920).
      However, an amendment to accomplish a similar purpose by an unrelated
    method, not contemplated by the bill, is not germane. Thus, to a

    [[Page 616]]

    tion 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
    (then 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.
    18391; 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. ----). To a bill reported by the Committee on Transportation
    and Infrastructure reforming and privatizing Amtrak, an amendment
    rescinding previously appropriated funds for certain administrative
    expenses, a matter within the ju-

    [[Page 617]]

    risdiction of the Committee on Appropriations, is not germane (Nov.
    30, 1995, p. ----).

    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. 9669). To a bill reported by the Committee
    on Government Operations creating an executive agency to protect
    consumers, an amendment conferring on Congressional committees with
    oversight over consumer protection the authority to intervene in
    judicial or administrative proceedings (a 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 transferred to the department is not necessarily
    germane, where the purpose of the authorization is to allow
    appropriations in general appropria-

      Committee jurisdiction is not the sole test of germaneness where: (1)
    the proposition to which the amendment is offered is so comprehensive
    (overlapping several committees' jurisdictions) as to diminish the
    pertinency of that test; (2) the amendment does not demonstrably affect
    a law within another committee's jurisdiction (July 21, 1976, pp. 23167-
    68; Oct. 8, 1985, pp. 26548-51); (3) the portion of the bill also
    contains language, related to the amendment, not within the jurisdiction
    of the committee reporting the bill (Apr. 2, 1976, p. 9254; Aug. 10,
    1984, p. 23975); or (4) the bill has been amended to include matter
    within the jurisdiction of another committee thus permitting further
    similar amendments to be germane (July 11, 1985, pp. 18601-02; 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 618]]

    ity of mortgage interest), a matter within the jurisdiction of the
    Committee on Ways and Means, was held not germane (Aug. 1, 1990,
    p. 21256).
      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, 1978, pp. 15094-96; May 24, 1978, pp. 15293-
    95; Aug. 11, 1978, p. 25705).

      The fact that an amendment is offered in conjunction with a motion to
    recommit a bill with instructions does not affect the requirement that
    the subject matter of the amendment be germane and within the
    jurisdiction of the committee reporting the bill (Mar. 2, 1967, p.
    5155). Thus, 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 619]]

    relating to commerce between the States, an amendment relating
    to commerce within the several States (V, 5841); to a proposition to
    relieve destitute citizens of the United States in Cuba, a proposition
    declaring a state of war in Cuba and proclaiming neutrality (V, 5897);
    to a proposition for the appointment of a select committee to
    investigate a certain subject, an amendment proposing an inquiry of the
    Executive on that subject (V, 5891); to a bill granting a right of way
    to a railroad, an amendment providing for the purchase of the railroad
    by the Government (V, 5887); to a provision for the erection of a
    building for a mint, an amendment to change the coinage laws (V, 5884);
    to a resolution proposing expulsion, an amendment proposing censure (VI,
    236); to a resolution authorizing the administration of the oath to a
    Member-elect, an amendment authorizing such oath administration but
    adding several conditions of punishment predicated on acts committed in
    a prior Congress (Jan. 3, 1969, pp. 23-25); to a general tariff bill, an
    amendment creating a tariff board (May 6, 1913, p. 1234; Speaker Clark,
    May 8, 1913, p. 1381); to a proposition to sell two battleships and
    build a new battleship with the proceeds, a proposition to devote the
    proceeds to building wagon roads (VIII, 2973).

    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 Sec. Sec. 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 620]]

    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
    members of religious groups (July 28, 1965, p. 18633); to a bill
    relating

    [[Page 621]]

    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); 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. ----); and to a bill addressing
    violent crimes, an amendment addressing nonviolent crimes, such as
    crimes of fraud and deception or crimes against the environment (May 7,
    1996, pp. ----, ----).

    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. 28561). Thus, the following are not germane:
    To a bill proposing the admission of one Territory into the Union, an
    amendment for admission of another Territory (V, 5529); to a bill
    amending a law in one particular, amending the law in another particular
    (VIII, 2949); to a proposition to appropriate or to authorize
    appropriations for only one year (and containing no provisions extending
    beyond that year), an amendment to extend the authorization or
    appropriation to another year (VIII, 2913; Nov. 13, 1980, pp. 29523-28;
    see also May 2, 1979, p. 9564; Oct. 12, 1979, pp. 28097-99); to a
    measure 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 for the relief of
    other persons who are not aliens (May 14, 1975, p. 14360);

    [[Page 622]]

    casting to all Dictatorships in the Caribbean Basin (Aug. 10, 1982,
    pp. 20256-57); and to a bill prohibiting a certain class of abortion
    procedures, an amendment prohibiting any or all abortion procedures
    (Mar. 20, 1997, p. ----).

    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); to a bill authorizing funds for radio broadcasting to Cuba, an
    amendment broadening the bill to include broad-

      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).

      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. 32893). To a joint resolution continuing funding within one
    executive department, neither an amendment addressing funding for other
    departments nor one addressing the compensation of Federal employees on
    government-wide bases is germane (Dec. 20, 1995, pp. ----, ----).

    [[Page 623]]

    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). 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. 21573).
      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

    [[Page 624]]

    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
    individual 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, such 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. 26767). To a bill addressing violent crimes, an amendment
    addressing violent crimes involving the environment was held germane
    (May 7, 1996, 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); to an amendment prohibiting indirect
    assistance to several countries, an amendment to include additional
    countries within that prohibition (Aug. 3, 1978, p. 24244); and to a
    portion of a bill providing two categories

    [[Page 625]]

    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 recipient of federal assistance (a class
    not necessarily covered by the class covered by the bill), were ruled
    not to be germane (June 26, 1984, pp. 18847, 18857, 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 be-

    [[Page 626]]

    yond 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 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 di-

    [[Page 627]]

    verse 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. 30171). To a title of a bill dealing with a number of unrelated
    authorities of the Secretary of Agriculture, an amendment amending
    another act within the jurisdiction of the Committee on Agriculture to
    require the adoption of a minimum standard for the contents of ice cream
    was held germane since restricted to the authority of the Secretary of
    Agriculture (July 22, 1977, pp. 24558-70). But to a section of a bill
    amending a section of the National Labor Relations Act dealing with
    procedural rules governing labor elections and organizations, an
    amendment changing the same section of law to require promulgation of
    rules defining certain conduct as an unfair labor practice was held not
    germane, where neither the pending section nor the bill itself addressed
    the subject of unfair labor practices dealt with in another section of
    the law (Oct. 5, 1977, 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. 26767).

    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

    [[Page 628]]

    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 by the bill may be germane, so long as
    not amending a rule of the House (June 11, 1991, p. 14204). 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). To a
    bill not only granting consent of Congress to an interstate compact but
    also imposing conditions on the granting of that consent, an amendment
    stating an additional related condition to that consent and not directly
    changing the compact may be germane (Oct. 7, 1997, p. ----).

    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,

    [[Page 629]]

    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 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, 1981, p. 15010; July 9, 1981, 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

      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).

    [[Page 630]]

    stitute 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).
      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 sub-

      While it may be in order on a general appropriation bill to delay the
    availability of certain funds therein if the contingency does not impose
    new duties on executive officials, the contingency must be related to
    the funds being withheld and cannot affect other funds in the bill not
    related to that factual situation; 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).

    [[Page 631]]

    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).
      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

      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 between 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).

    [[Page 632]]

    (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, 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
    thereto was held not germane (Oct. 26, 1989, p. 26269). See also
    Procedure, ch. 28, secs. 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

    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.

    [[Page 633]]

      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 general
    appropriation bills.

      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).

    [[Page 634]]

    <>   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). Ultimately, this
    clause was amended to delete as obsolete the reference to bills raising
    revenue (H. Res. 254, Nov. 30, 1995, p. ----). 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 (the former Consent Calendar) 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).

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 634-640]
    [DOCID:hrmanual-77]

      The Speaker has declined to entertain debate or appeal on a question
    as to the dilatoriness of a motion, as to do so would be to nullify the
    rule (V, 5731); but has recognized that the authority conferred by the
    rule should not be exercised until the object of the dilatory motion
    ``becomes apparent to the House'' (V, 5713-5714). For example, the Chair
    has held that a virtually consecutive invocation of rule XXX, resulting
    in a second pair of votes on use of a chart and on reconsideration
    thereof, was not dilatory under clause 10 of rule XVI (or clause 4(b) of
    rule XI) (July 31, 1996, p. ----). Usually, but not always, the Speaker
    awaits a point of order from the floor before acting (V, 5715-5722). The
    rule has been applied to the motions to adjourn (V, 5721, 5731-5733;
    VIII, 2796, 2813), to reconsider (V, 5735; VIII, 2797, 2815, 2822), to
    fix the time of five-minute debate in Committee of the Whole (V, 5734;
    VIII, 2817), and to lay on the table (VIII, 2816); and to the question
    of consideration (V, 5731-5733). The point of ``no quorum'' has also
    been ruled out (V, 5724-5730; VIII, 2801, 2808), and 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.

                                   Rule XVII.

                               previous question.

    [[Page 635]]

    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.

    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

      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 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).

    [[Page 636]]

    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).

    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. 8257) but is in
    order in the House as in Committee of the Whole (VI, 639). The motion
    may not include a provision that it shall take effect at a certain time
    (V, 5457). Forty minutes of debate are allowed whenever the previous
    question is ordered on 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

    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. 25575). When a bill is reported
    from the Committee of the Whole with the recommendation that the
    enacting words be stricken out, it may be applied to the motion to
    concur without covering further action on the bill (V, 5342). During
    consideration ``in the House as in Committee of the Whole'' it may be
    demanded while Members still desire to offer amendments (IV, 4926-4929;
    VI, 639), but it may not be moved on a single section of a bill (IV,
    4930). When ordered on a resolution with a preamble there is doubt of
    its application to the preamble, unless the motion specifies (V, 5469,
    5470). It may be moved on a series of resolutions, but this does not
    preclude a division of the resolutions on the vote (V, 5468), although
    where two propositions on which the previous question is moved are
    related, as in the case of a special order reported from the Committee
    on Rules and a pending amendment thereto, a division is not in order
    (Sept. 25, 1990, p. 25575). The previous question is often ordered on
    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).

    [[Page 637]]

    ing 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. 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 pend-

    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).

    [[Page 638]]

    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).
      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

      An opponent has priority in recognition to offer a motion to commit a
    simple or concurrent resolution under this clause, and the Speaker looks
    first to the Minority Leader or his designee (as he would for a motion
    to recommit governed by clause 4 of rule XVI), and then to minority
    members on the committee of jurisdiction in order of seniority (VIII,
    2764; Nov. 28, 1979, p. 33914; Procedure, ch. 23, sec. 13.1), except
    that recognition to offer a motion under this clause to commit a
    resolution called up as a privileged matter without having been referred
    to committee does not depend on opposition to the resolution or on party
    affiliation (Speaker Albert, Feb. 19, 1976, p. 3920).

      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).

    [[Page 639]]

    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).
      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

      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 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).

    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.

    [[Page 640]]

      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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 640-645]
    [DOCID:hrmanual-78]

      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.

    [[Page 641]]

      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).

    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 (V, 5619), or who was paired in favor of the
    majority contention and did not vote, may not make the motion (V, 5614;
    VIII, 2774). When proxy voting was permitted in committee, it was
    generally held that a member who was not present at a vote, but cast his
    vote by proxy, did not qualify to make the motion to reconsider thereon.
    Any Member may object to the Chair's statement that by unanimous consent
    the motion to reconsider a vote is laid on the table, and the objecting
    Member need not have voted on the prevailing side, but if objection is
    made, the Chair's statement is ineffective and only a Member who voted
    on the prevailing side may offer the motion to reconsider the vote
    (Speaker pro tempore Wright, Aug. 15, 1986, p. 22139).

    [[Page 642]]

    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 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

    [[Page 643]]

    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). However, unanimous consent is required to initiate
    reconsideration of a measure passed by both Houses (IV, 3466-3469). The
    Senate may not reconsider the confirmation of a nomination after a
    commission has been issued by the President to a nominee and the latter
    has taken the oath and entered upon the duties of his office (U.S. v.
    Smith, 286 U.S., 6). 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. 25575).

      The motion may not be applied to negative votes on motions to adjourn
    (V, 5620-5622), or for a recess (V, 5625), or to go into Committee of
    the Whole (V, 5641). The motion to reconsider may be applied however to
    an affirmative vote on the motion to resolve into the Committee of the
    Whole while the Speaker is still in the chair (V, 5368; Apr. 20, 1978,
    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 the motion to
    suspend the rules (V, 5645, 5646; VIII, 2781; Sept. 28, 1996, p. ----),
    although it is in order to reconsider an affirmative vote on that motion
    (Sept. 28, 1996, p. ----). It is not in order to reconsider a vote on
    reconsideration of a bill returned with the objections of the President
    (VIII, 2778). A vote whereby a second is ordered may be reconsidered (V,
    5642). The motion to reconsider a vote on a proposition having been once
    agreed to, and the said vote having again been taken, a second motion to
    reconsider may not be made unless the nature of the proposition has been
    changed by amendment (V, 5685-5688; VIII, 2788; Sept. 20, 1979, pp.
    25512-13). After disposition of a conference report and amendments
    reported from conference in disagreement, it is in order on the same day
    to move to reconsider the vote on a motion disposing of one of the
    amendments; but laying on the table a motion to reconsider the vote
    whereby the House has amended a Senate amendment does not preclude the
    House from acting on a subsequent Senate amendment to that House
    amendment, or considering any other proper motion to dispose of an
    amendment that might remain in disagreement after further Senate action
    (Oct. 5, 1983, p. 27323). For a discussion of the application of the
    motion to reconsider in committees, see Sec. 416, supra.

    [[Page 644]]

    (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. 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 undisposed a motion to reconsider the
    vote whereby a simple resolution of the House has been agreed to, it is
    probable that the resolution would be operative; and where a bill has
    been enrolled, signed by the Speaker, and approved by the President, it
    is undoubtedly a law, even though a motion to reconsider may not have
    been disposed of (V, 5704, 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

    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).

    [[Page 645]]

    able (Sept. 25, 1990, p. 25575) 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. 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 debat-

    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; * * *

    Sec. 821. Requirement that reports of committees be in writing
    and 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).
       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 adopted in 1880 (V, 5647).

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 646-649]
    [DOCID:hrmanual-79]

    [[Page 646]]

      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.

    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 647]]

    a perfecting amendment to an amendment is disposed of, the original
    amendment, as amended or not, remains open to further perfecting
    amendment (June 20, 1991, p. 15610), and all such amendments are
    disposed of prior to voting on substitutes for the original amendment
    and amendments thereto (July 26, 1984, p. 21253). An amendment 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 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

    [[Page 648]]

    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. 29932). 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, 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. ----). Under the five-minute rule, the proponent of an
    amendment may not yield to another to offer an amendment to the
    amendment; rather an amendment to the amendment may be offered after the
    proponent of the pending amendment has explained it (Sept. 7, 1995, p.
    ----).

    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. 14337). 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

    [[Page 649]]

    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. 18391), 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. 17930).

    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).

    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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 649-653]
    [DOCID:hrmanual-80]

      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.

    [[Page 650]]

    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.

    Sec. 827. Consideration of Senate amendments in Committee
    of the Whole; motion for conference.

      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

      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. 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).-

    [[Page 651]]

    has been held that each amendment is subject
    to general debate and amendment under the five-minute rule (V, 6193,
    6196). The requirement of this clause that certain Senate amendments be
    considered in Committee of the Whole applies only before the stage of
    disagreement has been reached on the Senate amendment, and it is too
    late to raise a point of order that Senate amendments should have been
    considered in Committee of the Whole after the House has disagreed
    thereto and the amendments reported from conference in disagreement
    (Oct. 20, 1966, p. 28240; Dec. 4, 1975, p. 38714). The Committee on
    Rules may recommend a special order of business providing that a Senate
    amendment pending at the Speaker's table and otherwise requiring
    consideration in Committee of the Whole under this clause be ``hereby''
    adopted, which special order, if adopted, would obviate the requirement
    of this clause (Deschler's Precedents, vol. 6, ch. 21, sec. 16.11; Feb.
    4, 1993, p. ----).-

    Sec. 828a1. Consideration of 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

    Sec. 828a2. Motion for conference.

      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 jurisdiction and
    they have not yet had the opportunity to consider the amendment (June
    28, 1984, p. 19770).

    [[Page 652]]

    request for a conference to the Senate (Speaker Albert, Sept. 16, 1976,
    p. 30868).

    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

    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).

      While the rule provides for a motion authorizing the managers on the
    part of the House to agree to amendments of the Senate in violation of
    clause 2 of rule XXI, such as a motion to recommit a conference report
    on a general appropriation bill with instructions to agree to a
    legislative Senate amendment (Speaker Albert, Dec. 19, 1973, p. 42565),
    it does not permit a motion to recommit a conference report on a general
    appropriation bill to include instructions to add legislation to that
    contained in a Senate amendment (Nov. 13, 1973, p. 36847). It 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).

    [[Page 653]]

    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).
      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

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 654-694]
    [DOCID:hrmanual-81]

    [[Page 654]]

      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.

    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.

    [[Page 655]]

      The second reading of a bill is in full and occurs when the bill is
    considered in the House (IV, 3391) or in the Committee of the Whole
    (Apr. 28, 1977, p. 12635). The initial step of consideration in the
    Committee of the Whole is sometimes referred to as the ``first reading''
    and is customarily dispensed with by unanimous consent or special rule.
    Thus, the second reading of a bill comprises its reading for amendment
    in the Committee of the Whole (Apr. 28, 1977, p. 12635). Any Member may
    demand a full reading of a bill before general debate begins in the
    Committee of the Whole or, if considered in the House, when first taken
    up for action (IV, 3391, 4738). However, the second reading is normally
    affected by unanimous consent, suspension of the rules, or a special
    rule providing for the consideration of the bill. A motion to dispense
    with the reading of a bill in full 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. 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
    passage must first be reconsidered to remedy the omission to read a bill
    a third time (IV, 3406). Senate bills are not engrossed in the House;
    but are ordered to a third reading. The demand for the reading of the
    engrossed copy of a Senate bill cannot be made in the House (VIII,
    2426).

    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).

    Sec. 834a. Unauthorized appropriations in reported
    general appropriation bills or amendments thereto.

      2. (a)  No appropriation
    shall be reported in a general appropriation bill, or shall be in order
    as an amendment thereto, for any expenditure not previously authorized
    by law, except to continue appropriations for public works and objects
    which are already in progress.

    [[Page 656]]

    propriation, except germane provisions that retrench expenditures by
    the reduction of amounts of money covered by the bill, which may include
    those recommended to the Committee on Appropriations by direction of a
    legislative committee having jurisdiction over the subject matter
    thereof, and except rescissions of appropriations contained in
    appropriation Acts.

    Sec. 834b. Legislation in reported general appropriation
    bills; exceptions.

      (b)  No provision changing existing law shall be
    reported in a general appropriation bill, including a provision making
    the availability of funds contingent on the receipt or possession of
    information not required by existing law for the period of the
    ap-

    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, including an amendment
    making the availability of funds contingent on the receipt or possession
    of information not required by existing law for the period of the
    appropriation. Except as provided in paragraph (d), 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 657]]

    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, 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 authorized in existing law for the period of
    the limitation or proposing germane amendments which retrench
    expenditures by reduction of

    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.

    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.

    [[Page 658]]

    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).

    Sec. 834g. Clause 2 of rule XXI, generally.

      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

      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 in
    appropriation Acts, was added in the 99th Congress by the Balanced
    Budget and Emergency Deficit Control Act of 1985 (sec. 228(a), P.L. 99-
    177). The latter feature of the paragraph does not extend to a
    rescission of contract authority provided by a law other than an
    appropriation Act (Sept. 22, 1993, p. ----; p. ----; May 15, 1997, p. --
    --; July 23, 1997, p. ----). In the 105th Congress paragraph (b) was
    amended to treat as legislation a provision reported in a general
    appropriation bill that makes funding contingent on whether
    circumstances not made determinative by existing law are ``known'' (H.
    Res. 5, Jan. 7, 1997, p. ----).

    [[Page 659]]

    appropriation Act, and not
    merely where the limitation is alleged to be ``consistent with existing
    law'' (June 28, 1988, p. 16267). Although the Committee on
    Appropriations may include a limitation in its reported bill, if it is
    stricken with other legislative language on a point of order it may be
    reinserted during the reading only if in compliance with clause 2(c) or
    in accordance with clause 2(d) (June 18, 1991, p. 15199).
      Paragraph (c) retained the prohibition against amendments changing
    existing law but permitted limitation amendments during the reading of
    the bill by paragraph only if specifically authorized by existing law
    for the period of the limitation. In the 105th Congress paragraph (c)
    was amended to treat as legislation an amendment to a general
    appropriation bill that makes funding contingent on whether
    circumstances not made determinative by existing law are ``known'' (H.
    Res. 5, Jan. 7, 1997, p. ----). The exception for limitations is
    strictly construed to apply only where existing law requires or permits
    the inclusion of limiting language in an

    [[Page 660]]

    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).
      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. ----). In the 105th Congress it was
    further amended to make the motion preferential to any motion to amend
    at that stage (H. Res. 5, Jan. 7, 1997, p. ----). Where the reading of a
    general appropriation bill for amendment has been completed (or
    dispensed with), including the last paragraph of the bill containing the
    citation to the short title (July 30, 1986, p. 18214), the Chair (under
    the former form of the rule, which made the preferential motion
    available to any Member) might first inquire whether any Member sought
    to offer an amendment (formerly, one not prohibited by clauses 2(a) or
    (c)) prior to recognizing Members to offer limitation or retrenchment
    amendments (June 2, 1983, p. 14317; Sept. 22, 1983, p. 25406; Oct. 27,
    1983, p. 29630), including pro forma amendments (Aug. 2, 1989, p.
    18126). Pursuant to clause 2(d), a motion that the Committee rise and
    report the bill to the House with such amendments as may have been
    adopted is not debatable (Apr. 23, 1987, p. 9613) and takes precedence
    over any amendment (formerly only 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

      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, in response to a point of order, may rule
    out any portion of the bill in conflict with the rule (IV, 3811; Sept.
    8, 1965, pp. 23140, 23182). Portions of the bill thus stricken are not
    reported back to the House.

    [[Page 661]]

    ruled 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 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; Aug. 3, 1989, p. 18546);
    and such amendment is precluded whether the Committee of the Whole has
    risen and reported automatically pursuant to a special rule or, instead,
    by a motion at the end of the reading for amendment (June 22, 1995, p.
    ----).
      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 over-

      By unanimous consent the Committee of the Whole may vacate proceedings
    under specified points of order (June 7, 1991, p. 13973).

    [[Page 662]]

    chapter (June 11, 1985, p. 15181). It is too
    late to rule out the entire paragraph after points of order against
    specific portions have been sustained and an amendment to the paragraph
    has been offered (June 27, 1974, pp. 21670-72).
      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 is 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 sustained
    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 preceding

    [[Page 663]]

      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. 28791; July 26,
    1995, p. ----; July 27, 1995, pp. ----, ----; July 31, 1995, p. ----;
    May 15, 1997, 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; July 18, 1995, p. ----). If
    the amendment is susceptible to more than one interpretation, it is
    incumbent upon the proponent to show that it is not in violation of the
    rule (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).

      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
    unauthorized 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).

      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).

    [[Page 664]]

      Where by unanimous consent an amendment is offered en bloc to a
    paragraph containing an unauthorized amount not yet read for amendment,
    the amendment increasing that unauthorized figure is subject to a point
    of order since at that point it is not being offered to a paragraph
    which has been read and permitted to remain (June 21, 1984, p. 17687).
    As required by clause 2(f), the Chair will query for points of order
    against the provisions of an appropriation bill not yet reached in the
    reading but addressed by an amendment offered en bloc under that clause
    as budget authority and outlay neutral (July 22, 1997, p. ----). An
    amendment adding a new paragraph indirectly increasing an unauthorized
    amount contained in a prior paragraph passed in the reading is subject
    to a point of order because the new paragraph is adding a further
    unauthorized amount not textually protected by the waiver (July 12,
    1995, p. ----; July 16, 1997, p. ----, p.----; Sept. 9, 1997, p. ----).
    However, a new paragraph indirectly reducing an unauthorized amount
    permitted to remain in a prior paragraph passed in the reading is not
    subject to a point of order because it is not adding a further
    unauthorized amount (July 16, 1997, p. ----). 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). The fact
    that legislative jurisdiction over the subject matter of an amendment
    may rest with the Committee on Appropriations does not immunize the
    amendment from the application of clause 2(c) of rule XXI (July 17,
    1996, p. ----; July 24, 1996, p. ----). The ``works in progress
    exception'' under clause 2(a) of rule XXI is a defense to a point of
    order against an unauthorized appropriation reported in a general
    appropriation bill and is not a defense to a point of order under clause
    2(c) of rule XXI that an amendment to an appropriation bill constitutes
    legislation (July 24, 1996, p.----).

    [[Page 665]]

    thorizing 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 also authorize appropriations for the
    instrumentalities of such investigations (IV, 3615); but these would not
    include the organization of a bureau to conduct the work (IV, 3651). The
    law does not authorize general investigations by the department (IV,
    3652), or cooperation with state investigations (IV, 3650; VII, 1301,
    1302), 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 appropriation 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). A permanent law authorizing the President to appoint certain
    staff, together with legislative provisions au-

      The failure of Congress to enact into law separate legislation
    specifically modifying eligibility requirements for grant programs under
    existing law does not necessarily render appropriations for those
    programs subject to a point of order, where more general existing law
    authorizes appropriations for all of the programs proposed to be
    modified by new legislation pending before Congress (June 8, 1978, p.
    16778). 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 or annual authorizations (June
    14, 1978, pp. 17616, 17622, 17626, 17630) or on whether a periodic
    authorization scheme has subsequently occupied the field (Sept. 9, 1997,
    p. ----). An authorization of ``such sums as may be necessary'' is
    sufficient to support any dollar amount, but has no tendency to relieve
    other conditions of the authorization law (June 28, 1993, p. ----).
    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. ----).

    [[Page 666]]

      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).

      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 not in order to provide
    for an unauthorized office and salary in lieu of it (IV, 3680).

    [[Page 667]]

    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).

    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). The
    ``works in progress'' exception may not be invoked to fund a project
    governed by a lapsed authorization and may not be invoked to fund a
    project that is not yet under construction (July 31, 1995, p. ----).
    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 (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.

    [[Page 668]]

    tions (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. 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 investiga-

    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.

    [[Page 669]]

    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).

    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

    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 that did not specifically permit inclusion of
    such a waiver in an appropriation bill (Nov. 13, 1975, p. 36271; June
    20, 1996, p. ----), 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, 1993, p. ----). A proposal to amend existing law to
    provide for automatic continuation of appropriations in the absence of
    timely enactment of a regular appropriation bill constitutes legislation
    in contravention of clause 2(c) (July 17, 1996, p. ----; July 24, 1996,
    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).

    [[Page 670]]

    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).
      Although the object to be appropriated for may be described without
    violating the rule (IV, 3864), an amendment proposing an appropriation
    under a heading that indicates an unauthorized purpose as its object has
    been ruled out (Oct. 29, 1991, p. 28814). 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

      Limits of cost for public works may not be made or changed (IV, 3761,
    3865-3867; VII, 1446), or contracts authorized (IV, 3868-3870; May 14,
    1937, p. 4595).

      The Chair may examine legislative history established during debate on
    an amendment against which a point of order has been reserved to resolve
    any ambiguity therein when ruling on the eventual point of order (June
    14, 1978, p. 17651), and may inquire after its author's intent when
    attempting to construe an ambiguous amendment (Oct. 29, 1991, p. 28818).

    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-
    20100) is legislation. For example, a provision limiting the use of
    funds in a bill ``unless'' or ``until'' an action contrary to existing
    law is taken constitutes legislation (Deschler's Precedents, vol. 8, ch.
    26, sec. 47.1; July 24, 1996, p. ----). 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 671]]

    tive branch policy determinations not required by law (Nov. 2, 1983, p.
    30503); an amendment changing a permanent appropriation in existing law
    to restrict its availability until all general appropriation bills are
    presented to the President was held to constitute legislation (June 29,
    1987, p. 18083); and an amendment limiting funds in the bill for certain
    peacekeeping operations unless authorized by Congress was held to
    constitute legislation (June 27, 1994, p. ----).
      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. An amendment
    prohibiting the availability of funds to enforce certain executive
    orders, unless those orders were approved by concurrent resolutions of
    the Congress, was held to be legislation imposing new requirements of
    further legislative action (June 30, 1942, p. 5826). 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 was held to be legislation (May 15, 1947, p. 5378).
    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. 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 (Nov. 18, 1981, p.
    28064); an amendment making the availability of funds therein contingent
    upon subsequent enactment of legislation containing specified findings
    was ruled out as legislation requiring new legislative and execu-

      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, pp. ----); 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).

    Sec. 842c. Construing or amending existing
    law.

      A provision  proposing to construe existing law is itself legislative and
    therefore not in order (IV, 3936-3938; May 2, 1951, pp. 4747-48; July
    26, 1951, p. 8982). However, an official's general responsibility to
    construe the language of a limitation on the use of funds, absent
    imposition of an affirmative direction not required by law, does not
    destroy the validity of the limitation (June 27, 1974, pp. 21687-94).

      Where it is asserted that duties ostensibly occasioned by a limitation
    are already imposed by existing law, the Chair may take cognizance of
    judicial decisions and rule the limitation out on the basis that the
    case law is not uniform, current, or finally dispositive (June 16, 1977,
    pp. 19365-74; June 7, 1978, p. 16676). For example, a limitation
    prohibiting the use of funds for an inspection conducted by a regulatory
    agency without a search warrant has been held out of order as imposing a
    new duty not uniformly required by case law (June 16, 1977, pp. 19365-
    74). Similarly, an amendment denying the use of funds for an agency to
    apply certain provisions of law under court decisions in effect on a
    prior date has been held out of order as requiring the official to apply
    non-current case law (June 7, 1978, p. 16655). A paragraph of a general
    appropriation bill changing existing law concerning Federal diversity
    jurisdiction is legislation (July 1, 1987, p. 18638).

    [[Page 672]]

    sion construing a limitation in a bill by
    affirmatively declaring the meaning of the prohibition (May 17, 1988, p.
    11305). Similarly, a limitation that prescribes definitions for terms
    contained in the limitation may be legislation (Deschler's Precedents,
    vol. 8, ch. 26, secs. 25.7, 25.11). On the other hand, language
    excepting certain appropriations from the sweep of a broader limitation
    may be in order (Deschler's Precedents, vol. 8, ch. 26, sec. 25.2). It
    also has been held in order to except from the operation of a specific
    limitation on expenditures certain of those expenditures which are
    authorized by law by prohibiting a construction of the limitation in a
    way which would prevent compliance with that law (Deschler's Precedents,
    vol. 8, ch. 26, sec. 25.10; June 18, 1991, p. 15218).
      A provision in an appropriation bill prescribing a rule of
    construction is legislation (Deschler's Precedents, vol. 8, ch. 26, sec.
    25.15) as is a provi-

      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). A limitation denying the use of funds to apply certain
    provisions of the Internal Revenue Code other than under regulations in
    effect on a prior date is legislation since requiring an official to
    apply regulations no longer current in order to render an appropriation
    available (June 7, 1978, p. 16655; Aug. 19, 1980, pp. 21978-80).

    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 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).

    [[Page 673]]

    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
    limiting funds for an agency or any ``successor agency'' requires a
    determination of ``successor agency'' status (Sept. 26, 1997, p. ----).
      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

    [[Page 674]]

    the official being consulted to make determinations not specifically
    required by law (July 22, 1980, pp. 19087-88).
      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 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

      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 percentage calculated
    in relation to ``overhead'' (Deschler's Precedents, vol. 8, ch. 26, sec.
    5.6; June 24, 1992, p. ----); may not require an agency to investigate
    and determine whether private airports are collecting certain fees for
    each enplaning passenger (Sept. 23, 1993, p. ----); and may not require
    an agency to investigate and determine whether a person or entity
    entering into a contract with funds under the pending bill is subject to
    a legal proceeding commenced by the Federal government and alleging
    fraud (Sept. 17, 1997, p. ----).

    [[Page 675]]

    17, 1996, p. ----). In the 105th Congress this entire line of precedent
    was overtaken by changes in paragraphs (b) and (c) of this clause that
    treat as legislation a provision that makes funding contingent on
    whether circumstances not determinative under existing law are ``known''
    (H. Res. 5, Jan. 7, 1997, p. ----; July 15, 1997, p. ----; July 24, 1997,
    p. ----).
      Over a period dating from 1908, the House had developed a line of
    precedent to the effect that language restricting the availability of
    funds in a general appropriation bill could be a valid limitation if,
    rather than imposing new duties on a disbursing official or requiring
    new determinations of that official, it simply and passively addressed
    the state of knowledge of the official (VII, 1695; cf. Aug. 1, 1989, p.
    17156, and June 22, 1995, p. ---- [limitations in recommittal ruled out
    on basis of form rather than of legislative content]). This reasoning
    culminated in a ruling in the 104th Congress admitting as a valid
    limitation an amendment prohibiting the use of funds in the bill to
    execute certain accounting transactions when specified conditions were
    ``made known'' to the disbursing official (July

    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; July 24, 1995, p. ----),
    as is an amendment which by such a mandate interferes with an executive
    official's discretionary authority (Mar. 12, 1975, p. 6338), as in an
    amendment requiring not less than a certain sum to be used for a
    particular purpose where existing law does not mandate such expenditure
    (June 18, 1976, p. 19297; July 29, 1982, p. 18623), or where an
    amendment earmarks appropriated funds to the arts to require their
    expenditure pursuant to standards otherwise applicable only as
    guidelines (July 12, 1989, p. 14432). Where existing law directed a
    Federal official to provide for sale of certain government property to a
    private organization in ``necessary'' amounts, an amendment providing
    that no such property be withheld from distribution from qualifying
    purchasers 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. ----). Where existing law prescribes a formula for the
    allocation of funds among several categories, an amendment merely
    reducing the amount earmarked for one of the categories is not
    legislation, so long as it does not textually change the statutory
    formula (July 24, 1995, p. ----).

    [[Page 676]]

    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; July 26, 1995, p. ----; June 5, 1996,
    p. ----), or earmarks by directing a new use of funds not required by
    law (July 26, 1985, pp. 20811, 20813), or increases an unauthorized
    amount indirectly by inserting 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, was held to be perfecting (July 30, 1990, p.
    20442); but striking the date and inserting a new trigger (the enactment
    of other legislation), was held to be additional legislation (July 30,
    1990, p. 20442). An amendment in the form of a motion to strike that
    would extend the legislative reach of the pending text was held to
    propose additional legislation (July 17, 1996, p. ----). To a
    legislative title permitted to remain, which placed certain restrictions
    on recipients of a defined set of Federal payments and benefits, an
    amendment extending the restrictions to persons benefiting from a
    certain tax status determined on wholly unrelated criteria was held to
    add further legislation (Aug. 3, 1995, 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,

    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).

    [[Page 677]]

    priate 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. ----).

    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 appro-

      The fact that existing law authorizes funds to be available until
    expended or without regard to fiscal year limitation does not prevent
    the Committee on Appropriations from limiting their availability to the
    fiscal year covered by the bill unless existing law mandates
    availability beyond the fiscal year (June 25, 1974, p. 21040; see also
    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). A provision limiting the use of funds in
    a bill ``unless'' or ``until'' a specified action not required by
    existing law has been taken constitutes legislation (Deschler's
    Precedents, vol. 8, ch. 26, sec. 47.1; July 24, 1996, p. ----).

    [[Page 678]]

    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. ----).

    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

      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).

      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 to the extent of its denial of
    availability of funds (VII, 1694; Oct. 9, 1974, p. 34716).

      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).

    [[Page 679]]

    collected by the District of Columbia, pursuant to the D.C. Code (July
    17, 1979, p. 19066).
      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

    [[Page 680]]

    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. 15218). An amendment prohibiting the use of
    funds in the bill by the Forest Service to construct roads or prepare
    timber sales in certain roadless areas was held not to impose new
    duties, where the executive was already charged by law with ongoing
    responsibility to maintain a comprehensive and detailed inventory of all
    land and renewable resources of the National Forest System (July 18,
    1995, p. ----). The following amendments also have been in order as
    merely constricting the range of objects for which funds might be used:
    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); denying use of funds for any reduction in Customs
    Service regions or for any consolidation of Customs Service offices
    (June 27, 1984, p. 19102); denying use of funds to carry out (or pay the
    salaries of persons who carry out) tobacco crop and insurance programs
    (July 20, 1995, p. ----). 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 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
    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

                   ``holman rule'' on retrenching expenditures

    [[Page 681]]

    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).

    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 Sec. Sec. 842

      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).

      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).

    [[Page 682]]

    ment of expenditures even if assumed to be legislative (July 13, 1979,
    pp. 18453-55).
      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 retrench-

      As long as an amendment calls for an obvious reduction at some point
    in time during the fiscal year, the amendment is in order under the
    ``Holman Rule'' even if the reduction takes place in the future in an
    amount actually determined when the reduction takes place (for example,
    by formula) (VII, 1491, 1505; July 30, 1980, pp. 20499-20503). To an
    amendment that is in order under the ``Holman Rule,'' containing
    legislation but retrenching expenditures by formula for every agency
    funded by the bill, an amendment exempting from that reduction several
    specific programs does not add further legislation and is in order (July
    30, 1980, pp. 20499-20503).

      A motion to recommit the District of Columbia appropriation bill with
    instructions to reduce the proportion of the fund appropriated from the
    Public Treasury from one-half, as provided in the bill, to one-fourth of
    the entire appropriation is in order, since the effect of the amendment
    if adopted would reduce the expenditure of public money although not
    reducing the amount of the appropriation (VII, 1518).

      The term ``retrenchment'' means the reduction of the amount of money
    to be taken out of the Federal Treasury by the bill, and therefore a
    reduction of the amount of money to be contributed toward the expenses
    of the District of Columbia is in order as a retrenchment (VII, 1502).

      An amendment proposed to an item for the recoinage of uncurrent
    fractional silver, which amendment struck out the amount appropriated
    and added a provision for the coinage of all the bullion in the Treasury
    into standard silver dollars, the cost of such coinage and recoinage to
    be paid out of the Government's seigniorage, was held not to be in order
    under the rule; first, because not germane to the subject matter of the
    bill (the sundry civil); second, because it did not appear that any
    retrenchment of expenditure would result, the seigniorage being the
    property of the Government as other funds in the Treasury (VII, 1547).

      To an item of appropriation for inland transportation of mails by star
    routes an amendment was offered requiring the Postmaster General to
    provide routes and make contracts in certain cases, with the further
    provision ``and the amount of appropriation herein for star routes is
    hereby reduced to $500.'' A point of order made against the first or
    legislative part of the amendment was sustained, which decision was, on
    appeal, affirmed by the committee (VII, 1555).

      To a clause appropriating for the foreign mail service an amendment
    reducing the appropriation, and in addition repealing the act known as
    the ``subsidy act,'' was held not in order because the repealing of this
    act was not germane to the appropriation bill; and that to be in order
    both branches of the amendment must be germane to the bill (VII, 1548).

    [[Page 683]]

    of Agriculture is out of order, being a provision changing
    law and not retrenching expenditure (IV, 3886).
      A provision in the agricultural appropriation bill transferring the
    supervision of the importation of animals from the Treasury to the
    Department

      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).

      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.

    [[Page 683]]

    (except for classified intelligence or national security programs,
    projects, or activities).

    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

      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.

      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, War Claims, Public Lands, and Accounts, in addition to
    the Committees on Foreign Affairs (now International Relations) and the
    Judiciary. Certain private bills, resolutions and amendments are barred
    (see Sec. 852, infra). 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).

    [[Page 685]]

    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.

    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

      This portion of the rule was adopted June 1, 1920 (VII, 2133).

      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 amendment is not
    separately before the House during consideration of the special order
    (Feb. 24, 1993, p. ----).

    [[Page 686]]

    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 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)

      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 687]]

    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 appropriation or a portion of an appropriation already made
    for one purpose to another (VII, 2146; Mar. 29, 1933, p. 988; Aug. 10,
    1988, p. 21719), or for one fiscal year to another (Mar. 26, 1992, p. --
    --), 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

      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 available 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.

    [[Page 688]]

    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.

    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

      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. 64; see also Jan. 5, 1993, 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.
    17473; June 18, 1991, p. 15189). 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 revenue
    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. 15189).

    [[Page 689]]

    and owing by law or require collection of revenue
    not legally due or owing (July 26, 1985, p. 20806; Aug. 1, 1986, pp.
    18649, 18650; July 17, 1996, p. ----); and (2) where a provision in a
    general appropriation bill prohibited the use of funds to impose or
    assess certain taxes due under specified portions of the Internal
    Revenue Code (July 13, 1990, p. 17473). In the 98th Congress, the Chair
    sustained points of order under 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. 15189).
      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 or the Customs Service from collecting
    revenues otherwise due

    [[Page 690]]

    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 (now the
    Committee on Education and the Workforce) excluding certain interest on
    obligations from the Student Loan Marketing Association from application
    of the Internal Revenue Code, affecting interest deductions against
    income taxes (Oct. 24, 1985, pp. 28776, 28827); and (2) 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, 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

      To a bill reported from the Committee on Education and Labor (now the
    Committee on Education and the Workforce) authorizing financial
    assistance to unemployed individuals for employment opportunities, an
    amendment providing instead for tax incentives to stimulate employment
    was held to be a tax measure in violation of this paragraph (Sept. 21,
    1983, p. 25145). A provision in a bill reported from the Committee on
    Foreign Affairs (now the Committee on International Relations) imposing
    a uniform fee at ports of entry to be collected by the Customs Service
    as a condition of importation of a commodity was held to constitute a
    tariff within the meaning of this paragraph (June 4, 1985, p. 14009), as
    was an amendment to a bill reported from that committee amending the
    tariff schedules to deny ``most favored nation'' trade treatment to a
    certain nation (July 11, 1985, p. 18590). A provision in 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. 32650). To a bill reported by the Committee on
    Transportation and Infrastructure, an amendment increasing a user fee
    was ruled out as a tax measure where the fee overcollected to offset a
    reduction in another fee, thus attenuating the relationship between the
    amount of the fee and the cost of the government activity for which it
    was assessed (May 9, 1995, p. ----). 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. ----).

    [[Page 691]]

    amendment to subsection (a), (b), (c), (d), or (e) of section 1, or to
    section 11(b) or 55(b), of the Internal Revenue Code of 1986, that
    imposes a new percentage as a rate of tax and thereby increases the
    amount of tax imposed by any such section.

    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. For purposes of the preceding
    sentence, the term ``Federal income tax rate increase'' means any

      Paragraph (c) was added in the 104th Congress (sec. 106(a), H. Res. 6,
    Jan. 4, 1995, p. ----). In the 105th Congress it was amended to clarify
    the definition of ``Federal income tax rate increase'' (H. Res. 5, Jan.
    7, 1997, 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. ----). A resolution reported from the Rules Committee
    waiving clause 5(c) may be adopted by majority vote (Oct. 26, 1995, p.
    ----). The Speaker rules on the applicability of clause 5(c) only
    pending the question of final passage of a measure alleged to carry a
    Federal income tax rate increase, and not in advance upon adoption of a
    special order waiving that provision (Oct. 26, 1995, p. ----).

    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 the preceding
    sentence--

              (1) the term ``Federal income tax rate increase'' means any
    amendment to subsection (a), (b), (c), (d), or (e) of section 1, or to
    section 11(b) or 55(b), of the Internal Revenue Code of 1986, that
    imposes a new percentage as a rate of tax and thereby increases the
    amount of tax imposed by any such section; and

    [[Page 692]]

              (2) 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. ----). In the 105th Congress it was amended to clarify
    the definition of ``Federal income tax rate increase'' (H. Res. 5, Jan.
    7, 1997, p. ----) .

    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 (2 U.S.C. 190f(c)) was made part of the standing rules in
    the 83d Congress (Jan. 3, 1953,p. 24). Previously, a reappropriation of
    an unexpended balance for an object authorized by law was in order on a
    general appropriation bill (IV, 3591, 3592; VII, 1156, 1158). This
    clause was amended in the 99th Congress by section 228(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985 (P.L. 99-177,
    Dec. 12, 1985) to permit the Committee on Appropriations to report
    certain transfers of unexpended balances. Consistent with clause 2 of
    rule XXI, violations of this clause are enforced only against specific
    provisions in general appropriation bills containing reappropriations
    rather than against consideration of the bill (see, e.g., Procedure, ch.
    25, sec. 18).

    [[Page 693]]

    tions 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. ----).
      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 appropria-

      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).

    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 three
    calendar days (excluding Saturdays, Sundays, or legal holidays except
    when the House is in session on such a day).

      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). In the 104th Congress it was
    amended to count as a ``calendar day'' any day on which the House is in
    session (H. Res. 254, Nov. 30, 1995, p. ----).

    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.

    [[Page 694]]

    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).

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 694-702]
    [DOCID:hrmanual-82]

      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

                                   Rule XXII.

                of petitions, memorials, bills, and resolutions.

    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 the official reporters of debates for publication in the
    Record.

      At the first organization of the House in 1789 the rules then adopted
    provided for the presentation of petitions to the House by the Speaker
    and Members, and for the introduction of bills by motion for leave. In
    1842 it was found necessary, in order to save time, to provide that
    petitions and memorials should be filed with the Clerk. In 1870, 1879,
    and 1887 the practice as to petitions was extended to private bills, at
    first as to certain classes and later so that all should be filed with
    the Clerk (IV, 3312, 3365; VII, 1024).

    [[Page 695]]

    itself. A committee may receive a petition only through the House (IV,
    4557).

    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

    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).

    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 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.

      (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.

    [[Page 696]]

    bration, or recognition for any purpose through the
    designation of a specified period of time.

      (2) For purposes of this paragraph, the term ``commemoration'' means
    any remembrance, cele-

      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).

    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 properly 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.

      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. ----).

    [[Page 697]]

    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).

      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

    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, endorsed
    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 Members may introduce jointly any
    bill, or resolution to which this paragraph applies.

    [[Page 698]]

      (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.

      (4) Any such bill or resolution shall be reprinted (A) if the Member
    whose name is listed 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.

      The rule of 1789 provided that all bills should be introduced on
    report of a committee or by motion for leave. By various modifications
    it was first provided that all classes of private bills should be
    introduced by filing them with the Clerk, and in 1890 this system was by
    this rule extended to all public bills (IV, 3365). In the 105th Congress
    paragraph (a) was amended to effect a technical correction (H. Res. 5,
    Jan. 7, 1997, p. ----).

    [[Page 699]]

    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).
      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

      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 in the 90th Congress (H. Res. 42, Apr. 25, 1967, p. ----).
    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 700]]

    (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. 35840; 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 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.
    5026; Oct. 25, 1995, 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

      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.

      The House has exercised the right, from its earliest days, to call on
    the President and heads of departments for information. The first rule
    on the subject was adopted in 1820 for the purpose of securing greater
    care and deliberation in the making of requests. The present form of
    rule, in its essential features, dates from 1879 (III, 1856), while the
    time period for a committee to report was extended from one week to
    fourteen legislative days in the 98th Congress (H. Res. 5, Jan. 3, 1983,
    p. 34).

    [[Page 701]]

    and are answered by subordinate officers of the Government either
    directly or through the President (III, 1908-1910).

    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)

    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).

      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).

    [[Page 702]]

    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. 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

    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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 702-725]
    [DOCID:hrmanual-83]

      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.

    [[Page 703]]

    in two instances during the 103d Congress (Oct. 6,
    1994, p. ----; Oct. 7, 1994, p. ----).
      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

    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 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).

    [[Page 704]]

    vening motion, unless the resolution in question provides otherwise.

    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 inter-

      Paragraph (b) was added in the 98th Congress (H. Res. 5, Jan. 3, 1983,
    p. 34).

    [[Page 705]]

    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 a 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 continue 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

      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 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 (June 3, 1992, p. ----), although a
    subsequent call of the Committee may be ordered by unanimous consent
    (May 10, 1984, p. 11869; Dec. 17, 1985, p. 37469; June 25, 1986, p.
    15551).

    [[Page 706]]

    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 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

      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 in the 93d Congress (H. Res. 998, Apr. 9, 1974, 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).

      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).

    [[Page 707]]

    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).
      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

    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, 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.

    [[Page 708]]

      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).

      This paragraph was added in the 102d Congress (H. Res. 5, Jan. 3,
    1991, p. 39). 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. ----).

    [[Page 709]]

      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.

      The first form of this rule was adopted in 1794, and it has been
    perfected by amendments in 1874 and 1896 (IV, 4792).

    [[Page 710]]

    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).

    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 (now referred to as ``applicable accounts of the House described in
    clause 1(h)(1) of rule X'') of the House are considered in the House
    (VIII, 2415, 2416). Authorizations of expenditures from the contingent
    fund, under the later ruling (IV, 4862-4867) do not fall within the
    specifications of the rule (IV, 4868). A bill providing for an
    expenditure which is to be borne otherwise than by the Government (IV,
    4831; VIII, 2400), or relating to money 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

    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, 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. 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).

    [[Page 711]]

      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. 18391; 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).

      The power of the committee to determine the order of considering bills
    on its calendar is construed to authorize a motion to establish an order
    (IV, 4730) or a motion to take up a specified bill out of its order (IV,
    4731, 4732; VIII, 2333). Except in cases wherein the rules make specific
    provisions therefor a motion is not in order in the House to fix the
    order in which business on the calendars of the Committee of the Whole
    shall be taken up (IV, 4733). The Committee of the Whole having voted to
    consider a particular bill, and consideration having begun, a motion to
    reconsider or change that vote is not in order (IV, 4765). When there is
    unfinished business in Committee of the Whole, it is usually first in
    order (IV, 4735; VIII, 2334).

    [[Page 712]]

    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.

    Sec. 870. General debate and amendment under the
    fiveminute rule in Committee of the Whole.

      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

    [[Page 713]]

    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 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 also
    permitted 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

    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
    by unanimous consent determine as to general debate (V, 5232; VIII,
    2553). Where the House has fixed the time the committee may not, even by
    unanimous consent, extend it (V, 5212-5216; VIII, 2321, 2550; Mar. 27,
    1984, p. 6599). 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 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).-

    [[Page 714]]

    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
    proponent and an opponent, the five-minute rule is abrogated and the
    Members controlling the debate may yield and reserve time; whereas
    debate time on amendments under the five-minute rule cannot be reserved
    (Aug. 1, 1990, p. 21425). A Member recognized under the five-minute rule
    may not yield to another Member to offer an amendment (Dec. 12, 14,
    1973, pp. 41171, 41716; Sept. 8, 1976, p. 29243; Mar. 7, 1995, p. ----).

    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

      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 715]]

    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 second degree amendment and then offer a
    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. 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

    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.

    [[Page 716]]

      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)(1) In the  Committee of the
    Whole, an amendment proposing only to strike an unfunded mandate from
    the portion of the bill then open to amendment, if otherwise in order,
    may be precluded from consideration only by specific terms of a special
    order of the House.

      (2) In this paragraph, ``unfunded mandate'' means a Federal
    intergovernmental mandate the direct costs of which exceed the threshold
    otherwise specified for a reported bill or joint resolution in section
    424(a)(1) of the Congressional Budget Act of 1974.

      Paragraph (c) was added by the Unfunded Mandates Reform Act of 1995
    (sec. 107(a), P.L. 104-4; 109 Stat. 63). It was amended later in the
    104th Congress to effect a technical correction (H. Res. 254, Nov. 30,
    1995, p. ----), and in the 105th Congress to clarify that it applies to
    intergovernmental mandates (H. Res. 5, Jan. 7, 1997, p. ----).

    [[Page 717]]

    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
    submitted for printing in that portion of the Record shall be given
    numerical designations in the order printed.

    Sec. 874a. 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 at
    least one day prior to floor consideration of such amendment, the Member
    who caused such

      This clause was adopted in 1860, with amendments in 1880 and 1885 (V,
    5221, 5224). The second sentence of the clause, permitting ten minutes
    for debate on an amendment that has been printed in the Record even
    after the Committee of the Whole closes debate, was inserted in the 92d
    Congress (H. Res. 5, Jan. 22, 1971, p. 144) following the enactment of
    an identical provision in section 119 of the Legislative Reorganization
    Act of 1970 (84 Stat. 1140). In the 105th Congress that sentence was
    amended to accommodate the printing of amendments to measures not yet
    reported (H. Res. 5, Jan. 7, 1997, p. ----). The third sentence,
    relating to the procedure for submitting and the printing of amendments,
    was added in the 93d Congress (H. Res. 1387, Nov. 25, 1974, p. 37270).
    The last sentence, relating to the numbering of printed amendments, was
    added in the 104th Congress (sec. 217, H. Res. 6, Jan. 4, 1995, p. ----).

    [[Page 718]]

    thereafter (July 18, 1968, p. 22110), debate on an
    amendment printed in the Record may nevertheless proceed for 10 minutes
    under this clause (Aug. 2, 1973, p. 27715). Printing an amendment in the
    Record under this clause permits debate notwithstanding a limitation of
    debate only if the amendment has been properly offered, and does not
    permit the offering of an amendment not otherwise in order under the
    rules (Apr. 23, 1975, p. 11491); and the guaranteed five minutes may be
    claimed only if the offeror of the amendment is the Member who caused it
    to be printed under the rule (June 1, 1976, p. 16044; June 29, 1989, p.
    13928; June 19, 1991, p. ----). The guaranteed time applies to an
    amendment offered as a substitute for another amendment, rather than as
    a primary amendment, if offered in the precise form printed (June 26,
    1979, p. 16682), but where such a substitute amendment has not been
    printed in the Record it may not be debated unless time is yielded
    within the original 10 minutes (Dec. 10, 1987, p. 34710). Where a
    special order requires amendments to be printed in the Record to qualify
    during the consideration of a bill under the five-minute rule, but makes
    no designation concerning offerors, any printed amendment may be offered
    by any Member (Mar. 22, 1990, p. 5017); but only the Member causing the
    amendment to be printed is entitled to the time for debate guaranteed by
    this clause.
      The Speaker announced that amendments to be printed in the Record
    pursuant to this clause must be deposited in a separate box at the
    Rostrum or with the Official Reporters of Debates within 15 minutes
    following adjournment, and must bear the Member's original signature
    (Nov. 25, 1974, p. 37270). Although ordinarily the expiration of time
    for debate on a bill and all amendments thereto precludes debate on
    amendments offered

      The motion to close five-minute debate is not in order until such
    debate has begun (V, 5225; VIII, 2567), which means after one five-
    minute speech (V, 5226; VIII, 2573). The motion to strike the enacting
    clause under clause 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 priority in
    recognition for such purpose (June 19, 1984, p. 17055). The House, as
    well as the Committee of the Whole, may close five-minute debate after
    it has begun (V, 5229, 5231), but rarely exercises this right. The
    motion to close debate, while not debatable (Apr. 23, 1975, p. 11534;
    June 5, 1975, p. 17187), may be amended (V, 5227; VIII, 2578). A time
    limitation imposed by the Committee of the Whole under this clause may
    be rescinded or modified only by unanimous consent (Sept. 17, 1975, p.
    28904). While the Committee of the Whole may limit debate on amendments,
    it may not restrict the offering of amendments in contravention of a
    special order adopted by the House (June 25, 1985, p. 17201). The motion
    may be ruled out when dilatory (V, 5734).

    [[Page 719]]

    amendment to) the motion to strike
    remains separately debatable outside the limitation (July 20, 1995, p.
    ----). Where five-minute debate has been limited to a certain number of
    minutes without reference to a time certain, the time consumed by
    reading of amendments, quorum calls, points of order and votes does not
    reduce the amount of time remaining for debate (Oct. 3, 1969, pp. 28459-
    60; Nov. 9, 1971, pp. 40060-61); but where debate has been limited to a
    time certain, such activities as reading and voting obviously consume
    time otherwise allocable to Members wishing to speak (May 6, 1970, p.
    14452; Oct. 7, 1976, pp. 26305-06). Unlike time placed under a Member's
    ``control,'' five-minute debate (or time derived therefrom under a
    limitation) may not be reserved or yielded in blocks except by unanimous
    consent (Mar. 2, 1976, p. 4992; May 11, 1976, p. 13416; June 14, 1977,
    p. 18833). A motion to limit debate on a pending amendment may neither
    allocate the time proposed to remain nor vary the order of recognition
    to close debate, though the Committee of the Whole may do either
    separately by unanimous consent (July 12, 1988, p. 17767). The Committee
    of the Whole may: (1) by motion, limit debate on a pending committee
    amendment in the nature of a substitute (considered as read) and on all
    amendments thereto to a time certain; and then (2) by unanimous-consent
    request or motion, separately limit debate on each perfecting amendment
    as it is offered (Mar. 16, 1983, p. 5794).
      The closing of debate on the last section of a bill does not preclude
    debate on a substitute for the whole text (V, 5228). Where there is a
    time limitation on debate on a pending amendment in the nature of a
    substitute and all amendments thereto, but not on the underlying
    original text, debate on perfecting amendments to the original text
    proceeds under the five-minute rule absent another time limitation (Apr.
    13, 1983, p. 8402). Where the time for debate on a pending amendment in
    the form of a motion to strike ``and all amendments thereto'' has been
    limited, a subsequently offered perfecting amendment considered as
    preferential to (rather than as an

      Under a limitation on debate the Chair may, in his discretion, either:
    (1) permit continued debate under the five-minute rule; (2) divide the
    remaining time among those desiring to speak; or (3) divide the
    remaining time between a proponent and an opponent to be yielded by them
    to other Members (May 25, 1982, p. 11672). The Chair also may, in his
    discretion, give priority in recognition under a limitation to those
    Members seeking to offer amendments, over other Members standing at the
    time the limitation was agreed to (May 26, 1977, pp. 16950-52). Where
    the Committee of the Whole has limited time for debate 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 to conform to the limit set
    by unanimous consent of the Committee of the Whole (Mar. 16, 1995, p. ----).

    [[Page 720]]

      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
    controlled debate on an amendment (July 16, 1981, p. 16043), even where
    he is also the proponent of a pending amendment to the amendment (Mar.
    16, 1983, p. 5792).

    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.

      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 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).

    [[Page 721]]

    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).

    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, p. ----).
    Where a special order provides that a bill shall be open to amendment in
    Committee of the Whole, a motion

      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.
    11830); thus where a Member recognized for five minutes in opposition to
    the motion yields back his time another Member may not claim the unused
    portion thereof (Mar. 3, 1988, p. 3241). Members of the committee
    managing the bill have priority in recognition for debate in opposition
    to the motion (May 5, 1988, p. 9955; June 26, 1991, p. 16436). The Chair
    will not announce in advance the Member to be recognized in opposition
    to the motion (July 17, 1996, p. ----). 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.

      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 to a proposed amendment to the bill. However,
    adoption of an amendment to an amendment in the nature of a substitute
    read as an original bill pursuant to a special order does qualify as a
    modification of the bill (June 20, 1975, p. 19970). A motion that is
    withdrawn by unanimous consent rather than voted on by the Committee
    does not preclude the offering of another motion on the same day without
    a material modification of the bill (May 9, 1996, p. ----).

    [[Page 722]]

    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 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

      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 723]]

    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 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 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).

    [[Page 724]]

    imous-consent requests may not be entertained in the
    Committee of the Whole: (1) to permit a perfecting amendment to be
    offered to the underlying bill where a special rule permitted its
    consideration only as a perfecting amendment to a committee amendment
    (Aug. 2, 1977, p. 26161); (2) to permit a substitute to be read by
    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.
    29213); (4) to restrict ``en blocking'' authority granted in a special
    order (Sept. 11, 1986, p. 22871; June 21, 1989, p. 12744); (5) to change
    the control (Oct. 9, 1986, p. 29984) or duration (Aug. 1, 1989, p.
    17143; Mar. 12, 1991, p. 5799; 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); (7) to postpone and cluster votes on amendments (July 13, 1995,
    p. ----; Sept. 27, 1995, p. ----); (8) to preempt the Chair's discretion
    (granted by a special order) to postpone and cluster votes or to
    schedule further consideration of a pending measure to a subsequent day
    (June 4, 1992, p. ----; July 13, 1995, p. ----); (9) to permit an
    amendment offered by another Member to an amendment rendered unamendable
    by a special order or to permit a subsequent amendment changing such
    unamendable amendment already adopted (Nov. 18, 1987, p. 32643; July 26,
    1989, p. 16411; July 24, 1996, p. ----); (10) to permit consideration of
    an amendment out of the order specified in a special rule (May 25, 1988,
    p. 12275; Oct. 3, 1990, p. 27354; Oct. 31, 1991, p. 29359; Nov. 19,
    1993, p. ----); (11) to permit consideration of an additional amendment
    or to authorize a supplemental report from the Committee on Rules in
    lieu of the original report referred to in the special order (July 28,
    1988, p. 19491; (Speaker Wright, Aug. 11, 1988, p. 22105); (12) to
    permit another to offer an amendment vested in a specified Member (May
    1, 1990, p. 9030); or (13) to permit a division of the question on an
    amendment rendered indivisible by a special order (July 16, 1996, p. ----).

    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
    following unan-

    [[Page 725]]

    p. 11646; Mar. 22, 1995, p. ----; June 27, 1995, p.
    ----; Nov. 2, 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. ----); (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. ----); and (8) to permit the
    offering of pro forma amendments for the purposes of debate under a
    ``modified-closed'' special order limiting both amendments and debate
    thereon (July 17, 1996, p. ----; July 24, 1996, p. ----).
      Unanimous consent requests have been entertained in Committee of the
    Whole: (1) to permit the modification of a designated amendment made in
    order by a special rule, once offered (Sept. 1, 1976, p. 28877; Nov. 19,
    1993, p. ----; July 24, 1996, 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.
    21510; Mar. 29, 1995, p. ----); (5) to lengthen the time set by special
    order for debate on a particular amendment under terms of control
    congruent with those set by the order of the House (May 11, 1988, p.
    10495; May 21, 1991,

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 725-741]
    [DOCID:hrmanual-84]

      By unanimous consent the House may delegate to the Committee of the
    Whole authority to entertain unanimous-consent requests to change
    procedures contained in an adopted special order (Aug. 11, 1986, p.
    20633). The Member offering an amendment in the Committee of the Whole
    pursuant to a special order of the House has the burden of proving that
    it meets the description of the amendment made in order (July 17, 1996,
    p. ----).

                                    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.

      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.

    [[Page 726]]

      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 1890 (IV, 3056). The
    98th Congress made a conforming change to the second order of business
    relating to the postponement of the vote on approval of the Journal (H.
    Res. 5, Jan. 3, 1983, p. 34). The 104th Congress added the present third
    order of business respecting the Pledge of Allegiance (sec. 218, H. Res.
    6, Jan. 4, 1995, p. ----).

      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).

    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.
    <>   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).

    [[Page 727]]

      (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 Corrections 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 728]]

    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 substantially 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.

    [[Page 729]]

    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 suspend the order of
    business temporarily (IV, 3059). Therefore any Member, including the
    Speaker, may object, or reserve the right to object and inquire, for
    example, about the reasons for the request, or demand the ``regular
    order'' (IV, 3058). Debate under a reservation of objection proceeds at
    the sufferance of the House and may not continue after a demand for the
    regular order (see, e.g., Speaker Foley, Nov. 14, 1991, p. 32128; Dec.
    15, 1995, p. ----). A Member objecting to a unanimous-consent request or
    demanding the regular order when another has reserved the right to
    object must stand to be observed by the Chair (Nov. 7, 1991, p. 30633;

      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 730]]

    by the committee (VI, 734, 735). The House bill must be correctly on the
    House Calendar (VI, 736). In determining whether the House bill is
    substantially the same as the Senate bill, amendments recommended by the
    House committee must be considered (VI, 734, 736). The rule applies to
    private as well as to public Senate bills (IV, 3101), and to concurrent
    resolutions as well as to bills (IV, 3097). Although a committee must
    authorize the calling up of the Senate bill (VI, 739), the actual motion
    need not be made by a member of the committee (IV, 3100). The authority
    of a committee to call up a bill must be given at a formal meeting of
    the committee (VIII, 2211, 2212, 2222).

    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 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

    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).

    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 thereafter 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.

    [[Page 731]]

    satisfactory, because of delays caused by it, and in 1890 the present
    form was adopted (IV, 3112).
      The first rule relating to unfinished business was adopted in 1794.
    Changes were made in 1860 and 1880, but the rule finally became un-

    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. ----). When the House
    adjourns on the second legislative day after postponement of a question
    under this clause without resuming proceedings thereon, the question
    remains the unfinished business on the next legislative day (Oct. 1,
    1997, p. ----). When the House adjourns while a motion to instruct under
    clause 1 of rule XXVIII is pending, the motion to instruct becomes
    unfinished business on the next day and does not need to be renoticed
    (Oct. 1, 1997, p. ----).

    [[Page 732]]

    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, 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).

    [[Page 733]]

    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 consideration:
    Provided, That whenever any committee shall have occupied the morning
    hour on

      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 rarely.

    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). If the authority of the committee to call
    up a bill is disputed, the Chair does not consider it his duty to decide
    the question (IV, 3127), but the Chair may base its decision on
    statements from the chairman and other members of the committee (IV,
    3128).

    [[Page 734]]

    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.

    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

      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).

    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, 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).

    [[Page 735]]

    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.

    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

      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 reported the bill
    or resolution and no reservation of objection shall be entertained by
    the Speaker.

    [[Page 736]]

      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. A
    Member serving as an ``official objector'' for the Private Calendar has
    periodically included in the Record an explanation of how bills on the
    Private Calendar are considered (see, e.g., Dec. 5, 1995, p. ----; June
    17, 1997, p. ----). 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).

    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 the
    five-minute rule are not entertained (Speaker Byrns, Mar. 17, 1936, pp.
    3890, 3894-95).

    [[Page 737]]

    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).
      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

      On the third Tuesday of the month, the calendar is not called unless
    the Speaker so directs (Oct. 16, 1990, p. 29646); and when he does
    direct the Clerk to call the Private Calendar, omnibus bills on the
    Calendar are called before individual bills thereon (Feb. 17, 1970, pp.
    3605-13). A motion to dispense with the call of the Private Calendar on
    the third Tuesday of each month, 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 738]]

    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 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

    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. 39). The rule applies to
    unprivileged bills only, and when a bill otherwise unprivileged is given
    a privileged status by unanimous consent or by rule it is automatically
    rendered ineligible for consideration on Calendar Wednesday (VII, 932-
    935). House Calendar bills have no preference over Union Calendar bills
    (VII, 938). The motion to dispense with a call of committees under this
    rule is privileged and may be made prior to the consideration of
    District of Columbia business under clause 8 of this rule (June 11,
    1973, pp. 19028-30).

    [[Page 739]]

    when a Union Calendar bill is the unfinished business the Speaker
    declares the House in Committee of the Whole without motion (VII, 940,
    942).
      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

      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 proviso 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 proviso of the rule has defined the status of debate and
    unfinished business more explicitly. It was formerly held that a bill
    undisposed of on Calendar Wednesday became the unfinished business on
    the following Calendar Wednesday (VII, 965), but since the adoption of
    the second proviso 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 740]]

    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 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)

      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).

    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 Reform and Oversight, be set apart for the consideration
    of such business relating to the District of Columbia as may be
    presented by said committee.

    [[Page 741]]

    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 (sec. 202, H. Res. 6, Jan. 4, 1995, p. ----).
      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

      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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Page 741]
    [DOCID:hrmanual-85]

      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.

      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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Page 742]
    [[Page 742]]
    [DOCID:hrmanual-86]

      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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 742-753]
    [DOCID:hrmanual-87]

      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.

    [[Page 743]]

    the rules except on Mondays and Tuesdays, and during the last six days of a
    session.

    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

      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
    six days. In the 93d Congress, the rule was amended to permit the
    Speaker to recognize for such motions on the first and third Mondays and
    on the Tuesdays immediately following those days and to eliminate the
    distinction between days on which committees and individuals 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 744]]

    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 by 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, July 16, 1996, p. ----), may
    include 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).

    [[Page 745]]

    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 motion 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). The motion to reconsider may
    not be applied to a negative vote on the motion (V, 5645, 5646; VIII,
    2781; Sept. 28, 1996, p. ----), although it may be applied to an
    affirmative vote (Sept. 28, 1996, p. ----). 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

    [[Page 746]]

    or prohibiting the introduction of persons in
    the galleries (Sec. 764; VI, 197). Where a special rule requires that
    the object of a motion to suspend the rules be announced on the floor at
    least one hour prior to the Chair's entertaining the motion, unanimous
    consent is required to permit the Chair to entertain the motion prior to
    that time (Sept. 28, 1996, p. ----).

    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. 24695; 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
    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)

    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 747]]

    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; July 16, 1996, p. ----).

    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. 39). 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 clause 4 of rule XV the yeas and nays were
    ordered (IV, 3053-3055; Dec.

    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. 39). 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. 32510; Sept. 27, 1996, p. ----). When the mover and the
    opponent divide their time with others, the practice as to alternation
    of recognitions is not insisted on so rigidly as in other debate (II,
    1442). Debate should be confined to the object of the motion and may not
    range to the merits of a bill not scheduled for suspension on that day
    (Nov. 23, 1991, p. 34189).

    [[Page 748]]

    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 (H. Res. 5, Jan. 4, 1977, pp. 53-70), and amended
    further in the 96th

    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. 4996). 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 749]]

    vided, That a Member may not file a motion to
    discharge the Committee on Rules from consideration of a resolution
    providing for the consideration of more than one public bill or
    resolution, or admitting or effecting a nongermane amendment to a public
    bill or resolution: Provided further, 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

    [[Page 750]]

    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 a special rule for the
    consideration of a public bill or resolution reported by a standing
    committee, or a special rule for the consideration of a public bill or
    resolution which has remained in a standing committee thirty or more
    days without action: Pro-

      On the second and fourth Mondays of each month except during the last
    six days of any session of Congress, immediately after the approval 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.

    [[Page 751]]

    eration 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, 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 Dis-

    [[Page 752]]

    charge 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 motion 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 consid-

      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. 39). Under the previous
    form of the rule, where the Committee on Rules was discharged from
    further consideration of a resolution the House immediately voted on
    adoption of the resolution (Speaker Rayburn, Jan. 24, 1944, 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 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). In the 105th Congress the clause was amended to
    clarify that, to be a proper object of a discharge petition, a
    resolution providing a special rule must address the consideration of
    only one measure and must not propose to admit or effect a nongermane
    amendment (H. Res. 5, Jan. 7, 1997, p. ----).

    [[Page 753]]

    Bankhead, Dec. 10, 1937, p. 1300). The rule does not authorize
    signature of discharge motions by proxy (VII, 1014).
      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

      The rule does not apply to a bill that has been reported by a
    committee during the interval between the placing of a motion to
    discharge on the calendar and the day when such motion is called up for
    action in the House (Apr. 23, 1934, p. 7156). The Committee on Rules may
    not be discharged from further consideration of a resolution providing
    for an investigating committee (Apr. 23, 1934, p. 7161).

      The death or resignation of a Member who has signed a motion does not
    invalidate his signature (May 31, 1934, p. 10159). It may be withdrawn
    by his successor (Dec. 7, 1943, p. 10388; Jan. 17, 1946, p. 96; Mar. 5,
    1946, p. 1968; July 30, 1946, pp. 10464, 10491; Mar. 2, 1948, pp. 1993,
    2001; Jan. 16, 1950, p. 436). The seven days that the motion must be on
    the calendar before it may be called up begins to run as of the day the
    motion is placed on the calendar (Dec. 14, 1937, p. 1517). A discharge
    petition in the 102d Congress received the requisite number of
    signatures on the same day it was filed (May 20, 1992, p. ----), 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 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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 754-775]
    [DOCID:hrmanual-88]

    [[Page 754]]

      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 755]]

      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 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).

      While the rule provides that the managers of the House asking for
    conference shall leave the papers with the managers of the other
    (Sec. Sec. 555-556, supra), if the managers on the part of the House
    agreeing to a conference surrender the papers to the House asking the
    conference, the report may be received first by the House asking the
    conference (VIII, 3330).

      For further discussion of conference reports, see provisions of
    Jefferson's Manual at Sec. Sec. 527-559, supra.

    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.

      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 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. ----;
    July 26, 1996, p. ----).

    [[Page 756]]

    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.

    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

      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. 16156). A motion under this clause may instruct
    House conferees to insist on holding conference sessions under just and
    fair conditions, and in executive session if desirable (Aug. 1, 1935, p.
    12272), and may instruct House conferees to meet with Senate conferees
    (May 2, 1984, p. 10732). The motion to instruct conferees under this
    clause is of equal privilege with the motion to suspend the rules on a
    suspension day (Mar. 1, 1988, pp. 2749, 2751, 2754). The motion to
    adjourn is in order while a motion to instruct under this paragraph is
    pending (Sept. 30, 1997, p. ----), and, if adopted, renders the motion
    to instruct unfinished business on the next day and does not need to be
    renoticed (Oct. 1, 1997, p. ----).

    [[Page 757]]

    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.

    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.

      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).

    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 requires a committee of conference to ensure that the Director of
    that Office prepares a statement with respect to unfunded costs of any
    additional Federal mandate contained in the conference agreement. See
    Sec. 1007, infra.

    [[Page 758]]

    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 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 Saturdays, Sundays,
    or legal holidays except when the House is in session on such a day)
    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

      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 was amended again the next year to
    clarify the manner of counting the three days for the layover period (H.
    Res. 1153, Oct. 13, 1972, p. 36023). In the 104th Congress it was
    amended once more to count as a ``calendar day'' any day on which the
    House is in session (H. Res. 254, Nov. 30, 1995, p. ----).

    [[Page 759]]

    mittee 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).
      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 Com-

      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).
    The Chair will assume that the minority manager supports a conference
    report if the manager signed the report and is not immediately present
    to claim the contrary (Oct. 12, 1995, p. ----). 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 760]]

    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 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 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 Saturdays,
    Sundays, or legal holidays except when the House is in session on such a
    day) after such report and accompanying statement shall have been filed
    in the House, and such consideration then shall be in order only if such

    [[Page 761]]

    (H. Res. 868, Feb. 26, 1976, p. 4625). In the 104th Congress
    the first sentence was amended to count as a ``calendar day'' any day on
    which the House is in session (H. Res. 254, Nov. 30, 1995, p. ----).
      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. In the 94th Congress the second sentence
    was amended and the third sentence was added 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).

      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 offering a proper preferential
    motion to dispose of the Senate amendment (July 2, 1980, p. 18360).

      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. ----).

    [[Page 762]]

      Until the adoption of paragraph (b), a report in total disagreement
    was not printed in the Record before the amendment in disagreement was
    again taken up in the House (VIII, 3299, 3332).

    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.

      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 employees to separation pay, enabling the chairman of that
    committee to offer a preferential motion to insist under this clause
    (Oct. 20, 1993, p. ----).

    [[Page 763]]

    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).

    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.

    [[Page 764]]

    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. ----).
      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,

      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 out in violation of this
    paragraph (Speaker O'Neill, Oct. 14, 1977, pp. 33770-73).

    [[Page 765]]

    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).
      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

    [[Page 766]]

    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 report may not include a new
    topic or issue that, although germane, was not committed to conference
    by either House (Mar. 25, 1992, p. ----; 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. ----) or to include
    provisions not contained in the House bill or Senate amendment (Dec. 21,
    1995, 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

    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

              (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 the
    point of order, is contained in the report. For the purposes of this
    clause, matter which--

              (A) is contained in any substitute agreed to by the conference
    committee;

    [[Page 767]]

              (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.

      (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--

    [[Page 768]]

    which shall consist of that portion of the conference
    report not rejected; or
              (1) whether to recede and concur in the Senate amendment with
    an amendment

              (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.

      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 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.

    [[Page 769]]

    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).
      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,

      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 770]]

              (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;
    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.

      (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.

      (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 and concur
    shall be considered as rejected, and further motions--

    [[Page 771]]

    on the floor when such motion is offered and is under consideration);
              (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

              (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.

      (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.

    [[Page 772]]

    amended by such motion, copies of which are then available on the floor.
      (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

      (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.

      (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--

    [[Page 773]]

    propriate (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);
              (A) to recede and concur in the Senate amendment with an
    amendment, where ap-

              (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 774]]

      (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, before 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.

      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(a) 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.

      (b)(1) After the reading of the report and before the reading of the
    joint statement, or immediately 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.

    [[Page 775]]

    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.

      (2) If such point of order is sustained, the conference report shall
    be considered as rejected, the House shall be considered to have
    insisted

      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.

      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 appointment, the conference report
    is subject to a point of order under this clause resulting in an
    automatic request for a further conference (Dec. 20, 1982, p. 32896).
    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).

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 776-777]
    [DOCID:hrmanual-89]

    [[Page 776]]

      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).

      The House and not the Committee of the Whole determines whether the
    Committee may sit in executive session, and an inquiry relative to
    whether the Committee of the Whole should sit in secret session is
    properly addressed to the Speaker and not to the Chairman of the
    Committee of the Whole (May 9, 1950, p. 6746; June 6, 1978, p. 16376;
    June 20, 1979, 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 the Member has a secret communication to
    make to the House (June 6, 1978, p. 16376).

    [[Page 777]]

    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).
      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

      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).

      The House conducted another secret session in the 96th Congress to
    receive confidential communications consisting of classified information
    in the possession of the Committee on Foreign Affairs and the Permanent
    Select Committee on Intelligence, which those committees had authorized
    to be used in a secret session of the House if ordered; on that occasion
    the Speaker overruled a point of order against the motion for a secret
    session since the Speaker must rely on the assurance of a Member that he
    has confidential communications to make to the House, and since the
    Speaker was aware that the committee with possession of the materials
    had authorized those materials to be used in a secret session (Feb. 25,
    1980, 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).

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 778-779]
    [DOCID:hrmanual-90]

    [[Page 778]]

      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. When the use of an exhibit in debate is objected to
    under this rule, the Chair immediately puts the question on whether use
    of the exhibit shall be permitted (unless determining a breach of
    decorum under clause 2 of rule I) (Nov. 1, 1995, p. ----; Nov. 10, 1995,
    p. ----; July 31, 1996, p. ----, ----). The Chair puts the question
    without debate, and without requiring the objecting Member to state the
    basis for the objection (Nov. 10, 1995, p. ----). As such, an objection
    under this rule is not a point of order: it may be resolved by
    withdrawal of the exhibit; that failing, it amounts to a demand that the
    Chair put to the House the question whether the exhibit may be used
    (July 31, 1996, p. ----). It is not a proper parliamentary inquiry to
    ask the Chair to judge the accuracy of the content of an exhibit (Nov.
    10, 1995, p. ----). The Chair has held that a second virtually
    consecutive invocation of rule XXX, resulting in a second pair of votes
    on use of a chart and on reconsideration thereof, was not dilatory under
    clause 10 of rule XVI or clause 4(b) of rule XI (July 31, 1996, p. ----
    ).

    [[Page 779]]

    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).

    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 presented facts and conclusions but no legislative proposition,
    it was read if submitted for action (IV, 4663). Where a paper is offered
    as involving a matter of privilege it may be read to the House (III,
    2597; VI, 606; VIII, 2599), rather than by the Speaker privately (III,
    2546), but a Member

      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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 779-780]
    [DOCID:hrmanual-91]

    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 Sec. Sec. 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 780]]

    of its Members, except upon occasions where the
    House by resolution agrees to take part in any 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

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 780-785]
    [DOCID:hrmanual-92]

      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 781]]

    subject to the provisions of clause 3
    of this rule; and clerks of committees when business 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,

      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 782]]

    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 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

      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. ----; Dec. 19, 1995, p. ----; Jan. 22, 1996, p. ----
    ), other children (May 18, 1995, p. ----), or Senators exercising floor
    privileges (May 18, 1995, p. ----).

    [[Page 783]]

    quest of Members, by card or in writing, may be admitted.

    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 re-

      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.

    [[Page 784]]

    mittee 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. ----). Intent to lobby will be assumed where the former Member is
    employed or retained as a lobbyist to influence legislative measures
    as described in (2) above (Aug. 1, 1996, p. ----). The Speaker has
    emphasized that the rule applies not only to the floor but also to
    ``rooms leading thereto,'' and has construed the latter phrase to
    include the Speaker's Lobby and the cloakrooms (Speaker Gingrich,
    May 24, 1995, p. ----; Aug. 1, 1996, p. ----).
      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; June 7,
    1978, p. 16625; Speaker Foley, June 9, 1994, p. ----; Speaker Gingrich,
    May 24, 1995, p. ----; Speaker Gingrich, Aug. 1, 1996, 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 com-

      A former Member must observe the rules of proper decorum while on the
    floor; and the Chair may direct the Sergeant at Arms to assist the Chair
    in maintaining such decorum (Sept. 17, 1997, p. ----). In the 105th
    Congress the House adopted a resolution offered as a question of the
    privileges of the House alleging indecorous behavior of a former Member
    and instructing the Sergeant-at-Arms to ban the former Member from the
    floor, and rooms leading thereto, until the resolution of a contested
    election to which he was party (H. Res. 233, Sept. 18, 1997, p. ----).

    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.

    [[Page 785]]

    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. 21519; Sept. 27, 1995, p. ----) and may
    not applaud during debate (June 14, 1995, p. ----).

      This 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

    Sec. 921c. Prohibition on distribution of campaign
    contributions.

      5. No  Member, officer, or employee of the House of
    Representatives, or any other person entitled to admission to the Hall
    of the House or rooms leading thereto by this rule, shall knowingly
    distribute any political campaign contribution in the Hall of the House
    or rooms leading thereto.

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 785-786]
    [DOCID:hrmanual-93]

      Clause 5 was added in the 105th Congress (H. Res. 5, Jan. 7, 1997, p.
    ----).

                                  Rule XXXIII.

                         of admission to the galleries.

    [[Page 786]]

    tors, and no other person shall be admitted to this
    section.

    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 visi-

      This rule was adopted in 1880 (V, 7302). It was renumbered January 3,
    1953, p. 24.

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 786-796]
    [DOCID:hrmanual-94]

      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.

    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,
    subject to the direction and control of the Speaker.

      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:

    [[Page 787]]

      1. Arrangement of the daily Congressional Record.--The Public Printer
    shall arrange the contents of the daily Congressional Record as follows:
    The Senate proceedings shall alternate with the House proceedings in
    order of placement in consecutive issues insofar as such an arrangement
    is feasible, and Extensions of Remarks and Daily Digest shall follow:
    Provided, That the makeup of the Congressional Record shall proceed
    without regard to alternation whenever the Public Printer deems it
    necessary in order to meet production and delivery schedules.

      2. Type and style.--The Public Printer shall print the report of the
    proceedings and debates of the Senate and House of Representatives, as
    furnished by the official reporters of the Congressional Record, in 8-
    point type; and all matter included in the remarks or speeches of
    Members of Congress, other than their own words, and all reports,
    documents, and other matter authorized to be inserted in the
    Congressional Record shall be printed in 7-point type; and all roll
    calls shall be printed in 6-point type. No italic or black type nor
    words in capitals or small capitals shall be used for emphasis or
    prominence; nor will unusual indentions be permitted. These restrictions
    do not apply to the printing of or quotations from historical, official,
    or legal documents or papers of which a literal reproduction is
    necessary.

      3. Only as an aid in distinguishing the manner of delivery in order to
    contribute to the historical accuracy of the Record, statements or
    insertions in the Record where no part of them was spoken will be
    preceded and followed by a ``bullet'' symbol, i.e.,  (now
    applicable only in Senate).

      4. Return of manuscript.--When manuscript is submitted to Members for
    revision it should be returned to the Government Printing Office not
    later than 9 o'clock p.m. in order to insure publication in the
    Congressional Record issued on the following morning; and if all of the
    manuscript is not furnished at the time specified, the Public Printer is
    authorized to withhold it from the Congressional Record for 1 day. In no
    case will a speech be printed in the Congressional Record of the day of
    its delivery if the manuscript is furnished later than 12 o'clock
    midnight.

      5. Tabular matter.--The manuscript of speeches containing tabular
    statements to be published in the Congressional Record shall be in the
    hands of the Public Printer not later than 7 o'clock p.m. to insure
    publication the following morning. When possible, manuscript copy for
    tabular matter should be sent to the Government Printing Office 2 or
    more days in advance of the date of publication in the Congressional
    Record. Proof will be furnished promptly to the Member of Congress to be
    submitted by him instead of manuscript copy when he offers it for
    publication in the Congressional Record.

      6. Proof furnished.--Proofs or ``leave to print'' and advance speeches
    will not be furnished the day the manuscript is received but will be
    submitted the following day, whenever possible to do so without causing
    delay in the publication of the regular proceedings of Congress. Advance
    speeches 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.

    [[Page 788]]

    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.
      8. Thirty-day limit.--The Public Printer shall not publish in the
    Congressional Record any speech or extension of remarks which has been
    withheld

      9. Corrections.--The permanent Congressional Record is made up for
    printing and binding 30 days after each daily publication is issued;
    therefore all corrections must be sent to the Public Printer within that
    time: Provided, That upon the final adjournment of each session of
    Congress the time limit shall be 10 days, unless otherwise ordered by
    the committee: Provided further, That no Member of Congress shall be
    entitled to make more than one revision. Any revision shall consist only
    of corrections of the original copy and shall not include deletions of
    correct material, substitutions for correct material, or additions of
    new subject matter.

      10. The Public Printer shall not publish in the Congressional Record
    the full report or print of any committee or subcommittee when the
    report or print has been previously printed. This rule shall not be
    construed to apply to conference reports. However, inasmuch as [rule
    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.

    [[Page 789]]

    cerpts 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.

      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) Ex-

          house supplement to ``laws and rules for publication of the

                congressional record''--effective august 12, 1986

      1. Extensions of Remarks in the daily Congressional Record.--When the
    House has granted leave to print (1) a newspaper or magazine article, or
    (2) any other matter not germane to the proceedings, it shall be
    published under Extensions of Remarks. This rule shall not apply to
    quotations which form part of a speech of a Member, or to an authorized
    extension of his own remarks: Provided, That no address, speech, or
    article delivered or released subsequently to the sine die adjournment
    of a session of Congress may be printed in the Congressional Record.
    One-minute speeches delivered during the morning business of Congress
    shall not exceed 300 words. Statements exceeding this will be printed
    following the business of the day.

      2. Any extraneous matter included in any statement by a Member, either
    under the 1-minute rule or permission granted to extend at this point,
    will be printed in the ``Extensions of Remarks'' section, and that such
    material will be duly noted in the Member's statement as appearing
    therein.

      3. Under the general leave request by the floor manager of specific
    legislation only matter pertaining to such legislation will be included
    as per the request. This, of course, will include tables and charts
    pertinent to the same, but not newspaper clippings and editorials.

      4. In the makeup of the portion of the Record entitled ``Extensions of
    Remarks,'' the Public Printer shall withhold any Extensions of Remarks
    which exceed economical press fill or exceed production limitations.
    Extensions withheld for such reasons will be printed in succeeding
    issues, at the direction of the Public Printer, so that more uniform
    daily issues may be the end result and, in this way, when both Houses
    have a short session the makeup would be in a sense made easier so as to
    comply with daily proceedings, which might run extremely heavy at times.

      5. The request for a Member to extend his or her remarks in the body
    of the Record must be granted to the individual whose remarks are to be
    inserted.

    [[Page 790]]

    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.
      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

      7. Pursuant to clause 9 of rule XIV of the Rules of the House, the
    Congressional Record shall be a substantially verbatim account of
    remarks made during the proceedings of the House, subject only to
    technical, grammatical, and typographical corrections authorized by the
    Member making the remarks involved. Unparliamentary remarks may be
    deleted only by permission or order of the House. Consistent with rule 9
    of the Joint Committee on Printing Rules, any revision shall consist
    only of technical, grammatical, or typographical corrections of the
    original copy and shall not include deletions of correct material,
    substitutions for correct material, or additions of new subject matter.
    By obtaining unanimous consent to revise and extend, a Member will be
    able to relax the otherwise strict prohibition contained in clause 9 of
    rule XIV only in two respects: (1) to revise by technical, grammatical,
    and typographical corrections; and (2) to extend remarks in a
    distinctive type style to follow the remarks actually uttered. In no
    event would the actually uttered remarks be removable.

    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 strictly to the requirement of
    rule 7 of the supplemental rules (Mar. 2, 1988, p. 2963; Feb. 3, 1993,
    p. ----; Jan. 3, 1996, 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. --
    --).

    [[Page 791]]

      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).

    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 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).

    [[Page 792]]

    with existing accepted practices, the Speaker
    customarily made such technical or parliamentary corrections or
    insertions in the transcript of a ruling or statement by the Chair as
    may have been necessary to conform to rule, custom, or precedent (see
    also H. Res. 330, 101st Cong., Feb. 7, 1990, p. 1515, and report of
    House Administration Task Force on Record inserted by Speaker Foley,
    Oct. 27, 1990, p. 37124). However, in the 104th Congress the Speaker
    ruled that the requirement of 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. ----).
      The House has also ordered stricken from the Record printed speeches
    condemned as unparliamentary for reflections on Members, committees of
    the House, the House itself (V, 7017), and the Senate (V, 5129). In the
    101st Congress a resolution presented as a question of privilege was
    adopted which directed the Committee on House Administration to report
    with respect to certain unauthorized deletions from the Record. A task
    force of that Committee recommended that deletion of unparliamentary
    remarks be permitted only by consent of the House, and not by the Member
    uttering the words under authority to revise and extend (Oct. 27, 1990,
    p. 37124). 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

      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).

    [[Page 793]]

    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 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 colloquy with another Member
    (sec. 18.9). Mere

      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).

    Sec. 928. Privilege of Member to revise his
    remarks in the Congressional Record.

      The traditional  practice to allow a Member, with
    the approval of the House and under conditions set forth by the Joint
    Committee on Printing, to revise his remarks before publication in the
    Congressional Record (V, 6971, 7024; VIII, 3500) should be interpreted
    in light of clause 9 of rule XIV and rule 7 of the supplemental rules of
    the Joint Committee on Printing, which require the Record to be a
    substantially verbatim account of remarks made during House proceedings
    (see Sec. Sec. 764a, 764b, 924, supra). In any event, a Member should
    not change the notes of his own speech in such a way as to affect the
    remarks of an opponent in controversy without bringing the correction to
    the attention of that Member (V, 6972; VIII, 3461), and alterations
    which place a different aspect on the remarks of a colleague require
    authorization by the House (VIII, 3463, 3497). 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, the House corrected the
    Record (V, 6973).

    [[Page 794]]

    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; Dec. 15, 1995, p. ----).
    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 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. ----; Sept. 27, 1996, 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 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.

    [[Page 795]]

    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.
      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

      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 796]]

    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 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.

      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).

    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
    control 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.

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Page 797]
    [[Page 797]]
    [DOCID:hrmanual-95]

      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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [DOCID:hrmanual-96]

    [Pages 797-801]

      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 (Sec. Sec. 711 and 712, supra).

                                   Rule XXXVI.

        preservation and availability of noncurrent records of the house.

    [[Page 798]]

    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.

      (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 of this rule shall be made
    available immediately.

    [[Page 799]]

    able if such record has been in existence for 50 years.
      (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 avail-

      (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.

      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 Committee on
    House Oversight of any determination under the preceding sentence.

      (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.

    [[Page 800]]

    closure of any record if such disclosure is
    prohibited by law or executive order of the President.
      5. (a) This rule does not supersede rule XLVIII or rule L and does not
    authorize the public dis-

      (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

              (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 term does not include a record of an
    individual Member of the House.

      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.
    ----).

    [[Page 801]]

    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).
      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

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Page 801]
    [DOCID:hrmanual-97]

      Under rule XXXVI, an order of the House is required for the release of
    noncurrent records of the House (Mar. 22, 1991, p. 7549).

                                  Rule XXXVII.

                              withdrawal of papers.

    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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Page 802]
    [[Page 802]]
    [DOCID:hrmanual-98]

      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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Page 802]
    [DOCID:hrmanual-99]

      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.

    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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Page 803]
    [[Page 803]]
    [DOCID:hrmanual-100]

      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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Page 803]
    [DOCID:hrmanual-101]

      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.

      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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Page 804]
    [[Page 804]]
    [DOCID:hrmanual-102]

      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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 804-809]
    [DOCID:hrmanual-103]

      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 805]]

      2. A Member, officer, or employee of the House of Representatives
    shall adhere to the spirit and the letter of the Rules of the House of
    Representatives and to the rules of duly constituted committees thereof.

      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 except as provided by the provisions of rule LI
    (Gift Rule).

      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.

      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 reimbursement for legitimate
    and verifiable campaign expenditures and shall expend no funds from his
    campaign account not attributable to bona fide campaign or political
    purposes.

      7. A Member of the House of Representatives shall treat as campaign
    contributions all proceeds from testimonial dinners or other fund
    raising events.

    [[Page 806]]

    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.
      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

      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.

      10. A Member of the House of Representatives who has been convicted by
    a court of record for the commission of a crime for which a sentence of
    two or more years' imprisonment may be imposed should refrain from
    participation in the business of each committee of which 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.

    [[Page 807]]

    the words ``Congress of the United States,'' ``House of
    Representatives,'' or ``Official Business,'' or any combination of words
    thereof, on any letterhead or envelope.
      11. A Member of the House of Representatives shall not authorize or
    otherwise allow a non-House individual, group, or organization to use

      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.

      (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 necessary. A copy of each such waiver
    shall be filed with the Committee on Standards of Official Conduct.

      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:

    [[Page 808]]

    Copies of the executed oath shall be retained by the Clerk of the House
    as part of the records of the House.
            ``I do solemnly swear (or affirm) that I will not disclose any
    classified information received in the course of my service with the
    House of Representatives, except as authorized by the House of
    Representatives or in accordance with its Rules.''

      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 809]]

    crimination 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 Act also established a
    civil cause of action against an individual who violates the limitations
    on outside earned income and employment (5 U.S.C. app. Sec. 504). The
    threshold and aggregate values in clause 4 were again adjusted by
    section 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. ----). In the 104th
    Congress clause 4 was rewritten, and a final undesignated paragraph
    defining terms for the former version of clause 4 was deleted, to
    reflect the adoption of a Gift Rule in rule LI (H. Res. 254, Nov. 30,
    1995, p. ----). In the 105th Congress the rule was amended to effect
    three clerical corrections (H. Res. 5, Jan. 7, 1997, 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-dis-

      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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 809-832]
    [DOCID:hrmanual-104]

      It is not a proper parliamentary inquiry to ask the Chair to interpret
    the application of a criminal statute to a Member's conduct, as it is
    for the House and not the Chair to judge the conduct of Members (Nov.
    17, 1987, p. 32153). The Committee on Standards of Official Conduct has
    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.

    [[Page 810]]

    have them printed as a House document, which document shall be
    made available to the public.

    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

      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.

      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 $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 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.).

    [[Page 811]]

      Pertinent provisions of title I of the Ethics in Government Act of
    1978 (5 U.S.C. App. 6 Sec. Sec. 101-111) follow:

         Title I--Financial Disclosure Requirements of Federal Personnel

                            persons required to file

      Sec. 101. (a) Within thirty days of assuming the position of an
    officer or employee described in subsection (f), an individual shall
    file a report containing the information described in section 102(b)
    unless the individual has left another position described in subsection
    (f) within thirty days prior to assuming such new position or has
    already filed a report under this title with respect to nomination for
    the new position or as a candidate for the position.

                                      * * *

      (c) Within thirty days of becoming a candidate as defined in section
    301 of the Federal Campaign Act of 1971, in a calendar year for
    nomination or election to the office of President, Vice President, or
    Member of Congress, or on or before May 15 of that calendar year,
    whichever is later, but in no event later than 30 days before the
    election, and on or before May 15 of each successive year an individual
    continues to be a candidate, an individual other than an incumbent
    President, Vice President, or Member of Congress shall file a report
    containing the information described in section 102(b). Notwithstanding
    the preceding sentence, in any calendar year in which an individual
    continues to be a candidate for any office but all elections for such
    office relating to such candidacy were held in prior calendar years,
    such individual need not file a report unless he becomes a candidate for
    another vacancy in that office or another office during that year.

      (d) Any individual who is an officer or employee described in
    subsection (f) during any calendar year and performs the duties of his
    position or office for a period in excess of sixty days in that calendar
    year shall file on or before May 15 of the succeeding year a report
    containing the information described in section 102(a).

      (e) Any individual who occupies a position described in subsection (f)
    shall, on or before the thirtieth day after termination of employment in
    such position, file a report containing the information described in
    section 102(a) covering the preceding calendar year if the report
    required by subsection (d) has not been filed and covering the portion
    of the calendar year in which such termination occurs up to the date the
    individual left such office or position, unless such individual has
    accepted employment in another position described in subsection (f).

      (f) The officers and employees referred to in subsections (a), (d),
    and (e) are-- * * *

      (9) a Member of Congress as defined under section 109(12);

      (10) an officer or employee of the Congress as defined under section
    109(13);

    [[Page 812]]

                                      * * *

      (g)(1) Reasonable extensions of time for filing any report may be
    granted under procedures prescribed by the supervising ethics office for
    each branch, but the total of such extensions shall not exceed ninety
    days. * * *

      (h) The provisions of subsections (a), (b), and (e) shall not apply to
    an individual who, as determined by the designated agency ethics
    official or Secretary concerned (or in the case of a Presidential
    appointee under subsection (b), the Director of the Office of Government
    Ethics), the congressional ethics committees, or the Judicial
    Conference, is not reasonably expected to perform the duties of his
    office or position for more than sixty days in a calendar year, except
    that if such individual performs the duties of his office or position
    for more than sixty days in a calendar year--

              (1) the report required by subsections (a) and (b) shall be

            filed within fifteen days of the sixtieth day, and

              (2) the report required by subsection (e) shall be filed as

            provided in such subsection.

      (i) The supervising ethics office for each branch may grant a publicly
    available request for a waiver of any reporting requirement under this
    section for an individual who is expected to perform or has performed
    the duties of his office or position less than one hundred and thirty
    days in a calendar year, but only if the supervising ethics office
    determines that--

              (1) such individual is not a full-time employee of the

            Government,

              (2) such individual is able to provide services specially

            needed by the Government,

              (3) it is unlikely that the individual's outside employment or

            financial interests will create a conflict of interest, and

              (4) public financial disclosure by such individual is not

            necessary in the circumstances.

                               contents of reports

      Sec. 102. (a) Each report filed pursuant to section 101 (d) and (e)
    shall include a full and complete statement with respect to the
    following:

      (1)(A) The source, type, and amount or value of income (other than
    income referred to in subparagraph (B)) from any source (other than from
    current employment by the United States Government), and the source,
    date, and amount of honoraria from any source, received during the
    preceding calendar year, aggregating $200 or more in value and,
    effective January 1, 1991, the source, date, and amount of payments made
    to charitable organizations in lieu of honoraria, and the reporting
    individual shall simultaneously file with the applicable supervising
    ethics office, on a confidential basis, a corresponding list of
    recipients of all such payments, together with the dates and amounts of
    such payments.

    [[Page 813]]

      (B) The source and type of income which consists of dividends, rents,
    interest, and capital gains, received during the preceding calendar year
    which exceeds $200 in amount or value, and an indication of which of the
    following categories the amount or value of such item of income is
    within:

              (i) not more than $1,000,

              (ii) greater than $1,000 but not more than $2,500,

              (iii) greater than $2,500 but not more than $5,000,

              (iv) greater than $5,000 but not more than $15,000,

              (v) greater than $15,000 but not more than $50,000,

              (vi) greater than $50,000 but not more than $100,000,

              (vii) greater than $100,000 but not more than $1,000,000,

              (viii) greater than $1,000,000 but not more than $5,000,000,

            or

              (ix) greater than $5,000,000.

      (2)(A) The identity of the source, a brief description, and the value
    of all gifts aggregating more than the minimal value as established by
    section 7342(a)(5) of title 5, United States Code, or $250, whichever is
    greater, received from any source other than a relative of the reporting
    individual during the preceding calendar year, except that any food,
    lodging, or entertainment received as personal hospitality of an
    individual need not be reported, and any gift with a fair market value
    of $100 or less, as adjusted at the same time and by the same percentage
    as the minimal value is adjusted, need not be aggregated for purposes of
    this subparagraph.

      (B) The identity of the source and a brief description (including a
    travel itinerary, dates, and nature of expenses provided) of
    reimbursements 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

    [[Page 814]]

    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.

      (6)(A) The identity of all positions held on or before the date of
    filing during the current calendar year (and, for the first report filed
    by an individual, during the two-year period preceding such calendar
    year) as an officer, director, trustee, partner, proprietor,
    representative, employee, or consultant of any corporation, company,
    firm, partnership, or other business enterprise, any nonprofit
    organization, any labor organization, or any educational or other
    institution other than the United States. This subparagraph shall not
    require the reporting of positions held in any religious, social,
    fraternal, or political entity and positions solely of an honorary
    nature.

      (B) If any person, other than the United States Government, paid a
    nonelected reporting individual compensation in excess of $5,000 in any
    of the two calendar years prior to the calendar year during which the
    individual files his first report under this title, the individual shall
    include in the report--

              (i) the identity of each source of such compensation; and

              (ii) a brief description of the nature of the duties performed

            or services rendered by the reporting individual for each such

    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.

    [[Page 815]]

    cuted prior to July 24, 1995 and precludes the
    beneficiary from receiving information on the total cash value of any
    interest in the qualified blind trust.
      (8) The category of the total cash value of any interest of the
    reporting individual in a qualified blind trust, unless the trust
    instrument was exe-

      (b)(1) Each report filed pursuant to subsections (a), (b), and (c) of
    section 101 shall include a full and complete statement with respect to
    the information required by--

              (A) paragraph (1) of subsection (a) for the year of filing and

            the preceding calendar year,

              (B) paragraphs (3) and (4) of subsection (a) as of the date

            specified in the report but which is less than thirty-one days

            before the filing date, and

              (C) paragraphs (6) and (7) of subsection (a) as of the filing

            date but for periods described in such paragraphs.

      (2)(A) In lieu of filling out one or more schedules of a financial
    disclosure form, an individual may supply the required information in an
    alternative format, pursuant to either rules adopted by the supervising
    ethics office for the branch in which such individual serves or pursuant
    to a specific written determination by such office for a reporting
    individual.

      (B) In lieu of indicating the category of amount or value of any item
    contained in any report filed under this title, a reporting individual
    may indicate the exact dollar amount of such item.

      (c) In the case of any individual described in section 101(e), any
    reference to the preceding calendar year shall be considered also to
    include that part of the calendar year of filing up to the date of the
    termination of employment.

      (d)(1) The categories for reporting the amount or value of the items
    covered in paragraphs (3), (4), (5), and (8) of subsection (a) are as
    follows:

              (A) not more than $15,000;

              (B) greater than $15,000 but not more than $50,000;

              (C) greater than $50,000 but not more than $100,000;

              (D) greater than $100,000 but not more than $250,000;

              (E) greater than $250,000 but not more than $500,000;

              (F) greater than $500,000 but not more than $1,000,000;

              (G) greater than $1,000,000 but not more than $5,000,000;

              (H) greater than $5,000,000 but not more than $25,000,000;

              (I) greater than $25,000,000 but not more than $50,000,000;

            and

              (J) greater than $50,000,000.

    [[Page 816]]

    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.
      (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

      (e)(1) Except as provided in the last sentence of this paragraph, each
    report required by section 101 shall also contain information listed in
    paragraphs (1) through (5) of subsection (a) of this section respecting
    the spouse or dependent child of the reporting individual as follows:

              (A) The source of items of earned income earned by a spouse

            from any person which exceed $1,000 and the source and amount of

            any honoraria received by a spouse, except that, with respect to

            earned income (other than honoraria), if the spouse is self-

            employed in business or a profession, only the nature of such

            business or profession need be reported.

              (B) All information required to be reported in subsection

            (a)(1)(B) with respect to income derived by a spouse or

            dependent child from any asset held by the spouse or dependent

            child and reported pursuant to subsection (a)(3).

              (C) In the case of any gifts received by a spouse or dependent

            child which are not received totally independent of the

            relationship of the spouse or dependent child to the reporting

            individual, the identity of the source and a brief description

            of gifts of transportation, lodging, food, or entertainment and

            a brief description and the value of other gifts.

              (D) In the case of any reimbursements received by a spouse or

            dependent child which are not received totally independent of

            the relationship of the spouse or dependent child to the

            reporting individual, the identity of the source and a brief

            description of each such reimbursement.

              (E) In the case of items described in paragraphs (3) through

            (5) of subsection (a), all information required to be reported

            under these paragraphs other than items (i) which the reporting

            individual certifies represent the spouse's or dependent child's

            sole financial interest or responsibility and which the

            reporting individual has no knowledge of, (ii) which are not in

            any way, past or present, derived from the income, assets, or

    [[Page 817]]

            activities of the reporting individual, and

            (iii) from which the reporting individual neither derives, nor

            expects to derive, any financial or economic benefit.

              (F) For purposes of this section, categories with amounts or

            values greater than $1,000,000 set forth in sections

            102(a)(1)(B) and 102(d)(1) shall apply to the income, assets, or

            liabilities of spouses and dependent children only if the

            income, assets, or liabilities are held jointly with the

            reporting individual. All other income, assets, or liabilities

            of the spouse or dependent children required to be reported

            under this section in an amount or value greater than $1,000,000

            shall be categorized only as an amount or value greater than

    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.
            $1,000,000.

      (2) No report shall be required with respect to a spouse living
    separate and apart from the reporting individual with the intention of
    terminating the marriage or providing for permanent separation; or with
    respect to any income or obligations of an individual arising from the
    dissolution of his marriage or the permanent separation from his spouse.

      (f)(1) Except as provided in paragraph (2), each reporting individual
    shall report the information required to be reported pursuant to
    subsections (a), (b), and (c) of this section with respect to the
    holdings of and the income from a trust or other financial arrangement
    from which income is received by, or with respect to which a beneficial
    interest in principal or income is held by, such individual, his spouse,
    or any dependent child.

      (2) A reporting individual need not report the holdings of or the
    source of income from any of the holdings of--

              (A) any qualified blind trust (as defined in paragraph (3));

              (B) a trust--

                      (i) which was not created directly by such individual,

                    his spouse, or any dependent child, and

                      (ii) the holdings or sources of income of which such

                    individual, his spouse, and any dependent child have no

                    knowledge of; or

              (C) an entity described under the provisions of paragraph (8),

            but such individual shall report the category of the amount of

            income received by him, his spouse, or any dependent child from

            the trust or other entity under subsection (a)(1)(B) of this

            section.

      (3) For purpose of this subsection, the term ``qualified blind trust''
    includes any trust in which a reporting individual, his spouse, or any
    minor or dependent child has a beneficial interest in the principal or
    income, and which meets the following requirements:

              (A)(i) The trustee of the trust and any other entity

            designated in the trust instrument to perform fiduciary duties

            is a financial institution, an attorney, a certified public

    [[Page 818]]

            accountant, a broker, or an investment advisor who--

                      (I) is independent of and not associated with any

                    interested party so that the trustee or other person

                    cannot be controlled or influenced in the administration

                    of the trust by any interested party;

                      (II) is not and has not been an employee of or

                    affiliated with any interested party and is not a

                    partner of, or involved in any joint venture or other

                    investment with, any interested party; and

                      (III) is not a relative of any interested party.

                  (ii) Any officer or employee of a trustee or other entity

                who is involved in the management or control of the trust--

                      (I) is independent of and not associated with any

                    interested party so that such officer or employee cannot

                    be controlled or influenced in the administration of the

                    trust by any interested party;

                      (II) is not a partner of, or involved in any joint

                    venture or other investment with, any interested party;

                    and

                      (III) is not a relative of any interested party.

              (B) Any asset transferred to the trust by an interested party

            is free of any restriction with respect to its transfer or sale

            unless such restriction is expressly approved by the supervising

            ethics office of the reporting individual.

              (C) The trust instrument which establishes the trust provides

            that--

                      (i) except to the extent provided in subparagraph (B)

                    of this paragraph, the trustee in the exercise of his

                    authority and discretion to manage and control the

                    assets of the trust shall not consult or notify any

                    interested party;

                      (ii) the trust shall not contain any asset the holding

                    of which by an interested party is prohibited by any law

                    or regulation;

                      (iii) the trustee shall promptly notify the reporting

                    individual and his supervising ethics office when the

                    holdings of any particular asset transferred to the

                    trust by any interested party are disposed of or when

                    the value of such holding is less than $1,000;

                      (iv) the trust tax return shall be prepared by the

                    trustee or his designee, and such return and any

                    information relating thereto (other than the trust

                    income summarized in appropriate categories necessary to

                    complete an interested party's tax return), shall not be

                    disclosed to any interested party;

                      (v) an interested party shall not receive any report

                    on the holdings and sources of income of the trust,

                    except a report at the end of each calendar quarter with

                    respect to the total cash value of the interest of the

                    interested party in the trust or the net income or loss

                    of the trust or any reports necessary to enable the

                    interested party to complete an individual tax return

    [[Page 819]]

                    re-

                    quired by law or to provide the information required

                    by subsection (a)(1) of this section, but such report

                    shall not identify any asset or holding;

                      (vi) except for communications which solely consist of

                    requests for distributions of cash or other unspecified

                    assets of the trust, there shall be no direct or

                    indirect communication between the trustee and an

                    interested party with respect to the trust unless such

                    communication is in writing and unless it relates only

                    (I) to the general financial interest and needs of the

                    interested party (including, but not limited to, an

                    interest in maximizing income or long-term capital

                    gain), (II) to the notification of the trustee of a law

                    or regulation subsequently applicable to the reporting

                    individual which prohibits the interested party from

                    holding an asset, which notification directs that the

                    asset not be held by the trust, or (III) to directions

                    to the trustee to sell all of an asset initially placed

                    in the trust by an interested party which in the

                    determination of the reporting individual creates a

                    conflict of interest or the appearance thereof due to

                    the subsequent assumption of duties by the reporting

                    individual (but nothing herein shall require any such

                    direction); and

                      (vii) the interested parties shall make no effort to

                    obtain information with respect to the holdings of the

                    trust, including obtaining a copy of any trust tax

                    return filed or any information relating thereto except

                    as otherwise provided in this subsection.

              (D) The proposed trust instrument and the proposed trustee is

            approved by the reporting individual's supervising ethics

            office.

              (E) For purposes of this subsection, ``interested party''

            means a reporting individual, his spouse, and any minor or

            dependent child; ``broker'' has the meaning set forth in section

            3(a)(4) of the Securities and Exchange Act of 1934 (15 U.S.C.

            78c(a)(4)); and ``investment adviser'' includes any investment

            adviser who, as determined under regulations prescribed by the

            supervising ethics office, is generally involved in his role as

            such an adviser in the management or control of trusts.

              (F) Any trust qualified by a supervising ethics office before

            the effective date of title II of the Ethics Reform Act of 1989

            shall continue to be governed by the law and regulations in

            effect immediately before such effective date.

      (4)(A) An asset placed in a trust by an interested party shall be
    considered a financial interest of the reporting individual, for the
    purposes of any applicable conflict of interest statutes, regulations,
    or rules of the Federal Government (including section 208 of title 18,
    United States Code), until such time as the reporting individual is
    notified by the trustee that such asset has been disposed of, or has a
    value of less than $1,000.

    [[Page 820]]

    dependent child, or minor child of such a person, if the
    supervising ethics office for such reporting individual finds that--
      (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,

              (I) the assets placed in the trust consist of a well-

            diversified portfolio of readily marketable securities;

              (II) none of the assets consist of securities of entities

            having substantial activities in the area of the reporting

            individual's primary area of responsibility;

              (III) the trust instrument prohibits the trustee,

            notwithstanding the provisions of paragraphs (3)(C) (iii) and

            (iv) of this subsection, from making public or informing any

            interested party of the sale of any securities;

              (IV) the trustee is given power of attorney, notwithstanding

            the provisions of paragraph (3)(C)(v) of this subsection, to

            prepare on behalf of any interested party the personal income

            tax returns and similar returns which may contain information

            relating to the trust; and

              (V) except as otherwise provided in this paragraph, the trust

            instrument provides (or in the case of a trust established prior

            to the effective date of this Act which by its terms does not

            permit amendment, the trustee, the reporting individual, and any

            other interested party agree in writing) that the trust shall be

            administered in accordance with the requirements of this

            subsection and the trustee of such trust meets the requirements

            of paragraph (3)(A).

                                      * * *

      (5)(A) The reporting individual shall, within thirty days after a
    qualified blind trust is approved by his supervising ethics office, file
    with such office a copy of--

              (i) the executed trust instrument of such trust (other than

            those provisions which relate to the testamentary disposition of

            the trust assets), and

              (ii) a list of the assets which were transferred to such

            trust, including the category of value of each asset as

    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,

    [[Page 821]]

            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.

      (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

    [[Page 822]]

            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--

                      (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

    [[Page 823]]

      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 Garden,

            the Congressional Budget Office, the Government Printing Office,

            the Library of Congress, or the Copyright Royalty Tribunal

            (including any individual terminating service, under section

            101(e), in any office or position referred to in this

            subclause), or an individual described in section 101(c) who is

            a candidate for nomination or election as a Representative in

            Congress, a Delegate to Congress, or the Resident Commissioner

            from Puerto Rico;

                                      * * *

              (ii) in the case of an officer or employee of the Congress as

            described under section 101(f)(10) who is employed by an agency

            or commission established in the legislative branch after the

            date of the enactment of the Ethics Reform Act of 1989--

                      (I) the Secretary of the Senate or the Clerk of the

                    House of Representatives, as the case may be, as

                    designated in the statute establishing such agency or

                    commission; or

                      (II) if such statute does not designate such

                    committee, the Secretary of the Senate for agencies and

                    commissions established in even numbered calendar years,

                    and the Clerk of the House of Representatives for

                    agencies and commissions established in odd numbered

                    calendar years;

                                      * * *

              (2) The date any report is received (and the date of receipt

            of any supplemental report) shall be noted on such report by

            such committee.

    [[Page 824]]

      (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.

      (c) The President, the Vice President, the Secretary concerned, the
    head of each agency, the Office of Personnel Management, a congressional
    ethics committee, and the Judicial Conference of the United States, may
    take any appropriate personnel or other action in accordance with
    applicable law or regulation against any individual failing to file a
    report or falsifying or failing to report information required to be
    reported.

      (d)(1) Any individual who files a report required to be filed under
    this title more than 30 days after the later of--

              (A) the date such report is required to be filed pursuant to

            the provisions of this title and the rules and regulations

            promulgated thereunder; or

              (B) if a filing extension is granted to such individual under

            section 101(g), the last day of the filing extension period,

            shall, at the direction of and pursuant to regulations issued by

            the supervising ethics office, pay a filing fee of $200. All

            such fees shall be deposited in the miscellaneous receipts of

            the Treasury. The authority under this paragraph to direct the

    [[Page 825]]

            payment of a filing fee may be delegated by

            the supervising ethics office in the executive branch to other

            agencies in the executive branch.

      (2) The supervising ethics office may waive the filing fee under this
    subsection in extraordinary circumstances.

                     custody of and public access to reports

      Sec. 105. (a) Each agency, each supervising ethics office in the
    executive or judicial branch, the Clerk of the House of Representatives,
    and the Secretary of the Senate shall make available to the public, in
    accordance with subsection (b), each report filed under this title with
    such agency or office or with the Clerk or the Secretary of the Senate.

                                      * * *

      (b)(1) Except as provided in the second sentence of this subsection,
    each agency, each supervising ethics office in the executive or judicial
    branch, 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

    [[Page 826]]

            communications media for dissemination to the general public;

              (C) for determining or establishing the credit rating of any

            individual; or

              (D) for use, directly or indirectly, in the solicitation of

            money for any political, charitable, or other purpose.

      (2) The Attorney General may bring a civil action against any person
    who obtains or uses a report for any purpose prohibited in paragraph (1)
    of this subsection. The court in which such action is brought may assess
    against such person a penalty in any amount not to exceed $10,000. Such
    remedy shall be in addition to any other remedy available under
    statutory or common law.

      (d) Any report filed with or transmitted to an agency or supervising
    ethics office or to the Clerk of the House of Representatives or the
    Secretary of the Senate pursuant to this title shall be retained by such
    agency or office or by the Clerk or the Secretary of the Senate, as the
    case may be. Such report shall be made available to the public for a
    period of six years after receipt of the report. After such six-year
    period the report shall be destroyed unless needed in an ongoing
    investigation, except that in the case of an individual who filed the
    report pursuant to section 101(b) and was not subsequently confirmed by
    the Senate, or who filed the report pursuant to section 101(c) and was
    not subsequently elected, such reports shall be destroyed one year after
    the individual either is no longer under consideration by the Senate or
    is no longer a candidate for nomination or election to the Office of
    President, Vice President, or as a Member of Congress, unless needed in
    an ongoing investigation.

                                review of reports

      Sec. 106. (a)(1) Each designated agency ethics official or Secretary
    concerned shall make provisions to ensure that each report filed with
    him under this title is reviewed within sixty days after the date of
    such filing, except that the Director of the Office of Government Ethics
    shall review only those reports required to be transmitted to him under
    this title within sixty days after the date of transmittal.

      (2) Each congressional ethics committee and the Judicial Conference
    shall make provisions to ensure that each report filed under this title
    is reviewed within sixty days after the date of such filing.

      (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.

    [[Page 827]]

    the congressional ethics committee, or a person designated by the
    Judicial Conference, after reviewing any report under subsection (a)--
      (2) If the Director of the Office of Government Ethics, the Secretary
    concerned, the designated agency ethics official, a person designated by

              (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

    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.

    [[Page 828]]

    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.
      (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

      (7) Each supervising ethics office may render advisory opinions
    interpreting this title within its respective jurisdiction.
    Notwithstanding any other provision of law, the individual to whom a
    public advisory opinion is rendered in accordance with this paragraph,
    and any other individual covered by this title who is involved in a fact
    situation which is indistinguishable in all material aspects, and who
    acts in good faith in accordance with the provisions and findings of
    such advisory opinion shall not, as a result of such act, be subject to
    any penalty or sanction provided by this title.

             confidential reports and other additional requirements

      Sec. 107. (a)(1) Each supervising ethics office may require officers
    and employees under its jurisdiction (including special Government
    employees as defined in section 202 of title 18, United States Code) to
    file confidential financial disclosure reports, in such form as the
    supervising ethics office may prescribe. The information required to be
    reported under this subsection by the officers and employees of any
    department or agency shall be set forth in rules or regulations
    prescribed by the supervising ethics office, and may be less extensive
    than otherwise required by this title, or more extensive when determined
    by the supervising ethics office to be necessary and appropriate in
    light of sections 202 through 209 of title 18, United States Code,
    regulations promulgated thereunder, or the authorized activities of such
    officers or employees. Any individual required to file a report pursuant
    to section 101 shall not be required to file a confidential report
    pursuant to this subsection, except with respect to information which is
    more extensive than information otherwise required by this title.
    Subsections (a), (b), and (d) of section 105 shall not apply with
    respect to any such report.

      (2) Any information required to be provided by an individual under
    this subsection shall be confidential and shall not be disclosed to the
    public.

      (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.

    [[Page 829]]

    of assets, liabilities, or positions; or the participation in
    transactions that are prohibited by law, Executive order, rule, or
    regulation.

      (c) Nothing in this Act requiring reporting of information shall be
    deemed to authorize the receipt of income, gifts, or reimbursements; the
    holding

                        authority of comptroller general

      Sec. 108. (a) The Comptroller General shall have access to financial
    disclosure reports filed under this title for the purposes of carrying
    out his statutory responsibilities.

      (b) No later than December 31, 1992, and regularly thereafter, the
    Comptroller General shall conduct a study to determine whether the
    provisions of this title are being carried out effectively.

                                   definitions

      Sec. 109. For the purposes of this title, the term--

      (1) ``congressional ethics committees'' means the Select Committee on
    Ethics of the Senate and the Committee on Standards of Official Conduct
    of the House of Representatives;

      (2) ``dependent child'' means, when used with respect to any reporting
    individual, any individual who is a son, daughter, stepson, or
    stepdaughter and who--

              (A) is unmarried and under age 21 and is living in the

            household of such reporting individual; or

              (B) is a dependent of such reporting individual within the

            meaning of section 152 of the Internal Revenue Code of 1986;

      (3) ``designated agency ethics official'' means an officer or employee
    who is designated to administer the provisions of this title within an
    agency;

                                      * * *

      (5) ``gift'' means a payment, advance, forbearance, rendering, or
    deposit of money, or any thing of value, unless consideration of equal
    or greater value is received by the donor, but does not include--

              (A) bequest and other forms of inheritance;

              (B) suitable mementos of a function honoring the reporting

            individual;

              (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

    [[Page 830]]

            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;

              (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;

    [[Page 831]]

      (14) ``personal hospitality of any individual'' means hospitality
    extended for a nonbusiness purpose by an individual, not a corporation
    or organization, at the personal residence of that individual or his
    family or on property or facilities owned by that individual or his
    family;

      (15) ``reimbursement'' means any payment or other thing of value
    received by the reporting individual, other than gifts, to cover travel-
    related expenses of such individual other than those which are--

              (A) provided by the United States Government, the District of

            Columbia, or a State or local government or political

            subdivision thereof;

              (B) required to be reported by the reporting individual under

            section 7342 of title 5, United States Code; or

              (C) required to be reported under section 304 of the Federal

            Election Campaign Act of 1971 (2 U.S.C. 434);

      (16) ``relative'' means an individual who is related to the reporting
    individual, as father, mother, son, daughter, brother, sister, uncle,
    aunt, great aunt, great uncle, first cousin, nephew, niece, husband,
    wife, grandfather, grandmother, grandson, granddaughter, father-in-law,
    mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-
    law, stepfather, stepmother, stepson, stepdaughter, stepbrother,
    stepsister, half brother, half sister, or who is the grandfather or
    grandmother of the spouse of the reporting individual, and shall be
    deemed to include the fiance or fiancee of the reporting individual;

                                      * * *

      (18) ``supervising ethics office'' means--

              (A) the Senate Committee on Ethics of the Senate, for

            Senators, officers and employees of the Senate, and other

            officers or employees of the legislative branch required to file

            financial disclosure reports with the Secretary of the Senate

            pursuant to section 103(h) of this title;

              (B) the Committee on Standards of Official Conduct of the

            House of Representatives, for Members, officers and employees of

            the House of Representatives and other officers or employees of

            the legislative branch required to file financial disclosure

            reports with the Clerk of the House of Representatives pursuant

            to section 103(h) of this title;

              (C) the Judicial Conference for judicial officers and judicial

            employees; and

              (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

    [[Page 832]]

    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.
      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

      (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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 832-833]
    [DOCID:hrmanual-105]

                                      * * *

                                    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.

    [[Page 833]]

    cording 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.
      3. Notwithstanding any other provision of this rule, if an amount from
    the Official Expenses Allowance of a Member is paid into the House Re-

      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.

      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
    charges attributable to nonpolitical organizations receiving the
    transmissions (H. Res. 5, Jan. 3, 1991, p. 39).

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 833-836]
    [DOCID:hrmanual-106]

      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.

    [[Page 834]]

    which assures that such mail will be
    sent by the most economical means practicable.

    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

      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.

      5. In the case of any Representative in the House of Representatives,
    other than a Representative at Large, who is a candidate for any
    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.

    [[Page 835]]

    (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.
      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

      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;

              (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.

    [[Page 836]]

    and 101-520, respectively) (H. Res. 5, Jan. 3, 1991, p. 39). 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.
      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

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 836-842]
    [DOCID:hrmanual-107]

      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. 943. 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 837]]

    such individual is a Member, officer, or employee during such
    calendar year and the denominator of which is 365.
      (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

      (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.

      (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.

    [[Page 838]]

      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.

      3. A Member, officer, or employee of the House may not--

    [[Page 839]]

              (1) receive any advance payment on copyright royalties, but
    this paragraph does not prohibit any literary agent, researcher, or
    other individual (other than an individual employed by the House or a
    relative of that Member, officer, or employee) working on behalf of that
    Member, officer, or employee with respect to a publication from
    receiving an advance payment of a copyright royalty directly from a
    publisher and solely for the benefit of that literary agent, researcher,
    or other individual; or

              (2) receive any copyright royalties pursuant to a contract
    entered into on or after January 1, 1996, unless that contract is first
    approved by the Committee on Standards of Official Conduct as complying
    with the requirement of clause 4(e)(5) (that royalties are received from
    an established publisher pursuant to usual and customary contractual
    terms).

      4. 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.

    [[Page 840]]

    tual 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.
      (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 ac-

      (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,
    the cost of transportation, and the cost of lodging and meals while away
    from his or her residence or principal place of employment.

      (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 841]]

    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
              (4) in the case of a Member, officer or employee engaged in a
    trade or business in

              (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.

    [[Page 842]]

    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. 39). In the 104th
    Congress clause 3 was redesignated as clause 4, and a new clause 3 was
    added to prohibit the receipt of advance payments on copyright royalties
    and the receipt of any payments on copyright royalties under future
    contracts unless approved in advance by the Committee on Standards of
    Official Conduct (H. Res. 299, Dec. 2, 1995, p. ----).
      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,

      For an in depth discussion of this rule prepared by the Committee on
    Standards of Official Conduct, see the House Ethics Manual (102d Cong.,
    2d Sess.).

      Before its coverage was restricted to the Senate in the Ethics Reform
    Act of 1989 (sec. 601(b), P.L. 101-194, Nov. 30, 1989), a separate
    provision of law (2 U.S.C. 441i) provided criminal penalties for any
    elected or appointed Federal employee who accepts an honorarium of more
    than $2000 per speech. A statutory ceiling of $25,000 from honoraria in
    a calendar year was repealed in 1981 (P.L. 97-51, Oct. 1, 1981). The
    Senate repealed its rule on outside earned income in the 97th Congress
    (S. Res. 512, Dec. 14, 1982, p. 30640).

    [House Rules Manual -- House Document No. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 842-856]
    [DOCID:hrmanual-108]

      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).

                                  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:

    [[Page 843]]

              (1) the Committee on Appropriations;

              (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 844]

      (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 845]]

    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 846]]

      (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 847]]

    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) Within 6 weeks after the President submits a budget under section
    1105(a) of title 31, United States Code, the select committee shall
    submit to the Committee on the Budget of the House the views and
    estimates described in section 301(d) of the Congressional Budget Act of
    1974 regarding matters within the jurisdiction of the select committee.

      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 848]]

    form services for or at the request of such
    committee shall be given access to any classified information 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 per-

    [[Page 849]]

    clearly outweighs any infringement on the privacy of any person or persons.
      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

      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 850]]

    therefor, and certifies that the threat to the national interest of the
    United States posed by 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

      (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 851]]

    authorized to declare a recess subject to the call of the Chair. At
    the expiration of such recess, 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

      (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 852]]

    available to any other committee or any other Member of
    the House and permit any other 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)

      (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 853]]

    censure, removal from committee membership, or expulsion from the House,
    in the case of a Member, or removal from office or employment or punishment
    for contempt, in the case of an officer or employee.
      (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

      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.

    [[Page 854]]

              (d) The intelligence and intelligence related activities of
    other agencies and subdivisions of the Department of Defense.

              (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.

    [[Page 855]]

      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.

      (b) As used in this rule, the term ``department or agency'' includes
    any organization, committee, council, establishment, or office within
    the Federal Government.

      (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 in the 95th Congress (H.
    Res. 658, July 14, 1977, pp. 22932-49) and has had several technical
    amendments: (1) to change the size of the Select Committee from 13 to 14
    members (H. Res. 70, 96th Cong., Jan. 25, 1979, p. 1023); (2) to reflect
    a change in the name of a committee (H. Res. 89, 96th Cong., Feb. 5,
    1979, pp. 1848-49); (3) to change the size to not more than 16 members
    (H. Res. 33, 99th Cong., Jan. 30, 1985, p. 1271); (4) to change the size
    to not more than 17 members and to change the cross-reference in clause
    7(c)(1) to include paragraph (a) or (b) (H. Res. 5, 100th Cong., Jan. 6,
    1987, p. 6); (5) to change the size to not more than 19 members (H. Res.
    5, 101st Cong., Jan. 3, 1989, p. 73) and to permit the Speaker to attend
    meetings and have access to information (H. Res. 268, Nov. 14, 1989, p.
    28789); (6) to strike obsolete language relating to tenure restrictions
    in clause 1 and relating to the requirement for authorizations of
    appropriations in clause 9 (H. Res. 5, 102d Cong., Jan. 3, 1991, p. 39);
    and (7) to make certain conforming changes (Budget Enforcement Act of
    1997 (sec. 10104, P.L. 105-33))..

    [[Pge 856]]

    Select Committee to vote to go into executive session if a majority of
    the members present, there being in attendance the requisite number
    under the Select Committee rules for the purpose of taking testimony,
    determine that it is necessary to do so for national security reasons
    (but in no event to be determined by less than two members) (H. Res.
    165, Mar. 29, 1979, p. 6820); and (3) 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

      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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Page 857-860]
    [DOCID:hrmanual-109]

    [[Page 857]]

      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 858]]

    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 859]]

    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 860]]

    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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 861-864]
    [DOCID:hrmanual-110]

    [[Page 861]]

      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 862]]

    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 863]]

    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 864]]

    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. 104-272]
    [From the U.S. Government Printing Office Online Database]
    [Pages 864-877]
    [DOCID:hrmanual-111]

      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.

                                   gift rule.

    Sec. 946a. Gift rule.

      1. (a) No  Member, officer, or employee
    of the House of Representatives shall knowingly accept a gift except as
    provided in this rule.

      (b)(1) For the purpose of this rule, the term ``gift'' means any
    gratuity, favor, discount, entertainment, hospitality, loan,
    forbearance, or other item having monetary value. The term includes
    gifts of services, training, transportation, lodging, and meals, whether
    provided in kind, by purchase of a ticket, payment in advance, or
    reimbursement after the expense has been incurred.

    [[Page 865]]

    ployee if it is given with the knowledge and acquiescence of the Member,
    officer, or employee and the Member, officer, or employee has reason to
    believe the gift was given because of the official position of the Member,
    officer, or employee.
      (2)(A) A gift to a family member of a Member, officer, or employee, or
    a gift to any other individual based on that individual's relationship
    with the Member, officer, or employee, shall be considered a gift to the
    Member, officer, or em-

      (B) If food or refreshment is provided at the same time and place to
    both a Member, officer, or employee and the spouse or dependent thereof,
    only the food or refreshment provided to the Member, officer, or
    employee shall be treated as a gift for purposes of this rule.

      (c) The restrictions in paragraph (a) shall not apply to the
    following:

              (1) Anything for which the Member, officer, or employee pays
    the market value, or does not use and promptly returns to the donor.

              (2) A contribution, as defined in section 301(8) of the
    Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) that is
    lawfully made under that Act, a lawful contribution for election to a
    State or local government office, or attendance at a fundraising event
    sponsored by a political organization described in section 527(e) of the
    Internal Revenue Code of 1986.

              (3) A gift from a relative as described in section 109(16) of
    title I of the Ethics in Government Act of 1978 (Public Law 95-521).

    [[Page 866]]

    to believe that, under the circumstances, the gift was provided because
    of the official position of the Member, officer, or employee and not
    because of the personal friendship.
              (4)(A) Anything provided by an individual on the basis of a
    personal friendship unless the Member, officer, or employee has reason

              (B) In determining whether a gift is provided on the basis of
    personal friendship, the Member, officer, or employee shall consider the
    circumstances under which the gift was offered, such as:

                      (i) The history of the relationship between the
    individual giving the gift and the recipient of the gift, including any
    previous exchange of gifts between such individuals.

                      (ii) Whether to the actual knowledge of the Member,
    officer, or employee the individual who gave the gift personally paid
    for the gift or sought a tax deduction or business reimbursement for the
    gift.

                      (iii) Whether to the actual knowledge of the Member,
    officer, or employee the individual who gave the gift also at the same
    time gave the same or similar gifts to other Members, officers, or
    employees.

    [[Page 867]]

    the Committee on Standards of Official Conduct.
              (5) Except as provided in clause 3(c), a contribution or other
    payment to a legal expense fund established for the benefit of a Member,
    officer, or employee that is otherwise lawfully made in accordance with
    the restrictions and disclosure requirements of

              (6) Any gift from another Member, officer, or employee of the
    Senate or the House of Representatives.

              (7) Food, refreshments, lodging, transportation, and other
    benefits--

                      (A) resulting from the outside business or employment
    activities (or other outside activities that are not connected to the
    duties of the Member, officer, or employee as an officeholder) of the
    Member, officer, or employee, or the spouse of the Member, officer, or
    employee, if such benefits have not been offered or enhanced because of
    the official position of the Member, officer, or employee and are
    customarily provided to others in similar circumstances;

                      (B) customarily provided by a prospective employer in
    connection with bona fide employment discussions; or

                      (C) provided by a political organization described in
    section 527(e) of the Internal Revenue Code of 1986 in connection with a
    fundraising or campaign event sponsored by such an organization.

    [[Page 868]]

              (8) Pension and other benefits resulting from continued
    participation in an employee welfare and benefits plan maintained by a
    former employer.

              (9) Informational materials that are sent to the office of the
    Member, officer, or employee in the form of books, articles,
    periodicals, other written materials, audiotapes, videotapes, or other
    forms of communication.

              (10) Awards or prizes which are given to competitors in
    contests or events open to the public, including random drawings.

              (11) Honorary degrees (and associated travel, food,
    refreshments, and entertainment) and other bona fide, nonmonetary awards
    presented in recognition of public service (and associated food,
    refreshments, and entertainment provided in the presentation of such
    degrees and awards).

              (12) Training (including food and refreshments furnished to
    all attendees as an integral part of the training) provided to a Member,
    officer, or employee, if such training is in the interest of the House
    of Representatives.

              (13) Bequests, inheritances, and other transfers at death.

              (14) Any item, the receipt of which is authorized by the
    Foreign Gifts and Decorations Act, the Mutual Educational and Cultural
    Exchange Act, or any other statute.

    [[Page 869]]

              (15) Anything which is paid for by the Federal Government, by
    a State or local government, or secured by the Government under a
    Government contract.

              (16) A gift of personal hospitality (as defined in section
    109(14) of the Ethics in Government Act) of an individual other than a
    registered lobbyist or agent of a foreign principal.

              (17) Free attendance at a widely attended event permitted
    pursuant to paragraph (d).

              (18) Opportunities and benefits which are--

                      (A) available to the public or to a class consisting
    of all Federal employees, whether or not restricted on the basis of
    geographic consideration;

                      (B) offered to members of a group or class in which
    membership is unrelated to congressional employment;

                      (C) offered to members of an organization, such as an
    employees' association or congressional credit union, in which
    membership is related to congressional employment and similar
    opportunities are available to large segments of the public through
    organizations of similar size;

                      (D) offered to any group or class that is not defined
    in a manner that specifically discriminates among Government employees
    on the basis of branch of Government or type of responsibility, or on a
    basis that favors those of higher rank or rate of pay;

    [[Page 870]]

    terms generally available to the public; or
                      (E) in the form of loans from banks and other
    financial institutions on

                      (F) in the form of reduced membership or other fees
    for participation in organization activities offered to all Government
    employees by professional organizations if the only restrictions on
    membership relate to professional qualifications.

              (19) A plaque, trophy, or other item that is substantially
    commemorative in nature and which is intended for presentation.

              (20) Anything for which, in an unusual case, a waiver is
    granted by the Committee on Standards of Official Conduct.

              (21) Food or refreshments of a nominal value offered other
    than as a part of a meal.

              (22) Donations of products from the State that the Member
    represents that are intended primarily for promotional purposes, such as
    display or free distribution, and are of minimal value to any individual
    recipient.

              (23) An item of nominal value such as a greeting card,
    baseball cap, or a T-shirt.

      (d)(1) A Member, officer, or employee may accept an offer of free
    attendance at a widely attended convention, conference, symposium,
    forum, panel discussion, dinner, viewing, reception, or similar event,
    provided by the sponsor of the event, if--

    [[Page 871]]

    related to Congress or matters before Congress, or by performing a
    ceremonial function appropriate to the Member's, officer's, or
    employee's official position; or
              (A) the Member, officer, or employee participates in the event
    as a speaker or a panel participant, by presenting information

              (B) attendance at the event is appropriate to the performance
    of the official duties or representative function of the Member,
    officer, or employee.

      (2) A Member, officer, or employee who attends an event described in
    subparagraph (1) may accept a sponsor's unsolicited offer of free
    attendance at the event for an accompanying individual.

      (3) A Member, officer, or employee, or the spouse or dependent
    thereof, may accept a sponsor's unsolicited offer of free attendance at
    a charity event, except that reimbursement for transportation and
    lodging may not be accepted in connection with the event.

      (4) For purposes of this paragraph, the term ``free attendance'' may
    include waiver of all or part of a conference or other fee, the
    provision of local transportation, or the provision of food,
    refreshments, entertainment, and instructional materials furnished to
    all attendees as an integral part of the event. The term does not
    include entertainment collateral to the event, nor does it include food
    or refreshments taken other than in a group setting with all or
    substantially all other attendees.

    [[Page 872]]

    paragraph (c)(4) unless the Committee on Standards of Official Conduct
    issues a written determination that such exception applies. No
    determination under this paragraph is required for gifts given on the
    basis of the family relationship exception.
      (e) No Member, officer, or employee may accept a gift the value of
    which exceeds $250 on the basis of the personal friendship exception in

      (f) When it is not practicable to return a tangible item because it is
    perishable, the item may, at the discretion of the recipient, be given
    to an appropriate charity or destroyed.

      2. (a)(1) A reimbursement (including payment in kind) to a Member,
    officer, or employee from a private source other than a registered
    lobbyist or agent of a foreign principal for necessary transportation,
    lodging and related expenses for travel to a meeting, speaking
    engagement, factfinding trip or similar event in connection with the
    duties of the Member, officer, or employee as an officeholder shall be
    deemed to be a reimbursement to the House of Representatives and not a
    gift prohibited by this rule, if the Member, officer, or employee--

              (A) in the case of an employee, receives advance
    authorization, from the Member or officer under whose direct supervision
    the employee works, to accept reimbursement, and

              (B) discloses the expenses reimbursed or to be reimbursed and
    the authorization to the Clerk of the House of Representatives within 30
    days after the travel is completed.

    [[Page 873]]

    reational in nature, shall not be considered to be in connection with the
    duties of a Member, officer, or employee as an officeholder.
      (2) For purposes of paragraph (a)(1), events, the activities of which
    are substantially rec-

      (b) Each advance authorization to accept reimbursement shall be signed
    by the Member or officer under whose direct supervision the employee
    works and shall include--

              (1) the name of the employee;

              (2) the name of the person who will make the reimbursement;

              (3) the time, place, and purpose of the travel; and

              (4) a determination that the travel is in connection with the
    duties of the employee as an officeholder and would not create the
    appearance that the employee is using public office for private gain.

      (c) Each disclosure made under paragraph (a)(1) of expenses reimbursed
    or to be reimbursed shall be signed by the Member or officer (in the
    case of travel by that Member or officer) or by the Member or officer
    under whose direct supervision the employee works (in the case of travel
    by an employee) and shall include--

              (1) a good faith estimate of total transportation expenses
    reimbursed or to be reimbursed;

              (2) a good faith estimate of total lodging expenses reimbursed
    or to be reimbursed;

    [[Page 874]]

              (3) a good faith estimate of total meal expenses reimbursed or
    to be reimbursed;

              (4) a good faith estimate of the total of other expenses
    reimbursed or to be reimbursed;

              (5) a determination that all such expenses are necessary
    transportation, lodging, and related expenses as defined in paragraph
    (d); and

              (6) in the case of a reimbursement to a Member or officer, a
    determination that the travel was in connection with the duties of the
    Member or officer as an officeholder and would not create the appearance
    that the Member or officer is using public office for private gain.

      (d) For the purposes of this clause, the term ``necessary
    transportation, lodging, and related expenses''--

              (1) includes reasonable expenses that are necessary for travel
    for a period not exceeding 4 days within the United States or 7 days
    exclusive of travel time outside of the United States unless approved in
    advance by the Committee on Standards of Official Conduct;

              (2) is limited to reasonable expenditures for transportation,
    lodging, conference fees and materials, and food and refreshments,
    including reimbursement for necessary transportation, whether or not
    such transportation occurs within the periods described in subparagraph
    (1);

    [[Page 875]]

    tertainment other than that provided to all attendees as an integral
    part of the event, except for activities or entertainment otherwise
    permissible under this rule; and
              (3) does not include expenditures for recreational activities,
    nor does it include en-

              (4) may include travel expenses incurred on behalf of either
    the spouse or a child of the Member, officer, or employee.

      (e) The Clerk of the House of Representatives shall make available to
    the public all advance authorizations and disclosures of reimbursement
    filed pursuant to paragraph (a) as soon as possible after they are
    received.

      3. A gift prohibited by clause 1(a) includes the following:

              (a) Anything provided by a registered lobbyist or an agent of
    a foreign principal to an entity that is maintained or controlled by a
    Member, officer, or employee.

              (b) A charitable contribution (as defined in section 170(c) of
    the Internal Revenue Code of 1986) made by a registered lobbyist or an
    agent of a foreign principal on the basis of a designation,
    recommendation, or other specification of a Member, officer, or employee
    (not including a mass mailing or other solicitation directed to a broad
    category of persons or entities), other than a charitable contribution
    permitted by clause 4.

    [[Page 876]]

    for the benefit of a Member, officer, or employee.
              (c) A contribution or other payment by a registered lobbyist
    or an agent of a foreign principal to a legal expense fund established

              (d) A financial contribution or expenditure made by a
    registered lobbyist or an agent of a foreign principal relating to a
    conference, retreat, or similar event, sponsored by or affiliated with
    an official congressional organization, for or on behalf of Members,
    officers, or employees.

      4. (a) A charitable contribution (as defined in section 170(c) of the
    Internal Revenue Code of 1986) made by a registered lobbyist or an agent
    of a foreign principal in lieu of an honorarium to a Member, officer, or
    employee shall not be considered a gift under this rule if it is
    reported as provided in paragraph (b).

      (b) A Member, officer, or employee who designates or recommends a
    contribution to a charitable organization in lieu of honoraria described
    in paragraph (a) shall report within 30 days after such designation or
    recommendation to the Clerk of the House of Representatives--

              (1) the name and address of the registered lobbyist who is
    making the contribution in lieu of honoraria;

              (2) the date and amount of the contribution; and

    [[Page 877]]

    this paragraph as soon as possible after it is received.
              (3) the name and address of the charitable organization
    designated or recommended by the Member.
    The Clerk of the House of Representatives shall make public information
    received pursuant to

      5. For purposes of this rule--

              (a) the term ``registered lobbyist'' means a lobbyist
    registered under the Federal Regulation of Lobbying Act or any successor
    statute; and

              (b) the term ``agent of a foreign principal'' means an agent
    of a foreign principal registered under the Foreign Agents Registration
    Act.

      6. All the provisions of this rule shall be interpreted and enforced
    solely by the Committee on Standards of Official Conduct. The Committee
    on Standards of Official Conduct is authorized to issue guidance on any
    matter contained in this rule.

      This provision originally was adopted in the 104th Congress as rule
    LII (H. Res. 250, Nov. 16, 1995, p. ----). In the 105th Congress it was
    redesignated as rule LI (H. Res. 5, Jan. 7, 1997, p. ----). The history
    of earlier rules bearing the designation LI or LII follow.

    Sec. 946b. Former rules on employment practices
    and application of certain laws.

      The earliest  form of the rule on ``employment
    practices'' was designated as rule LI. It grew out of the Fair
    Employment Practices Resolution first adopted in the 100th Congress (H.
    Res. 558, Oct. 3, 1988, p. 27840) and renewed in the 101st Congress (H.
    Res. 15, Jan. 3, 1989, p. 85). The terms of that resolution were
    incorporated by reference in a standing rule LI in the 102d Congress (H.
    Res. 5, Jan. 3, 1991, p. 39), and were codified in full text, with
    certain amendments, in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. --
    --). The Employment Practices rule was overtaken by the earliest form of
    ``application of certain laws,'' which was originally designated as LII
    in the 103d Congress (H. Res. 578, Oct. 7, 1994, p. ----). The
    Application of Laws rule, in turn, was overtaken by the Congressional
    Accountability Act of 1995 (P.L. 104-1; 2 U.S.C. 1301 et seq.). Certain
    savings provisions appear in section 506 of that Act (2 U.S.C. 1435). A
    later form of rule designated as LII (gift rule) was adopted in the
    104th Congress (H. Res. 250, Nov. 16, 1995, p. ----). In the 105th
    Congress the Gift Rule was redesignated as rule LI (H. Res. 5, Jan. 7,
    1997, p. ----).